1697 Amendments of Paulo RANGEL
Amendment 6 #
2023/2127(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the Sino-British Joint Declaration of 1984 and the Sino- Portuguese Joint Declaration of 1987,
Amendment 142 #
2023/2127(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas China committed to the 'one country, two systems' principle by signing the Sino-British Joint Declaration and the Sino-Portuguese Joint Declaration, pertaining to the governance of the special administrative regions of Hong Kong and Macau;
Amendment 75 #
2023/2126(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas NATO remains the foundation of collective defence for its members and the guarantor of transatlantic security;
Amendment 63 #
2023/2113(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the important role of the Councils of the Judiciary in safeguarding judicial independence; considers it necessary to evaluate the reforms that are in the process of being adopted in different Member States and encourages the adaptation of the composition and functioning of these bodies to the standards established by the European Commission and the Council of Europe, and which have been endorsed by the EU Court of Justice.
Amendment 64 #
2023/2113(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Points out that the prosecution service is a key element for the capacity of the judiciary to fight crime and corruption; highlights the importance of guaranteeing the autonomy and independence of the prosecution service; stresses the need for safeguards to be put in place to help preserve the independence of the prosecution service so that it is free from undue political pressure, especially from the Government.
Amendment 65 #
2023/2113(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Observes that the setting up of parliamentary committees to investigate if so called “lawfare” or judicialisation of politics have occurred means, in practice, subjecting judicial procedures and decisions to parliamentary review with evident interference in the judicial independence and the separation of powers.
Amendment 66 #
2023/2113(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Considers that "ad hominem" legal reforms violate basic principles of the rule of law such as equality before the law and judicial independence.
Amendment 67 #
2023/2113(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Notes with concern the draft amnesty law presented in the Spanish Parliament, which in its current proposal covers crimes of embezzlement, terrorism, acts against the rule of law and constitutional integrity, with its main beneficiaries being political leaders associated with the current government majority; notes that the amnesty would mean the closure of the investigation of Russian interference in the events in Catalonia that occurred in September and October 2017, and that the European Parliament has accredited; notes the serious concern expressed by all judicial associations, lawyers' associations, as well as by civil servants and very diverse civil society organizations.
Amendment 80 #
2023/2113(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the reduction of penalties for the crime of embezzlement in Spain is a worrying step back which is at odds with the EU's objectives and commitments in the fight against corruption; stresses the lack of consistency between the fight against corruption and the reduction of penalties for the crime of embezzlement.
Amendment 1 #
2023/2104(INL)
Motion for a resolution
Citation 6
Citation 6
Amendment 1 #
2023/2104(INL)
Motion for a resolution
Citation 6
Citation 6
Amendment 8 #
2023/2104(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas representation of the interests of citizens from the Member States concerns both indirect representation in the Council of the European Union and direct representation in the European Parliament; whereas the voting system in the Council already takes into account population in the calculation for qualified majority voting; whereas this needs to be considered when deciding on the allocation of seats in the European Parliament;
Amendment 8 #
2023/2104(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas representation of the interests of citizens from the Member States concerns both indirect representation in the Council of the European Union and direct representation in the European Parliament; whereas the voting system in the Council already takes into account population in the calculation for qualified majority voting; whereas this needs to be considered when deciding on the allocation of seats in the European Parliament;
Amendment 9 #
2023/2104(INL)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas it essential that big and smaller Member States can effectively contribute to the decisions of the European Union;
Amendment 9 #
2023/2104(INL)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas it essential that big and smaller Member States can effectively contribute to the decisions of the European Union;
Amendment 10 #
2023/2104(INL)
Motion for a resolution
Recital B
Recital B
B. whereas Article 14(2) TEU states that the European Parliament shall be composed of representatives of the Union’s citizens; whereas according to this paragraph the seats of the Parliament are to be distributed among Member States with a minimum and maximum number of seats per Member State; whereas Article 14 does not refer to any alternative distribution of seats to that among Member States;
Amendment 10 #
2023/2104(INL)
Motion for a resolution
Recital B
Recital B
B. whereas Article 14(2) TEU states that the European Parliament shall be composed of representatives of the Union’s citizens; whereas according to this paragraph the seats of the Parliament are to be distributed among Member States with a minimum and maximum number of seats per Member State; whereas Article 14 does not refer to any alternative distribution of seats to that among Member States;
Amendment 11 #
2023/2104(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the composition of the European Parliament must respect the criteria laid down in the first subparagraph of Article 14(2) of the Treaty on European Union (TEU), namely no more than seven hundred and fifty representatives of the Union's citizens, plus the President, representation being degressively proportional, with a minimum threshold of six members per Member State and no Member State being allocated more than ninety-six seats; whereas these are the only criteria foreseen and allowed by the Treaties;
Amendment 11 #
2023/2104(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the composition of the European Parliament must respect the criteria laid down in the first subparagraph of Article 14(2) of the Treaty on European Union (TEU), namely no more than seven hundred and fifty representatives of the Union's citizens, plus the President, representation being degressively proportional, with a minimum threshold of six members per Member State and no Member State being allocated more than ninety-six seats; whereas these are the only criteria foreseen and allowed by the Treaties;
Amendment 12 #
2023/2104(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas in order to ensure comparability of population figures necessary to distribute seats, the same reference population data and period should be used;
Amendment 12 #
2023/2104(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas in order to ensure comparability of population figures necessary to distribute seats, the same reference population data and period should be used;
Amendment 13 #
2023/2104(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the basis forsince the adoption of Regulation (EU) No 1260/2013 of the European Parliament and of the Council, the calculation of the number of seats per mMember sStates is to be has been based on Eurostat data on these member states’ « usual resident population » in accordance with a method established by means of Regulation (EU) No 1260/2013 of the European Parliament and of the Council ; whereas the calculation includein the regulation; whereas the calculation also includes third country citizens, stateless persons as well as mobile EU citizens;
Amendment 13 #
2023/2104(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the basis forsince the adoption of Regulation (EU) No 1260/2013 of the European Parliament and of the Council, the calculation of the number of seats per mMember sStates is to be has been based on Eurostat data on these member states’ « usual resident population » in accordance with a method established by means of Regulation (EU) No 1260/2013 of the European Parliament and of the Council ; whereas the calculation includein the regulation; whereas the calculation also includes third country citizens, stateless persons as well as mobile EU citizens;
Amendment 18 #
2023/2104(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas any seat allocation system in the European Parliament cannot ignore the institutional framework set out in the Treaties and therefore has to be considered together with the voting system in the Council;
Amendment 18 #
2023/2104(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas any seat allocation system in the European Parliament cannot ignore the institutional framework set out in the Treaties and therefore has to be considered together with the voting system in the Council;
Amendment 19 #
2023/2104(INL)
Motion for a resolution
Recital G
Recital G
G. whereas European Council Decision (EU) 2023/2061 of 22 September 2023 establishing the composition of the European Parliament for the 2024-2029 legislative term increases the size of Parliament from 705 to 720 members; whereas the Treaty currently sets an upper limit of 751 members; whereas the current solution used to avoid seat losses by individual member states of tapping into the remaining reserve of seats until the upper limit is reached is neither sustainable nor contributes to a more equitable allocation of seats; whereas this situation underlines the need for an agreement on an objective, fair, durable and transparent seat allocation method;
Amendment 19 #
2023/2104(INL)
Motion for a resolution
Recital G
Recital G
G. whereas European Council Decision (EU) 2023/2061 of 22 September 2023 establishing the composition of the European Parliament for the 2024-2029 legislative term increases the size of Parliament from 705 to 720 members; whereas the Treaty currently sets an upper limit of 751 members; whereas the current solution used to avoid seat losses by individual member states of tapping into the remaining reserve of seats until the upper limit is reached is neither sustainable nor contributes to a more equitable allocation of seats; whereas this situation underlines the need for an agreement on an objective, fair, durable and transparent seat allocation method;
Amendment 28 #
2023/2104(INL)
Motion for a resolution
Recital J
Recital J
J. whereas it is necessary to ensure that the allocation method is flexible enough to accommodate future EU enlargements and possible changes to applicable Union law, and in particular to the Treaties or EU electoral law;
Amendment 28 #
2023/2104(INL)
Motion for a resolution
Recital J
Recital J
J. whereas it is necessary to ensure that the allocation method is flexible enough to accommodate future EU enlargements and possible changes to applicable Union law, and in particular to the Treaties or EU electoral law;
Amendment 38 #
2023/2104(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that this discussion needs to take place at an inter- institutional level and should therefore involve the Council and the European Commission;
Amendment 38 #
2023/2104(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that this discussion needs to take place at an inter- institutional level and should therefore involve the Council and the European Commission;
Amendment 41 #
2023/2104(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that Treaty requirements together with political realities have led to ad hoc negotiated agreements on the composition of the European Parliament every mandate; observes that the reason for the politicisaally sensitive nature of seat distribution is the aim of every Member State to minimise seat losses and maximise seat gains in absolute or relative terms and to ensure their citizens adequate representation in the Parliament also in view of QMV calculations in the Council; emphasises that in the last two decisions concerning the allocacomposition of seats,the European Parliament seats were allocated that became available after the United Kingdom left the EU; highlights that, in the long-term, this strategy is not sustainable, given the Treaty limitation of a maximum of 751 seats and the potentially distortive effects of a political solution, rendering an agreement on an equitable allocation in the future more difficult;
Amendment 41 #
2023/2104(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that Treaty requirements together with political realities have led to ad hoc negotiated agreements on the composition of the European Parliament every mandate; observes that the reason for the politicisaally sensitive nature of seat distribution is the aim of every Member State to minimise seat losses and maximise seat gains in absolute or relative terms and to ensure their citizens adequate representation in the Parliament also in view of QMV calculations in the Council; emphasises that in the last two decisions concerning the allocacomposition of seats,the European Parliament seats were allocated that became available after the United Kingdom left the EU; highlights that, in the long-term, this strategy is not sustainable, given the Treaty limitation of a maximum of 751 seats and the potentially distortive effects of a political solution, rendering an agreement on an equitable allocation in the future more difficult;
Amendment 46 #
2023/2104(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a seat allocation method offers great potential for providing in the future a permanent system to allocate the seats of the European Parliament in an objective, fair, durable and transparent way, in so far as it takes in consideration the voting system in the Council;
Amendment 46 #
2023/2104(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a seat allocation method offers great potential for providing in the future a permanent system to allocate the seats of the European Parliament in an objective, fair, durable and transparent way, in so far as it takes in consideration the voting system in the Council;
Amendment 53 #
2023/2104(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that in choosing the most suitable formula, priority needs to be given to objective and evidence-based criteria; further believes that changes to the relevant Treaty provisions can be considered, having in mind that this is a constitutional debate that seriously impacts the overall balance of the institutional system as laid down in the Treaties;
Amendment 53 #
2023/2104(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that in choosing the most suitable formula, priority needs to be given to objective and evidence-based criteria; further believes that changes to the relevant Treaty provisions can be considered, having in mind that this is a constitutional debate that seriously impacts the overall balance of the institutional system as laid down in the Treaties;
Amendment 56 #
2023/2104(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Strongly bBelieves that expert advice for a permanent system of allocation is readily available although it continues to ignore the implications of the voting system in the Council as per the representation of small and medium size Member States in the EU decision making framework ; stresses that, given existing political realities, finding the most suitable system, while reflecting on adaptations and alternatives, is key;
Amendment 56 #
2023/2104(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Strongly bBelieves that expert advice for a permanent system of allocation is readily available although it continues to ignore the implications of the voting system in the Council as per the representation of small and medium size Member States in the EU decision making framework ; stresses that, given existing political realities, finding the most suitable system, while reflecting on adaptations and alternatives, is key;
Amendment 63 #
2023/2104(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that any method chosen should be transparent; continues. therefore. to support using Eurostat data as the official source of population figures for the calculations, which is publicly available; fully supports that the same population figures are used as basisconsiders that the reference criteria for the calculations onf the EP composition and the qualified majority in Council;number of seats per Member State should be the resident population of a given Member State entitled to vote in the European elections.
Amendment 63 #
2023/2104(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that any method chosen should be transparent; continues. therefore. to support using Eurostat data as the official source of population figures for the calculations, which is publicly available; fully supports that the same population figures are used as basisconsiders that the reference criteria for the calculations onf the EP composition and the qualified majority in Council;number of seats per Member State should be the resident population of a given Member State entitled to vote in the European elections.
Amendment 68 #
2023/2104(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that the method chosen should be understandable, avoiding ain order to represent member States of all sizes in a way that is adequate and fair is a complex task; considers therefore that complexity of a formula is not a disadvantage; stresses that transparency of a calculation method should in no case be equated with the quality of being easily explainable to people with various levels of complexity that citizens cannot understandgrasp of mathematical concepts; considers rather that transparency means that one single rule applies to the distribution of all seats, which citizens can check;
Amendment 68 #
2023/2104(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that the method chosen should be understandable, avoiding ain order to represent member States of all sizes in a way that is adequate and fair is a complex task; considers therefore that complexity of a formula is not a disadvantage; stresses that transparency of a calculation method should in no case be equated with the quality of being easily explainable to people with various levels of complexity that citizens cannot understandgrasp of mathematical concepts; considers rather that transparency means that one single rule applies to the distribution of all seats, which citizens can check;
Amendment 76 #
2023/2104(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that degressive proportionality is assessed on the basis of the representation ratio of the citizens of a given Member State, meaning the ratio of the population of a Member State relative to its number of seats before rounding; observes that degressive proportionality entails that the ratio varies for the various Member States; further notes that the larger the population, the higher the entitlement to a number of seats for a specific Member State, while the ratio population to MEP also increases; notes and accepts that degressive proportionality entails an underrepresentation of citizens from Member States with a larger population and an overrepresentation of citizens of Member States with a smaller population; believunderlines that this principle is justified given the current EU institutional framework;
Amendment 76 #
2023/2104(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that degressive proportionality is assessed on the basis of the representation ratio of the citizens of a given Member State, meaning the ratio of the population of a Member State relative to its number of seats before rounding; observes that degressive proportionality entails that the ratio varies for the various Member States; further notes that the larger the population, the higher the entitlement to a number of seats for a specific Member State, while the ratio population to MEP also increases; notes and accepts that degressive proportionality entails an underrepresentation of citizens from Member States with a larger population and an overrepresentation of citizens of Member States with a smaller population; believunderlines that this principle is justified given the current EU institutional framework;
Amendment 81 #
2023/2104(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is of the opinion that a permanent system based on a formula needs to be durable and therefore flexible enough to account for changes in population figures, for future enlargements and for possible changes of applicable legislative provisions, such as the electoral law or treaty changes;
Amendment 81 #
2023/2104(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is of the opinion that a permanent system based on a formula needs to be durable and therefore flexible enough to account for changes in population figures, for future enlargements and for possible changes of applicable legislative provisions, such as the electoral law or treaty changes;
Amendment 88 #
2023/2104(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that the Treaties do not refer to any alternative distribution of seats than that among Member States; stresses therefore that any distribution based on other considerations, such as making an allocation for so-called transnational lists would go against the letter and the spirit of the Treaties;
Amendment 88 #
2023/2104(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that the Treaties do not refer to any alternative distribution of seats than that among Member States; stresses therefore that any distribution based on other considerations, such as making an allocation for so-called transnational lists would go against the letter and the spirit of the Treaties;
Amendment 89 #
2023/2104(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines that the overall balance of the institutional framework as laid down in the Treaties when it comes to the decision-making power does not allow for seat allocation in the European Parliament based on direct proportionality criteria;
Amendment 89 #
2023/2104(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines that the overall balance of the institutional framework as laid down in the Treaties when it comes to the decision-making power does not allow for seat allocation in the European Parliament based on direct proportionality criteria;
Amendment 97 #
2023/2104(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Further notes that the ‘Cambridge Compromise’ has been criticised for neglectings the interests of citizens of medium-sized Member States, entailing seat losses for these countries; recalls that in order to counterbalance this tendency of the ‘Cambridge Compromise”, an extensive reform of the qualified voting mechanism currently in force in the Council; regretfully acknowledges that, , due to high political hurdles, such as Treaty change, these reforms were never pursued;
Amendment 97 #
2023/2104(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Further notes that the ‘Cambridge Compromise’ has been criticised for neglectings the interests of citizens of medium-sized Member States, entailing seat losses for these countries; recalls that in order to counterbalance this tendency of the ‘Cambridge Compromise”, an extensive reform of the qualified voting mechanism currently in force in the Council; regretfully acknowledges that, , due to high political hurdles, such as Treaty change, these reforms were never pursued;
Amendment 100 #
2023/2104(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need for any method chosen to maintaincontemplated method to consider the advantages of the known formulas, while minimising their disadvantages; points out that ‘base seat’ elements of the seat allocation system can be used to ensure the democratic representation of citizens from smaller Member States, while the proportional elements ensure that the larger a Member State’s population , the greater the number of seats allocated to it; highlights that seats allocated in proportion to the square root of the population of Member States contribute to ensuring that degressive proportionality is achieved and the citizens of small and medium-sized Member States are democratically represented; believes that the combination of these elements can be converted into a mathematical formula and used as the basis of the most suitable allocation system; believes that such allocation system should be proposed and adopted in the form of a political decisionbelieves that such allocation system should be thoroughly discussed and proposed in the next parliamentary term;
Amendment 100 #
2023/2104(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need for any method chosen to maintaincontemplated method to consider the advantages of the known formulas, while minimising their disadvantages; points out that ‘base seat’ elements of the seat allocation system can be used to ensure the democratic representation of citizens from smaller Member States, while the proportional elements ensure that the larger a Member State’s population , the greater the number of seats allocated to it; highlights that seats allocated in proportion to the square root of the population of Member States contribute to ensuring that degressive proportionality is achieved and the citizens of small and medium-sized Member States are democratically represented; believes that the combination of these elements can be converted into a mathematical formula and used as the basis of the most suitable allocation system; believes that such allocation system should be proposed and adopted in the form of a political decisionbelieves that such allocation system should be thoroughly discussed and proposed in the next parliamentary term;
Amendment 110 #
2023/2104(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 110 #
2023/2104(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 117 #
2023/2104(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the seat allocation system will make it easier for the European Parliament to swiftly adopt its proposal to the European Council concerning the composition of the European Parliament; resolves to make this seat allocation system the basis of its proposal to the European Council; points out that Parliament’s consent is required on the European Council decision on the composition of the European Parliament; further resolves not to give its consent to the European Council decision, if that decision deviates from the allocation resulting from the application of allocation system proposed by Parliamentnot set aside political considerations and therefore will not mean an "automatic" or predefined proposal of the European Parliament to the European Council concerning its composition;
Amendment 117 #
2023/2104(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the seat allocation system will make it easier for the European Parliament to swiftly adopt its proposal to the European Council concerning the composition of the European Parliament; resolves to make this seat allocation system the basis of its proposal to the European Council; points out that Parliament’s consent is required on the European Council decision on the composition of the European Parliament; further resolves not to give its consent to the European Council decision, if that decision deviates from the allocation resulting from the application of allocation system proposed by Parliamentnot set aside political considerations and therefore will not mean an "automatic" or predefined proposal of the European Parliament to the European Council concerning its composition;
Amendment 119 #
2023/2104(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the seat allocation system willcould make it easier for the European Parliament to swiftly adopt its proposal to the European Council concerning the composition of the European Parliament; resolves to make this seat allocation system the basis of its proposal to the European Council; points out that Parliament’s consent is required on the European Council decision on the composition of the European Parliament; further resolves not to give its consent to the European Council decision, if that decision deviates from the allocation resulting from the application of allocation system proposed by Parliament;
Amendment 119 #
2023/2104(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the seat allocation system willcould make it easier for the European Parliament to swiftly adopt its proposal to the European Council concerning the composition of the European Parliament; resolves to make this seat allocation system the basis of its proposal to the European Council; points out that Parliament’s consent is required on the European Council decision on the composition of the European Parliament; further resolves not to give its consent to the European Council decision, if that decision deviates from the allocation resulting from the application of allocation system proposed by Parliament;
Amendment 120 #
2023/2104(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers it democratically legitimate for the next European Parliament legislature to decide on the use of a particular formula based on the considerations from this resolution;
Amendment 120 #
2023/2104(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers it democratically legitimate for the next European Parliament legislature to decide on the use of a particular formula based on the considerations from this resolution;
Amendment 121 #
2023/2104(INL)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Commits itself to discuss its proposals for a seat distribution formula with the Council, the EU institution responsible with the adoption of the decision on the European Parliament's composition;
Amendment 121 #
2023/2104(INL)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Commits itself to discuss its proposals for a seat distribution formula with the Council, the EU institution responsible with the adoption of the decision on the European Parliament's composition;
Amendment 122 #
2023/2104(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Instructs its President to forward this legislative resolution and the proposal annexed heretoworking document to the European Council and the Commission, and to the parliaments and governments of the Member States.
Amendment 122 #
2023/2104(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Instructs its President to forward this legislative resolution and the proposal annexed heretoworking document to the European Council and the Commission, and to the parliaments and governments of the Member States.
Amendment 123 #
2023/2104(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Instructs its President to forward this legislative resolution and the proposal annexed hereto to the European Council and the Commission, and to the parliaments and governments of the Member States.
Amendment 123 #
2023/2104(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Instructs its President to forward this legislative resolution and the proposal annexed hereto to the European Council and the Commission, and to the parliaments and governments of the Member States.
Amendment 125 #
Amendment 125 #
Amendment 2 #
2023/2083(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the revised Statute of the European Ombudsman1a _________________ 1a OJ L 253, 16.7.2021.
Amendment 3 #
2023/2083(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
– having regard to its resolution of 10 May 2022 on Parliament’s right of initiative1b _________________ 1b Texts adopted, P9_TA(2022)0242.
Amendment 11 #
2023/2083(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas SPLs have a higher constitutional dignity than OLPs due to their specific provision in the Treaties and therefore the procedural obligations of both institutions - Council and Parliament - are not inferior to those arising from the OLPs;
Amendment 12 #
2023/2083(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the Treaties award Parliament direct rights of initiative with regard to its own composition, the election of its Members and their Statute, the Statute of the European Ombudsman and Parliament’s right of inquiry, instances where special legislative procedures apply;
Amendment 16 #
2023/2083(INI)
Motion for a resolution
Recital F
Recital F
F. whereas in multiple cases, the Council’s position ignored long-standing recommendations of the Commission and Parliament, prolonging the decision without any time frame for completion, or even blocking the decision altogether by applying vetoes that were not based on legally defined and concrete Treaty-based arguments or explanations;
Amendment 19 #
2023/2083(INI)
Motion for a resolution
Recital H
Recital H
H. whereas mutual sincere cooperation requires the institutions to cooperate in good faith, to support one another and to refrain from any measure that would impede the other institutions from exercising their competences;
Amendment 24 #
2023/2083(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets the fact that in mostsome SLPs, Parliament lacks full participatory rights;
Amendment 28 #
2023/2083(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that the cases in which a legislative act is adopted by Parliament with the participation of the Council primarily pertain to Parliament’s own organisation and the establishment of the annual budget;Treaty of Lisbon bestows direct rights of initiative on Parliament which encompass different special legislative procedures that pertain to its competence to self-organise, its scrutiny function and its democratic legitimacy as the only directly elected EU institution; regrets that these special legislative procedures have too seldom been successfully concluded due to the lack of agreement of the Commission and the Council1c; underlines the special and reinforced constitutional dignity of the issues that are subject to the initiative of Parliament; considers that the Treaties barely regulate such procedures and calls for a new interinstitutional agreement between the three institutions devoted exclusively to this matter, with full respect for its special constitutional dignity; _________________ 1c Study entitled ‘The European Parliament’s right of initiative’, pp 34-35 (PE 655.134 – ISBN 978-92-846-6738-3).
Amendment 33 #
2023/2083(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that on 3 May 20225 , Parliament adopted a position on reforming the European electoral law aimed at fostering a true pan-European political debate ahead of European elections and increasing citizens’ interest in European affairs;; _________________ 5 OJ C 465, 6.12.2022, p. 171.
Amendment 36 #
2023/2083(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Understands that somethe majority of Member States have expressed reservaobjections ton certain elements of the proposal, but also regrets the fact that the proposal is not being discussed regularly in the Council;
Amendment 37 #
2023/2083(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 52 #
2023/2083(INI)
Motion for a resolution
Subheading 3
Subheading 3
Amendment 53 #
2023/2083(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 56 #
2023/2083(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 65 #
2023/2083(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 68 #
2023/2083(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 82 #
2023/2083(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that the relationships between the EU institutions should bare governed by the principles of institutional balance and mutual sincere cooperation enshrined in Article 13(2) TEU;
Amendment 83 #
2023/2083(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that the participation of Parliament in whatever form has been envisaged by the Treaties reflects a fundamental democratic principle that citizens should take part in the exercise of power through the intermediary of adecision making process through their elected representative assemblys;
Amendment 84 #
2023/2083(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that the duty of mutual sincere cooperation between the institutions requires the institutions to keep each other informed and consult each other so that consent may be given at the end of the procedure; insists, therefore, that consent should not consist ofis not a mere ‘yes or no’ question at the end of the procedure, but shouldactually means an adhesion to the content of the legislative act and should therefore be something that the institutions aspire to achieve;
Amendment 87 #
2023/2083(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Recalls the modus operandi adopted by the Parliament’s negotiating team that lead to the adoption of the revised Statute of the European Ombudsman after years of refusal from the Council to give consent, which included informal consultations with the Council and the Commission, enabling the former to anticipate the main legislative options of the Parliament and, where necessary, allow both institutions to find compromise solutions to unblock the adoption of the file; believes this should constitute a practical precedent to other areas where consent is required 1d; _________________ 1d Texts tabled, A9-0174/2021, Explanatory statement.
Amendment 91 #
2023/2083(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls for an interinstitutional agreement devoted to the special legislative procedures where Parliament has the right of initiative, to clarify the applicable procedures and roles of the institutions;
Amendment 95 #
2023/2083(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Highlights the need to define precise requirements on the time frame for the adoption or refusal of an act by the Council;
Amendment 98 #
2023/2083(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Insists on its call to release the public positions of the Member States at the moment of the adoption of an act by the Council; suggests introducing binding justifications, based on Treaty provisions, respect for the fundamental rights of all EU citizens and Member States and the Charter of Fundamental Rights of the European Union in all cases in which Member States apply a veto to a particular decision;
Amendment 101 #
2023/2083(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls the importance of early cooperation and coordinated legal analysis between European institutions, in order to help find compromises on issues where concerns arise from misunderstandings rather than strong political divergences;
Amendment 112 #
2023/2083(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls for the immediate activation of passerelle clauses to move from SLPs to ordinary legislative procedures in keysome policy fields in order to improve the EU’s capacity to act;
Amendment 12 #
2023/2028(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes note of the Council of Europe’s report of 6 October 2022 entitled ‘Freedom of political speech: an imperative for democracy’; stresses that freedom of expression in the EU must not be limited by the interests, constitutional framework or political choices of a Member State; reiterates the need for a single and coherent monitoring system for democracy, rule of law and fundamental rights in the EU that would establish an annual monitoring cycle and therefore insists on the need for a mechanism for democracy, the rule of law and fundamental rights, which should be established through an interinstitutional agreement;
Amendment 21 #
2023/2028(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the Northern Ireland Protocol is a prerequisite for a smooth relationship between the EU and the UK; calls for continued vigilance in order to preserveguarantee the rights enshrined in the Good Friday Agreement; welcomes the Windsor Framework;
Amendment 25 #
2023/2028(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that Russia’s war of aggression against Ukraine places the EU in a new situation, namely that of a prospective enlargement to include Ukraine, Moldova and Georgia, with the Copenhagen criteria as a fundamental basis; calls for all refugees to be treated with humanity, and solidarity and generosity;
Amendment 38 #
2023/2028(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls for all the consequencerepercussions of these scandals to be addressthoroughly tackled, and foriming to fully reinstate Parliament’s credibility to be fully restored.
Amendment 40 #
2023/2028(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the six Member States who have not yet ratified the Istanbul Convention to do so without further delay; stresses the importance of the Istanbul Convention for the protection of fundamental rights of women, combating violence and domestic violence.
Amendment 42 #
2023/2028(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. In line with Art. 19 TEU, Art. 67(4) TFEU and Art. 47 of the Charter, underlines that an independent judiciary is the cornerstone of the rule of law and of the right to effective legal protection; recommends a departure from the existing approach of tackling rule of law cases in individual countries in an ad hoc manner, and calls for the development of criteria and contextual assessments to guide Member States in recognising and tackling any possible rule of law issues in a regular and comparative manner;
Amendment 43 #
2023/2028(INI)
Draft opinion
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Stresses that the rule of law is intrinsically linked to respect for democracy and for fundamental rights and that therefore the three principles must be jointly monitored;
Amendment 44 #
2023/2028(INI)
Draft opinion
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Suggests that the respect of the rule of law as one of the criteria for accession of new Member States should not be merely a precondition for accession, but a binding and enforceable criterion in order to monitor Member States’ compliance therewith throughout their membership of the EU in line with the European Parliament resolution of 12 February 2019 on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework.
Amendment 11 #
2023/2016(INI)
Motion for a resolution
Recital D
Recital D
D. whereas several Member States still restrict voting rights for peopledo not fully implement appropriate arrangements tailored to their national voting procedures to facilitate voting by citizens with disabilities, thus preventing the meaningful participation and representation of these citizens in democratic processes;
Amendment 34 #
2023/2016(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets that the lead candidate system for the election of the President of the European Commission was not implemented at the last European elections; regrets further a lack of progress on this issue since 2019; acknowledges that this led to disappointment among many voters; believes that a clear and credible link between the choice of voters and the election of the Commission President is needed and therefore proposes to reverse the roles of the European Council and the European Parliament in the nomination and confirmation of the President of the Commission to more accurately reflect the results of European elections; calls on the European political parties, national political parties and national governments to work together to ensure this outcome at the next elections;
Amendment 56 #
2023/2016(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 60 #
2023/2016(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 389 #
2023/0135(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article15a Prohibition of pardons and amnesties Member States shall take the necessary measures to prohibit any pardon for the benefit of those who have been held liable for any of the criminal offences referred to in Articles 7 to 14 and to prohibit any amnesty for any of the criminal offences referred to in Articles 7 to 14.
Amendment 5 #
2022/2200(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Sofia Summit of 10 November 2020, including the Declaration on the Common Regional Market and the Declaration on the Green Agenda for the Western Balkans,
Amendment 7 #
2022/2200(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to Council Decision (EU) 2022/2353 of 1 November 2022 on an Assistance Measure under the European Peace Facility to strengthen the capacities of the Armed Forces of Bosnia and Herzegovina,
Amendment 16 #
2022/2200(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
— having regard to the meeting of the North Atlantic Council in Madrid 29 June 2022 and the NATO Madrid Summit Declaration;
Amendment 18 #
2022/2200(INI)
Motion for a resolution
Citation 22 b (new)
Citation 22 b (new)
— having regard to the meeting of NATO Ministers of Defence on 14-15 February 2023,
Amendment 26 #
2022/2200(INI)
Motion for a resolution
Recital A
Recital A
A. whereas enlargement is the EU’s most effective foreign policy instrument, one of the Union’s most successful policies and represents a geostrategic investment in lasting peace, stability and security of the whole continent;
Amendment 40 #
2022/2200(INI)
Motion for a resolution
Recital C
Recital C
C. whereas BiH has been granted EU candidate country status; whereas its progress towards EU accession depends on implementfulfilling the 14 key priorities identified in the Commission opinion on its application for EU membership;
Amendment 47 #
2022/2200(INI)
Motion for a resolution
Recital D
Recital D
D. whereas BiH’s advancement towards EU accession requires genuine reconciliation in BiH is needed, based on itsthe multicultural character and equal rightsof the country and its entities, and the respect for its unity, sovereignty and territorial integrity, equal rights and non-discrimination;
Amendment 59 #
2022/2200(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU is BiH’s biggest trade and investment partner and its largest provider of financial assistance, nameotably through the Instrument for Pre- Accession Assistance (IPA III);
Amendment 63 #
2022/2200(INI)
Motion for a resolution
Recital F
Recital F
F. whereas malign foreign interference aims to destabilise BiH and the whole Western Balkans region, especially in the context of Russia’s war of aggression against Ukraine;
Amendment 66 #
2022/2200(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the European Council's decision to grant candidate status to BiH, on the understanding that a number of steps are taken to strengthen the country’s readiness for accession negotiations; reiterates its clear support for BiH’s EU integration, grounded in unity, sovereignty and territorial integrity;
Amendment 73 #
2022/2200(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. WelcomeCommends the swift implementation of results of the general elections held in October 2022, the appointment of a new state-level government, the signing of a coalition programme, and the resumption of political decision-making and; welcomes the appointment of the President and two Vice- Presidents of the Federation of BiH; calls for the Federation of BiH’s and cantonal governments' formation to be swiftly completed;
Amendment 82 #
2022/2200(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Encourages all authorities to seize the momentum to meaningfully advance on the 14 key priorities and avoid slipping back into obstructive policies, to show commitment, prioritise and make significant progress on necessary EU- related reforms, by advancing on the eight steps in the Commission recommendation in the context of fulfilling the 14 key priorities and the Brussels political agreement of 12 June 2022 on principles for ensuring a functional Bosnia and Herzegovina that advances on the European path; underscores that BiH’s path towards EU accession needs to be anchored in functioning democratic institutions, rule of law, good governance, the fight against corruption and organised crime, respect for fundamental rights, equality and non-discrimination for all citizens and constituent peoples as enshrined in the constitution; calls for consistent countrywide coordination, harmonisation and alignment across policy fields in line with EU standards, as well as improved planning and monitoring of reforms through political and technical coordination, including by adopting a national programme for the adoption of the EU acquis without further delay;
Amendment 91 #
2022/2200(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and the European External Action Service to continue supporting BiH’s EU integration based on strict conditionality; calls for their coordinated cooperation in BiH with the authorities and relevant partners;
Amendment 98 #
2022/2200(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reaffirms its support for the mandates of the Office of the High Representative and EUFOR Operation Althea in overseeing the implementation of the Dayton Peace Agreement; s the civilian executive and EUFOR Operation Althea as the military executive in overseeing the implementation of the Dayton Peace Agreement until the country has fulfilled the ‘5+2 agenda’ and its international supervision ends; welcomes the extension of EUFOR Althea’s mandate until November 2023; recalls that this mission still plays a fundamental role for the security and stability of BiH and calls on the EU and its international partners to ensure its continued presence, strengthened capacities, and future mandate renewal; calls on the Commission and the EEAS to positively engage with and rely on the OHR and EUFOR Althea to preserve stability in BiH, thereby facilitating the EU accession efforts;
Amendment 110 #
2022/2200(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomeCommends BiH’s increased alignment with the EU’s common foreign and security policy (CFSP), and urges for the effective implementation of sanctions stemming from CFSP alignmentnotably in the context of the Russian war on Ukraine, and urges for continual improvement in this regard; strongly calls on all actors to unequivocally condemn Russia’s full- scale invasion of Ukraine and ensure the effective implementation of sanctions stemming from CFSP alignment; welcomes BiH’s vote in favour of relevant UN General Assembly resolutions and Russia’s suspension from the Human Rights Council; deplores, however, the RS leadership’s pro-Russian stance and the awarding of a distinction to Vladimir Putin; condemns meetings with high-level Iranian political actors amidst serious human rights violations in Iran, and its delivery of drones to Russia in its war against Ukraine;
Amendment 121 #
2022/2200(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Supports BiH’s sustained aspirations towards Euro-Atlantic integration and NATO membership; welcomes in this regard the BiH Defence Minister’s participation in the 2022 NATO Madrid Summit, NATO’s commitment to boost tailored support to BiH to build integrity and resilience, develop capabilities, and uphold political independence, and NATO’s approval of an aid package to BiH; further welcomes the Council’s adoption of an assistance measure under the European Peace Facility worth EUR 10 million to the benefit of the Armed Forces of Bosnia and Herzegovina (AFBiH) and the signing of a Cooperation and Training Contract for the Year 2023 between the AFBiH and EUFOR;
Amendment 126 #
2022/2200(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Denounces the recurring inflammatory rhetoric and secessionist policies by the leadership of the Republika Srpska (RS) entity, including the celebration of the so-called RS Day; underlines that such actions destabilise BiH, undermine the Dayton Peace Agreement, contradict BiH’s EU perspective and endanger access to EU funding, proclaimed unconstitutional by the Constitutional Court of BiH, as well as the re-adoption of the Law on Immovable Property of RS, previously rejected by the Constitutional Court and twice annulled by the High Representative; underlines that such actions destabilise BiH, undermine the Dayton Peace Agreement, contradict BiH’s EU perspective and endanger access to EU funding; deplores, in this context, the decision by the RS government of cutting diplomatic contacts with official representatives of the United Kingdom and the United States;
Amendment 136 #
2022/2200(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its call for targeted sanctions against destabilising actors in BiH, including those threatening its sovereignty and territorial integrity, notably Milorad Dodik, as well as other high-ranking RS officials and third- country officials providing political and material support for secessionist policies; calls on all Member States to ensure that such sanctions can be adopted by the Council; recalls that the EU’s framework for restrictive measures in view of the situation in BiH is in place until 31 March 2024;
Amendment 145 #
2022/2200(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Condemns malign foreign interference, disinformation campaigns and destabilisation efforts by third actors in BiH, notably Russia’s continuing destabilisation of the Western Balkans; remains strongly concerned about prominent ties and visits between the RS entity leadership and high-level political figures in Russia;
Amendment 150 #
2022/2200(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Reiterates its call on the Commission and EEAS for a more active, visible and effective communication strategy about the benefits of EU enlargement; welcomes, in this regard, the launch of a campaign by the EU Office in BiH to encourage progress on EU integration, entitled “Progress is within reach”;
Amendment 152 #
2022/2200(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls on the EU to increase cooperation with Western Balkan partners to strengthen democratic resilience and counter hybrid threats, including cyber security, protecting critical infrastructure and food and energy security;
Amendment 158 #
2022/2200(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the rule of law, good governance, pluralism and fundamental rights need to be mainstreamed in IPA III funding, which must be based on strict conditionality, and reiterates its call on the Commission to develop guidelines on its application; urges BiH to put in place efficient country-wide financial management, control and audit systems for EU funds; recalls that EU funding for projects in the RS entity should remain frozen until the reversal of democratic backsliding by the RS entity and until full alignment with the CFSP;
Amendment 167 #
2022/2200(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. UrgentWelcomes the establishment of the working bodies of the House of Peoples of the BiH Parliamentary Assembly; calls onfor BiH to’s renewed commitment to the EU policy dialogue, by swiftly engageing in regular inter-parliamentary cooperation through the Stabilisation and Association Parliamentary Committee;
Amendment 170 #
2022/2200(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Welcomes BiH’s participation in the European Political Community, but stresses that this positive engagement should not be an alternative to EU integration;
Amendment 171 #
2022/2200(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Reiterates the central role of the rule of law and institutional integrity; recalls the need for harmonised, merit- based civil service standards across BiH administrative levels, enabling a professional, streamlined, depoliticised and accountable public administration that can deliver services to BiH citizens; calls on BiH political actors to support and establish a functioning coordination structure to steer public administration reform; welcomes progress on appointing heads of important state agencies;
Amendment 187 #
2022/2200(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets the failure of political actors to bring the constitution and the electoral framework in line with the European Convention on Human Rights; calls on all decision makers to reach an agreement in line with the verdicts of international and domestic courts, as well as the Brussels political agreement of 12 June 2022; supports limited, transparent and inclusive reforms that would enable a sustainable transformation of the Dayton Peace Agreement;
Amendment 190 #
2022/2200(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on BiH to harmonise party registration rules and to ensure the transparency of political party financing in line with international standards and recommendations of relevant international bodies; acknowledges the steps taken by the Central Election Commission and calls for its capacities to be strengthened; welcomes the intervention by the OHR to improve the integrity of the electoral process and strengthen the role of the Central Election Commission after the failure of the inter- agency working group on electoral reform (IAWG) and the BiH Parliament to do so;
Amendment 193 #
2022/2200(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Strongly encourages initiatives that improve the democratic process in the country, such as the EU pilot project for the introduction of an electronic system of voter identification and faster transmission of election results;
Amendment 195 #
2022/2200(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for urgent measures to strengthen the judiciary’s integrity and independence to be strengthened, namely by bringing the Law on the High Judicial and Prosecutorial Council and the Law on Courts in line with EU standards, and by eliminating selective justice, the case backlog, corruption, a lack of transparency and poor oversightbased on the 14 key priorities and the Priebe report recommendations, including via additional safeguards and consistent application of objective rules and criteria on the case allocation, appointment, disciplinary responsibility, career advancement, conflict of interest, and asset verification of judges and prosecutors to restore public trust; calls for eliminating selective justice, the case backlog, corruption, a lack of transparency and poor oversight, which undermine the full enjoyment of citizens’ rights; reaffirms its call on BiH authorities to adopt amendments to the Law on the High Judicial and Prosecutorial Council and the Law on Courts in line with European standards; strongly opposes any attempt to establish a separate HJPC on entity level, which undercuts the constitutional order;
Amendment 204 #
2022/2200(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Expresses its concern about the lack of progress on preventing widespread corruption and the increasing signs of state capture, political interference and obstruction, pressure and intimidation; urges BiH to adopt conflict of interest laws and to strengthenenforce conflict of interest and lobbying rules across all administrative levels together with stronger protection for whistleblowers, in line with EU standards;
Amendment 213 #
2022/2200(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for increased resources for anti-corruption structures, including their active involvement in addressing GRECO recommendations; points to the added value of effective country-wide and European cooperation among law enforcement agencies and with the European Public Prosecutor’s Office; in the fight against corruption and organised crime; reiterates its call on BiH to cooperate with the European Public Prosecutor’s Office; welcomes the appointment of a national coordinator for the European Multidisciplinary Platform Against Criminal Threats (EMPACT) and expects BiH’s fully functional cooperation with Europol and Eurojust; welcomes, in this regard, the signature of the Rulebook on the operation of the National/Joint Contact Point for cooperation with Europol; calls for safeguards against political interference into police work;
Amendment 219 #
2022/2200(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Urges BiH to align its legislation and take action on anti-money laundering and counterterrorism finance;
Amendment 221 #
2022/2200(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes the steps taken to increase the alignment of public procurement laws with the EU acquis; expresses it, as well as the adoption of a plan for integrity and fight against corruption by the Public Procurement Agency; reiterates the need for transparency, competition and equal treatment in the public procurement process, as well as to reduce the abuse of public resources; remains concerned about the sector’s vulnerabilities to corruption and irregularities and calls for stronger capacities for monitoring, management and support;
Amendment 228 #
2022/2200(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reaffirms the significance of reconciliation in BiH and calls on all authorities to actively promote and ensure access to truth, justice and non-selective reparations; welcomes local level initiatives commemorating civilian war victims, the completion of the monument to civilian victims in the Brcko District, and the decision by the OHR to amend the Law on the Center for the Srebrenica- Potočari Memorial and Cemetery for the Victims of the 1995 Genocide, in order to facilitate the work of the Memorial Center;
Amendment 231 #
2022/2200(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Expresses its solidarity with all survivors of war crimes, crimes against humanity, ethnic cleansing, genocide, displacement, disappearances, killings, torture, and sexual assault, and their families; deplores all historical revisionism, including genocide denial, the glorification of war crimes and war criminals, and the contestation of established facts and tribunals, notably by political leaders, as well as vandalism of memorial sites; underlines that such acts and rhetoric are fully unacceptable and contrary to the values of the European project; calls for effective prosecution of such cases;
Amendment 235 #
2022/2200(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes the ongoing reduction in the backlog of war crimes cases, but regrets that the pace remains slow; notes persisting limitations in regional judicial cooperation in this regard; calls on the BiH Prosecutor’s office to strengthen efforts to process the most complex cases and improve the quality of investigations and indictments; urges authorities to provide adequate protection and support services to survivors participating in judicial proceedings;
Amendment 241 #
2022/2200(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for further efforts on the issue of missing persons and encourages authorities across the region to intensify cooperation and information sharing;
Amendment 249 #
2022/2200(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes BiH’s continued active participation in regional cooperation; welcomes the recent agreements in the context of the Berlin Procesunderlines the importance of inclusive initiatives like the Common Regional Market; welcomes the recent agreements in the context of the Berlin Process on the Freedom of Movement with Identity Cards, on the Recognition of Higher Education Qualifications, and on the Recognition of Professional Qualifications for Doctors of Medicine, Dentists and Architects;
Amendment 252 #
2022/2200(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises the vital role of independent media for conveying accurate, timely and transparent information; condemns attacks on and threats and intimidation against journalists and media workers, including by politicians and public figures; insists on appropriate judicial follow-up and the protection of journalists; , notably the recent attacks on journalists Aleksandar Trifunović and Nikola Morača, as well as strategic lawsuits against public participation (SLAPP); insists on appropriate judicial follow-up and the protection of journalists; is deeply concerned by the introduction of amendments to the Republika Srpska criminal code reintroducing criminal penalties for defamation; urges the Republika Srpska entity to withdraw the amendments and to ensure full protection of freedom of expression and of the media;
Amendment 266 #
2022/2200(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Deplores discrimination, segregation, violence and hate speech against women, minorities, including ethnic minorities, LGBTI persons, people with disabilities, refugees and displaced persons and urges effective prosecution of such cases without delay; calls on BiH to safeguard and promote the countrywide rights of all minorities; recalls the need to strengthen the independence and effectiveness of the Human Rights Ombudsman; calls for the effective application of anti-discrimination and human rights policies; strongly condemns the attack on two returnees in Visegrad and calls on the authorities to effectively prosecute those responsible; condemns the incidents in Banja Luka during the marking of the International Women’s Day;
Amendment 278 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Welcomes the adoption of the LGBTI Action Plan for Bosnia and Herzegovina 2021-2024; denounces the banning of a public gathering in Banja Luka in solidarity to activists, journalists, and LGBTI people; strongly condemns the subsequent violent attacks and pressure on journalists and activists in Banja Luka; further condemns the RS leadership’s plans to introduce a new law banning LGBTI persons from education institutions;
Amendment 287 #
2022/2200(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Strongly condemns increasing femicide and urges institutions at all levels to enhance efforts in preventing violence against women and improve the responses to gender-based violence, including support services for victims; reiterates that BiH should accelerate the prosecution of sexual violence crimes, providing reparation to women victims of war crimes, and securing witness protection; notes the underrepresentation of women in politics, public life and high ranks of security services;
Amendment 307 #
2022/2200(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Underscores the importance of non-discriminatory, inclusive and quality education for all; reiterates its call for an urgent end to the ongoing discriminatory practice of ‘two schools under one roof’, in line with court rulings; strongly recommends embedding reconciliation into the education process;
Amendment 316 #
2022/2200(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recognises the key role of civil society in improving the resilience of democratic societies; calls on the authorities to foster a conducive environment for their work; calls for the protection and promotion of the freedom of assembly and of expression to be enhanced and to systematically condemn and prosecute all threats, harassment and attacks against human rights defenders; calls for the protection and promotion of the freedom of assembly and of expression to be enhanced; expresses concern over the decision of the RS government to adopt a Draft Law on NGOs, limiting the space and activity of civil society, as well as the work of its organizations;
Amendment 339 #
2022/2200(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Reiterates the need for solidarity- based migration and asylum management and a fair distribution of reception capacities across the country; recognises continued efforts to improve coordination on the local and international level; welcomes the opening of negotiations on BiH’s upgraded status agreement with the European Border and Coast Guard Agency; regrets persisting shortcomings in migration and border management; calls on BiH to fully align with the EU’s visa policy (Frontex) and calls for their timely conclusion, in order to facilitate better protection and management of its borders; regrets persisting shortcomings in migration and border management despite significant EU financial support to BiH since 2007; calls on BiH to fully align with the EU’s visa policy, to ensure a well- managed migration and security environment;
Amendment 342 #
2022/2200(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Welcomes the adoption of the Migration and Asylum Strategy for the period 2021-2025 and calls on BiH to swiftly adopt the related action plan; underscores the need to improve training and capacities of the Border Police and takes note of a EUR 5 million IPA III fund allocation in 2022 for this purpose by the European Commission;
Amendment 343 #
2022/2200(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the adoption of a strategy for public financial management reform strategy and calls for its thorough implementationby all levels of government and calls for its thorough implementation; urges authorities to establish effective internal control systems, as well as budget transparency and sustainable budgetary measures for state institutions; welcomes the improvement in BiH’s sovereign credit outlook, following the timely formation of a new state-level government and the granting of candidate status;
Amendment 345 #
2022/2200(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Welcomes the adoption of the Draft Law on Budget, the Framework Budget Document for the period 2023- 2025 and the adoption of the Program of Economic Reforms for 2023-2025; recognises the positive resumption of state-level decision-making;
Amendment 346 #
2022/2200(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Urges BiH to prioritise measures aimed at improving competitiveness and the business environment, boosting economic diversification and tax harmonisationbringing legislation in the area of VAT and excise duties in line with those of the EU, promoting the digital and green transitions, addressing the large informal economy and tackling unemployment, particularly of young people, women and people in vulnerable situations; calls for putting in place an adequate institutional and regulatory framework, including supervisory institutions, for a better and de-politicised governance in the public sector;
Amendment 357 #
2022/2200(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Welcomes BiH’s association to Horizon Europe and adoption of the Creative Europe 2021-2027 programme;
Amendment 358 #
2022/2200(INI)
Motion for a resolution
Paragraph 34 b (new)
Paragraph 34 b (new)
34 b. Welcomes the EU Support to Health Sector Reform in Bosnia and Herzegovina, worth EUR 10 million, and the European Union’s support for strengthening the health sector of Bosnia and Herzegovina via the “EU4Health” project;
Amendment 359 #
2022/2200(INI)
Motion for a resolution
Paragraph 34 c (new)
Paragraph 34 c (new)
34 c. Welcomes BiH’s full membership of the EU Civil Protection Mechanism (UCPM); commends BiH’s authorities and citizens for their prompt support to the people of Turkey and Syria following the earthquake of 6 February 2023;
Amendment 362 #
2022/2200(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Welcomes the Commission’s energy support package of EUR 1 billion for the Western Balkans; recommends strengthening BiH’s integration into the European energy market, out of which BiH will receive EUR 70 million in immediate budgetary support, providing assistance to its most vulnerable households to mitigate the effects of rising prices and support the energy transition; recommends strengthening BiH’s integration into the European energy market, notably in light of the need to reduce energy dependency on Russia, following the launch of its full- scale invasion and war of aggression against Ukraine; welcomes the Global Gateway initiative for a Trans-Balkan Electricity corridor and calls for its swift implementation;
Amendment 364 #
2022/2200(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Urges BiH to finalise and adopt the national energy and climate plan; calls on for 2021- 2030; reiterates the need for it to adopt the necessary legislation on gas, electricity, renewable energy and energy efficiency, and to ensure the full harmonisation of laws for a functional energy marketin line with the Energy Community Treaty and the Green Agenda for the Western Balkans, as well as to ensure the full harmonisation of laws for a functional energy market; stresses the importance of swiftly enhancing diversification of energy sources and redirecting from heavy dependence on coal to renewables, in line with the country’s commitments to decarbonisation;
Amendment 370 #
2022/2200(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Welcomes the choice of Sarajevo to participate in the EU Mission for 100 climate-neutral and smart cities by 2030, which will receive EUR 360 million of Horizon Europe funding covering the period 2022-2023, to incentivise research and innovation actions that address clean mobility, energy efficiency and green urban planning;
Amendment 373 #
2022/2200(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36 b. Urges authorities to consistently prepare and align the provisions of environmental impact assessments and strategic environmental assessments in legislation at all levels and improve the public consultation processes;
Amendment 375 #
2022/2200(INI)
Motion for a resolution
Paragraph 36 c (new)
Paragraph 36 c (new)
36 c. Welcomes the Joint EU-Western Balkans Declaration on Roaming and steps taken to reduce roaming prices between the Western Balkans and the EU, with a view to achieve a substantial reduction of roaming charges for data on 1 October 2023 and further reductions leading to prices close to the domestic prices by 2027;
Amendment 377 #
2022/2200(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls on BiH authorities to accelerate itsthe implementation of projects under the Economic and Investment Plan for the Western Balkans and the Green Agenda to unlock the full potential towards the green and digital transition; underlines that the green and digital transitions and sustainable connectivity represent a driving factor for regional economic integration and integration with the EU;
Amendment 382 #
2022/2200(INI)
Motion for a resolution
Paragraph 37 b (new)
Paragraph 37 b (new)
37 b. Notes that additional efforts by BiH are needed to further align with and effectively implement the EU acquis in all areas in transport; recalls the need for connectivity reform measures and alignment with the Trans-European Transport Network (TEN-T) and Trans- European Networks for Energy (TEN-E); welcomes the opening of Tunnel Ivan and the Tarčin – Ivan subsection of the Corridor 5c motorway, the largest and most significant infrastructure project in the country that will improve economic exchange and connectivity in the Western Balkans region country;
Amendment 387 #
2022/2200(INI)
Motion for a resolution
Paragraph 37 c (new)
Paragraph 37 c (new)
37 c. Expresses concern over plastic, metal and other waste material pollution in rivers; is strongly alarmed by the pollution and floating waste dump in the Drina river; notes that waste is one of the country’s main environmental challenges and urges BiH authorities to considerably improve waste management, including by adopting a countrywide strategy with a particular attention to resource efficiency and circular economy measures; underlines the importance of developing a sustainable waste policy;
Amendment 388 #
2022/2200(INI)
Motion for a resolution
Paragraph 37 d (new)
Paragraph 37 d (new)
37 d. Expresses concern at the alarming levels of air pollution in Sarajevo and other heavily polluted cities, and calls on the authorities to urgently implement targeted measures for air quality monitoring and improvement; emphasises the need to swiftly step up efforts in aligning with the EU acquis on air quality and enhancing environmental standards; welcomes, in this context, the Council of Ministers’ adoption of an initiative aiming to reduce the emission of air pollutants and greenhouse gases in the heating sectors of residential buildings and traffic;
Amendment 30 #
2022/2143(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, as a legal community, the EU is dependent on the effective and uniform application of its law by the Member States’ and the Union’s courts; whereas such effectiveness and uniformity can only be ensured if EU law takes precedence over national law; whereas the principle of primacy therefore constitutes a cornerstone of the EU’s legal order, which is essential for the EU’s functioning;
Amendment 33 #
2022/2143(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the primacy of EU law is intrinsically linked to the principle of equality before the law, as it guarantees equal protection of the rights conferred by EU law to all EU citizens;
Amendment 44 #
2022/2143(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 50 #
2022/2143(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the continuous dialogue between the Court of Justice of the European Union and national supreme and constitutional courts regarding the interpretation of this principle results from tensions between the EU and national legal orders, namely regarding the division of competences between the two constitutional spheres and who has the ultimate authority to define whether something falls under the scope of powers conferred by the Member States to the EU;
Amendment 71 #
2022/2143(INI)
Motion for a resolution
Recital F
Recital F
F. whereas several national constitutional courts have nevertheless defended the existence of certain limits to the principle of primacy related to Articles 4(2) and 5 TEU; whereas these reservations mostly concern respect for EU competences and the national constitutional identity;
Amendment 79 #
2022/2143(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the principle of primacy does not imply a hierarchy between the legal orders of the EU and the Member States, but rather requires that, in the event of conflicting provisions of EU and national law, national courts must disapply those national provisions, EU law prevails and that national courts must interpret their national law in conformity with EU law; whereas a conflict between domestic law and EU legislation can finally be solved either by amending the domestic law or the respective EU law;
Amendment 142 #
2022/2143(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that it is up to the CJEU, given its exclusive competence to provide the definitive interpretation of EU law, to define the scope of the principle of primacy; notes that such a definition cannot, therefore, be left tounderlines that the application of Articles 4(2) and 5 TEU requires an active dialogue between the national courts onand the basis of their interpretation of EU lawCJEU; notes that the definition of the principle orf provisions of national lawimacy cannot, therefore, be left to the CJEU or national courts alone;
Amendment 157 #
2022/2143(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that a constructive dialogue between national constitutional courts and the CJEU is beneficial to the development of EU law as it can serve as a way of solving tensions between the European and national legal orders regarding the division of competences; stresses that such dialogue should be constructive and does not legitimise any disrespect for the decisions of the CJEU;
Amendment 181 #
2022/2143(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is of the opinion that the preliminary reference procedure constitutes a way to engage in a constructive judicial dialogue; emphasises that, since it ensures the uniform interpretation of EU law, it is a prerequisite for the consistency and autonomy of the EU’s legal order; recalls that, in certain cases, the CJEU has shown a willingness to change its reasoning in a second preliminary ruling requested by the same national constitutional court that had initiated the first preliminary reference, which demonstrates that this procedure provides for an effective dialogue between courts; considers that the escalation of conflicts by national constitutional or supreme courts might testify to a lack of investment in dialogue with the CJEU in the course of the proceedings;
Amendment 217 #
2022/2143(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages the Commission to initiate infringement procedures under Article 258 TFEU where appropriate, in response to judgments of national constitutional courts that challenge the principle of primacy; underlines that such procedures provide the opportunity for supreme courts to engage in a judicial dialogue; stresses also the need to make clear to other national constitutional courts that there are consequences for failing to respect the principle of primacy;
Amendment 221 #
2022/2143(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 251 #
2022/2143(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recommends nevertheless that, in the event of a revision of the Treaties, the principle of primacy be codified; recalls that the precedence of EU law was explicitly laid down in the Constitutional Treaty; regrets the fact that this primacy clause was not included in the Treaty of Lisbon; underlines the legal effect of Declaration No 17 annexed to the Treaty of Lisbon, concerning primacy and its interpretation by the signatory states;
Amendment 3 #
2022/2051(INL)
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 #
2022/2051(INL)
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 #
2022/2051(INL)
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 #
2022/2051(INL)
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 #
2022/2051(INL)
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 #
2022/2051(INL)
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 #
2022/2051(INL)
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 #
2022/2051(INL)
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 #
2022/2051(INL)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 60 #
2022/2051(INL)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 65 #
2022/2051(INL)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 67 #
2022/2051(INL)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 70 #
2022/2051(INL)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 77 #
2022/2051(INL)
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 #
2022/2051(INL)
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 #
2022/2051(INL)
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 #
2022/2051(INL)
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 #
2022/2051(INL)
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 #
Amendment 111 #
2022/2051(INL)
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 #
2022/2051(INL)
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 #
2022/2051(INL)
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 #
2022/2051(INL)
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 268 #
2022/2051(INL)
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 #
2022/2051(INL)
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 271 #
2022/2051(INL)
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 #
2022/2051(INL)
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 279 #
2022/2051(INL)
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 #
2022/2051(INL)
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 282 #
2022/2051(INL)
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 #
2022/2051(INL)
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 287 #
2022/2051(INL)
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 #
2022/2051(INL)
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 296 #
2022/2051(INL)
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 #
2022/2051(INL)
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 303 #
2022/2051(INL)
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 #
2022/2051(INL)
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 306 #
2022/2051(INL)
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 #
2022/2051(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 309 #
2022/2051(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 316 #
2022/2051(INL)
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 316 #
2022/2051(INL)
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 #
2022/2051(INL)
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 322 #
2022/2051(INL)
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 #
2022/2051(INL)
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 333 #
2022/2051(INL)
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 #
2022/2051(INL)
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 347 #
2022/2051(INL)
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 #
2022/2051(INL)
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 349 #
2022/2051(INL)
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 #
2022/2051(INL)
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 358 #
2022/2051(INL)
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 #
2022/2051(INL)
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 371 #
2022/2051(INL)
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 #
2022/2051(INL)
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 378 #
2022/2051(INL)
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 #
2022/2051(INL)
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 388 #
2022/2051(INL)
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 #
2022/2051(INL)
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 414 #
2022/2051(INL)
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 #
2022/2051(INL)
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 432 #
2022/2051(INL)
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 #
2022/2051(INL)
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 444 #
2022/2051(INL)
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 #
2022/2051(INL)
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 450 #
2022/2051(INL)
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 #
2022/2051(INL)
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 453 #
2022/2051(INL)
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 #
2022/2051(INL)
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 465 #
2022/2051(INL)
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 #
2022/2051(INL)
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 470 #
2022/2051(INL)
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 #
2022/2051(INL)
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 494 #
2022/2051(INL)
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 #
2022/2051(INL)
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 496 #
2022/2051(INL)
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 #
2022/2051(INL)
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 503 #
2022/2051(INL)
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 #
2022/2051(INL)
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 536 #
2022/2051(INL)
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 #
2022/2051(INL)
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 542 #
2022/2051(INL)
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 #
2022/2051(INL)
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.
Amendment 543 #
2022/2051(INL)
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.
Amendment 17 #
2022/0903(NLE)
Article 2 – paragraph 3
Amendment 2 #
2021/2245(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to the meeting of the EU-BiH Stabilization and Association Committee held on 17 June 2021,
Amendment 3 #
2021/2245(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the European Court of Auditors Special Report of 10 January 2022 entitled ‘EU support for the rule of law in the Western Balkans: despite efforts, fundamental problems persist’,
Amendment 12 #
2021/2245(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the Commission communication of 29 April 2020 entitled ‘Support to the Western Balkans in tackling COVID-19 and the post- pandemic recovery’,
Amendment 13 #
2021/2245(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
— having regard to the Sofia declaration of the EU-Western Balkans summit of 17 May 2018 and the Sofia Declaration, annexed thereto,
Amendment 28 #
2021/2245(INI)
Motion for a resolution
Recital A
Recital A
A. whereas BiH citizens aspire towards Euro-Atlantic integration for sustainable peace, democracy and prosperity; whereas EU accession requires the engagement of all BiH political leaders, authorities, institutions and office holders;
Amendment 31 #
2021/2245(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU is the biggest trade and investment partner of BiH and its largest provider of financial assistance, notably through the Instrument for Pre- accession Assistance (IPA III);
Amendment 34 #
2021/2245(INI)
Motion for a resolution
Recital C
Recital C
C. whereas BiHosnia and Herzegovina’s progress on its EU accession path depends on the implementation offulfilling the 14 key priorities set out in the Commission’s o Opinion on BiH’its EU membership application, and whereas EU assistance should address the persistent lack of progress in that regard;
Amendment 38 #
2021/2245(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the legacy of the Dayton Peace Agreement must be upheld;
Amendment 39 #
2021/2245(INI)
Motion for a resolution
Recital D
Recital D
D. whereas since 2004 the European Union maintains a military operation in Bosnia and Herzegovina – EUFOR Althea – tasked with the executive mandate of the UN Security Council to support the authorities in maintaining a safe and secure environment; whereas the international High Representative and its office (OHR) remains tasked under Annex 10 to the Dayton Peace Agreement to oversee the implementation of the civilian aspects of the peace accords until completion of the 5+2 agenda set out in 2008; whereas the Office of the High Representative (OHR) and EUFOR Althea are integral in preserving peace;
Amendment 49 #
2021/2245(INI)
Motion for a resolution
Recital E
Recital E
E. whereas all BiH citizens should enjoy equal rights and obligations under the European Convention on Human Rights and Fundamental Freedoms throughout BiH territory; whereas the country has committed to international obligations to end systematic ethnicity and residence-based discrimination and ensure citizens’ equality before the law;
Amendment 51 #
2021/2245(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas BiH is yet to implement a multitude of judgments of the European Court of Human Rights in favour of discriminated Bosnian citizens, enabling all BiH citizens to effectively exercise their basic civil and political rights;
Amendment 52 #
2021/2245(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas constitutional and electoral changes should enhance BiH’s standing as a multi-ethnic, inclusive and democratic state and remove discrimination and corruption from the electoral system;
Amendment 53 #
2021/2245(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
E c. whereas the legal framework of BiH must be revised in light of international jurisprudence;
Amendment 54 #
2021/2245(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
E d. whereas BiH's transition from the Dayton to the EU framework is a prerequisite to preserve the country's sovereignty and sustain its democratic transformation;
Amendment 59 #
2021/2245(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas malign foreign direct and proxy interference and disinformation aim to sow discord among different communities and to destabilise the region, especially in light of the Russian invasion of Ukraine;
Amendment 83 #
2021/2245(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that enforcement of the Dayton Peace Agreement includes the obligation to implement OHRthe High Representative's decisions;
Amendment 86 #
2021/2245(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Takes note of the decision by the High Representative to suspend the Law on Immovable Property; condemns in the strongest possible terms all hate rhetoric and threats of violence aimed at the HR, namely those espoused at a rally in Banja Luka on 20 April; calls on authorities to prevent and prosecute those espousing the threats;
Amendment 94 #
2021/2245(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the impasse in negotiations on constitutional and electoral law reform in BiH and the lack of political will to overcome it; calls on all actors to promptly reach a balanced agreement, in line with European standards that would eliminate all forms of inequality and discrimination, to fulfil the constitutional duty of democratic governance and to ensure the transparency and integrity of the electoral process;
Amendment 108 #
2021/2245(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Strongly denounces the disregard for international and national norms and obligations, all hate rhetoric and disruptive action, including withdrawal from, blockage, boycott and obstruction of State institutions, particularly by the leadership of the Republika Srpska entity (RS), which destabilises the country, undermines its statehood in violation of the Constitution and the Dayton Peace Agreement and, systematically hampers decisions on key laws and reforms and jeopardises the country’s political commitment to the EU path; rejects all attempts to form parallel parastatal institutions, which undermine sState institutions, legal order, judicial independence and sovereignty; calls for a full, non-selective and unconditional return to all sState institutions;
Amendment 111 #
2021/2245(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Condemns the 10 December 2021 conclusions of the Republika Srpska entity National Assembly (RSNA) on the withdrawal from State-level institutions, the passing of the Law on Immovable Property Used for the Functioning of Public Authority, adopted by the RSNA on 10 February 2022, and the National Assembly’s vote establishing a separate High Judicial and Prosecutorial Council;
Amendment 120 #
2021/2245(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls forupon the EU, its Member States and the international community to follow the example set by the United States and the United Kingdom and use all available tools, includingnamely targeted sanctions, against destabilising actors in the country, including those threatening the territorial order of Bosnia and Herzegovina;
Amendment 127 #
2021/2245(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Expresses its solidarity with the survivors and families of victims of war crimes and crimes against humanity, displacement, disappearances, killings, torture, sexual assault, genocide and ethnic cleansing;
Amendment 133 #
2021/2245(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that the EU future of BiH depends on sustainable peace and genuine reconciliation, warranting its democratic, inclusive and multi-ethnic character; stresses that the persistent challenges in the reconciliation process should be addressed more vigorously; urges BiH to expedite effective and impartial prosecution of war crimes under the revised national war crimes processing strategy; calls on all regional political leaders to set up the relevant commission (RECOM)Regional Commission tasked with establishing facts about all victims of war crimes and other human rights violations committed on the territory of the former Yugoslavia (RECOM), building upon the significant work carried out by the Coalition for RECOM;
Amendment 145 #
2021/2245(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the amendments to the BiH Criminal Code enacted by the High Representative outlawing the glorification of war criminals and the denial of genocide, crimes against humanity and war crimes; deplores any attempt not to implement this decision; strongly condemns all forms of historical revisionism, denial, or minimisation or glorification of war crimes including non- compliance with decisions of international and domestic tribunals;
Amendment 146 #
2021/2245(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on all authorities to abide by their international human rights obligations to promote reconciliation by ensuring access to truth, justice and effective and non-selective reparations, including to survivors of sexual violence, as well as by adopting measures to prevent recurrence through education, culture, human rights protection and institutional vetting, ensuring that perpetrators of war crimes are precluded from holding public offices;
Amendment 151 #
2021/2245(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges BiH’s political actors to make progress on reforms that are needed to bring the country closer to the EU; denounces all attempts to stall these reforms, thus slowing BiH’s compliance with the EU accession criteria and endangering access to EU funding under IPA III, which must be based on strict conditionality and depends on the cooperation of different authorities; recalls that 600 million euros intended for financing projects on Corridor 5c in Republika Srpska will be allocated only after representatives of the RS completely return to the BiH institutions, and that the German government has decided to suspend four infrastructure projects in the same entity, worth a total of 105 million euros;
Amendment 158 #
2021/2245(INI)
11 a. Welcomes the meeting of the Stabilisation and Association Parliamentary Committee on 17 June 2021 in Brussels and the adoption of its rules of procedure; underlines the importance of ensuring the functioning of the SAPC, notably through the adoption of recommendations by the joint body;
Amendment 159 #
2021/2245(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Welcomes the adoption of the Rules of Procedure governing the meetings of the Stabilisation and Association Parliamentary Committee, after a stalemate of almost six years; urges an inclusive political dialogue to ensure regular cooperation in this joint EU-BiH parliamentary body;
Amendment 166 #
2021/2245(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the importance of holding elections this year as planned; in 2022, as planned in the electoral calendar; calls on the Council of Ministers to approve the provision of the necessary and appropriate funds for the organization of the elections; calls, furthermore, for Parliamentary approval of election integrity legislation; urges all parties and political actors to take part in the electoral process, allowing citizens to express their democratic choice;
Amendment 178 #
2021/2245(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports transparent and inclusive constitutional and electoral reforms to ensure equality and non-discrimination of all citizens, enhance accountability and transform BiH into a fully functional and inclusive state by immediately implementing rulings, opinions and recommendations of competent courts and international bodies, inter alia the Office for Democratic Institutions and Human Rights of the Organisation for Security and Cooperation in Europe (OSCE/ODIHR), the Venice Commission and the Council of Europe’s Group of States against Corruption (GRECO)’s recommendations, as well as rulings of the European Court of Human Rights (ECHR); stresses that by not implementing these rulings, namely in the Sejdić-Finci, Zornić, Pilav and Šlaku cases, BiH remains in breach of the European Convention on Human Rights; supports transatlantic facilitation efforts to this end;
Amendment 179 #
2021/2245(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses that inclusive electoral reform should eliminate all forms of inequality, discrimination, and bias in the electoral process, safeguarding integrity, transparency, and efficiency of the electoral process and put in place conditions for competitive elections; recalls that this should be done by harmonising rules on party registration, ensuring transparency of political party financing and the independence and capacities of election commissions;
Amendment 186 #
Amendment 187 #
2021/2245(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the need to enhance internal and regional economic harmonisation and connectivity; calls for country-wide sector strategies, improvements to strategic planning, financial management, monitoring and evaluation, and the creation of control and audit structure, reduce fragmentation and enhance the Common Regional Market for deepening integration across the Western Balkans;
Amendment 191 #
2021/2245(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Encourages using the potential offered by digitalisation for modernising administrative, electoral, judicial, fiscal and economic processes, which would help address fragmentation, red-tape, the informal economy, customs and tax evasion, money laundering, the abuse of power through networks of political patronage and influence of political- criminal networks, while increasing competitiveness of SMEs;
Amendment 192 #
2021/2245(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls upon authorities to adopt country-wide sector strategies, improvements to strategic planning, financial management, monitoring and evaluation, and the creation of control and audit structures;
Amendment 193 #
2021/2245(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Underlines the urgent need to ensure accountability and transparency of the economy and to shield state and private enterprises from patronage networks;
Amendment 195 #
2021/2245(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15 d. Stresses the importance of a coordinated country-wide strategic response to the COVID-19 pandemic, helping increase one of the lowest vaccination rates in Europe;
Amendment 196 #
2021/2245(INI)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15 e. Welcomes the removed roaming charges between the six Western Balkan states; urges all relevant parties to negotiate a plan that would lead to the elimination of roaming charges between the six Western Balkan states and the EU Member States;
Amendment 206 #
2021/2245(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls the need forto adopt laws on gas and electricity, renewables, energy efficiency and climate, and to step up environmental and nature protectionleading to sustainable socio-economic transition from coal and mitigation of energy poverty, and to step up environmental and nature protection through the harmonisation of environmental laws and adopting an environmental protection strategy, in line with the European Green Deal’s zero emissions target for 2050 and the Green Agenda for the Western Balkans;;
Amendment 214 #
2021/2245(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recommends focusing public investment on sustainable projects advancing social market economy, facilitating the green and digital transitions and reducing severe air pollution, making full use of the Economic and Investment Plan for the Western Balkans;
Amendment 217 #
2021/2245(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Underlines that the rule of law and judicial reforms are the backbone of a democratic transformation, ensuring legal certainty, transparency, access to justice and non-discrimination;
Amendment 219 #
2021/2245(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for urgent action to tackle widespread selective justice, state capture, nepotism, cronyism, high-level corruption and criminal infiltration; reiterates the urgent need for judicial reform across BiH to improve the professionalism and integrity of the judiciary, including through the long overdue legislative updates governing judicial integrity, asset verifications, conflict of interest, public procurement, access to information, witness protection and the restructuring of state owned enterprises; reiterates the urgent need for judicial reform across BiH to improve the professionalism, integrity, accountability and impartiality of the judiciary, ensure its independence from undue influence, and resolve the large backlog of cases pending trial; deplores the obstruction of such reform by political and judicial office holders; in this regard, urges the authorities to adopt a new justice sector reform strategy and action plan, as well as the new law on the High Judicial and Prosecutorial Council and the new law on the Courts of Bosnia and Herzegovina, in line with European standards;
Amendment 232 #
2021/2245(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges BiH to strengthen and adequately fund anti-corruption structures, covering conflicts of interests and lobbying; recalls the need of unhindered investigations against illicit enrichment of public officials; underlines the importance of addressing GRECO’s recommendations in order to ensure detection and accountability;
Amendment 234 #
2021/2245(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the dangers posed by poor cooperation of BiH’s law enforcement agencies and their failure to effectively collaborate with Europol, Eurojust and the European Public Prosecutor’s Office; welcomes bilateral efforts supported by Europol and Eurojust aimed at dismantling people smuggling networks; encourages establishing a firearms focal point;
Amendment 244 #
2021/2245(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Deplores the continuing failure to safeguard media freedom and pluralism; insists on eliminating political interference and protecting journalists from intimidation with systematic judicial follow-up; expresses its concern about the financial sustainability and political independence of public broadcasters, notably of the Bosnia and Herzegovina national public broadcaster (BHRT); urges authorities to take action to identify a sustainable solution for BHRT’s funding problems and prevent its closure;
Amendment 261 #
2021/2245(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to refocus IPA III support to in-country democratic forces, institutions and procedures, fostering an environment for functioning pluralism, independent civil society, media and market economy;
Amendment 264 #
2021/2245(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the need to safeguard the rights of minorities and inclusion of vulnerable populationreligious and ethnic minorities, including the Roma, and the social inclusion of vulnerable populations, including people with disabilities; calls for stronger country-wide human rights and anti- discrimination strategies, as well as measures against interfaith and interethnic intolerance; urges the prevention and proactive prosecution of hate crimes, hate speech and disinformation as well as gender-based and sexual violence;
Amendment 280 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Welcomes the peaceful organisation on 14 August 2021 of the second Sarajevo Pride and recalls the need to improve the inclusion of LGBTIQ+ people;
Amendment 293 #
2021/2245(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Underlines that educational reform is a fundamental pillar for creating a prosperous and inclusive pluralistic society, free from all forms of segregation and marginalisation and enjoying its political freedoms; reiterates that the work on the reconciliation process must focus on the country’s youth and start at an early age, embedding reconciliation into the education process;
Amendment 309 #
2021/2245(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Deplores the failure of authorities to address the severe migration-related humanitarian crisis during the winter 2020-2021; welcomes that the situation has improved since then, with the authorities taking increasing responsibility in managing migration; recalls the need for solidarity-based solutions on migration and asylum, ensuring adequate humanitarian assistance and appropriate reception capacities across the country; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); welcomes the opening of the EU-funded reception centre in Lipa;
Amendment 314 #
2021/2245(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Expresses its concern about the dangers of political destabilization in BiH and the Western Balkans region following the Russian invasion of Ukraine; calls, therefore, on BiH to strengthen good neighbourly relations; calls, likewise, on leaders of the region to promote stability and de-escalation, avoiding uncalled for and inflammatory remarks;
Amendment 316 #
2021/2245(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Urges BiH to reverse the trend of regression onWelcomes BiH’s increasing alignment rate with the EU’s common foreign and security policy, particularly with regard to implementing sanctions against Russia and Belarus following the invasion of Ukraine; calls on BiH to strengthen good neighbourly relationsin votes condemning the Russian invasion of Ukraine; regrets, however, the failure by political actors to agree on implementing sanctions; calls, therefore, for BiH to abide by its international commitments and ensure that its national policies conform to the relevant Council Decisions on restrictive measures related to the Russian invasion of Ukraine;
Amendment 320 #
2021/2245(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Takes note that the implementation of the Bosnia and Herzegovina’s 2018-2023 foreign policy strategy, which includes full membership of the EU, activation of the NATO Membership Action Plan, fight against terrorism, cooperation at egional level, and bilateral and multilateral cooperation, has been affected by frequent divergent positions; urges authorities to step up its implementation;
Amendment 322 #
2021/2245(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Welcomes the decisions by the Council of Ministers to facilitate the entry and extend the length of stay for Ukrainian refugees;
Amendment 323 #
2021/2245(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27 c. Is deeply concerned about the spread of disinformation about the Russian aggression against Ukraine; calls on the authorities to take actions, in coordination with the EU, to fight disinformation and other hybrid threats;
Amendment 331 #
2021/2245(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls for the EU to consider the impact of an eventual granting of candidate country status to Ukraine on Bosnia and Herzegovina’s own path towards EU accession;
Amendment 333 #
2021/2245(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28 b. Welcomes the statements of 4 March and 24 March 2022 by NATO’s Secretary-General on the need to further support BiH, including by upholding its sovereignty and strengthening its resilience;
Amendment 334 #
2021/2245(INI)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28 c. Expresses its concern about the effects of the war in Ukraine on BiH, namely relating to inflation, energy supply, fuel prices, and food security;
Amendment 342 #
2021/2245(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the recent reinforcement of EUFOR Althea by the deployment of approximately 500 personnel from EUFOR Althea’s reserves stationed outside of BiH, as a precautionary measure, and the support under the European Peace Facility to strengthen the ademining battalion of the Armed fForces of BiH; osnia and Herzegovina; stresses the imperative need to extend the mandate of EUFOR Althea in November 2022 and underlines the paramount importance of having alternative solutions ready in the event of non-extension; calls, therefore, for the EU and its international partners to develop adequate alternatives so as to maintain a peace-enforcement mechanism in Bosnia and Herzegovina should the Operation’s UN Security Council mandate not be extended.
Amendment 17 #
2021/2229(INL)
Recital E
E. whereas the determination of the number of seats of a potential Union-wide constituency falls within the remit of the European Council decision on the composition of the European Parliament based on Article 14(2) TEU, while the provisions necessary for its establishment are based on Article 223(1) of the Treaty on the Functioning of the European Union and require changing the Act concerning the election of the members of the European Parliament by direct universal suffrage ;
Amendment 21 #
2021/2229(INL)
Paragraph 1
1. Notes that the current allocation of seats in the European Parliament as established in European Council Decision 2018/937/EU only applies to the 2019- 2024 parliamentary term; stresses, therefore, that a new decision on the composition of the European Parliament for the 2024-2029 parliamentary term is required without delay;
Amendment 23 #
2021/2229(INL)
Paragraph 2
2. Acknowledges that the current allocation of seats in the European Parliament breaches the principle of degressive proportionality in six instances, and therefore mustshould be corrected in a new allocation to be applied as of the next European elections in 2024;
Amendment 30 #
2021/2229(INL)
Paragraph 4
4. Stresses that the proposed allocation of seats should include a reserve of 28 additional seats for members elected in an Union-wide constituency in line with Parliament’s proposal on the Electoral Law as adopted on 3 May 2022; however, points out that, in line with that proposal, those seats canshall only be taken upeffectively established after the elections following the entry into force of a revised Electoral Law including the necessary provisions for the Union-wide constituency;
Amendment 35 #
2021/2229(INL)
Paragraph 5
5. Underlines that a, whilst mathematical formulas displays great potential for providing in the future a permanent system tofor the allocate theion of seats ofin the European Parliament in an objective, fair, durable and transparent way; Considers that such a permanent system needs further deliberation and should be introduced well in advance of elections of the European Parliamentfuture, it is politically unviable for Parliament to suggest a permanent system at this stage;
Amendment 41 #
2021/2229(INL)
Paragraph 6
6. Adopts and submits to the European Council the annexed proposal for a decision of the European Council establishing the composition of the European Parliament, on the basis of its right of initiative laid down in Article 14(2) TEU; reminds that the Parliament will need to give its consent to the decision, therefore requests to be immediately informed if and how the European Council intends to deviate from the submitted proposal; underlines the urgent need to adopt the decision so that the Member States can enact, in good time, the necessary domestic provisions to enable them to organise the elections to the European Parliament for the 2024-2029 parliamentary term; commits therefore in the spirit of mutual sincere cooperation, to proceed swiftly with the consent procedure;
Amendment 45 #
2021/2229(INL)
Annex to the motion for a legislative resolution
Recital 4
Amendment 60 #
2021/2229(INL)
Annex to the motion for a legislative resolution
Article 3 – paragraph 2
resolution 2. In addition, to the number of Members of the European Parliament elected in each Member State, set in Article 3(1), and subject to the entry into force of Council Regulation (xx/yy) on the election of the members of the European Parliament by direct universal suffrage, repealing Council Decision (76/787/ECSC, EEC, Euratom) and the Act concerning the election of the members of the European Parliament by direct universal suffrage annexed to that Decision, in the first elections following that event providing for a Union-wide constituency, 28 representatives in the European Parliament are elected in a Union-wide constituency in the first elections following that event, as provided for in that Regulation.
Amendment 6 #
2021/2180(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes Commission’s Annual Rule of Law Report as a positive addition to the EU’s toolbox to promote improvements as well as to prevent and address rule of law issues in Member States, and recalls that the Commission’s report was a commitment made by President Von Der Leyen in her political guidelines for the 2019-2024 Commission, ahead of her election;
Amendment 12 #
2021/2180(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that public debate about the report is central to the annual rule of law cycle and therefore that the time of its publication is keyrelevant; regrets therefore the publication of the 2021 report just before parliamentary recess in mid-July; calls on the Commission to instate an annual EU Values Week each September, in which the report is presented to the European Parliament and national parliaments at the same time as the Justice Scoreboard, the Fundamental Rights Report, and the Media Pluralism Monitor;
Amendment 16 #
2021/2180(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that important elements of Parliament’s resolutions of 25 October 2016 and of 7 October 2020 on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights are still missing, in particular the panel of independent experts,; calls therefore to widening the scope to include all values set out under Article 2 of the Treaty on European Union (TEU), and the interinstitutional agreement for an annual monitoring cycle; calls on the Council and Commission to engage in discussions on such interinstitutional agreement, in order to set up a single and coherent monitoring system for democracy, rule of law and fundamental rights in the EU;
Amendment 21 #
2021/2180(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes Commission’s involvement of civil society actors, both through the online public consultation and the country visits and interviews, however believes that more transparency from the Commission on the methodology and selection process of stakeholders invited to consultation meetings, as well as closer consultation and collaboration with civil society to design a more straight forward and more easily accessible process, is needed;
Amendment 32 #
2021/2180(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to conclude each country chapter with a ‘traffic light’n assessment of the fulfilment of the conditions of the Rule of Law Conditionality Regulation (Regulation (EU, Euratom) 2020/2092);
Amendment 36 #
2021/2180(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes Commission proposals´s commitment to include country-specific recommendations as of 2022, as per Parliament’s resolution of 25 October 2016, which should be framed in the context of Member States’ obligations under EU law and international human rights law and standards, which would allow for tracking and evaluating progress and regression against an agreed, binding framework; calls on the Commission to monitor and report on their implementation;
Amendment 45 #
2021/2180(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Underlines that while the 2020 Rule of Law Report has encouraged positive reforms related to the rule of law in a number of Member States, some serious concerns remain, however, with regard to a number of Member States, especially pertaining to the independence of the judiciary and the freedom and pluralism of media;
Amendment 47 #
2021/2180(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Is concerned that the COVID-19 pandemic has affected the fight against corruption, as it slowed down legal reforms or the adjudication of corruption cases in some Member States and increased the risk of corruption; stresses that while efforts to repress corruption have significantly increased in several Member States, yet others are cause for concern as regards the effectiveness of investigation and prosecution;
Amendment 48 #
2021/2180(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
Amendment 54 #
2021/2180(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights that constitutional checks and balances at EU level should be included in the report; commits toassessed, by requesting a Venice Commission opinion on key principles of democracy in EU governance, in particular the separation of powers, accountability and checks and balances;
Amendment 60 #
2021/2180(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. CUnderlines the importance of interinstitutional dialogue and cooperation on rule of law matters; calls on the Council to discuss the report in all transparency and engage in dialogue with the European Parliament; calls on the European Council, too, to discuss the findings of the report, as the values of Article 2 TEU are a matter to be addressed at the highest political level.
Amendment 7 #
2021/2025(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s first ever Rule of Law Report as a positive addition to the EU’s toolbox to prevent and address rule of law issues in Member States, while considering that further improvements are needed;
Amendment 7 #
2021/2025(INI)
Motion for a resolution
Citation 26
Citation 26
— having regard to the report of the European Union Agency for Fundamental Rights of 17 January 2018 entitled ‘Challenges facing civil society organisations working on human rights in the EU’, and to its other reports and data, published on 17 January 2018, the bulletins on the fundamental rights implications of the Coronavirus pandemic in the EU, published in 2020, and to the Agency’s other reports, data and tools, in particular the European Union Fundamental Rights Information System (EFRIS),
Amendment 12 #
2021/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Commission’s report iwas a response to the Council’s failure to trigger the procedure under Article 7(1) of the Treaty on European Union (TEU), as requested by the Commission in 2017 and Parliament in 2018; regrets that the Council has failed to resume hearings under Article 7 of the TEU since December 2019; notes that the failure to apply Article 7 of the TEU, also due to the requirement of unanimity for the sanctions mechanism, enables continued divergence from the values enshrined in Article 2 of the TEUcommitment made by President Von Der Leyen in her political guidelines for the 2019-2024 Commission, ahead of her election;
Amendment 18 #
2021/2025(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets the Council’s failure to move further the procedure under Article 7(1) TEU, as requested by the Commission in 2017 and the Parliament in 2018; underlines, in the strongest terms, that only qualified majority is required to determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2; regrets that the Council has failed to resume hearings under Article 7 TEU since December 2019; notes with concern that the failure to progress in Article 7 TEU procedure enables continued divergence from the values enshrined in Article 2TEU; urges the Portuguese presidency of the Council to take the appropriate steps in order to move further the procedure under Article7(1) TEU;
Amendment 22 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the report fails to fully address all Union values set out in Article 2 of the TEU, such as democracy and fundamental rightsConsiders the scope of the report can be broadened and fine-tuned as requested by the EP; reiterates the need to have a single monitoring system for democracy, the rule of law and fundamental rights, as proposed by Parliament1 ; calls again on the Council and the Commission to engage in discussions to set up such a mechanism via an interinstitutional agreement; _________________ 1European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (texts adopted, P9_TA(2020)0251).
Amendment 22 #
2021/2025(INI)
Motion for a resolution
Citation 50 a (new)
Citation 50 a (new)
— having regard to the report of the European Union Agency for Fundamental Rights of 10 September 2020 on Antisemitism: Overview of antisemitic incidents recorded in the European Union;
Amendment 29 #
2021/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the methodology of the report, which focuses on four pillars: independence of the judiciary, the anti- corruption framework, media pluralism, and checks and balances; invites the Commission to in the next editions broaden the scope of the report, or at least of its first pillar and to include in the next editions an assessment of how the right to a fair trial is guaranteed in Member States, with particular attention paid to the right of defence, andthe equality between prosecution and defence parties and the length of trials; believes that the report should go beyond monitoring and include preventive and corrective elements with a clear outline of enforcement measures;
Amendment 44 #
2021/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to use all tools at its disposal to counter violations of EU values, such as infringement procedures, including expedited procedures, actions to ensure compliance with the judgments of the Court of Justice and applications for interim measures before the Court; welcomes the new rule of law conditionality mechanism and asks that it be fully enforced with regard to all EU funds, including Next Generation EU; reiterates it has entered into force and is binding in its entirety for all commitment appropriations and payment appropriations in all Member States and for the EU institutions; underlines the importance of the direct applicability of the Regulation since 1 January 2021, particularly in the context of the disbursement of the Next Generation EU funds which will occur early in the budget cycle;
Amendment 48 #
2021/2025(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas according to the 2021 World Press Freedom Index the worrisome developments aimed at stifling free speech and press freedom set a bad example within the EU and EU accession candidates;
Amendment 50 #
2021/2025(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Amendment 52 #
2021/2025(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
F c. whereas the threats to media freedom include harassment and attacks aimed at journalists, disregard of journalists' legal protection as well as media capture or politically motivated actions in the media sector;
Amendment 53 #
2021/2025(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
F d. whereas it is necessary to strengthen and streamline existing mechanisms and develop an effective mechanism to ensure that the principles and values enshrined in the Treaties are upheld throughout the Union;
Amendment 56 #
2021/2025(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights that the COVID-19 pandemic has had a deleterious impact on fundamental rights as well as on constitutional checks and balances; insists that any measures restricting the rights and freedoms of EU citizens should be transparent, proportional and temporary; calls on the Commission to furthercontinue analyseing measures taken in response to the COVID- 19 pandemic in its 2021 report.
Amendment 81 #
2021/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for a more integrated analysis on the interlinkages between the four pillars included in the report and of how combined deficiencies may amount to systemic breaches of the rule of law; calls on the Commission to propose EU Anti- SLAPP legislation to protect journalists from vexatious lawsuits;
Amendment 88 #
2021/2025(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the annual reports should identify cross-cutting trends at Union level; believes that a Union-wide perspective is absent from the 2020 report; asks the Commission to identify instances where certain practices undermining the rule of law are becoming blueprints for others or when the gravity and scope of such practices have the potential to affect the Union as a whole; calls on the Commission to clearly illustrate systematic disinformation and foreign interference campaigns with the aim of undermining public trust in state institutions and independent media, while pushing Member States towards authoritarian-style governance structures;
Amendment 108 #
2021/2025(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the Union's judicial architecture includes national justice systems; expresses its concern about the alleged political interference on the appointment of some members of the European Public Prosecutor's Office; recalls the lack of transparency in the nomination of the Portuguese European Prosecutor;
Amendment 126 #
2021/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Decries the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7political pressure in Member States subject to Article 7 of the TEU to prevent the initiation of preliminary ruling proceedings by national courts before the Court of Justice of the TEU; is appalled by the growing resistance of some Member States to comply with CJEU rulings on the grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Unionunity of EU law and to the functioning of the Union as such; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violations in the assessment; calls on the Commission to closely monitor the rulings of national courts regarding the primacy of EU law over national constitutional norms; urges the Commission to ensure immediate and adequate responses to refusals to implement and respect CJEU judgements, such as court actions following Article 260 TFEU;
Amendment 142 #
2021/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the dedication of a specific chapter to anti-corruption efforts in each country report; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the grouimplementation and subsequent effectiveness on the ground are crucial for the rule of law and must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanism;
Amendment 145 #
2021/2025(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Is concerned by the rise of illiberal tendencies as well as corruption; underlines the dangers of this trend for the cohesion of the Union’s legal order, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 151 #
2021/2025(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the inclusion in the report of a specific chapter on monitoring media freedom and pluralism; urges the Commission to provide an assessment of the efficiency and effectiveness of the national frameworks for the protection of media freedom and media pluralism; calls on the Commission to put a specific focus on murder cases of journalists with a particular focus on the effective subsequent criminal investigations and proceedings;
Amendment 156 #
2021/2025(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the lack of assessment as regards the public and private media sector at national level and its degree of independence from government or any other interference and an assessment of transparency of media ownership; believes that proper implementation of Article 30 of the 2018 Audiovisual Media Services Directive19 should be closely monitored; calls in this regard on the Commission to examine attempts of intimidation and defamation of journalists, in particular by public service broadcasters; in this context, highlights the trend that increasingly also foreign journalists are directly attacked as public enemies for their investigative reports; _________________ 19 OJ L 303, 28.11.2018, p. 69.
Amendment 166 #
2021/2025(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is alarmed by the growing deterioration of media freedom and media pluralism in some Member States since the publication of the 2020 report; observes with concern that challenges to media freedom are interlinked with the undermining of the freedom of expression, artistic freedom and academic freedom; recalls in this regard physical, psychological and economic threats directed towards journalists that have so far resulted in the murder of investigative journalists; calls, therefore, for this pillar to be expanded to all aspects of freedom of expression and for the title of the pillar to be adapted accordingly;
Amendment 170 #
2021/2025(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence and freedom from political interference; highlights the need to ensure financial independence and conditions for sustainable activity by private media operators to avoid political capture of the media;
Amendment 192 #
2021/2025(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Recalls the importance of independent national human rights institutions and national ombudsman bodies, in full compliance with the Paris Principles, as well as equality bodies, in preserving citizens' rights and being able to defend the rule of law at national, regional and local level;
Amendment 205 #
2021/2025(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on the Commission to include country chapters of all candidate and potential candidate countries to EU enlargement with an in-depth analysis on their justice systems, anti-corruption frameworks, on media freedom and pluralism, as well as on institutional checks and balances;
Amendment 223 #
2021/2025(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to present annual reports on democracy, the rule of law and fundamental rights, including equality and rights of persons belonging to minorities, as part of the Union’s annual reporting mechanism;
Amendment 225 #
2021/2025(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Commission’s announcement of its strategy to strengthen the application of the Charter of Fundamental Rights; believes that such an annual review should provide input for a comprehensive mPoints out that the mechanism should consolidate and supersede existing instruments to avoid duplication, in particular the Commission’s annual rule of law report, the Commission’s Rule of Law Framework, the Commission’s annual reporting on the application of the Charter, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including procedures under Article 7 TEU, infringement proceedings and budgetary conditoring mechanism and that its methodology, cycle and scope should therefore be aligned wiionality once in force; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU and of budgetary conditionality once in force; stresses that the roles and prerogatives of each of the the annual reportsree institutions must be respected;
Amendment 238 #
2021/2025(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, professional associations and other stakeholders; notes that three24 Member States refused totransparently makde public their submissions for the 2020 report; calls for full transparency in the process and for all submissions to be made public;
Amendment 239 #
2021/2025(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls on the Commission to invite the EU Agency for Fundamental Rights to provide methodological advice and conduct targeted comparative research to fill gaps and add detail in key areas of the rule of law report in addition to the contributions the Agency already makes in terms of, for instance, using EFRIS and data on civic space;
Amendment 279 #
2021/2025(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates that the annual report should serve as a basis for deciding whether to activate the procedure provided for in Article 7 of the TEU, whether to activate the Rule of Law Framework or whether to launch infringement procedures, including expedited procedures, applications for interim measures before the Court of Justice and actions regarding non-implementation of CJEU judgments concerning the protection of Union values; considers that the Conference on the future of Europe could further clarify in Treaty provisions the well-established legal principle on the primacy of EU law;
Amendment 287 #
2021/2025(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the Commission to use the findings of the annual report in its assessment thatReiterates its positions as laid down in its resolution of 17 December 2020; stresses that the Rule of Law Conditionality Regulation has entered into force and is binding in its entirety for all commitment appropriations and payment appropriations in all Member States and forms the basis of the mechanism to protect the budget against breaches of the principle of the rule of law; reiterates its call on the Commission to dedicate a specific section of the annual report toEU institutions; underlines the importance of the direct applicability of the Regulation since 1 January 2021, particularly in the context of the disbursement of the NextGenerationEU funds which will occur early in the budget cycle; recalls that the Commission ‘shall be completely independent’, and its members ‘shall neither seek nor take instructions from any Government’ in accordance with Article 17(3) of the TEU and Article 245 of the TFEU; recalls further that in accordance with Article 17(8) of the TEU, the Commission ‘shall be responsible to the European Parliament’; asks the Commission to include in its annual Rule of Law Report a dedicated section with an analysis of cases where breaches of the principles of the rule of law in a particular Member State could affect or seriously risk affecting the sound financial management of the Union budget in a sufficiently direct way;
Amendment 291 #
2021/2025(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls on the Commission to launch a dedicated programme that supports innovative initiatives with the aim of promoting formal and informal education with regard to the rule of law and democratic institutions among EU citizens of all ages, in particular at local and regional level;
Amendment 298 #
2021/2025(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to assess in successive reports how the issues identified in the areas analysed in previous reports have evolved, clearly outlining positive and negative trends;
Amendment 309 #
2021/2025(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to make clear in its annual Rule of Law Reports that not all rule of law shortcomings and violations are of the same nature and/or intensity and that when the values listed in Article 2 of the TEU are violated gravely, permanently and systematically, the authoritarian-style governance structures and elements of a given Member States should be clease being democraciesrly denoted as such;
Amendment 2 #
2021/0373(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) The detailed arrangements governing the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals are set out in Council Directive 94/80/EC.
Amendment 3 #
2021/0373(CNS)
(4) In the EU Citizenship Report 22 22 2020 , the Commission stressed the need to update, clarify and strengthen the rules on the exercise of the right to vote and to stand as a candidate in municipal elections in order to ensure that they support the broad and inclusive participation of mobile Union citizens residing in a Member State of which they are not nationals. Taking also into account the experience gained in its application to successive municipal elections, and in order to take account of changes introduced by the amendments to the Treaties, several of the provisions of that Directive should be updated. _________________ 22 EU Citizenship Report 2020 Empowering citizens and protecting their rights, COM/2020/730 final.
Amendment 5 #
2021/0373(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) The electoral procedure related to municipal elections falls within the competences of the Member States that organise them reflecting their specific traditions and in accordance with international and European standards. In line with the International Covenant on Civil and Political Rights as well as the law of the European Convention on Human Rights, Member States should not only recognise and respect the right of Union citizens residing in a Member State of which they are not nationals to vote and to stand as a candidate in municipal elections but also ensure easy access to their electoral rights by removing as many obstacles to their participation in municipal elections as possible.
Amendment 11 #
2021/0373(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) In order to ensure that Union citizens who reside in a Member State of which they are not nationals (“non-national Union citizens”) are able to exercise their right to vote and to stand as candidates in municipal elections under the same conditions as nationals of their host Member State, the conditions governing registration and participation in such elections should be clarified in order to ensure equal treatment between national and non-national Union citizens. In particular, Union citizens seeking to vote and to stand as candidates in municipal elections in their Member State of residence should be treated equally to nationals of that Member State as regards any periods of residence that are to be fulfilled as a condition for the exercise of the right, as well as the proofs for demonstrating compliance with such a condition.
Amendment 19 #
2021/0373(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, such citizens should be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and a formal declaration that include elements evidencing their entitlement to participate in the municipal elections. Once registered, non- national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.
Amendment 38 #
2021/0373(CNS)
Proposal for a directive
Recital 16
Recital 16
(16) The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), point (b), and Article 22(1) TFEU and the national rules and procedures regarding participation in and the organization of municipal elections. In order to ensure the effectiveness of communications, information should be provided in a timely manner, in clear and comprehensible terms.
Amendment 41 #
2021/0373(CNS)
(17) In order to improve the accessibility of electoral information, such information should be made available in at least one other official language of the Union than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory. Member States should endeavour to provide information in the preferred language of the non-national Union citizen and may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing therein. The European Commission should support Member States in providing access to this information and assistance in understanding to citizens.
Amendment 47 #
2021/0373(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) Any derogation from the general rules of this Directive has to be warranted, pursuant to Article 22 (1) TFEU , by problems specific to a Member State and has to be in line with the requirements of Article 52 of the Charter, including the requirement that any limitations to the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals shall be provided by law and shall be subject to the principles of proportionality and necessity . Additionally, any derogation has , by its very nature, to be subject to review as provided by Article 47 of the Charter .
Amendment 61 #
2021/0373(CNS)
Proposal for a directive
Recital 23
Recital 23
(23) Data regarding the exercise of rights and the application of this Directive can be useful in the identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve the collection of data for municipal elections, it is necessary to introduce regular monitoring and reporting of implementation by Member States, which should include, besides statistical data, based on common indicators, information on the measures taken to support participation in elections of non- national Union citizens. The Commission should assess the application of the Directive , including any changes in the electorate that have taken place since its entry into force and submit a report in this connection to the European Parliament and to the Council.
Amendment 64 #
2021/0373(CNS)
Proposal for a directive
Recital 26
Recital 26
(26) The Member States, by ratifying, and the Union, by concluding25 , have committed themselves to ensure compliance with the United Nations Convention on the Rights of Persons with Disabilities including on Article 29 on Participation in political and public life. In order to supportensure inclusive and equal electoral participation for persons with disabilities, particularly taking into account the substantial impact local decisions can have on matters of accessibility and the life of persons with disabilities and older citizens, arrangements for Union citizens residing in a Member State of which they are not nationals to exercise the right to vote and to stand as a candidate there in municipal elections should have due regard to the needs of citizens with a disability and older citizens. _________________ 25 Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).
Amendment 110 #
2021/0373(CNS)
Proposal for a directive
Article 9 – paragraph 2 – point e a (new)
Article 9 – paragraph 2 – point e a (new)
(ea) if they so wish and where possible, indicate the language in which they want to receive the information referred to in Article 12 (3);
Amendment 124 #
2021/0373(CNS)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. In case of errors in the electoral roll or in the list of candidates for municipal elections, the person concerned shall be entitled to legal remedies on similarthe same terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.
Amendment 135 #
2021/0373(CNS)
Proposal for a directive
Article 12 – paragraph 2 – point c a (new)
Article 12 – paragraph 2 – point c a (new)
(ca) the specific measures to facilitate the exercise of the right to vote to particular groups of voters, such as persons with disabilities and older citizens.
Amendment 140 #
2021/0373(CNS)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The European Commission shall ensure that the information relating to the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals, under Article 20(2), point (b), and Article 22(1) TFEU, is made available to these citizens in a clear and accessible manner, in all official languages of the Union, including via Europe Direct and Your Europe.
Amendment 144 #
2021/0373(CNS)
Proposal for a directive
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. The information on conditions and detailed rules for registration as a voter or candidate in municipal elections and the information referred to in paragraph 2 shall be provided in a timely manner and in clear and plain language.
Amendment 148 #
2021/0373(CNS)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
The information referred to in the first subparagraph shall, in addition to being communicated in one or more of the official languages of the host Member State also be accompanied by a translation, where possible in the preferred language of the non-national Union citizen, or in at least one other official language of the Union that is broadly understood by the largest possible number of European Union citizens residing on its territory, in accordance with the quality requirements in Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council28 . _________________ 28 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1–38)
Amendment 152 #
2021/0373(CNS)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in municipal elections and information referred to in paragraph 2 is made accessible to persons with disabilities and older persons by using appropriate means, modes and formats of communication. Member States may ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice.
Amendment 162 #
2021/0373(CNS)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Within three years of the entry into force of this Directive and every four years thereafter, the Member States shall report to the Commission and the European Parliament on the application of this Directive in their territory, including on the application of Article 5(3) and (4). The report shall contain statistical data on the participation in municipal elections of voters and candidates pursuant to Article 3 and a summary of measures taken in that regard.
Amendment 172 #
2021/0373(CNS)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 2, 8(2), 8(4) and 9(3) shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Directive.
Amendment 173 #
2021/0373(CNS)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The delegation of power referred to in Articles 2, 8(2), 8(4) and 9(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 175 #
2021/0373(CNS)
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. A delegated act adopted pursuant to Articles 2, 8(2), 8(4) and 9(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 47 #
2021/0372(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) Article 20(2), point (b) and Article 22(2) of the of the Treaty on the functioning of the European Union (TFEU) confers on Union citizens residing in a Member State of which they are not nationals the right to vote and to stand as a candidate in elections to the European Parliament in their Member State of residence under the same conditions as nationals of the host Member State. The right, which is also affirmed in Article 39 of the Charter of Fundamental Rights of the European Union (Charter) gives specific expression to the principle of equality and non- discrimination on grounds of nationality set out in Article 21. It is also a corollary of the right to move and reside freely enshrined in Article 20(2) point (a) and Article 21 TFEU and Article 45 of the Charter.
Amendment 49 #
2021/0372(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) The detailed arrangements governing the exercise of the right to vote and to stand as a candidate in elections to the European Parliament are set out in Council Directive 93/109/ECfor Union citizens residing in a Member State of which they are not nationals are set out in Council Directive 93/109/EC. These provisions should be in accordance with Article 223 (1) TFEU and the provisions in force for its implementation.
Amendment 50 #
2021/0372(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) In its the EU Citizenship Report 24 24 2020 , the Commission stressed the need to update, clarify and strengthen the rules on the exercise of the right to vote and to stand as a candidate in elections to the European Parliament in order to ensure that they support the broad and inclusive participation of mobile EU citizenUnion citizens residing in a Member State of which they are not nationals. Taking also into account the experience gained in the application of Council Directive 93/109/EC to successive elections and the changes introduced by the amendments to the Treaties, several of the provisions of that Directive should be updated. _________________ 24 https://ec.europa.eu/info/files/eu- citizenship-report-2020-empowering- citizens-and-protecting-their-rights_en
Amendment 51 #
2021/0372(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) Article 20 (2) TFEU is without prejudice to Article 223(1) TFEU , which provides for the establishment of a uniform procedure in all Member States in accordance with principles common to all Member States for those elections of Members of the European Parliament.
Amendment 53 #
2021/0372(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) In order to ensure that Union citizens who reside in a Member State of which they are not nationals (“non-national Union citizens”) are able to exercise their right to vote and to stand as candidates in elections to the European Parliament under the same conditions as nationals of their host Member State, the conditions governing registration and participation in such elections should be clarified in order to ensure equal treatment between national and non-national Union citizens. In particular, Union citizens seeking to vote and to stand as candidates in elections to the European Parliament in their Member State of residence should be treated equally to nationals of that Member State as regards any periods of residence that are to be fulfilled as a condition for the exercise of the right, as well as the proofs for demonstrating compliance with such a condition.
Amendment 57 #
2021/0372(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, such citizens should be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and a formal declaration that includes elements evidencing their entitlement to participate in the elections. Automatic registration could be made available for Union citizens who have expressed the wish to be registered as a voter in the Member State of residence, provided that they produce the elements required to establish that they are entitled to participate in the elections and that measures to avoid multiple voting are not jeopardized. Once registered, non- national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.
Amendment 70 #
2021/0372(CNS)
Proposal for a directive
Recital 20
Recital 20
(20) The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), point (b), and Article 22(2) TFEU and the national rules and procedures regarding participation in and the organization of elections to the European Parliament. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms and in a timely manner.
Amendment 73 #
2021/0372(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) In order to improve the accessibility of electoral information, such information should be made available in at least one other official language of the Union than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory. Member States may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing thereiprovided in an official language of the Union understandable to the Union voter or candidate in question.
Amendment 81 #
2021/0372(CNS)
Proposal for a directive
Recital 27
Recital 27
(27) It is necessary that the Commission conduct its own evaluation of the application of this Directive within a reasonable timeframe after at least twoafter each elections to the European Parliament.
Amendment 84 #
2021/0372(CNS)
Proposal for a directive
Recital 29
Recital 29
(29) The Member States, by ratifying, and the Union, by concluding27 , the United Nations Convention on the Rights of Persons with Disabilities have committed themselves to ensure compliance with that Convention. In order to supportensure inclusive and equal electoral participation for persons with disabilities, arrangements for Union citizens residing in a Member State of which they are not nationals to exercise the right to vote and to stand as a candidate there in elections to the European Parliament should have due regard to the specific needs of citizens with a disability and older citizens. _________________ 27 Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).
Amendment 85 #
2021/0372(CNS)
Proposal for a directive
Recital 32
Recital 32
(32) This Directive respects fundamental rights and the principles recognised in particular by the Charter, in particular Article 21 and 39 thereof. Accordingly, it is essential that this Directive shall be implemented in accordance with those rights and principles by ensuring full respect for, inter alia, the right to protection of personal data, the right to non- discrimination, the right to vote and to stand as a candidate at elections to the European Parliament, the freedom of movement and of residence and, the right to an effective remedy and the right to protection of personal data.
Amendment 90 #
2021/0372(CNS)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Union citizens who reside in a Member State of which they are not nationals and who, through an individual judicial decision or an administrative decision provided that the latter can be subject to judicial remedies, have been deprived of their right to stand as a candidate under either the law of the Member State of residence or the law of the home Member State, shall be precluded from exercising that right in the Member State of residence in elections to the European Parliament. Decisions on deprivation of legal capacity shall not automatically preclude a Union citizen from standing as a candidate in elections to the European Parliament, without prejudice to the national law of the respective Member State.
Amendment 91 #
2021/0372(CNS)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Member State of residence may check whether the Union citizens who have expressed a desire to exercise their right to vote there have not been deprived of that right in the home Member State through an individual civil law or criminal law decision. Decisions on deprivation of legal capacity shall not automatically disqualify a Union citizen from voting in elections to the European Parliament, without prejudice to the national law of the respective Member State.
Amendment 92 #
2021/0372(CNS)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Union voters shall exercise their right to vote in the Member State of residence if they have expressed the wish to do so, including when automatic registration to Union citizens is made available by the Member State of residence.
Amendment 98 #
2021/0372(CNS)
Proposal for a directive
Article 9 – paragraph 3 – point c a (new)
Article 9 – paragraph 3 – point c a (new)
(c a) if they so wish, indicate the language in which they want to receive the information referred to in Article 12(2).
Amendment 108 #
2021/0372(CNS)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate a national authority with responsibility for taking the necessary measures to ensure that non-national Union citizens are informed in a timely manner of the conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament, taking into account the date in which electoral rolls are to be closed.
Amendment 115 #
2021/0372(CNS)
Proposal for a directive
Article 12 – paragraph 2 – point d a (new)
Article 12 – paragraph 2 – point d a (new)
(d a) the measures to facilitate the exercise of the right to vote, including regarding particular groups of voters, such as citizens with disabilities and older citizens.
Amendment 126 #
2021/0372(CNS)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall exchange the information required for the implementation of Article 4 , sufficiently in advance of polling day . To that end, the Member State of residence shall begin supplying the home Member State, no later than six weeks before the first day of the electoral period referred to in Article 10(1) of the Act concerning the election of the members of the European Parliament by direct universal suffrage the set of information provided in Annex III , . The home Member State shall, in accordance with its national legislation, take appropriate measures to ensure that its nationals do not vote more than once or stand as candidates in more than one Member State.
Amendment 131 #
2021/0372(CNS)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States tshat provide for the possibilities of advance voting, postal voting, and electronic and internet voting, in elections to the European Parliament shall ensure the availability of those voting methodsll ensure that alternative voting methods aiming to facilitate the exercise of the right to vote in elections to the European Parliament are available to Union voters under similarthe same conditions as the ones applicable to their own nationals.
Amendment 146 #
2021/0372(CNS)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Within two years after the 2029each elections to the European Parliament, the Commission shall assess its application and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall also include a reviewn assessment on the functioning of Article 13.
Amendment 148 #
2021/0372(CNS)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 9 (5), 10 (3) and 13 (4) shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Directive.
Amendment 149 #
2021/0372(CNS)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The delegation of power referred to in Articles 9 (5), 10 (3) and 13 (4) may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 150 #
2021/0372(CNS)
Proposal for a directive
Article 20 – paragraph 6
Article 20 – paragraph 6
6. A delegated act adopted pursuant to Articles 99 (5), 10 (3) and 13 (4) shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.
Amendment 152 #
2021/0372(CNS)
Proposal for a directive
Annex I – paragraph 4 a (new)
Annex I – paragraph 4 a (new)
I wish to receive all future information related to the elections to the European Parliament in the following language:
Amendment 156 #
2021/0372(CNS)
Proposal for a directive
Annex II – paragraph 4 a (new)
Annex II – paragraph 4 a (new)
I wish to receive relevant information related to my application to stand as a candidate for election to the European Parliament in the following language:
Amendment 1 #
2020/2196(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 2 #
2020/2196(INI)
Motion for a resolution
Citation 7
Citation 7
– having regard to the ongoing legislative work on the revision of the Schengen Borders Code as regards the rules applicable to the temporary reintroduction of border control at internal borders, on reforming the Visa Information System, on the completion of the ETIAS legislative framework, on the recast of the return directive, on the instrument for financial support for border management and visa 2021-2027, and the new proposal for a Regulation introducing a screening of third country nationals at the external borders (COM/2020/0612),
Amendment 4 #
2020/2196(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to the Commission’s guidelines (‘COVID-19: Guidelines for border management measures to protect health and ensure the availability of goods and essential services’) of 16 March 2020 (C(2020)1753), endorsed by the Heads of State or Government on 17 March 2020,
Amendment 5 #
2020/2196(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
– having regard to the conclusions of the President of the European Council following the videoconference of 17 March 2020 with members of the European Council on COVID-19, which endorsed the call to reinforce the external borders by applying a coordinated temporary restriction on non-essential travel to the EU for a period of 30 days, based on the Commission communication ‘COVID-19: Temporary Restriction on Non-Essential Travel to the EU’ (COM(2020)0115) and its subsequent prolongation,
Amendment 6 #
2020/2196(INI)
Motion for a resolution
Citation 9 c (new)
Citation 9 c (new)
– having regard to the Commission communication ‘COVID-19: Guidance on the implementation of the temporary restriction on non-essential travel to the EU, on the facilitation of transit arrangements for the repatriation of EU citizens, and on the effects on visa policy’ of 30 March 2020 (C(2020)2050),
Amendment 7 #
2020/2196(INI)
Motion for a resolution
Citation 9 d (new)
Citation 9 d (new)
Amendment 8 #
2020/2196(INI)
Motion for a resolution
Citation 9 e (new)
Citation 9 e (new)
– having regard to the Commission communication of 8 April 2020 on the assessment of the application of the temporary restriction on non-essential travel to the EU (COM(2020)0148),
Amendment 11 #
2020/2196(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the Commission communication of 25 November 2020 on the Functioning of the Schengen Evaluation and Monitoring Mechanism pursuant to Article 22 of Council Regulation (EU) No 1053/2013 (COM(2020)779 final)
Amendment 33 #
2020/2196(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the very concept of Schengen cooperation, that of ensuring the absence of controls at internal borders, has been further challenged by the COVID-19 pandemic, which has been added to the grounds invoked since 2015 for the persistent retention of; reiterates in this context its concern about the current situation with regard to some internal border controls by some Min four member Sstates; reiterates its condemnation of the maintenance of internal border checks and its view that many of the prolongations are not in line with the rules pertaining to their extension, necessity or proportionality, and are therefore unlawful, while fully supporting the public health measures put in place to limit the spread of COVID-19 through physical distancing, including imposed confinement measures decided on by Member States to be applicable to their territories;
Amendment 41 #
2020/2196(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. A. whereas as a response to the COVID-19 pandemic, most Member States, which, given the subject-matter of this resolution, include the Schengen associated countries, have reintroduced internal border controls or have closed such borders, either partially or totally, or have closed them to certain types of travellers, including EU citizens and their family members and third-country nationals residing on their territory or that of another Member State; whereas there was a clear lack of coordination among Member States and with the Union institutions when these measures were introduced;
Amendment 44 #
2020/2196(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Whereas there was a downward trend in terms of numbers of terrorist attacks in the EU in 2019, but the EU has recently witnessed new terrorist attacks; whereas according to a Commission report published on 30 September 2020, major gaps in the implementation of Directive (EU) 2017/541 have been reported in the majority of Member States;
Amendment 45 #
2020/2196(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Whereas new forms of organised criminal activity continue to emerge in Europe, exploiting changing societal vulnerabilities, with most organised crime groups involved in multiple criminal activities; whereas the profits of organised crime groups in the EU are estimated at EUR 110 billion per year, but only around 1 % of these profits are confiscated; whereas there is a strong link between organised crime and corruption;
Amendment 46 #
2020/2196(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Reiterates its condemnation of the maintenance of internal border checks since 2014 and its view that many of the prolongations are not in line with the rules pertaining to their extension, necessity or proportionality, and are therefore unlawful;
Amendment 50 #
2020/2196(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that internal border controls are continuing to be introduced by some Member States as a unilateral response to new challenges, bAcknowledges the Commission's effore they have given proper consideration to the common European interest in maintaining Schengen as an area without internal border controlt to coordinate answers to new challenges; reiterates its call on the Commission to exercise appropriate scrutiny over the application of the Schengen acquis, including through the use of infringement procedures, and underlines the urgent need to enhance mutual trust and cooperation, instead of artificial and meaningless constrains, among the Schengen states and appropriate governance for the Schengen area;
Amendment 62 #
2020/2196(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Further to its numerous requests for the full application of the provisions of the Schengen acquis in Bulgaria and Romania, requests the Council to take an immediate decision on the abolition of checks at internal land, sea and air borders; is prepared, when consulted by the Council in accordance with Article 4 of the Act of Accession, to express its opinion on the full application of the provisions of the Schengen acquis in Croatia; considers that solidarity and responsibility are for all, and that the future of the Schengen area can only be one without fragmentation;
Amendment 69 #
2020/2196(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with concern that the Schengen evaluation reports and the vulnerability assessments continue to point to deficiencies and vulnerabilities in the protection and management of the external border; calls on the Member States to implement the recommendations addressed to them by the Council and Frontex, aimed at remedying the deficiencies and vulnerabilities; stresses the importance of recently adopted measures, such as systematic checks at the external border;
Amendment 82 #
2020/2196(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the decision of the Frontex management board to conduct an inquiry into these allegations and to set- up a dedicated working-group for that purpose; considers that the European Parliament should appoint one of its Members to attend, as an observer, the Management Board meetings;
Amendment 91 #
2020/2196(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. DIs deeply regrets the fact that there have beenconcerned by the persistent and serious reports about violence and pushbacks at the external border, as well as the lack of adequate monitoring mechanisms to ensure respect for fundamental rights and the rule of law at the external borders; considers that the European Union Agency for Fundamental Rights (FRA) must be given an enhanced operational role with regard to the monitoring of respect for fundamental rights at the external borders; reiterates that Member States are obliged to prevent unauthorised border crossings and recalls that this obligation is without prejudice to the rights of persons requesting international protection; considers that the European Union Agency for Fundamental Rights (FRA) must be given an enhanced role at the Schengen Evaluation Mechanism;
Amendment 99 #
2020/2196(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deeply regrets the fact that there have been delays in the implementation of the fundamental rights provisions of the new European Border and Coast Guard Regulation15 , such as the recruitment of 40 fundamental rights monitors by 5 December 2020 as stipulated in the Regulation; calls on Frontex, on the basis of Article 265 of the TFEU, to ensure the implementation of Article 110(6) of Regulation (EU) 2019/1896 within two months from the date of adoption of this resolution at the latest;Welcomes the publication of the notices of vacancies and calls on the recruitment to happen as a matter of urgency. __________________ 15 Regulation (EU) 2019/1896 of 13 November 2019.
Amendment 106 #
2020/2196(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Commission’s intention to review the SEMM; recalls the discussions on its legal basis during the negotiations on the Schengen Governance Package in 2012 and insists on being involved in the reform of the mechanism on an equal footing with the Council, either through the use of the ordinary legislative procedure, or using the same method as for the adoption of Council Regulation (EU) No 1053/2013 establishing the SEMM; considers that shortening the deadlines, evaluating respect for fundamental rights, bolstering the possibility to conduct genuinely unannounced visits and improving transparency must be key elements of any future reform;
Amendment 114 #
2020/2196(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the importance of introducing clear deadlines for all steps of the procedure, including the implementation of recommendations by Member States, the assessment of Commission proposals by the Scheval expert group and the presentation of action plans; reiterates also the importance of increasing flexibility in the multi-annual and annual planning and reinforcing the Commission’s role, notably in the event of no-opinion by member states and the need of genuinely unannounced visits;
Amendment 118 #
2020/2196(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers that all JHA agencies should be able to participate, funded in their expenses by the European Commission’s budget;
Amendment 120 #
2020/2196(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Further considers that the Schengen Evaluation mechanism should further reinforce its synergies with the vulnerabilities assessment of the European Border and Coast Guard; Reiterates that duplications must be avoided and Schengen evaluators given access to result of the vulnerabilities assessment;
Amendment 125 #
2020/2196(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that another visit to Croatia should take place to further assess the protection of the external border, further to the visits of 2016, 2017 and the renewed visit of 2019; calls on Croatia to continue to implement ongoing actions and remedy any deficiencies identified, especially as regards staffing levels and land border surveillance capacity; insists that the forthcoming visit must also assess respect for fundamental rights and the reports about violence and pushbacksWelcomes the revisit to Croatia by the Commission in November 2020 and the monitoring visit by the deputy Director General of DG Home and calls for the finding to be shared with this Parliament;
Amendment 138 #
2020/2196(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. NotWelcomes the progress made in the development of the new large-scale IT systems and interoperability among them; calls on the Member States, the Commission and the agencies involved to uphold the envisaged timetable for implementation and to make adhering to this timetable a political priority;
Amendment 142 #
2020/2196(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Shares the commitment of the European Commission to have all new large-scale IT systems, and the reformed ones, implemented by 2023;
Amendment 143 #
2020/2196(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Welcomes the political agreement reached regarding the reformed VIS, in particular the establishment of a clear and legally binding deadline for start of operations;
Amendment 144 #
2020/2196(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Recalls the necessity of a stable legal framework for the implementation of those information systems and calls for the swift adoption of the ETIAS consequential amendments and EURODAC;
Amendment 145 #
2020/2196(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Recalls the crucial role of eu-LISA in the implementation of these systems and calls for the appropriate financial and human resources; furthermore, stresses the national component of these new large-scale IT systems and urges members states to allocate the appropriate financial and human resources necessary for a timely implementation;
Amendment 146 #
2020/2196(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Acknowledges the studies carried out by the Joint Research Centre for the use of fingerprints, palm prints, facial images and DNA in the Schengen Information System;
Amendment 147 #
2020/2196(INI)
Motion for a resolution
Paragraph 11 f (new)
Paragraph 11 f (new)
11f. Highlights the substantial increase in the activity of the Supplementary Information Request at the National Entry (SIRENE) Bureau and reiterates its call on Member States to reinforce the means at its disposal by ensuring that it has adequate financial and human resources to carry out its new functions;
Amendment 150 #
2020/2196(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the Commission and the Council have seriously neglected their obligations following the detection of serious deficiencies in the UK’s use of the Schengen Information System during the 2017 evaluation; reminds all actors of its request to immediately disconnect the UK, as expressed in the letters to the Commission and to the Council Presidency of 15 June 2020; recalls its position that ‘as a third country, the UK cannot have access to SIS’;Notes that the United Kingdom, as a third country, has no longer access to the Schengen Information System; calls on the Commission to make public all the arrangements for its disconnection.
Amendment 157 #
2020/2196(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the Commission’s announcement to fully digitalise the visa procedure by 2025 and considers it essential for an efficient, citizens-friendly and secure Union visa policy;
Amendment 159 #
2020/2196(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Considers long-stay visas and residence permits to be an essential element for a fully functional Schengen area; call therefore for an harmonisation of the issuance of long-stay visas and residence permits;
Amendment 160 #
2020/2196(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Shares the Commission’s objective of improving the effective implementation of the Return Directive and the effectiveness of return procedures in the Member States; calls on the Commission to launch infringement procedures where justified; calls on the swift adoption of the Commission’s proposal;
Amendment 161 #
2020/2196(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on the Member States to ensure swift and effective return procedures, with full respect for fundamental rights and under humane and dignified conditions, once a return decision has been issued;
Amendment 162 #
2020/2196(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Notes that the Member States have the opportunity offered by Directive 2001/40/EC to acknowledge and implement a return decision taken by another Member State rather than making a new return decision or sending an irregular migrant back to the first issuing Member State;
Amendment 163 #
2020/2196(INI)
Motion for a resolution
Paragraph 14 f (new)
Paragraph 14 f (new)
14f. Welcomes the publication of the new EU Security Union Strategy and highlights the need for the effective implementation and evaluation of existing EU legislation in this area; agrees with the Commission that where gaps in the regulatory and enforcement framework have been identified, follow-up is needed in the form of legislative and non- legislative initiatives; stresses, furthermore, that measures in the framework of the Security Union Strategy must be sufficiently flexible to respond to constantly changing circumstances and criminal organisations changing their modus operandi;
Amendment 164 #
2020/2196(INI)
Motion for a resolution
Paragraph 14 g (new)
Paragraph 14 g (new)
14g. Calls on the Member States to further develop mutual cross-border police cooperation, including by stepping up protection of public spaces, including places of worship;
Amendment 165 #
2020/2196(INI)
Motion for a resolution
Paragraph 14 h (new)
Paragraph 14 h (new)
14h. Welcomes the Commission’s plan to revise Europol’s mandate to enable it to become a hub for the exchange of information on law enforcement and for cooperation in the fight against terrorism and serious and organised crime in the EU; stresses that this new upgraded mandate should provide Europol with the relevant tools for cooperating more effectively with all the relevant partners and calls for its swift adoption;
Amendment 166 #
2020/2196(INI)
Motion for a resolution
Paragraph 14 i (new)
Paragraph 14 i (new)
14i. Considers that the current pandemic has shown the need to harmonise restrictions at European level, not necessarily following national borders but rather a regional approach; Considers that the upcoming Schengen strategy should provide an holistic approach to this matter, that includes measures from a free movement approach (such as vaccine certificates) and other alternatives to internal border controls, including use of new technologies;
Amendment 168 #
2020/2196(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the Schengen Borders Code, in particular as regards rules on internal border controls, is are no longer fit for purpose and requires an urgent and meaningful reform in order to strengthen mutual trust and solidarity, and to safeguard the integrity and full restoration of the Schengen area; stresses that the reintroduction of internal border controls should only ever be a measure of last resort, for a limited period of time, and to the extent that the controls are necessary and proportionate to the identified serious threat, while maintaining a distinction between different legal bases; considers that on each occasion that border controls are prolonged by a Member State, additional safeguards should apply and that, in all circumstances, such measures should be withdrawn as soon as the underlying grounds for them cease to exist, learning from recent challenges, in order to strengthen mutual trust and solidarity; urges, therefore, the commission to withdraw it’s 2017 proposal and submit a new proposal;
Amendment 174 #
2020/2196(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Considers that a structured and transparent consultation mechanism in case of crisis situations should be foreseen, so as to determine mitigating, or alternative, measures to checks at the internal borders and uniform rules binding and applicable at the external borders;
Amendment 175 #
2020/2196(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Recalls that reintroduction of internal border controls, remain a national prerogative; Believes that more clear rules for sanitary crisis should be foreseen and that accountability and scrutiny should be enhanced;
Amendment 176 #
2020/2196(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Considers that there is an inextricable link between national measures and measures at the internal borders;
Amendment 2 #
2020/2194(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Expresses its overall satisfaction with the work of the eight decentralised agencies (CEPOL, EASO, EMCDDA, eu- LISA, Eurojust, Europol, FRA, Frontex) falling within its remit and of the European Data Protection Supervisor (EDPS), which carry out operational, analytical or managerial tasks and thereby support the Union institutions as well as Member States in implementing policies in the area of Justice and Home Affairs (JHA) and the way their budgets are implemented; reiterates the need to ensure adequate financial support for JHA agencies to deliver the tasks assigned to them in full transparency and to fulfil their mandates in full compliance with fundamental rights;
Amendment 6 #
2020/2194(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the Court found that the payments underlying the accounts were legal and regular for all agencies except for EASO, for which a qualified opinion was issued due to irregularities in regard to public procurement procedures and related payments; is disappointed that the legality and regularity of payments only slowly improved in 2019; regrets that, once again, there were irregular payments, representing 14,6 % of the value of all payments made by EASO in 2019; Anotes that corrective actions were implemented by the EASO in 2019 to address the irregularities; acknowledges that the Executive Director is taking action to improve the management of EASO;
Amendment 8 #
2020/2194(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes the inherent difficulty that the agencies face when required to submit their Single Programming Document while the relevant legal instruments are still under negotiation by the co- legislators, thereby leading to a situation where budget lines are made available before their corresponding legal instruments are adopted; calls on the Commission to improve its communication with the agencies to better streamline the expected timelines for the adoption of legislation and corresponding budget lines; notes the Court’s Recommendation that agencies should be allocated resources in a more flexible manner while stressing the importance of due reporting, transparency and auditing;
Amendment 9 #
2020/2194(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes the high level of cooperation in the area of migration that concerns the JHA agencies, particularly at the hotspots; notes with approval the regular meetings conducted amongst CEPOL, EASO, Frontex, EMCDDA, eu- LISA, Eurojust, Europol, FRA, DG HOME and DG JUST of the Commission in the framework of the JHA Agencies’ Network, also aided by the EU Policy Cycle/ EMPACT framework; highlights the Court’s observation that JHA Agencies, particularly Europol, Eurojust and Frontex, are fully integrated in the external dimension of the Area of Freedom, Security and Justice and are amongst the internationally most active agencies;
Amendment 10 #
2020/2194(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the Court did not address ‘emphasis on the matter’ with regard to JHA agencies, with the exception of FRONTEX, for which the Court drew attention to the level of error related to equipment expenditure in the context of grant agreements with cooperating countries; notes the Court’s observation that the Agency has taken steps to improve ex-ante verifications, and has re- introduced ex-post verifications on reimbursements in 2019, in line with recommendations made in previous years; expresses its concern about the serious and repeated allegations of FRONTEX's involvement in the pushbacks and of migrants and allegations of violations of fundamental rights;
Amendment 15 #
2020/2194(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that public procurement continues to be the main area prone to error in relation to all Union decentralised agencies; calls therefore on the affected JHA agencies, i.e. Europol, and CEPOL to improve their public procurement procedures with a view to compliance with applicable rules and as a result, the achievement of the most economically advantageous purchases, while respecting the principles of transparency, proportionality, equal treatment and non- discrimination and eu-LISA to improve the recruitment procedure.
Amendment 17 #
2020/2194(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Takes note that the Court did not audit the 2019 accounts of the European Public Prosecutor's Office ('EPPO'), since the EU body was not yet financially autonomous; expects the Court to present an audit of the accounts of the EPPO for the accounting year 2020.
Amendment 2 #
2020/2181(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (the 'Agency') offers an important contribution to a safer Europe by applying the highest levels of information security and data protection to the information entrusted to it, providing high-quality services and helping to align Member States’ technological capabilities with their needs; reminds that the Agency’s new mandate that entered into force in December 2018 enhanced its capacity to both improve existing and develop new information systems was enhanced by its new mandate which entered into force in December 2018and tasked the Agency to ensure their interoperability;
Amendment 4 #
2020/2181(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates the Agency's very low budget implementation in 2019, with close to 55.2 % (EUR 159 million) of commitment appropriations carried forward and 47.832 % (EUR 6643 million) of payment appropriations unusedreturned to the general budget; acknowledges that this was due to the late adoption or entry into force of certain legislative acts; calls on the Agency and the Commission to improve the budgetary planning in the future and to improve alignment of budgetary planning with the timing of the related legal acts;, which created a significant difference between the actual timeline for their implementation compared with the timeline set by the Commission in the respective Legislative Financial Statements; recommends, therefore, the Commission to involve and consult the Agency at the earliest stage of preparation of relevant legislative proposals in order to improve the assumptions underpinning the financial planning and thereby improve alignment of budgetary planning with the timing of the related legal acts, also to avoid making it necessary for the Agency to turn to private contractors and outsource tasks that may in turn lead to the Agency becoming dependent on external entities for operations that are of a sensitive and critical nature; (The Payment Appropriations were nearly entirely returned to the General Budget via the global transfer exercise. At the start of 2019, eu-LISA had €204 in Payment Appropriations inscribed, out of which it returned €43 million to the General Budget (32%). Finally, the Legislative Financial Statements accompanying each legislative proposal are decided by the Commission. A recommendation for it to involve eu-LISA at the earliest planning stages to improve budgetary planning alignment is justified.)
Amendment 12 #
2020/2181(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the progress made regarding the Court’s recommendations from previous yearsobservations and Parliament's ensuing recommendations from previous years, specifically the Agency's publication of vacancy notices on the website of the European Personnel Selection Office (EPSO) in addition to on its website and on social media.
Amendment 2 #
2020/2172(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’) in supporting Member States’ criminal investigations and providing operational analysis; emphasises also the extension of its tasks and its growing role in the prevention and combating of serious crime, includingand organised crime, and terrorism;
Amendment 8 #
2020/2172(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes that the Court of Auditors ('the Court') has declared the transactions underlying the annual accounts of Europol for the financial year 2019to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly represented; welcomes that the Court has found the payments underlying the accounts for the year ended 31 December 2019 to be legal and regular in all material aspects;
Amendment 14 #
2020/2172(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the number of operations that Europol supported grew from 1 748 in 2018 to 1 921 in 2019 (representing an increase of 9,89 %) and that operational meetings funded by Europol increased from 427 in 2018 to over 500 in 2019 (representing an increase of 17%), which underline the substantial increase in the importance of the Agency's work;
Amendment 17 #
2020/2172(DEC)
4. Regrets to note again the Court’s finding that there were weaknesses in contract management and ex ante controls linked that the Europol irregularly prolonged the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; notes that this resulted in irregular payment of EUR 32 531 in 2019.; takes note of the explanations from Europol in response to the Court’s finding, highlighting that the extension was a conscious decision to preserve business continuity and that Europol will have an internal audit on contract management in 2021 to obtain assurance on its contract management arrangements and calls on the Agency to improve the regularity of transactions;
Amendment 22 #
2020/2172(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes the late payments issued by the Agency in 20 % of the cases in 2019; acknowledges that the level of late payments was even higher in previous years but calls on the Agency to regularise payments to bring these in line with the Financial Regulation to avoid reputational risk;
Amendment 25 #
2020/2172(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes the Court’s observations that tendering documents for procurement were not specific enough in 2019 with regard to the procurement of furniture, which undermines the competitive nature of tendering procedures; calls on the Agency to ensure that tendering specifications are comprehensive to allow fair and effective competition;
Amendment 30 #
2020/2172(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes the Court’s observations that underlying prices and calculation of certain discounts were not properly checked prior to submitting the order form to the contractor of the purchasing of furniture; calls on the Agency to integrate such checks in its ex-ante controls, before signing and sending the order forms;
Amendment 31 #
2020/2172(DEC)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Welcomes the Agency’s action following the Court’s observation from 2017 so that it now publishes vacancy notices on the website of the European Personnel Selection Office in addition to on its own website and on social media;
Amendment 5 #
2020/2158(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the fact that Eurojust was faced with a decrease in its budget from EUR 47 to 44 million (-6.38%) and merely a slight increase in staff from 238 to 239 (+0.4%) despite a 17% increase in workload compared to 2018; reminds that the workload is expected to increase further due to the new, strengthened, mandate which entered into force in 20191 ; further recalls that the number of coordination centres held in 2019 increased from 17 to 20 (+19%), demonstrating the popularity and utility of this operational tool; stresses the essential role that Eurojust plays in the Union security chain and maintains that its budget should match its tasks and priorities in order to enable it to fulfil its mandate; _________________ 1Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32018 R1727
Amendment 8 #
2020/2158(DEC)
4. Notes that an outstanding observation from 2018, namely, the use of a negotiated procurement procedure is still to be justified; welcomes the Agency's action following the Court's observation from 2017 so that it now publishes vacancy notices on the website of the European Personnel Selection Office in addition to its own website and on social media;
Amendment 4 #
2020/2153(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates its concern that the Court has identified a horizontal trend acrossrecurrent shortcoming applying to several agencies in the use of external staff hired in IT consultancy roleand interim workers; calls for the dependency on external recruitment in this important area to be addressed; notes the pending case before the CJEU as regards the use of interim workers by EMCDDA, and for applicable labour law to be respected; welcomes that the Centre's reply that it has reassessed its policy for use of temporary workers with a view to further rationalise the latter is in line with its operating needs and the relevant legal framework; notes the pending case before the CJEU1a, which addressinges several questions concerning the application of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency workers to EU agencies; _________________ 1a C-948/19 Manpower Lit.
Amendment 3 #
2020/2152(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the role of the Fundamental Rights Agency (‘FRA’ or ‘the Agency’) in helping to ensure that the fundamental rights of people living in the Union are promoted and protected; recalls the importance of the Agency in promoting the reflection on the appropriate balance between security and fundamental rightsfundamental rights' impact on security policy; highlights, in particular, the value of the Agency’s studies and opinions for the development and implementation of Union legislation;
Amendment 6 #
2020/2152(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Court of Auditors (‘the Court’) has declared the transactions underlying the annual accounts of the Agency for the financial year 2019 to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly presented; deplores the fact that the budget of the Agency ofdecreased from EUR 30 million decreased in 20198 to EUR 29 million in 2019and notes the slight staff increase from 110 to 114 in 2019during the same time;
Amendment 8 #
2020/2152(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the levels of commitment carry-overs for operational expenditure once again remained high at 60 %, which is a lower percentage than in 2018, but still indicates a structural problem; calls on the Agency to further improve its financial planning and its implementation cycles; welcomes that the Agency has in the meantime implemented a new project management tool to better sustain the high amount of data and that this is expected to enable the Agency to better estimate its carry-overs to meet its stated Key Performance Indicators; recommends a re-evaluation of the situation until the percentage of carry- overs is reduced to an acceptable level;
Amendment 12 #
2020/2152(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes that the Agency has attained 100% of the budgetary execution for committed appropriations and that it has surpassed its outturn target with a result of 99.43%;
Amendment 14 #
2020/2152(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the progress madeintroduction of e- tendering by the Agency in relation toline with the recommendations of the Court on the introduction of e-tendering; calls on the FRA to step up its efforts regarding the outstanding recommendation on e- submission while acknowledging that this is not solely under the control of the Agency.
Amendment 16 #
2020/2152(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the launch of the European Union Fundamental Rights Information System (EFRIS) for the more systematic use of assessments of the Union’s and Member States’ international human rights obligations, also following the encouragement of the Parliament to develop such a tool;
Amendment 22 #
2020/2152(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes the implementation of the Agency’s Anti-Fraud Strategy throughout 2019 with a special focus on the provisions of FRA guidelines on whistleblowing; encourages the Agency to continue its work in this regard.
Amendment 1 #
2020/2136(INI)
Motion for a resolution
Citation 1
Citation 1
— having regard to the Treaty on European Union (TEU), and in particular Article 50 and Article 8 thereof,
Amendment 3 #
2020/2136(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the Commission Declaration for the European Parliament plenary of 16 April 2019;
Amendment 4 #
2020/2136(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to European Council Decision (EU) 2018/937 of 28 June 2018 establishing the composition of the European Parliament,
Amendment 5 #
2020/2136(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
— having regard to the judgment of the Court of Justice of the European Union of 10 December 2018, Andy Wightman and Others v Secretary of State for Exiting the European Union, case C- 621/18,
Amendment 6 #
2020/2136(INI)
Motion for a resolution
Citation 11 c (new)
Citation 11 c (new)
Amendment 7 #
2020/2136(INI)
Motion for a resolution
Citation 11 d (new)
Citation 11 d (new)
— having regard to the study commissioned by the European Parliament Policy Department for Citizens' Rights and Constitutional Affairs, entitled ”Interpretation and implementation of Article 50 TEU – Legal and institutional assessment”, March 2021,
Amendment 8 #
2020/2136(INI)
Motion for a resolution
Citation 11 e (new)
Citation 11 e (new)
— having regard to the Good Friday or Belfast Agreement of 10 April 1998 between the Government of the United Kingdom, the Government of Ireland and the other participants in the multi-party negotiations (the "Good Friday Agreement"),
Amendment 9 #
2020/2136(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. Whereas the objective of this report is to analyse the way in which the provisions of Article 50 of the TEU were interpreted and applied, and the way the procedure of withdrawal of the UK from the EU under that Article was organised and conducted, including the lessons drawn for EU law and the functioning of the European Union.
Amendment 10 #
2020/2136(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. Whereas the reflection on the implementation of Article 50 contributes to a better understanding of key components of the EU constitutional identity, the principles underpinning the European integration, the importance of the decision making autonomy and the right to regulate, to be taken into account in future treaty change;
Amendment 14 #
2020/2136(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the Vienna Convention on the Law of Treaties (VCLT) is not directly applicable to the TEU as the EU is not a party to the Convention;
Amendment 21 #
2020/2136(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas Article 50 of the TEU does not impose any formal requirements regarding the notification of the intention to leave the Union or its revocation, the extension of the period of two years set out under Article 50(3) of the TEU, and does not explicitly provide for the possibility of transitional arrangements,
Amendment 24 #
2020/2136(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas, in its judgment of 10 December 2018, in case C-621/18, the Court of Justice determined the conditions under which the withdrawing Member State may revoke unilaterally the notification of its intention to withdraw from the Union,
Amendment 25 #
2020/2136(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas Article 50 of the TEU is not clear as regards the application of parts of Article 218 of the TFEU other than its paragraph 3,
Amendment 26 #
2020/2136(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas the application of Article 50 of the TEU underlines that EU membership is voluntary and that a Member State cannot be forced to stay or leave, whereas the decision to withdraw from the Union is made in line with the withdrawing state’s internal constitutional order;
Amendment 30 #
2020/2136(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Article 50 of the TEU confers on the Union institutions the exceptional horizontal competence to negotiate an agreement covering all matters necessary to arrange the withdrawal of a Member State;
Amendment 37 #
2020/2136(INI)
Motion for a resolution
Recital G
Recital G
G. whereas under the TEU, EU citizens are directly represented at Union level in the European Parliament;
Amendment 38 #
2020/2136(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas Parliament is part of the decision-making procedure under Article 50 of the TEU and exercises general political control, as provided for in Article 14 of the TEU;
Amendment 40 #
2020/2136(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the withdrawal of the UK had an impact on the composition of the European Parliament as provided for in Article3(2) of European Council Decision (EU) 2018/937,
Amendment 45 #
2020/2136(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the Union institutions have undertaken all efforts not to politicise the process of withdrawal, but the withdrawal under Article 50 of the TEU is nevertheless inherently political as it stems from and is influenced by fundamental choices regarding membership of the EU and/or the relationship with the EU;
Amendment 46 #
2020/2136(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas after the entry into force of the Withdrawal Agreement the only legal path for a re-accession to the EU is on the basis of Article 49 of the TEU;
Amendment 47 #
2020/2136(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas Article 8 of the TEU emphasises the special relationship of the EU and its neighbouring countries;
Amendment 48 #
2020/2136(INI)
Motion for a resolution
Recital I d (new)
Recital I d (new)
Id. whereas, according to the European Parliament’s rules of procedure, the Committee on Constitutional Affairs is responsible for the institutional consequences of withdrawal from the Union;
Amendment 49 #
2020/2136(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
Amendment 51 #
2020/2136(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that the withdrawal of aone of its Member States has been an unprecedented and extremely critical process for the European Union;
Amendment 58 #
2020/2136(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that the historical importance for EU membership of the UK’s withdrawal did not and does not deviate the Union from its integration process, as the Article 50 provides guarantees to the EU legal order and protects fundamental goals of the European integration;
Amendment 62 #
2020/2136(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the provisions of Article 50 of the TEU and the way in which they were interpreted and implemented reflect and uphold the common values and the goals that are at the foundation of the Union, in particular freedom, democracy and the rule of law;
Amendment 65 #
2020/2136(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that Article 50 of the TEU has met its objectives of preserving the sovereign right of a Member State to withdraw from the European Union, thus confirming explicitly the voluntary nature of EU membership, and of ensuring the orderly withdrawal of the UK from the Union, while allowing for the subsequent building of an enhanced relationship between the EU and the UK as a third country;
Amendment 66 #
2020/2136(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 77 #
2020/2136(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the clear division of tasks among the institutions and the unprecedented inclusive and transparent approach adopted byof the Commission and its Chief Negotiator were paramount in maintaining coherence and unity within the EU and in promoting the EU’s priorities and interests in the negotiations, and safeguarding the integrity of the legal order of the Union;
Amendment 79 #
2020/2136(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Commends the main institutional actors for having safeguarded the unity among the 27 Member States as well as within and among the Union institutions respecting the nature of the withdrawal as a Union process;
Amendment 80 #
2020/2136(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Believes that the Union’s interest has prevailed thanks to strategic organisation and conditionality between the different stages of the procedure, in particular through the sequencing of the negotiations, and the conditions linked to the extension, to the transition period, as well to the start of the second phase of talks on a new and close partnership between the EU and the UK on the basis of substantial progress in the negotiations on citizens’ rights, Republic of Ireland and Northern Ireland and the financial settlement;
Amendment 81 #
2020/2136(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Appreciates that the chapter on citizens’ rights of the withdrawal arrangements was agreed rather early in the negotiations, and the initial version of the draft Withdrawal Agreement of 19 March 2018 contained an entirely agreed Part Two on citizens’ rights, including on the direct effect of its provisions, and on the jurisdiction of the Court of Justice on the relevant provisions on citizens’ rights;
Amendment 82 #
2020/2136(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Stresses that the Union has clearly identified from the outset as issues of the European Union as a whole the specific circumstances of the island of Ireland and the need to safeguard the Good Friday Agreement and mitigate the effects of the United Kingdom’s withdrawal on the Republic of Ireland;
Amendment 83 #
2020/2136(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Considers that the time-limited transitional period with continued application of existing EU regulatory, budgetary, supervisory, judicial and enforcement instruments and structures following the withdrawal was in the interest of both parties and facilitated the negotiation of and bridging to the future relationship;
Amendment 84 #
2020/2136(INI)
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
Amendment 87 #
2020/2136(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes, nevertheless, that the withdrawal process was characterised by hesitancyvolatility, on the part of the UK, leading to protracted uncertainty from the outset, reflected in the time gap between the referendum and the withdrawal notification under Article 50 of the TEU, and until the end of the negotiations, due to; Considers that raising the spectre of a no-deal withdrawal amounted to brinkmanship and gravely endangered the prospects of an orderly withdrawal;
Amendment 96 #
2020/2136(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is of the view that the provisions of Article 50 of the TEU on the notification and extension of the period under Article 50(3) of the TEU have been handled in a sufficiently flexible manner to respond to the political vacillations and inconsistencies of the successive UK governments, while preserving the integrity of the withdrawal process and upholding the legal order of the Union;
Amendment 97 #
2020/2136(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Recalls that the decision to withdraw is the sovereign right of a Member State and that the Union is obliged to acknowledge the intention of that state; reminds that Article 50 of the TEU does not specify and therefore places no constraints on the form of notification of the intention to withdraw; believes in this context that the conduct of a Member State not respecting EU law and/or expressing its intention to not apply the EU Treaties, not recognise the jurisdiction of the European Court of Justice and not respect its judgements are a clear rejection of the obligations linked to EU membership;
Amendment 98 #
2020/2136(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Points out that the withdrawal from the European Union is by nature a complex process, and that the political choices of the withdrawing Member State regarding its future relations with the Union can add to such complexity;
Amendment 99 #
2020/2136(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
Amendment 102 #
2020/2136(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes, in this regard, that if an agreement is not reached, the withdrawal becomes effective two years after notification of the Council, in accordance with Article 50 (3) of the TEU; emphasises that there are no provisions in the Treaty to tackle a no-deal scenario;
Amendment 103 #
2020/2136(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Reiterates the importance of the work undertaken by the Commission and the Member States at all levels of public administration and in reaching out to citizens and private sectors, in terms of awareness raising and preparation, through the publication of a great number of specific stakeholder preparedness notices, and the timely adoption of unilateral and temporary contingency measures;
Amendment 104 #
2020/2136(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
Amendment 105 #
2020/2136(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Notes that the Treaty does not specify any substantive requirements on the guidelines of the European Council under Article 50(2) of the TEU, or regarding the framework for the future relationship between the withdrawing Member State and the Union and its link with the withdrawal arrangements;
Amendment 106 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – introductory part
Paragraph 11 – introductory part
11. Considers that Article 50 of the TEU strikes a balance between ensuring a legally sound withdrawal process and safeguarding the political flexibility necessary for adaptation to the specific circumstances; believes, however, that, in the framework of a future reform of the Treaty, the opportunity of remedying some of the loopholes identified in Article 50 of the TEU could be assessed, with particular regard tocomplexity of the withdrawal process and the far-reaching nature of its consequences are disproportional in relation to the lack of detail of the provisions of Article 50 of the TEU, including on the following aspects:
Amendment 113 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 1
Paragraph 11 – indent 1
- delimited requirements for the extension of the period of two years set out under Article 50(3) of the TEU,
Amendment 117 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 1 a (new)
Paragraph 11 – indent 1 a (new)
- the formal requirements of the notification of the intention to leave,
Amendment 120 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 2
Paragraph 11 – indent 2
- a legal basis and strict conditions forthe transitional arrangements,
Amendment 125 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 3
Paragraph 11 – indent 3
- explicit conditions for the revocation of the notification of the intention to leave,
Amendment 129 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 4
Paragraph 11 – indent 4
- clarification of the application of the provisions of Article 218 of the TFEU, notably on the role other than its paragraph 3, and in particular on the role of the European Parliament and of the Court of Justice of the European Union in the procedure;
Amendment 133 #
2020/2136(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes, furthermore,Regrets that the withdrawal of the UK from the Union entailed the departure of an entire community of EU citizens; believes that the withdrawal provisions of the Treaty should, as much as possible, ensure legal certainty for the vast number of EU citizens affected by the withdrawal, setting out minimum standards for the protection of their rights obtained on the basis of EU law;
Amendment 138 #
2020/2136(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 144 #
2020/2136(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Emphasises that the European Parliament played a pivotal role in the entire process of the withdrawal, contributing actively with duly substantiated resolutions to the identification of strategies and to the protection of the interests and priorities of the EU and its citizens, since the run-up to the UK referendum on EU membership; recalls in this regard that the contribution of Parliament was structured mainly through the Brexit Steering Group (BSG), created by the Conference of Presidents on 6 April 2017, with the support and close involvement of Parliament’s committees and the Conference of Presidents;
Amendment 146 #
2020/2136(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses that the Parliament was mobilised as a whole and in unison in the monitoring of the process of withdrawal, both through its political bodies and through its committees, which were called to identify from early on the impact of the UK’s withdrawal on the policy areas and legislation in their respective fields of responsibility; reiterates the importance of the continuous involvement of the committees responsible for sectoral policies during the negotiations; commends the long and exhaustive preparatory work undertaken by the committees in gathering evidence, advice and expertise through hearings, workshops and studies on all issues related to the withdrawal or the future relationship between the EU and the UK;
Amendment 147 #
2020/2136(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Recalls that the European Parliament has engaged in active dialogue with citizens and organisations representing them, through auditions and meetings organised by parliamentary committees and the BSG, who have striven to give a voice to their concerns and expectations during the withdrawal process;
Amendment 149 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Reminds that according to Article 50 (4) of the TEU, the member of the European Council or of the Council representing the withdrawing Member State cannot participate in the discussions of the European Council or Council or in decisions concerning the process of withdrawal, while the Members of the European Parliament (MEPs) elected in the withdrawing Member State continue to be MEPs with all their rights and obligations intact until the withdrawal becomes effective;
Amendment 150 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Recalls the central role of the Union negotiator in liaising and creating remarkable unity between the Union’s institutions and the 27 Member States;
Amendment 151 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Recognises the unprecedented nature of inter-institutional cooperation and transparency in the implementation of the Article 50 of the TEU, including the working methods and structures involved in the negotiations, the information channels, the publication of negotiating documents and the participation in meetings, and in particular in Sherpa meetings and meetings of the General Affairs Council;
Amendment 152 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Acknowledges the relevance of the core principles proposed by the European Parliament and introduced by the European Council in its successive negotiation guidelines, and subsequently implemented in the negotiations: - Protecting citizens’ rights derived from their status as EU citizens; - Acting in the interest of the Union and preserving its constitutional integrity and the autonomy of its decision-making; - Safeguarding the role of the Court of Justice of the European Union; - Preserving the financial stability of the Union; - Defending the withdrawing state’s enjoyment of all the rights and fulfilment of all the obligations deriving from the Treaties, including the principle of sincere cooperation; - Defending the clear difference in status between Member States and non-member States, as a state having exited the Union cannot have the same rights and obligations as a Member State;
Amendment 153 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Continues to support fully the abovementioned principles;
Amendment 154 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 f (new)
Paragraph 14 f (new)
14f. Is of the opinion that the abovementioned principles reach beyond the context of Article 50 of the TEU, as they underpin European integration and have become key elements of the EU constitutional identity and EU legal order even though they are not part of the treaty;
Amendment 155 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 g (new)
Paragraph 14 g (new)
14g. Notes that in this respect, the Article 50 of TEU exit procedure has led both the EU and its Member States to reaffirm the Union’s constitutional identity;
Amendment 156 #
2020/2136(INI)
Motion for a resolution
Paragraph 14 h (new)
Paragraph 14 h (new)
Amendment 158 #
2020/2136(INI)
15. Reiterates that, until a withdrawal agreement enters into force or, failing that, the two-year period mentioned in Article 50(3) of the TEU has elapsed, the withdrawing State remains a Member State, and enjoys all the rights and is under all the obligations deriving from the Treaties without exception, including the principle of sincere cooperation laid down in Article 4(3) of the TEU, as well as the obligation to hold elections to the European Parliament and to appoint its representatives in the institutions and bodies of the Union;
Amendment 161 #
2020/2136(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 175 #
2020/2136(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Emphasises in this regard that while the Article 50 process is concluded once the withdrawal from the EU becomes effective, the actual unwinding of EU membership and implementation of the withdrawal agreement is a long term process; Reaffirms in this context that Parliament will play its full role in the monitoring of the implementation of the Withdrawal Agreement;
Amendment 176 #
2020/2136(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
Amendment 180 #
2020/2136(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that Article 50 of the TEU addresses and allows to solves the procedural aspect of a Member State’s withdrawal, but does not solve the significant political and economic consequences and disruptive effects of the withdrawal of a Member State from the EU;
Amendment 182 #
2020/2136(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
Amendment 184 #
2020/2136(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reiterates its call for an in-depth reflection on the withdrawal of the UK from the European Union, and on its impact on the future of the EU; believes that such a reflection should ensure an open and broadened dialogue on the reforms that the Union needs in order to reinforce democracy and the capacity to deliver on citizens needs and expectations; recalls in this context that the Union has embarked on an unprecedented process of reflection on its future in the framework on the Conference of the Future of Europe;
Amendment 194 #
2020/2136(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that it is the responsibility and role of the Union and its Member States to prevent the repetition of a withdrawal from the EUserve the nature of the European integration through their commitment to the European values and principles, including loyal cooperation principle and to prevent the repetition of a withdrawal from the EU; regrets in this context the restraint and limited engagement of the European Parliament and its committees in the run-up to the UK referendum which did not allow to improve access of the European citizens of UK to the information on the functioning of the EU and implications of withdrawal process; calls on Member States to consistently provide wide- reaching information to EU citizens on the functioning of the European Union, its areas of action and its decision-making processes; considers that for this purpose the Conference on the Future of Europe offers an opportunity for enhanced dialogue with citizens and civil society on the European Union and how it should evolve;
Amendment 1 #
2020/2133(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the Treaty on European Union (TEU), in particular Articles 9 and 10, 15(3)3, 14, 15,16 and 17(3) thereof,
Amendment 2 #
2020/2133(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the special report 13/2019 of the European Court of Auditors on the ethical frameworks of the audited EU institutions
Amendment 5 #
2020/2133(INI)
Motion for a resolution
Citation 13
Citation 13
— having regard to the recommendations of Transparency Intthe Organisation for Economic Co-Opernational and Development (OECD), the Council of Europe’´s Group of States against Corruption (GRECO), and the Organisation for Economic Co-operation and Development (OECD)various NGO´s,
Amendment 7 #
2020/2133(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the TEU stipulates that ‘the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies and agencies’; whereas this implies that public decisions are taken in the interest of the common good and notthat conflicts of interests - which occur, according to the definancial power of individual actors; ition of the OECD "when an individual or a corporation (either private or governmental) is in a position to exploit his or their own profession or official capacity in some way for personal or corporate benefit" - should be avoided in the legislative process and whereas any definition of conflict of interest has a contextual and evolving nature and full transparency does not necessarily guarantee the absence of any conflict of interest, nor does it guarantee that public trust will be won or decreased;
Amendment 10 #
2020/2133(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the Treaties have established a system of division of powers between the institutions of the Union that assigns to each institution its own role within the institutional structure of the Union and in the performance of the tasks entrusted to it;
Amendment 15 #
2020/2133(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the European Court of Auditors has stated in its special report 13/2019 1a on the ethical framework of the EU that Parliament, Council and Commission "have to a large extent adequate ethical frameworks in place for both staff and Members". _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/SR19_13/SR_ethical_frameworks _EN.pdf
Amendment 18 #
2020/2133(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas nevertheless the enforcement of the ethical framework could be improved;
Amendment 22 #
2020/2133(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the shortcomings of the current EU ethics framework derive largely from the fact that it relies on a self-regulatory approach and lacks adequate human and financial resources and competences to verify informany further evolution of the EU ethics framework must have a clear legal basis while respecting the separation of powers as laid down in the Treationes;
Amendment 24 #
2020/2133(INI)
Motion for a resolution
Recital D
Recital D
Amendment 27 #
2020/2133(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, as a consequence, multiple cases of unethical conduct and their inadequate handling by the EU institutions have harmed every incidence of unethical behaviour can endanger the trust which European citizens place in the EU institutions;
Amendment 32 #
2020/2133(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the current ethics standards frameworks appearse to be highly fragmented, with different rules in different institutions, creating a complex system which is difficult for both EU citizens and for those who have to respect the rules to understandailored according to the specificities of each European institutions;
Amendment 35 #
2020/2133(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the balance of powers assigned to the institutions is a fundamental guarantee afforded by the Treaty to European citizens;
Amendment 36 #
2020/2133(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Meroni doctrine developed by the Court of Justice of the European Union (CJEU) allows for the delegation of EU institutions’ competences to external bodies; under strict conditions; whereas according to the court any delegation of competences must be limited and can only relate to clearly defined executive powers, the use of which must be entirely subject to the supervision of the high authority and cannot concern discretionary powers involving any political judgement in order not to jeopardise the balance of powers between the institutions;
Amendment 39 #
2020/2133(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas, following the preceding considerations, the legal margin for overarching rules applied to individual institutions with a common application is very narrow;
Amendment 40 #
2020/2133(INI)
Motion for a resolution
Recital G
Recital G
Amendment 43 #
2020/2133(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Underlines that all EU institutions have to meet the highest standards of independence and impartiality while stressing each institution´s right of organisational sovereignty;
Amendment 44 #
2020/2133(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. Recalls that Members of Parliament´s freedom of the mandate is in the interest of the citizens they represent;
Amendment 45 #
2020/2133(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Amendment 46 #
2020/2133(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
G d. Points out that all staff in the institutions is covered by the EU staff regulations of officials of the European Union (EUSR) and conditions of employment of other servants of the European Union (CEOS);
Amendment 47 #
2020/2133(INI)
Motion for a resolution
Recital G e (new)
Recital G e (new)
G e. Recalls that the Treaty on European Union and the Treaty on the Functioning of the European Union set out a European governance framework based on the separation of powers, laying down distinct rights and obligations for each institution;
Amendment 48 #
2020/2133(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
G f. Points out that based on the principle of conferral, institutions cannot delegate by means of an interinstitutional agreement, powers which they themselves do not have, for instance where such powers are conferred by the Treaties on the Court of Auditors or have remained with the Member States;
Amendment 49 #
2020/2133(INI)
Motion for a resolution
Recital G g (new)
Recital G g (new)
G g. Recalls furthermore that one of Parliament´s primary functions as laid down in the Treaty on European Union is to exercise political control;
Amendment 50 #
2020/2133(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 57 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Principles Considers that any option under discussion for improving transparency and integrity in the EU institutions must be respectful of the following principles: - the principle of sound financial management, ensuring the efficient and effective management of Union ressources - the principles of conferral and separation of powers - the freedom to choose an occupation and the right to engage in work as stipulated by article 15 of the Charter of Fundamental rights of the European Union - rule of law and fundamental European principles such as the presumption of innocence, the right to be heard, the principles of legality and proportionality - Freedom of the mandate of Members of European Parliament
Amendment 58 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Further stresses that any option under discussion requires a solid legal base for the constitution and for any competences to be assigned;
Amendment 59 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Insists that any option under discussion requires a clear definition of the mandate, composition and competences none of which must duplicate or interfere with the work of OLAF, the European Ombudsman, the European Court of Auditors or the European Court of Justice;
Amendment 60 #
Amendment 61 #
2020/2133(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Underlines that the principle of separation of powers is the foundation pillar of modern democracy; considers it imperative for the legislative to control the executive, as any reversal of the roles and powers of the legislative and executive would otherwise endanger the independence of the free mandate of elected Members of Parliament;
Amendment 62 #
2020/2133(INI)
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
Stresses that any option under discussion for improving transparency and integrity in the EU institutions can neither, based on primary law, issue any decision on whether a criminal offense has been committed, nor impose any sanctions, nor impose any administrative measures intended to avoid or clean up accidental or negligent non-compliance with the rules;
Amendment 63 #
2020/2133(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
Highlights that any option under discussion for improving transparency and integrity in the EU institutions which is to regulate the grey area in between can only have an advisory function for the institutions concerned;
Amendment 64 #
2020/2133(INI)
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
Insists that any decisions on measures to be taken or sanctions to be imposed can only be taken by the competent bodies of the institutions themselves;
Amendment 65 #
2020/2133(INI)
Motion for a resolution
Subheading 1 e (new)
Subheading 1 e (new)
Recalls that distinction must be made between a conflict of interest arising during or after the exercise of a function and the importance to distinguish between the two and recalls furthermore to distinguish between acts that authorised if declared and acts that are not authorised at all.
Amendment 66 #
2020/2133(INI)
Motion for a resolution
Subheading 1 f (new)
Subheading 1 f (new)
Suggests that each institution concludes agreements on exchange of information with the Member States respecting the framework of the separation of powers;
Amendment 70 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Considers that the new EU Ethics Body should be delegated a list of competences to implement ethics rules for Members and staff; takes the view that this list should include by way of a minimum the competences provided for in:any options under discussion for improving transparency and integrity in the EU institutions should only have advisory competences for the members of the institutions;
Amendment 72 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
Amendment 73 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
Amendment 76 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
Amendment 79 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 4
Paragraph 2 – indent 4
Amendment 82 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 5
Paragraph 2 – indent 5
Amendment 87 #
2020/2133(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 94 #
2020/2133(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the IIAany cooperation agreement between the institutions should be open to the participation of allother EU institutions and bodies; believes that the IIA should allow the Ethics Body to conclude agreements with national authorities with a view to ensuring the exchange of information necessary for the performance of its task in order to agree on common measures which can be implemented in respect of the division of powers;
Amendment 100 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 101 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the participating institutions should entrust the EU Ethics Body with monitoring powers over ethics standards, as well as advisory, investigative and enforcement powersany options under discussion for improving transparency and integrity in the EU institutions has to be respectful of the balance between the institutions as established by the treaties, underlines that it must not replace, substitute or interfere with the responsibilities and prerogatives of each institution and points out that given these considerations, the decision-making powers must remain within the respective institutions, hence only a body with advisory function able to issue non- binding recommendations is conceivable;
Amendment 109 #
2020/2133(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 120 #
2020/2133(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 126 #
2020/2133(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 130 #
2020/2133(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that requesting tax documents and bank records are interventions in private law, for which there must be serious allegations that enter in competence of OLAF;
Amendment 134 #
2020/2133(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that in relation to its enforcement powers, the body could take over from the Appointing Authority in dealing with staff ethics obligations, and that in relation to Members of Parliament or Commissioners, the body couldannot be granted enforcement powers within the limits of the provisionssince this transferral of powers would countained in the Treaties, and without prejudice to any additional mechanisms provided for in Parliament’s Rules of Procedure, in particular concerner the separation of powers laid down ing termination of officehe Treaties;
Amendment 142 #
2020/2133(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that thesuch an EU Ethics Body should be entrusted with advisory tasks in order to provideto improve the enforcement of existing provisions in the EU institutions in order to provide reliable and trustworthy advice to any individual possibly covered by its scope who wishes to request interpretation of an ethical standard in relation to appropriate conduct in a specific case;
Amendment 150 #
2020/2133(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. BelievUnderlines that the decision on the absence of conflicts of interest of designated Commissioners-designate should remain a competence of Parliament’s Committee on Legal Affair remains a political and institutional competence of the European Parliament and its bodies, while thesuch an EU Ethics Body shcould support the process with the publication of itsits non-binding analysis of each individual case and make its investigative capacities available;
Amendment 153 #
Amendment 154 #
2020/2133(INI)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Recalls that the competent bodies in the institutions are regulated by law and that the composition of the competent body in the European Parliament could be made up of MEPs and former MEPs, such an EU Ethics Body may be composed of Members or former Members of the institutions;
Amendment 155 #
2020/2133(INI)
Motion for a resolution
Subheading 3 b (new)
Subheading 3 b (new)
Amendment 164 #
2020/2133(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that its members must be independent, chosen on the basis of their competence, experience and professional qualities, as well as their personal integrity, have an impeccable record of ethical behaviour and provide a declaration of the absence of conflicts of interest; is of the opinion that the composition of the body should be gender-balanced; underlines that all member shall be independent in the performance of their duties;
Amendment 176 #
2020/2133(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. InsistsRecommend that the college be supported by a secretariat with the human, material and financial resources commensurate with its mandate and tasks in accordance with the principles of sound financial budget management;
Amendment 181 #
Amendment 182 #
2020/2133(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes a two-stepn approach whereby, in the event that thesuch an EU Ethics Body becomes aware of a breachdeals with a breach of conduct or possible breach of ethics rules, it first recommends actions to put an end to the breach; considers that ithis first preventive step should ensure confidentiality and the right of the person to be heard; suggests that in the event that the individual concerned refuses to take the appropriate actions, the EU Ethics Body should make relevant information about the case publicly available and decide, if appropriate, on sanctions; considers that this two-step approach should apply provided that there are no reasonable grounds to believe that the individual acted in bad faith and recommends that intentional breach, gross negligence, the concealment of evidence and non- compliance with the obligation to cooperate should be, as such, subject to sanctions, even when the breach itself has ceaseto be heard;
Amendment 192 #
Amendment 193 #
2020/2133(INI)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Amendment 194 #
2020/2133(INI)
Motion for a resolution
Subheading 5 b (new)
Subheading 5 b (new)
Insists that the procedures laid down in the Treaties must be applied, such as the transfer of investigations by the European Court of Auditors to OLAF and to the European Court of Justice;
Amendment 197 #
2020/2133(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that the EU Ethics Body should publish an annual report containing both information about the fulfilment of its tasks and, where appropriate, recommendations for improving ethics standardsto be presented to the European Parliament;
Amendment 204 #
2020/2133(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Insists that the decisions of thean EU Ethics Body should bcannot issue legally binding, reviewable before the CJEU and subject to possible complaints to the EU Ombudsma decisions, since no institution can delegate decision- making authority to another institution;
Amendment 10 #
2020/2098(REG)
Proposal for a decision
Paragraph 2
Paragraph 2
2. Stresses that the sanitary crisis caused by the Covid-19 pandemic has revealed that its Rules of Procedure did not providrequire fmor all appropriate measures in order to facilitate thee developed procedures in order to ensure the unlimited functioning of Parliament in different types of extraordinary circumstances;
Amendment 11 #
2020/2098(REG)
Proposal for a decision
Paragraph 3
Paragraph 3
3. Takes notUnderlines the importance of the temporary measures adopted, in compliance with the rule of law, by its President and its governing bodies in the current sanitary crisis, in order to cope with such extraordinary circumstances; underlinstresses that there were no alternatives to those measures were neein ordedr to guarantee the continuity of Parliament’s business, as required by the Treaties, and that they allowinged Parliament to carry out its legislative, budgetary and political control functions during the crisis in accordance with the procedures provided for by the Treaties;
Amendment 13 #
2020/2098(REG)
Proposal for a decision
Paragraph 4
Paragraph 4
4. RecogniStresses that those temporary measures were fully justified and that they ensured the validity of all votes taken during their period of application;
Amendment 28 #
2020/2088(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the higher turnout was ultimately linked toshould not divert our attention from the gains by Eof eurosceptics, which should be considered as a warning for European integration, especially in several founding Member States where far-right extremists and anti-European forces won the electionspopulist and nationalist movements; whereas many of these radical forces from left to right are against the EU integration project;
Amendment 32 #
2020/2088(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the higher turnout is also a sign that EU citizens want the EU to act swiftly and effectively on important matters such as climate change, migration, protection of fundamental rights and democratisation;
Amendment 35 #
2020/2088(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas we need to be more efficient and proactive in taking advantage of all means of communication, including digital technology, to foster a strong link between European political decisions and constituents’ sense of connection to EU institutions;
Amendment 56 #
2020/2088(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the amendedParliament should pursue its proposals for amendments to the Electoral Act, still pending ratification by some Member States, already requires further improvements (i.e. regarding parental leave for MEPs)with renewed vigour and to push for unified European electoral rules;
Amendment 70 #
2020/2088(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the 2019 elections failed to culminate in the choice of a Commission President from among the various Spitzenkandidaten, resulting in a backward step from the process which was established in 2014;
Amendment 78 #
2020/2088(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the Spitzenkandidaten process has yet to be fully developed; whereas it lacks, among other things, the possibility for Spitzenkandidaten to stand as official candidates in all Member States on transnational lists, allowing all European voters to choose and vote for their preferred Spitzenkandidatimproved, allowing all European voters to know who are the candidates to the presidency of the European Commission and how they were chosen by European political parties; whereas Parliament raised this issue in its decision of 7 February 2018 on the revision of the Framework Agreement on relations between the European Parliament and the European Commission15 ; ; _________________ 15 Texts adopted, P8_TA(2018)0030.
Amendment 84 #
2020/2088(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Spitzenkandidaten system needs to be improved and formalised in the EU’s primary law after an in-depth institutional reflectionaddressed and reflected upon in the Conference for the Future of Europe; whereas this reflection should also include the de facto political role of the Commission and its President and any related changes to the decision-making process of the Union;
Amendment 88 #
2020/2088(INI)
Motion for a resolution
Recital M
Recital M
M. whereas institutional improvements such as transnational lists, as acknowledged by Parliament in its resolution of 7 February 2018 on the composition of the European Parliament, or the transformation of the Council into a second legislative chamber of the Union, as proposed in its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union, would radically transform the European elections into one true European election,are needed in order to achieve a true European political sphere as opposed to the collection of 27 separate national electiondebates that it is today;
Amendment 94 #
2020/2088(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. Whereas proposal such as the "transnational lists" or the transformation of the Council into a second legislative chamber are still under discussion; whereas none of them count currently with a majority support; Whereas the upcoming Conference on the Future of Europe provides a true opportunity to discuss these issues and other institutional reforms; Whereas the success of the Conference will crucially depend on the agenda, the involvement of the citizens and the European Council's willingness to implement results;
Amendment 109 #
2020/2088(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas European political parties and foundations are the primary facilitators of a successful European political debate, both during and beyond European elections and should be rendered more visible;
Amendment 125 #
2020/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the higher turnout in the 2019 European elections; considers that this shows that an increasing proportion of citizens consider the EU to be the appropriate level at which to address the challenges of our time such as climate change and environmental concerns, social and gender inequalities, sustainable growth, and geopolitical concerns such as migration and foreign policyas economy and sustainable growth, public health, climate change and environmental protection, digital revolution, the promotion of freedom, human rights and democracy, social and gender inequalities, migration and demography, security and the role of the EU in the world; urges all the European institutions, therefore, to take responsibility and to act upon the mandate they have been given, directly or indirectly, by the citizens; regrets both the lack of decisiveness by the Council and the lack of clear intent to achieve solutions based on a common approach;
Amendment 135 #
2020/2088(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. DeplorWelcomes the fact that the outcome of the elections did not lead togender balance in Parliament has improved over the last elections; Stresses however that there is still room for further improvements in order to achieve a genuine gender -balance ind Parliament; calls on the Commission, in cooperation with Parliament and other bodies such as the Venice Commission, to formulate recommendations to Member States with a view to increasing the representation of women in the European Parliament;
Amendment 158 #
2020/2088(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinion that the reason whyAcknowledges that the Spitzenkandidaten process failed to produce a President of the European Commission after the 2019 elections is because no improvements were made to it following the experience of 2014; intends to strengthen the democratic process for choosing the Commission President before the next European elections of 2024;
Amendment 165 #
2020/2088(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the up-comingCalls for the swift adoption of the joint declaration of the three European institutions on the Conference on the Future of Europe, recalls the commitment by the Commission President to address the issue of transnational lists and the Spitzenkandidaten process as the priority institutional issues during the Conference;
Amendment 173 #
2020/2088(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition; recommends that the election procedure be reversed so that Parliament proposes and elects the President of the Commission, after obtaining the consent of the European CouncilRecalls the commitment by the Commission President to address the issue of the Spitzenkandidaten process and transnational lists in the context of the Conference on the Future of Europe; Stresses that the election of the Commission President depends on a majority of Parliament’s members, which de facto requires the formation of a coalition, as shown in the election of July 2019 of the von der Leyen Commission;
Amendment 186 #
2020/2088(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the outcome of the European elections has reinforced the political dimension of the election of the European Commission, and therefore the need for more accurate and objective scrutiny of the declarations of interests of the Commissioners-designate; calls for the creation of an independent body, endowed with the appropriate means, to have this scrutiny included in its responsibilitiesstrengthening of this scrutiny before, during and after the mandate of the Commissioners-designate by reinforcing the role of the already existing Independent Ethical Committee;
Amendment 190 #
2020/2088(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 203 #
2020/2088(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Insists that all European voters should be allowed to vote for their preferredbe allowed to know who the candidate fors to the Ppresidentcy of the European Commission are, giving them the choice to vote for his or her political party; reiterates, therefore, that the Spitzenkandidaten should be able to stand as official candidates atin the next elections in a joint European constituency across all Member StateEuropean Elections;
Amendment 206 #
2020/2088(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 213 #
2020/2088(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 221 #
2020/2088(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges that despite the fact that the agreed reform of the Electoral Law has not yet been ratified by some Member States, further improvements are required, such as provisions for remote voting operations in defined or exceptional circumstances, as well as on the elections in the joint European constituencyshould be addressed at the Conference on the Future of Europe;
Amendment 235 #
2020/2088(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 243 #
2020/2088(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission and the Council to consider, in accordancfully engage with the work of Parliament’s new Special Committee on Foreign interference and Disinformation, the urge and take into creation of a European organisation dedicated to the fight against foreign interferenceonsideration the outcome of its work; encourages the Commission and the Council to work much more closely with Parliament on these matters, as the protection of our democratic institutions is a core competence of the European Parliament;
Amendment 249 #
2020/2088(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Considers European political parties' manifestos should be known before the elections, which requires clear and transparent rules on campaigning; underlines the European election rules shall promote European party democracy, including by making obligatory for parties running in European elections and the European party logo appear (next to the national one) on the ballot sheet;
Amendment 256 #
2020/2088(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Is of the opinion that the introduction of an annual European Week taking place simultaneously in all national parliaments, with debates between MPs, European Commissioners, MEPs and representatives of civil society on the Commission Work Programme would support the emergence of connected inter-parliamentary public spheres as well as improving the communication of European actions at national level;
Amendment 262 #
2020/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the outcome of the European elections is a clear signal for an in-depth institutional reflection that will allow citizens, civil society and their representatives to shapepresents an opportunity for an in-depth reflection about the future of the Union; calls, therefore, on all institutional partners to assume their responsibility and deliver an ambitious, interactive and inclusive Conference on the Future of Europe; open to citizens, civil society and their representatives, and which can strengthen representative democracy as well as EU's resilience by delivering tangible results for its citizens, including on health protection and security
Amendment 21 #
2020/2081(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the statement of the President of the European Parliament of 13 August and the leaders of the five political groups of 17 August on the situation in Belarus following the presidential election of 9 August,
Amendment 47 #
2020/2081(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, despite the 2016 EU Council's decision to lift restrictive measures against 170 individuals and three companies in light of steps taken by Belarus to improve EU-Belarus relations, no progress has been achieved in areas of democratic governance and human rights, with increasing administrative, financial and physical repressions against the democratic opposition, civil society organisations, journalists and bloggers, and even ordinary people;
Amendment 50 #
2020/2081(INI)
Motion for a resolution
Recital C
Recital C
Amendment 81 #
2020/2081(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the EU stood in solidarity with the people of Belarus from the on-set of the COVID-19 pandemic, providing financial and material support through bilateral and regional programmes;
Amendment 116 #
2020/2081(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 122 #
2020/2081(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas independent platforms established by civil society organisations of Belarus (such as Golos - Belarus2020.org) conducted independent exit polls and analysed protocols of more than 200 precinct electoral commissions, which released genuine results, that clearly point to the fact that Sviatlana Tsikhanouskaya received an absolute majority of votes (in the range of 71.1% to 97.6%);
Amendment 123 #
2020/2081(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Amendment 126 #
2020/2081(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
Gd. whereas the Belarusian authorities did not comply with minimum international standards for a credible, transparent, free and fair presidential election process;
Amendment 128 #
2020/2081(INI)
Motion for a resolution
Recital G e (new)
Recital G e (new)
Ge. whereas peaceful protests expressing a desire for democratic change and freedom started already on the night of Sunday 9 August in Minsk and many other cities around the country, the scale of protests is unprecedented in the history of Belarus going into the hundreds of thousands;
Amendment 129 #
2020/2081(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
Gf. whereas the authorities responded to peaceful protests with disproportionate brute force, heavy use of tear gas, batons, flash grenades and water cannons, several thousand protestors were detained, there have been reports of torture, rape, missing persons, several people have been found dead so far;
Amendment 131 #
2020/2081(INI)
Motion for a resolution
Recital G g (new)
Recital G g (new)
Gg. whereas Lukashenko and his regime have approved these criminal actions and pogroms by OMON of innocent people and whereas more than 7000 Belarusians were detained, more than 400 hospitalised, 5 confirmed dead and dozens still missing, while further arrests and harassment of activists, including journalists, are still taking place all over Belarus;
Amendment 135 #
2020/2081(INI)
Motion for a resolution
Recital G i (new)
Recital G i (new)
Amendment 186 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
Amendment 225 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) pay close attention to the fallout of the presidential election campaign and insist that a lack of progress innot conducting new elections in according toance with international standards and further crackdowns against the opposition will have direct adverse effects on relations with the EU;
Amendment 241 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) insist thaton the transparency and inclusiveness of the upcoming constitutional reform i, through a national dialogue, as a crucial opportunity to introduce genuine changes, including basic civil rights and freedoms, which would address the weaknesses of the current political system, ensure transparent and pluralistic electoral process, and enable the Belarusian people to participate more actively in the political life and processes;
Amendment 253 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
(g) call on the authorities to remove the arbitrary barriers under which no new political party has been registered in Belarus since 2000 and enable the registration of political parties, religious and civic and public organisations, and to stop the restrictions applied to established organisations;
Amendment 259 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(ga) urges the Russian Federation to engage in a dialogue with the EU in order to ensure the creation of the conditions for a peaceful and democratic transition to take place;
Amendment 262 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – subheading 1 a (new)
Paragraph 1 – subheading 1 a (new)
Post-election situation in Belarus
Amendment 263 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(ga) strongly support the decision to not recognise the election results as announced by the Belarusian Central Electoral Committee, not to recognise Alexander Lukashenko as president of the country once his current term of office expires; note that the current presidential term in Belarus ends at the latest on 5 November 2020 and after that date a position of the President of Belarus will be vacant. According to the article 81 of the Constitution of Belarus in this case new election of President has to be held not earlier than 30 days and not later than 70 days;
Amendment 271 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g c (new)
Paragraph 1 – point g c (new)
Amendment 272 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g d (new)
Paragraph 1 – point g d (new)
(gd) recommend to recognise the Belarusian People's Coordination Council as the legitimate representative of the people demanding democratic change and freedom in Belarus;
Amendment 273 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g e (new)
Paragraph 1 – point g e (new)
(ge) welcome the efforts of the Belarusian People's Coordination Council for a peaceful and democratic transition of power as a result of an inclusive national dialogue;
Amendment 274 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g f (new)
Paragraph 1 – point g f (new)
(gf) urge to prepare a comprehensive review of its policy towards Belarus, taking into account different scenarios of developments in the country, that also include a substantially increased financial and technical commitment from the EU;
Amendment 275 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g g (new)
Paragraph 1 – point g g (new)
(gg) urge the EU to organise a donors conference for democratic Belarus, which would bring together international financial institutions, G-7 countries, EU member states and institutions, and others willing to pledge a multi-billion euro financial package to support the future reform efforts and restructuring of the economy;
Amendment 276 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g h (new)
Paragraph 1 – point g h (new)
(gh) call on the Russian Federation to refrain from any interference, covert or overt, in the peaceful democratic revolution in Belarus;
Amendment 277 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g i (new)
Paragraph 1 – point g i (new)
(gi) as long as the political situation in Belarus does not change reconsider any ongoing disbursements of the EU financial assistance and adjust it accordingly, so that it reaches the end- recipients and circumvents the authorities;
Amendment 278 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g j (new)
Paragraph 1 – point g j (new)
(gj) encourage Member States to facilitate and accelerate the procedure for obtaining visas for those who flee Belarus for political reasons;
Amendment 279 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g k (new)
Paragraph 1 – point g k (new)
(gk) call for a full EU/international investigation of crimes against the people of Belarus committed by law enforcement authorities of Lukashenko regime against peaceful protesters demanding transparent, free and fair Presidential elections, stopping current repressions and immediate release of all political prisoners in Belarus;
Amendment 281 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g m (new)
Paragraph 1 – point g m (new)
(gm) condemn the suppression of internet and media, road blockades, and intimidation of journalists in order to stop the flow of information about the situation in the country - the people have the right to access information; condemn the crackdown on international journalists and media limiting their ability to report on the democratic revolution in a free, fair and balanced way;
Amendment 314 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point k a (new)
Paragraph 1 – point k a (new)
(ka) demand for the immediate release of all those arbitrarily detained after participating in the democratic revolution protests following the falsified presidential election of 9 August; demand the authorities to provide all information on people who went missing in relation to their participation in the protests after 9 August;
Amendment 316 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point k b (new)
Paragraph 1 – point k b (new)
(kb) demand that all legal actions undertaken by the authorities against members of the Belarusian People's Coordination Council are dropped and all of them who are detained and arrested are freed;
Amendment 331 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point l a (new)
Paragraph 1 – point l a (new)
(la) demand that any spread of disinformation in Belarus concerning the EU and its Member States is vigilantly countered as well as any hybrid threats undertaken by third actors;
Amendment 69 #
2020/2072(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the preceding decade has seen brazen attacks againstupholding of Union values in severall Member States; whereas international comparisons and Parliament resolutions have evidenced considerable democratic backsliding in Hungary and Poland in particular is essential in order for the Union to function properly; whereas Parliament has been calling since 2016 for a comprehensive, preventive and evidence- based monitoring in this field via an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 99 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and loc and relevant national authorities;
Amendment 108 #
2020/2072(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas it is necessary to strengthen and streamline existing mechanisms and develop an effective mechanism to ensure that the principles and values enshrined in the Treaties are upheld throughout the Union;
Amendment 118 #
2020/2072(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. emphasises the urgent need for the Union to develop a robust and posievidence-based and objective agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens; insists that the Union must remain a champion of freedom and justice in Europe and the world;
Amendment 124 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member Statesis concerned by the rise of illiberal tendencies as well as corruption; underlines the dangers of this trend for the cohesion of the Union’s legal order, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 137 #
2020/2072(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that fielunderscores that the existing instruments to prevent democratic and rule of law backsliding should be streamlined and properly enforced;
Amendment 143 #
2020/2072(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. highlights that the mechanism should serve as an objective, evidence- based tool assessing Member States on equal footing respecting the principles of subsidiarity, necessity and proportionality;
Amendment 152 #
2020/2072(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensevidence- based and objective monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agenda;
Amendment 157 #
2020/2072(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. proposes the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (the ‘Mechanism’), building on Parliament’s 2016 proposal and the Commission’s 2020 Rule of Law Report, to be governed by an interinstitutional agreement between Parliament, the Council and the Commission, consisting of an Annual Monitoring Cycle on Union values, covering all aspects of Article 2 TEU, and applying equally, objectively and fairly to all Member States while respecting the principles of subsidiarity, proportionality and necessity;
Amendment 176 #
2020/2072(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments for monitoring, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), whilebut also other reports such as Justice Scoreboard or Report on the Application of the Charter of Fundamental Rights; highlights also that the Mechanism should increasinge complementarity and coherence with other available tools, includingmainly infringement procedures under, Article 7 TEU, procedure and budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives ofshould replace the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU andinternal discussions and for the adoption of their positions; notes that the institutions should be able to take the outcome into account for the purposes of triggering Article 7 TEU and the Commission should be able to take the outcome into account for launching the procedure under Regulation (EU) 2020/xxxx 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 law in the Member States11 , as well as for launching the procedure in accordance with Article 17 TEU; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....
Amendment 184 #
2020/2072(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. stresses that roles and prerogatives of respective institutions within the available procedures must be respected;
Amendment 194 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 199 #
2020/2072(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiteencouratges the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedure; believes that the Mechanism, underpinned by an interinstitutional agreement, respecting prerogatives of each of the institutions and sincere cooperation, will provide the necessary framework for better coordination;
Amendment 209 #
2020/2072(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend its constitutional core willcould require Treaty change; looks forward to the reflection and conclusions of the Conference on the Future of Europe in that regard;
Amendment 213 #
2020/2072(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. strongly believes that addressing the crisiscomprehensive monitoring of the upholding of Union values, including through the proposed Mechanism, is a precondition for re-establishing mutual trust among Member States, thus enabling the Union as a whole to sustain and further all common policies;
Amendment 216 #
2020/2072(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. highlights that training of justice professionals is essential to the proper implementation and application of Union law and thus to the strengthening of a European common legal culture based on the principles of mutual trust and the rule of law; considers that the upcoming European judicial training strategy must put additional focus on promoting the rule of law and judicial independence and include training on skills and non-legal issues so that judges are better prepared to resist undue pressure;
Amendment 226 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 4
Annex I – paragraph 4 – point 4
(4) The three institutions recognise the need for streamlining and strengthening the effectiveness of existing tools designed to foster compliance with Union values. A comprehensive, evidence-based interinstitutional mechanism respecting the principles of subsidiarity, proportionality and necessity should therefore be established in order to improve coordination between the three institutions and consolidate initiatives taken previously. In accordance with the Conclusions of the Justice and Home Affairs Council of 6 and 7 June 2013, such a mechanism should operate in 'a transparent manner, on the basis of evidence objectively compiled, compared and analysed and on the basis of equality of treatment as between all Member States'.
Amendment 229 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 5
Annex I – paragraph 4 – point 5
(5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States and should respect the principles of subsidiarity, proportionality and necessity. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue and, the Commission’s Rule of Law Framework, the EU Justice Scoreboard and the Annual Report on the Application of the Fundamental Rights and Freedoms, in order to avoid duplication and strengthen overall effectiveness.
Amendment 256 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 – introductory part
Annex I – part 2 – point 3 – introductory part
3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall facilitate coordination and cooperation among the three institutions in the Annual Monitoring Cycle. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also consult independent experts on a regular basis.
Amendment 261 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 4
Annex I – part 2 – point 4
4. On an annual basis, the Commission shall organise a targeted stakeholder consultation to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent and based on a clear and rigorous methodology agreed by the Working Group. The methodology shall, in any event, encompass in an appropriate form the benchmarks, such as those listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
Amendment 266 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 5
Annex I – part 2 – point 5
5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and locrelevant national authorities, to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report.
Amendment 273 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 7
Annex I – part 2 – point 7
7. Designated representatives of any of the three institutionsthe Working Group shall have the possibility to conduct a limited number of fact-finding visits to the Member States for the purpose of obtaining additional information and clarification about the state of Union values in the Member States concerned. The Commission shall incorporatuse the findings in the Annual Report.
Amendment 282 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Annual Report should cover both positive and negative developments relating to Union values in the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States and the principles of subsidiarity, proportionality and necessity. The depth of reporting should reflect the gravity of the situation in question.
Amendment 296 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 12
Annex I – part 2 – point 12
12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States. The three institutions shall endeavour to promote debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 297 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13
Annex I – part 2 – point 13
13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and relevant local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue. The Commission may, at any time, provide technical assistance to the Member States through different activities. The European Parliament shall organise, in cooperation with national parliaments, an interparliamentary debate on the findings of the Annual Report.
Amendment 304 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 14 – introductory part
Annex I – part 2 – point 14 – introductory part
14. Without prejudice to the powers of the Commission under Article 258 TFEU and under Article 5 of Regulation (EU) 2020/xxxx1a, and the right of the European Parliament and the Commission to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values. _________________ 1a[instead of xxxx insert number of 2018/136(COD) in the text].
Amendment 309 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 15
Annex I – part 2 – point 15
15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the European Parliament or the Council may exceptionallyCommission may exceptionally, either on its own initiative or upon request by the Commission toEuropean Parliament or the Council draft an urgent report on the situation. The Commission shall prepare the report in consultation with the Working Group. The Commission shall make the urgent report public no later than two months following a request by the European Parliament or the Council. The findings of the urgent report should be incorporated in the next Annual Report. The urgent report may specify recommendations aimed at addressing the imminent threat to Union values.
Amendment 315 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 16
Annex I – part 3 – point 16
16. The three institutions acknowledge the complementary nature of the Annual Monitoring Cycle and other mechanisms for the protection and promotion of Union values, in particular the procedure laid down in Article 7 TEU, infringement procedures and Regulation (EU) 2020/xxxx. The three institutions commit to take account of the objectives of this Interinstitutional Agreement in Union policies.
Amendment 327 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 20 – subheading 1
Annex I – part 3 – point 20 – subheading 1
Amendment 329 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 20 – subheading 1 a (new)
Annex I – part 3 – point 20 – subheading 1 a (new)
Arrangements for infringement procedures
Amendment 331 #
2020/2072(INL)
Motion for a resolution
Annex I – part III – point 20 a (new)
Annex I – part III – point 20 a (new)
20a. The Commission takes into account the findings of the Annual Report in its assessment of whether an infringement procedure should be launched.
Amendment 335 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21
Annex I – part 3 – point 21
21. The three institutions agree to useCommission takes into account the findings of the Annual Report in theirits assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx.
Amendment 84 #
2020/2042(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 105 #
2020/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 114 #
2020/2042(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 120 #
2020/2042(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the international community to reduce the risk of disasters and to promote the inclusion of disaster risk reduction in national preparedness planning, as well as to strengthen the resilience and coping capacities in disaster-prone regions, minimising the need for environmentally-induced displacement when disasters occur;
Amendment 121 #
2020/2042(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the international community to advance national and regional efforts to prevent and address root causes of displacement and promote the development of durable solutions;
Amendment 122 #
2020/2042(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Underlines that the EU financial support (both internal and external) is being directed to support disaster risk reduction via various channels, including humanitarian aid and development instruments, climate change initiatives, support for endemic surveillance capacity and grants for research projects;
Amendment 123 #
2020/2042(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Highlights the importance to supporting and strengthening the resilience of host communities and communities of origin in developing countries; acknowledges that the environmentally induced displacement linked to both sudden-onset and slow- onset environmental changes will inevitably continue and therefore measures will be required to assist the displaced, including through emergency responses in cases of sudden-onset disasters, and to find durable solutions through humanitarian and civil protection aid and capacity building measures;
Amendment 155 #
2020/2041(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the urgent need for the EU to address the escalating terrorist insurgency in Northern Mozambique, which already caused more than 1.000 deaths and forced around 200.000 people to flee their homes, and poses a serious risk of spreading across the Southern African region; urges the High Representative of the Union for Foreign Affairs and Security Policy to offer EU’s support to Mozambique and its citizens; stresses that the lack of reaction from the EU can lead to other international players to take the leading role that the Union aims to achieve in the continent.
Amendment 18 #
2020/2023(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the EU and the UK share fundamental values and principles, and are economically interconnected, geographically close and, with regard to security and defence, interdependent;
Amendment 50 #
2020/2023(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the UK has submitted various draft texts to the EU which – unlike the EU’s text – are not public and cover, inter alia, a trade agreement including annexes, an air transport agreement, an aviation safety agreement and an agreement on civil nuclear energy cooperation via Euratom;
Amendment 122 #
2020/2023(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the Withdrawal Agreement is the instrument for implementing the arrangements for the UK’s withdrawal and that the only purpose of the EU-UK Joint Committee is to oversee its application; underlines the importance of the effective implementation of the Withdrawal Agreement as a litmus test for the good faith that the UKparties brings to the negotiating process and recalls that the outcome of the negotiations would be linked to it;
Amendment 198 #
2020/2023(INI)
Motion for a resolution
Paragraph 13 – point iv
Paragraph 13 – point iv
(iv) rules of origin should mirror the most recent EU FTAs and be based on the interests of EU producers; the Agreement should safeguard the framework of existing commercial relationships between the EU and third countries and avoid any free- riding by ensuring consistency in keeping a tuned tariff and quota system and rules of origin for products vis-à-vis third countries;
Amendment 210 #
2020/2023(INI)
Motion for a resolution
Paragraph 13 – point vii
Paragraph 13 – point vii
(vii) there should be opportunities for access to public procurement markets beyond WTO Government Procurement Agreement (GPA) commitments, guaranteeing market access for EU companies in strategic sectors at all levels of government and a degree of openness equalivalent to the EU’s public procurement markets; regrets the fact, in this regard, that the UK’s initial negotiating position does not cover public procurement;
Amendment 5 #
2020/2022(INI)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
Amendment 10 #
2020/2022(INI)
Motion for a resolution
Citation 7 d (new)
Citation 7 d (new)
— having regard to Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market;
Amendment 11 #
2020/2022(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Commission recommendation of 1 March 2018 on measures to effectively tackle illegal content online (C(2018) 1177 final);
Amendment 13 #
2020/2022(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— having regard to the Europol Internet Organised Crime Threat Assessment (IOCTA) of 18 September 2018;
Amendment 24 #
2020/2022(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the amount of user- generated content, including harmful and illegal content, shared via cloud services or online platformsonline platforms, including cloud services, has increased exponentially;
Amendment 36 #
2020/2022(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the political approach to tackle harmful and illegal content online in the EU has mainly focused on voluntary cooperation thus far, but a growing number of Member States are adopting national legislation to address illegal content and provisions to address certain types of content were included in recent sectoral legislation at EU level;
Amendment 56 #
2020/2022(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the lack of robust public data on the prevalence and removal of illegal and harmful content online creates a deficit of accountability, both in the private and public sector; this includes the use and underlying source codes of algorithmic processes and how platforms address the erroneous removal of content;
Amendment 65 #
2020/2022(INI)
Motion for a resolution
Recital K
Recital K
K. whereas child sexual exploitation online is shaped by technological developments, such as the increased use of end-to-end encryption and the dark web; whereas the vast amount of child sexual abuse material circulating online poses serious challenges for detection, investigation and, most of all, victim identification efforts;
Amendment 90 #
2020/2022(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes in the clear societal and economic benefits of a functioning digital single market for the EU and its Member States; welcomes these benefits, in particular improved access to information and the strengthening of the freedom of expression; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights and data protection are respected; calls for a minimum level of intervention based on the principles of necessity and proportionality;
Amendment 113 #
2020/2022(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that illegal content online should not only be removed by online platforms, but should be followed up by law enforcement and the judiciary; finds, in this regard, that a key issue in some Member States is not that they have unresolved cases but rather unopened ones; calls for barriers to filing complaints with competent authorities to be removed; is convinced that, given the borderless nature of the internet and the fast dissemination of illegal content online, cooperation between service providers and national competent authorities should be improved; calls, to this end, on Member States to equip their law enforcement and judicial authorities with the necessary expertise, resources and tools to allow them to effectively deal with the increasing number of cases involving illegal content online;
Amendment 121 #
2020/2022(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges the fact that, while the illegal nature of certain types of content can be easily established, the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account, which could lead to unnecessary restrictions being placed on thtakedowns and harm the freedom of expression; highlights that illegal content online can easily be multiplied which greatly amplifies the negative impact within a very short period of time; therefore believes that digital service providers should be allowed to have freedom of expresscourse to automated tools with human oversight to detect, remove or block access to content whose illegality has either been established by a court or can be easily determined without contextualisation;
Amendment 126 #
2020/2022(INI)
Motion for a resolution
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
considers, in this regard, that other stakeholders in the online ecosystem, such as users, right holders and media, can also play an important role in establishing whether content is illegal based on the specific context; invites these stakeholders to cooperate closely and exchange information with platforms to help them to effectively identify and address illegal content;
Amendment 130 #
2020/2022(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that a specific piece of information may be deemed illegal in one Member State but is covered by the right to freedom of expression in another; calls for a structured dialogue between Member States in order to assess the risk of specific types of content;
Amendment 136 #
2020/2022(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Strongly believes that the current EU legal framework governing digital services should be updated with a view to addressing the challenges posed by the fragmentation between the Member States and new technologies, ands well as ensuring legal clarity and respect for fundamental rights, in particular the freedom of expression; considers that the reform should build on the solid foundation of and full compliance with existing EU law, especially the General Data Protection Regulation and the Directive on privacy and electronic communications;
Amendment 147 #
2020/2022(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls, to this end, for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective, coherent, transparent and fair procedures and procedural safeguards to remove illegal content in line with European values, while also establishing a procedure for collaboration with law enforcement and judicial authorities; firmly believes that this should be harmonised within the digital single market;
Amendment 164 #
2020/2022(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to effectively address the appearance of illegal content on their services, while leaving the choice of the concrete measures to the platforms; supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights, including the freedom of expression;
Amendment 176 #
2020/2022(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports limited liability for content and the country of origin principle, but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; highlights that removal requests from competent authorities should be specific and clearly state the legal basis for removal; stresses that sanctions should apply to those service providers that fail to comply with legitimate orders;
Amendment 197 #
2020/2022(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that certain types of legal, yet harmful, content should also be addressed to ensure a fair digital ecosystem; expects guidelines to include increased transparency rules on content moderation or politicaland advertising policy to ensure that the removals and the blocking of harmful content are limited to the absolute necessary; calls on the commission to consider this in a specific instrument accompanying the Digital Services Act;
Amendment 202 #
2020/2022(INI)
Motion for a resolution
Paragraph 15 – subparagraph 1 (new)
Paragraph 15 – subparagraph 1 (new)
Maintains that these forms of harmful content include micro targeting based on characteristics exposing physical or psychological vulnerabilities, health related content such as disinformation on COVID-19 causes or remedies and emerging issues such as the organised abuse of multiple platforms, artificial intelligence applications creating fake profiles or manipulating online content; points out that special attention should be paid to harmful content in the context of minors using the internet, especially in regard to their exposure to cyberbullying, sexual harassment, pornography, violence or self-harm;
Amendment 203 #
2020/2022(INI)
Motion for a resolution
Paragraph 15 – indent 1 (new)
Paragraph 15 – indent 1 (new)
- Considers that, as a general principle, targeted advertising can have a positive economic and societal impact and points to the fact that GDPR needs to be fully and properly enforced to ensure the respect of users' privacy;
Amendment 214 #
2020/2022(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deems that accountability-, both in the private and public sector, and evidence-based policy making requires robust data on the prevalence and removal of illegal content online;
Amendment 215 #
2020/2022(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls, in this regard, for a regular public reporting obligation for platforms, proportionate to their scale of reach and operational capacities, more specifically on their content moderation procedures, including standardised data about the amount of content removed and the underlying reasons, the type and justification of removal requests received, the number of requests whose execution was refused and the reasons therefore;
Amendment 221 #
2020/2022(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls, moreover, for a regular public reporting obligation for national authorities, including standardised data on the number of removal requests and their legal bases, on the number of removal requests which were subject to administrative or judicial remedies, on the outcome of these proceedings, and on the total number of decisions imposing penalties, including a description of the type of penalty imposed;
Amendment 233 #
2020/2022(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Supports the creation of an independent EU body to exercise effective oversight of compliance with the applicable rules; believstresses that it should guarantee a harmonised implementation of these rules across the Union and enforce procedural safeguards and transparency and provide quick and; believes that it should provide reliable guidance on contexts in which legal content is to be considered harmful;
Amendment 245 #
2020/2022(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that this EU body should not take on the role of content moderator, but that it should analyse, upon complaint or on its own initiative, whether and how digital service providers amplify illegal content, for example recommendation engines and optimisation features such as autocomplete and trending; calls for this regulator to have the power to impose proportionate fines or other corrective actions when platforms do not provide sufficient information on their procedures or algorithms in a timely manner;
Amendment 6 #
2020/2016(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the European ethical Charter on the use of Artificial Intelligence in judicial systems and their environment of the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe;
Amendment 7 #
2020/2016(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the ‘Ethics Guidelines for Trustworthy AI’ of the High-Level Expert Group on Artificial Intelligence set up by the Commission of 8 April 2019;
Amendment 15 #
2020/2016(INI)
Motion for a resolution
Recital A
Recital A
A. whereas digital technologies in general and the proliferation of data processing and analytics enabled by artificial intelligence (AI) in particular bring with them extraordinary promise; whereas AI isdevelopment has made a big leap forward in recent years which makes it one of the strategic technologies of the 21st century, generating substantial benefits in efficiency, accuracy, and convenience, and thus bringing positive change to the European economy and society; whereas AI should not be seen as an end in itself, but as a tool for serving people, with the ultimate aim of increasing human well-being, human capabilities and safety;
Amendment 28 #
2020/2016(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the development of AI must respect the values on which the Union is founded, in particular human dignity, freedom, democracy, equality, the rule of law, and human and fundamental rights, have to be respected throughout the life cycle of AI tools, notably during their design, development, deployment and use;
Amendment 34 #
2020/2016(INI)
Motion for a resolution
Recital C
Recital C
C. whereas trustworthy AI systems need to be accountable, designed for all (including consideration of vulnerable, marginalised populations in their design), be non-discriminatory, safe and transparent, and respect human autonomy and fundamental rightsnon-discriminatory, safe and transparent, and respect human autonomy and fundamental rights in order to be trustworthy, as described in the Ethics Guidelines of the High-Level Expert Group on Artificial Intelligence;
Amendment 39 #
2020/2016(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Union together with the Member States bear a critical responsibility for ensuring that policy choicedecisions surrounding the development, deployment and uslife-cycle of AI applications in the field of the judiciary and law enforcement are made in a transparent manner, respect the principles of necessity and proportionality, and guarantee that the policies and measures adopted will fully safeguard fundamental rights within the Union and fully safeguard fundamental rights; whereas the relevant policy choices should respect the principles of necessity and proportionality;
Amendment 44 #
2020/2016(INI)
Motion for a resolution
Recital E
Recital E
E. whereas AI applications offer great opportunities in the field of law enforcement, in particular in improving the working methods of law enforcement agencies and judicial authorities, and preventing and combating certain types of crime more efficiently, in particular financial crime, money laundering and terrorist financing, as well as certain types of cybercrime, thereby contributing to the safety and security of EU citizens;
Amendment 55 #
2020/2016(INI)
Motion for a resolution
Recital G
Recital G
G. whereas AI applications in use by law enforcement include applications such as facial recognition technologies, e.g. to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse, automated number plate recognition, speaker identification, speech identification, lip- reading technologies, aural surveillance (i.e. gunshot detection algorithms), autonomous research and analysis of identified databases, forecasting (predictive policing and crime hotspot analytics), behaviour detection tools, advanced virtual autopsy tools to help determine the cause of death, autonomous tools to identify financial fraud and terrorist financing, social media monitoring (scraping and data harvesting for mining connections), international mobile subscriber identity (IMSI) catchers, and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications have vastly varying degrees of reliability and accuracy;
Amendment 61 #
2020/2016(INI)
Motion for a resolution
Recital H
Recital H
H. whereas AI tools and applications are also used by the judiciary worldwide, including in sentencing, calculating probabilities for reoffending and in determining probation, online dispute resolution, case law management, and the provision of facilitated access to the law;
Amendment 64 #
2020/2016(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the applications of AI in law enforcement and the judiciary are in different development stages, ranging from conceptualisation through prototyping or evaluation to post-approval use; whereas new possibilities of use may arise in the future as the technology becomes more mature due to ongoing intensive scientific research worldwide;
Amendment 74 #
2020/2016(INI)
Motion for a resolution
Recital J
Recital J
J. whereas AI systems used by law enforcement and judiciary are also vulnerable to AI- empowered attacks or data poisoning, whereby a wrong data set is included on purpose to produce biased results; whereas in these situations the resulting damage is potentially even morery significant, and can result in exponentially greater levels of harm to both individuals and groups;
Amendment 83 #
2020/2016(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. RWelcomes the positive contribution of AI applications to the work of law enforcement and judicial authorities across the Union as a key enabling technology to ensure safety and security of citizens; highlights e.g. the enhanced case law management achieved by tools allowing for additional search options; believes that there is a wide range of other potential uses for AI by law enforcement and the judiciary which should be explored, subject to methodological precautions and scientific assessments; reiterates that, as processing large quantities of data is at the heart of AI, the right to the protection of private life and the right to the protection of personal data apply to all areas of AI, and that the Union legal framework for data protection and privacy must be fully complied with;
Amendment 92 #
2020/2016(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reaffirms that all AI solutions for law enforcement and the judiciary also need to fully respect the principles of non- discrimination, freedom of movement, the presumption of innocence and right of defence, freedom of expression and information, freedom of assembly and of association, equality before the law, the principle of equality of arms, and the right to an effective remedy and a fair trial;
Amendment 95 #
2020/2016(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Acknowledges that the speed at which AI applications are developed around the world necessitates a future- oriented approach and that any attempts at exhaustive listing of applications will quickly become outdated; calls, in this regard, for a clear and coherent governance model that guarantees the respect of fundamental rights, but also allows companies and organizations to further develop artificial intelligence applications;
Amendment 99 #
2020/2016(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers, in this regard, that safeguards should be proportionate to potential risks associated with the use specific AI applications; believes that any AI tool either developed or used by law enforcement or judiciary should, as a minimum, be safe, robust, secure and fit for purpose, respect the principles of fairness, accountability, transparency and, non- discrimination as well as explainability, with their deployment subject to a strict necessity and proportionality test;
Amendment 112 #
2020/2016(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the importance of preventing mass surveillance by means, which per definition does not correspond to the principles of necessity and proportionality; strongly supports high thresholds for and transparency in the use of AI technologies, and of banning applications that would result in it; applications that could result in it; calls for law enforcement or the judiciary to use AI applications that adhere to the privacy-by- design principle whenever possible to avoid function creep;
Amendment 124 #
2020/2016(INI)
5. Stresses the potential for bias and discrimination arising from the use of machine learning and AI applications; notes that biases can beAI applications such as machine learning; notes that discrimination can result from biases inherent in underlying datasets, especially when historical data is being used, introduced by the developers of the algorithms, or generated when the systems are implemented in real world settings;
Amendment 130 #
2020/2016(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the fact that many algorithmically driven identification technologies that are currently in use disproportionately misidentify non-white people, childaccording to ethnicity, age and gender; considers, thereforen, the elderly, as well as womenat strong scientific and ethical standards are needed and that strong efforts should be made to avoid automated discrimination and bias;
Amendment 134 #
2020/2016(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for strong additional safeguards in case AI systems in law enforcement or the judiciary are used on or in relation to minors, who are particularly vulnerable;
Amendment 137 #
2020/2016(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 141 #
2020/2016(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. UTakes note of the risks related to data leaks, data security breaches and unauthorised access to personal data and other information related to criminal investigations or court cases that are processed by AI systems; underlines that security and safety aspects of AI systems used in law enforcement need to be carefully considered, and be sufficiently robust and resilient to prevent the potentially catastrophic consequences of malicious attacks on AI systems;
Amendment 148 #
2020/2016(INI)
9. Considers it necessary to create a clear and fair regime for assigning legal responsibility and liability for the potential adverse consequences produced by these advanced digital technologies;
Amendment 151 #
2020/2016(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls for the adoption of appropriate procurement processes for AI systems by Member States and EU agencies when used in law enforcement or judicial context, so as to ensure their compliance with fundamental rights;
Amendment 167 #
2020/2016(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for traceability of AI systems that defines the capabilitiethe decision making process of AI systems within law enforcement and the judiciary which outlines the functions and limitations of the systems, and keeps track of where the defining attributes for a decision originate, for instance through compulsory documentation obligations;
Amendment 172 #
2020/2016(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any AI systems for law enforcement or judiciary purposes, in order to assess any potential risks to fundamental rights and, where necessary, define appropriate safeguards to address these risks;
Amendment 174 #
2020/2016(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Deplores that many law enforcement and judicial authorities in the EU lack the funding, capacities and capabilities to reap the benefits AI tools can offer for their work; encourages law enforcement and judicial authorities to identify, structure and categorise their needs to enable the development of tailor- made AI solutions and to exchange best practices on AI deployment; stresses the need to provide the authorities with the necessary funding, as well as to equip them with the necessary expertise to guarantee full compliance with the ethical, legal and technical requirements attached to AI deployment;
Amendment 175 #
2020/2016(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
Amendment 176 #
2020/2016(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for periodic mandatory auditing of all AI systems used by law enforcement and the judiciary to test and evaluatean adequate institutional framework, including proper regulatory and supervisory oversight, to ensure proper implementation; calls for periodic mandatory auditing of all AI systems used by law enforcement and the judiciary by an independent authority to test and evaluate the context, purpose, accuracy, performance, and scale of algorithmic systems once they are in operation, in order to detect, investigate, diagnose and rectify any unwanted and adverse effects and thereby ensure continuous compliance with the applicable regulatory framework;
Amendment 179 #
2020/2016(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Supports the recommendations of the Commission’s High-Level Expert Group on AI for a ban on AI-enabled mass scale scoring of individuals; considers that any form of normative citizen scoring on a large scale by public authorities, in particular within the field of law enforcement and the judiciary, leads to the loss of autonomy, endangers the principle of non-discrimination and cannot be considered in line with European values;
Amendment 181 #
2020/2016(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Welcomes the recommendations of the Commission’s High-Level Expert Group on AI for a proportionate use of biometric recognition technology; shares the view that the use of remote biometric identification should always be considered “high risk” and therefore be subject to additional requirements;
Amendment 182 #
2020/2016(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for a moratoriumStrongly believes that the deployment of facial recognition systems by law enforcement should be limited to clearly warranted purposes in full respect onf the deployment of facial recognition systems for law enforcement, until the technical standardapplicable law; reaffirms that as a minimum, the use of facial recognition technology must comply with the requirements of data minimisation, data accuracy, storage limitation, data security and accountability, as well as being lawful, fair, transparent and following a specific, explicit and legitimate purpose that is clearly defined in Member State or Union law; reminds that these systems are already successfully used, inter alia to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse; emphasises the need to ensure that the technical standards and underlying algorithms can be considered fully fundamental rights compliant, and that results derived are non-discriminatory, and there is public trust ; believes that this will be decisive to ensure public trust and support regarding the necessity and proportionality ofor the deployment of such technologies;
Amendment 190 #
2020/2016(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes that predictive policing is among the AI applications used in the area of law enforcement; acknowledges that this can allow law enforcement to work more effectively and proactively, but warns that while predictive policing can analyse the necessary data sets for the identification of patterns and correlations, it cannot answer the question of causality and therefore cannot constitute the sole basis for an intervention;
Amendment 194 #
2020/2016(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for greater overall transparency from Member States, and for a comprehensive understanregarding of the use of AI applications in the Union, broken down by Member State law enforcement and judicial authority, the type of tool in use, the types of crime they are applied to, and the companies whose tools are being used; requests Member States to provide an overview of the tools used by their law enforcement and judicial authorities, the purposes for which they are used, and the names of the companies or organizations which have developed those tools;
Amendment 197 #
2020/2016(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Reminds that AI applications, including applications used in the context of law enforcement and the judiciary, are being developed globally at a rapid pace; urges all European stakeholders, including the Commission and EU agencies, to ensure international cooperation and to engage third country partners in order to find a common and complementary ethical framework for the use of AI, in particular for law enforcement and the judiciary;
Amendment 73 #
2020/0350(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The implementation of this regulation and the necessary adaptation of implementing acts should not interfere nor should be subject to the deadlines stipulated in regulation 2018/18621a while new deadlines for the implementation of this regulation should be added, along with reporting obligations. _________________ 1aRegulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU.
Amendment 175 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU) 2018/1862
Article 79 – paragraph 3
Article 79 – paragraph 3
(13a) In Article 79, paragraph 3 is replaced by the following: 3. The Commission shall closely monitor the process of gradual fulfilment of the conditions set out in paragraphs 2 and 7 and shall inform the European Parliament and the Council about the outcome of the verification referred to in that paragraph.
Amendment 177 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1862
Article 79 – paragraph 7
Article 79 – paragraph 7
7. TNo later than [1 year after entry into force], the Commission shall adopt a decision setting the date on which Europol shall start entering, updating and deleting data in SIS pursuant to this Regulation as amended by Regulation [XXX], after verification that the following conditions have been met:
Amendment 180 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/1862
Article 79 – paragraph 7 a (new)
Article 79 – paragraph 7 a (new)
7a. Europol shall notify, at the latest [six months after entry into force of the amending regulation ]the Commission that it has made the necessary technical and procedural arrangements to process SIS data and exchange supplementary information pursuant to this Regulation as amended by Regulation [xxx/xxxx]
Amendment 2 #
2020/0319(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Refuses to gGives its consent to the conclusion of the agreement;
Amendment 2 #
2019/2208(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November on the use of the Schengen Information System for the return of illegally staying third country nationals (‘SIS return’),
Amendment 3 #
2019/2208(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
- having regard to regulation (EU) 2020/851 of the European Parliament and of the Council of 18 June 2020 amending Regulation (EC)No 862/2007,
Amendment 4 #
2019/2208(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- - Having regard to the Commission proposal on the Regulation of the European Parliament and of the Council on the recast of Eurodac (COM(2016) 272 final),
Amendment 5 #
2019/2208(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
- - Having Regard to the Conclusions of the European Council of October 2016 and June 2018,
Amendment 6 #
2019/2208(INI)
Motion for a resolution
Citation 18
Citation 18
Amendment 8 #
2019/2208(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the Frontex evaluation report 15 of June 2020 on return operations 2nd semester 2019,
Amendment 10 #
2019/2208(INI)
Motion for a resolution
Citation 21 b (new)
Citation 21 b (new)
- having regard to the Europol European Migrant Smuggling 4th Annual Report, 2019, of 15 of May 2020,
Amendment 12 #
2019/2208(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to the reports on the application of the Schengen acquis in the field of return produced in accordance with Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen,
Amendment 21 #
2019/2208(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the twofold objective of the directive is effective return in line with fundamental rights and the principle of proportionality; whereas in its recommendation on making returns more effective, the Commission focuses on the rate of returns as the primary indicator of the directive’s effectivenessnamely, to establish common rules concerning return, removal, use of coercive measures, detention and entry bans in line with fundamental rights and the principle of proportionality;
Amendment 29 #
2019/2208(INI)
Motion for a resolution
Recital D
Recital D
D. whereas disaggregated and comparable data relating to the implementation of the directive is often not collected or publicly available; publicly available, namely through Eurostat; whereas more and better information will be available with the implementation of regulation 2018/1860 on the use of the Schengen Information System for the return of illegally staying third-country nationals (‘SIS return’) and with Regulation (EU) 2020/851 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection;
Amendment 33 #
2019/2208(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas between 2014 and 2018 five million people were found illegally present in the Union; whereas during the same period less than half were issued a return decision and less than 800.000 left the territory;
Amendment 36 #
2019/2208(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas between 2014 and 2018 over four million peoples requested asylum in Europe and less than half were granted asylum;
Amendment 37 #
2019/2208(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas Member States do not systematically share information on return decisions or entry bans issued, making impossible in practice the mutual recognition of return decisions issued by Member States and their enforcement Union-wide;
Amendment 38 #
2019/2208(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. Whereas in order to increase the efficiency of readmissions, and in order to ensure the coherence of returns at a European level, it will be necessary to adopt new EU agreements which should take preference over bilateral agreements between Member States and third countries;
Amendment 40 #
2019/2208(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. DeplorNotes the lack of a recentn implementation assessment and calls on the Commission to carry out such an assessmentfrom the European Commission, which hwas been overdue since 2017, as a matter of urgency;
Amendment 43 #
2019/2208(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the importance of an evidence-based approach to guide coherent policy-making and well-informed public discourse and calls on the Commission to urge and support Member States to collect and publish qualitative and quantitative data on the implementation of the directive; data on the implementation of the directive, making use in particular of the new instruments available, such as SIS return and Regulation (EU) 2020/851 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection;
Amendment 52 #
2019/2208(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the Commission’s statement that the return rate decreased from 46 % in 2016 to 37 % in 2017 may not present the full picture, as people who received a return decision were not necessarily returned within the same year, sgiven the inherent margin of freedome Member States issue more than one return decision to one person, or to people whose whereabouts are unknown, and return decisions are not withdrawn if the return does not take place owing to difficulties in cooperation with third countries or for humanitarian reasonshave in the implementation of the rules provided for by the Return Directive;
Amendment 58 #
2019/2208(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is concerned that since 2015, despite the increase of illegal entries, neither the issuance of return decisions nor its execution have increased, on the contrary the number of enforced return decisions has been decreasing since 2016;
Amendment 63 #
2019/2208(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the importance of improving the effective implementation of the directive; highlights that such effectiveness should not only be meas and the effectiveness of return procedureds in quantitative terms by referring to the return rate, but also in qualitative terms, such as the sustainability of returns and fundamental rightsthe Member States; highlights that such effectiveness be measured;
Amendment 77 #
2019/2208(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance of ensuring migrants' compliance with return decisions and recalls the key principle enshrined in the directive that voluntary returns should be prioritised over forced returns, where there are no reasons to believe that this would undermine the purpose of a return procedure;
Amendment 88 #
2019/2208(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the importance of fair, swift and effective procedures for the return of third-country nationals not entitled to protection, which respects the fundamental rights of the persons concerned. Special attention needs to be paid in particular to the return of rejected asylum seekers, who represent a significant share of the irregular migrants in the EU, where significant procedural gaps between asylum and return procedures exist in the EU;
Amendment 94 #
2019/2208(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls the need to eliminate loopholes between asylum and return procedures, notably the possibilities to unduly suspend return procedures by lodging subsequent asylum applications for the sole purpose of hampering returns; calls on Member States to put in place the necessary procedures for that effect, in compliance with the Asylum Procedure Directive and the Return Directive;
Amendment 98 #
2019/2208(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that under Article 7 of the directive, a return decision shall provide for an appropriate period for voluntary departure, which Member States have to extend, where necessary, shall extend, taking into account the specific circumstances of the individual case; stressnotes that a relatively short period for voluntary departure may hinder or altogether prevent voluntary departureMember States’ national programmes to assist the voluntary departure are sometimes insufficient in scope and means;
Amendment 109 #
2019/2208(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 123 #
2019/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the directive requires return and entry-ban decisions and decisions on removal shouldto be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remedies;
Amendment 129 #
2019/2208(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that the principle of non- refoulement is binding on Member States in all circumstances, including for return procedures not falling within the scope of application of the return directive;
Amendment 137 #
2019/2208(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that the directive allows for the temporary suspension of the enforcement of a removal, pending a review of a decision relating to return; underlines the importance ofneed of ensuring such suspensive effect in cases where there is a risk of refoulement; notes that in most countries, appeal against return is not automatically suspensive, which may diminish protection and increase administrative burdens;
Amendment 150 #
2019/2208(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with regret the limited use of Article 6(4) of the directive; is concerned about the failure of Member States to issue a temporary residence permit where return has proven not to be possible; uUnderlines the fact that granting residence permits to individuals who cannot return to their country of origin could help to prevent protracted irregular stays and, as permitted by article 6(4) of the directive, may facilitate individuals’ social inclusion and contribution to society; at the same time, coordination within the Union is necessary in order to avoid pull factors and unauthorised secondary movements;
Amendment 157 #
2019/2208(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 170 #
2019/2208(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that although the threat of imposition of an entry ban may serve as an incentive to leave a country within the time period of voluntary departure, once imposed, entry bans actually reduce the incentive to comply with a return decision and may increase the risk of abscondingthe directive has rules allowing for entry bans to be lifted and calls on Member States to make use of these when necessary;
Amendment 181 #
2019/2208(INI)
13. Stresses that entry bans may have particularly disproportionate consequences for families and children; welcomes the option introduced by some Member States to exempt children from the imposition of an entry ban, but stresses that children’s interests should also be a primary consideration when deciding on the entry ban of their parents;
Amendment 197 #
2019/2208(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is concerned that the legislation of several Member States includes extensive listvarying definitions of ‘objective criteria’ for definingthe assessment of the risk of absconding, which are often applied in a more or less automatic way, while individual circumstances are of marginal considerat in national legislation of Member States may result in inconsistent application of detention across the Union;
Amendment 211 #
2019/2208(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the directive establishes thatunder which circumstances returnees may lawfully be detained where other; notes also that detention is only possible if other sufficient but less coercive measures cannot be applied; expresses regret that despite the obligation to apply detention as a measure of last resort, in practice, very few viable alternatives to detention are developed and applied by Member States; calls on Member States, as a matter of urgency, to offer viable community-based alternatives to detentionffectively in a specific case; expresses regret that very few viable alternatives to detention are developed and applied by Member States;
Amendment 222 #
2019/2208(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a significant number of children are still detained in the European Union as part of return procedures, which constitutes a direct violation of the UN Convention on the Rights of the Child, asUnderlines that there is a need for appropriate and effective alternatives to the detention of minors in return procedures; recalls that the UN Committee on the Rights of the Child has clarifiedconsiders that children should never be detained for immigration purposes, and detention can never be justified as in a child’s best interests;
Amendment 234 #
2019/2208(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to ensure that Member States and Frontex have monitoring bodies in place that are supported by a proper mandate, capacity and competence, a high level of independence and expertise, and transparent procedures; urges the Commission to ensure the establishment of a post-return monitoring mechanism to understand the fate of returned persons, with particular attention for unaccompanied minors;
Amendment 236 #
2019/2208(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes with concern that Member States face challenges to regularly ensure the full occupancy of all seats available for returnees in return operations by charter flights coordinated by Frontex, mainly due notably to last minute asylum requests or absconding of returnees;
Amendment 239 #
2019/2208(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Notes with concern that in some cases the option to have joint return Frontex operations is excluded by bilateral agreements between organizing or participating Member States and non- EU countries of destination;
Amendment 1 #
2019/2207(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas the link between European Arrest Warrant (EAW) and EU citizenship makes it a corollary of the free movement of people based on the Principle of Mutual Recognition, which has mutual trust between Member States as a sine qua non condition to its effective operation, and is underpinned by shared respect for fundamental rights as set out in the TEU and the EU Charter of Fundamental Rights;
Amendment 2 #
2019/2207(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A a. whereas the UK authorities have been responsible for issuing and executing a substantial number of EAW; whereas the political declaration on the future relationship states that the UK and the EU “will provide for comprehensive, close, balanced and reciprocal law enforcement and judicial cooperation in criminal matters”; whereas new arrangements for criminal justice cooperation between the EU and the UK are still under negotiation;
Amendment 3 #
2019/2207(INI)
Draft opinion
Recital -A b (new)
Recital -A b (new)
-A b. Whereas the withdrawal of the UK from the EU renders obsolete Articles 10 (4) and (5) of the Protocol 36 TEU;
Amendment 4 #
2019/2207(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Recalls that the Framework Decision on European Arrest Warrant (FDEAW), establishing one of the oldest instruments based on mutual recognition in criminal matters, has contributed to speeding up surrender procedures in comparison with traditional systems of extradition cooperation between different jurisdictions;
Amendment 6 #
2019/2207(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that implementing the Framework Decision on the European Arrest Warrant (FDEAW) has put legal systems in many Member States under strain, notably with regard to the extradition of their own nationals; notes that the FDEAW revealed stark national differences in substantive and procedural criminal law;
Amendment 9 #
2019/2207(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that the effective end of the transitional measures in Justice and Home Affairs in line with Title VII of the Protocol 36 TEU, enhances the responsibility of Member States, in line with their obligation of sincere cooperation enshrined in Article 4(3) TEU, to refrain from adopting any measure which would jeopardize the attainment of the Union’s objectives, including those laid out in Article 3 TEU;
Amendment 12 #
2019/2207(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that Member States are responsible for ensuring a high level of mutual trust, which is premised on their obligation to respect the Treaties, the Charter of Fundamental Rights and EU legislation, as well as on the adherence of their institutions to EU values, including the respect for the rule of law (Article 2 of the TEU); therefore, with regard to the EAW, Member States have the obligation to ensure a high level of protection of procedural and fundamental rights, as well as the independence of their judiciary, in order to guarantee effective legal protection, principles that have been confirmed by recent case-law of the CJEU;
Amendment 18 #
2019/2207(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the establishment of an EU mechanism on democracy, the rule of law and fundamental rights1a will contribute to reinforcing mutual trust between Member States; __________________, thus enhancing the functioning of the Principle of Mutual Recognition; notes in this regard the “Rule of Law Review Cycle” Initiative announced by the European Commission in July 20192a, and looks forward to the first “Annual Rule of law Report” in every Member State expected for the second half of 2020. __________________ 1a OJ C 215, 19.6.2018, p. 162–177 2a COM(2019)343
Amendment 36 #
2019/2207(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the FDEAW should be fully brought under the Lisbon Treaty as a new legislative instrument in the sense of Article 288 TFEU and in conformity with Article 10(2) of the Protocol 36 TUE; is convinced that this would provide substantial benefits in terms of democratic legitimacy, legal certainty and transparency, enhance coherence with other criminal law instruments adopted under ordinary legislative procedure, and allow for clarification of ‘judicial authority’ as an autonomous concept of EU law; such “lisbonisation” should inter alia provide for an obligation for the issuing authority to apply consistently a proportionality test, establish explicit grounds for refusal to surrender a person in accordance with Article 6 TEU and the EU Charter of Fundamental Rights, provide for explicit reporting obligations on Member States on their issue and execution of EAWs, and enhance enforcement powers of the Commission;
Amendment 42 #
2019/2207(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the withdrawal of the UK from the EU creates opportunities for further unification of the criminal justice area; recalls that the Political Declaration on the future relationship states that the UK and EU ‘will provide for comprehensive, close, balanced and reciprocal law enforcement and judicial cooperation in criminal matters’; insists that any agreement between the EU and UK in the field of criminal justice cooperation must be underpinned, inter alia, by their commitments on fundamental rights, including adherence and giving effect to ECHR, ne bis in idem principle and procedural rights, as well as by the role of the ECJ in this matter.
Amendment 63 #
2019/2206(INI)
Motion for a resolution
Recital D
Recital D
D. whereas there have been significant shortcomings in the implementation of the Dublin III Regulation, including during the COVID-19 crisis, undermining during the migration crisis in 2015 and during the COVID-19 crisis, undermining the trust between the Member States and the right to international protection and leading to violations of fundamental rights;
Amendment 69 #
2019/2206(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 93 #
2019/2206(INI)
Motion for a resolution
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Stresses that EU migration policy must distinguish between people seeking protection and economic migrants; notes that only 38 percent of the asylum seekers in the EU where granted asylum in the first instance; underlines that this undermines the intentions of the EU asylum system as a whole as well as the Dublin III regulation;
Amendment 110 #
2019/2206(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at EU level; deplores the fact that efforts to overhaul the Dublin III Regulation have been blocked in the Councilcalls for a swift adoption of the new pact on asylum and migration;
Amendment 116 #
2019/2206(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the crisis management tool provided for in Article 33 did not provide effective support to the Member States, during the crisis in 2015 nor did it offer a response to the consequences of the COVID-19 crisis; considers that a solidarity-based crisis management mechanism, endowed with a financial instrument managed by the Commission, should be established to ensure continuity of the right of asylum in the EU under the best possible conditions;
Amendment 221 #
2019/2206(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that further harmonisation of the Member States´ asylum systems is key to a functioning Dublin III regulation and preventing secondary movements; calls on the Commission to ensure that treatment of asylum seekers is equal across the EU in relative terms;
Amendment 231 #
2019/2206(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to evaluate EU migration policy, including any push and pull factors in order to prevent an overload of the Dublin system; Stresses that the EU should, as part of a coherent “Africa Strategy”, resume the discussion about regional disembarkation platforms on both sides of the Mediterranean where asylum seekers can be received safely and their claims assessed in an efficient, dignified and humane way;
Amendment 254 #
2019/2206(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that closer cooperation between national asylum authorities is needed, in order to share information and streamline transfers; proposes that EASO be given the task of drawing up enhanced governance arrangements for the application of the Dublin III Regulation, including a monthly operational dialogue between national authorities, and a platform for the exchange and sharing of information and best practices; notes that the non-coordinated use of the Dublin Units prevents the Dublin III Regulation to function efficiently;
Amendment 265 #
2019/2206(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that some two-thirds of asylum applications are submitted by nationals of safe countries who have arrived in the EU on a visa or visa waiver; considers that these manifestly unfounded applications contribute to the overloading of asylum systems; calls on the Commission and the Member States to make asylum and visa policies more consistent and further evaluate the EU´s visa policy in order to reduce the number of unfounded asylum applications;
Amendment 275 #
2019/2206(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes that EASO be given an expanded role in analysing the flows of and pathways taken by asylum seekers, in order to better anticipate and understand pressures on asylum systems and to make the Dublin III Regulation become more efficient;
Amendment 285 #
2019/2206(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the importance of drawing up preventive action plans by the Member States, with the support and coordination of the Commission, that will include bilateral agreements with third countries as part of the tools aimed at addressing particular pressure on a Member State's asylum system, allowing for better preparedness in the event of a potential asylum crisis situation;
Amendment 20 #
2019/2171(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the regional cooperation initiatives in Southeast Europe and pan-European initiatives, such as the South-East Europe Cooperation Process, Brdo-Brijuni Process, the Central European Initiative, the Adriatic-Ionian Initiative, the Energy Community Treaty, Erasmus+, the EU Strategies for the Danube Region and for the Adriatic-Ionian Region, the Migration, Asylum, Refugees Regional Initiative (MARRI), RECOM, the Regional Network for Accession (RENA), the Regional School of Public Administration (ReSPA), the Regional Youth Cooperation Office (RYCO), the Transport Community Treaty, the Western Balkans Fund and the Central European Free Trade Agreement (CEFTA),
Amendment 47 #
2019/2171(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Stabilisation and Association Process and Bosnia and Herzegovina’s EU membership application represent the country’s strategic choice towards European integration, which must translate into tangible results on the ground;
Amendment 89 #
2019/2171(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Reiterates its strong support for the European integration of Bosnia and Herzegovina and calls on the European Council to continue supporting its European perspective;
Amendment 90 #
2019/2171(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Highlights the strong support for European integration among population in Bosnia and Herzegovina;
Amendment 91 #
2019/2171(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Welcomes the steps taken by Bosnia and Herzegovina in addressing some key aspects of the Commission's Opinion and its continued implementation of the Stabilisation and Association Agreement, including progress made concerning the joint parliamentary committee as well as the political agreement allowing for the local elections in Mostar to take place in December 2020;
Amendment 94 #
2019/2171(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the path towards the EU depends on sustainable peace and genuine reconciliation warranting the democratic and multicultural character of BiH; urges the country to expedite effective prosecution of war crimes under the revised National War Crimes Processing Strategy, and calls for impartial and effective investigations into these crimes; condemns any kind of historical revisionism, secessionist rhetoric and related acts, denial or glorification of war crimes committed during the 1990’s war; urges long overdue action to tackle the issue of the tens of thousands of women who have been raped or otherwise sexually assaulted during the wars of the nineties;
Amendment 105 #
2019/2171(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the efforts of local and international organisations, including the International Commission on Missing Persons (ICMP), to account for over 30,000 persons who went missing during the 1990s conflicts on the territory of the former Yugoslavia and more than 8,000 Srebrenica genocide victims;
Amendment 108 #
2019/2171(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes efforts aiming at promoting religious diversity, mutual respect and interfaith dialogue, including through the Inter-Religious Council of BiH; urges competent authorities to promptly investigate and prosecute all crimes committed on religious grounds;
Amendment 110 #
2019/2171(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on all regional political leaders to set up the Regional Commission tasked with establishing the facts about all victims of war crimes and other human rights violations committed on the territory of the former Yugoslavia (RECOM), building upon the significant work carried out by the Coalition for RECOM from 1 January 1991 until 31 December 2001;
Amendment 119 #
2019/2171(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the authorities to ensure inclusive and non-discriminatory education for all children; rejects the ongoing practice of segregation in education, as exemplified by the still numerous ‘two schools under one roof’ which perpetuate stereotypes and prejudices, prevent contact between students from different constituent peoples and are thus completely at odds with the very notion of reconciliation; stresses that differences in history teaching and textbooks pose a considerable threat to the possibility of a shared sense of citizenship and future social cohesion in BiH;
Amendment 131 #
2019/2171(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to develop a program to support sustainable reform in BiH’s education system;
Amendment 154 #
2019/2171(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Commends the adoption of the amendments to the BiH Election Law that allowed Mostar citizens to vote in the 2020 local elections for the first time since 2008; intends to closely monitor developments after the 20 December elections and calls for a swift formation of the new local government; welcomes the Parliamentary Assembly’s vote of 22 July 2020 on the Rules of Procedure governing the meetings of Stabilisation and Association Parliamentary Committee (SAPC), paving the way for their formal adoption by the 2nd EU-BiH SAPC as soon as possible;
Amendment 169 #
2019/2171(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the urgent need to address shortcomings in the constitutional framework and to make progress on reforms that would transform BiH into a fully functional and inclusive state; stresses that institutional reforms depend on the will and commitment of political leaders and institutions in the country and insists that leaders seize the unique window of opportunity between the recent municipal elections and the general elections in 2022 to make genuine and long overdue progress on constitutional change, which is part of the 14 key priorities; urges the international community to facilitate the conditions for constitutional dialogue under the leadership of the EU, in particular Parliament, and in consultation with civil society; insists that such dialogue must run in parallel with the implementation of other reforms;
Amendment 176 #
2019/2171(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Urges the Commission to put more emphasis on the mentioned constitutional reform in its next annual report;
Amendment 183 #
2019/2171(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets the lack of progress on reforms in the judiciary; reiterates the urgent need to strengthen the professionalism and accountability of the judiciary and to ensure its independence from undue influence; stresses that these reforms are essential for the country to obtain candidate status and that they depend solely on the necessary political will;
Amendment 186 #
2019/2171(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges to swiftly adopt the reform of the High Judicial and Prosecutorial Council (HJPC) in line with the Commission’s recommendations and the Opinion of the Venice Commission, strengthening independence of the BiH judiciary through appointment, appraisal, integrity and disciplinary measures, including through verification of annual asset declarations;
Amendment 189 #
2019/2171(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Underlines the need to enable a unified interpretation of the law across the 13 legal jurisdictions and urges BiH to establish a legal body ensuring consistent and harmonised interpretation of the law and recalls the need to ensure independent judicial review by setting up an appellate second-instance court;
Amendment 191 #
2019/2171(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Welcomes the Memorandum of Understanding on setting up of a Joint Coordination Body of associations of judges and prosecutors as a tool to enhance independence, transparency and accountability of judiciary and calls upon all the relevant associations to join;
Amendment 192 #
2019/2171(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Urges BiH to sign a cooperation agreement with Eurojust allowing for an efficient exchange of judicial information and sharing of evidence, and to set up a fully-functional Joint Contact Point, enhancing the exchange of criminal intelligence;
Amendment 193 #
2019/2171(INI)
Motion for a resolution
Paragraph 10 e (new)
Paragraph 10 e (new)
10e. Welcomes BiH authorities’ efforts to prevent radicalisation, terrorism finance and its citizens’ involvement on to foreign battlefields;
Amendment 198 #
2019/2171(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for immediate steps to tackle corruption and impunity in the public sphere in order to rebuild citizens’ trust in the institutions; Notes in this regard the importance of putting in place effective and consistent dissuasion, prevention, detection, pro-active investigation and sanction mechanisms, in line with international standards and GRECO recommendations;
Amendment 202 #
2019/2171(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges to ensure adequate funding for anti-corruption strategies, strengthen and ensure durability and independence of corruption prevention bodies, and enable unhindered investigations in order to safeguard accountability;
Amendment 203 #
2019/2171(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Urges to step up investigation against illicit enrichment of public officials and to consider establishing a vetting procedure for the members of judiciary;
Amendment 204 #
2019/2171(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Reiterates the need to eradicate political and administrative links to organised crime through clear anti- corruption safeguards and increased transparency, with a particular focus on addressing economic, financial and public procurement crime along with the checks and transparency of political party and campaign financing;
Amendment 208 #
2019/2171(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the need to ensure consistent country-wide professional civil service standards, and calls for the implementation of merit-based standards in public appointments and promotions as a priority, advancing the culture of integrity; welcomes the adoption of the Public Administration Reform Strategic Framework, enabling mobilisation of related EU funds;
Amendment 219 #
2019/2171(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses concern over the fundamental rights situation, and calls for more effective and comprehensive countrywide human rights and anti- discrimination strategies, as well as measures against interfaith and interethnic intolerance; stresses the need to duly prevent and prosecute the proliferation of hate speech, hate crimes and violence, and to promote social inclusion of minorities and vulnerable populations, including the Roma as well as people with disabilities; commends the first-ever Sarajevo Pride, held on 9 September 2019;
Amendment 224 #
2019/2171(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Insists that genuine reconciliation is impossible with recurring segregation and discrimination, including in access to education, employment and social rights, and calls for measures to alleviate large- scale discrimination against specific groups; urges to ensure inclusive and non-discriminatory education for all children;
Amendment 226 #
2019/2171(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Notes progress in the field of child protection, including implementation of Laws on Protection and Treatment of Children and Juveniles in Criminal Proceedings and establishing a system of foster care; Recalls the need for further measures to ensure children’s’ right to health, education, protection, justice and equitable opportunities through inclusive multi-lingual education and prevention of violence against children;
Amendment 227 #
2019/2171(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Welcomes the signature by BiH of the Council of Europe’s Convention 108+ and urges authorities to take legal steps ensuring EU-compliant personal data protection standards;
Amendment 228 #
2019/2171(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Commends the decision of the Constitutional Court of 4 October 2019 to repeal Article 11 of the Constitution of the Republika Srpska entity, thus abolishing capital punishment across BiH; regrets, however, that this decision, which meets part of one of the key priorities, had to be imposed by a Court instead of being the result of a political process;
Amendment 235 #
2019/2171(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets BiH’s continued inability to comply with anti-discrimination rulings of the European Court of Human Rights (ECtHR) which is a prerequisite for opening accession negotiations; notes the continuing shortcomings in the election process, and reiterates the need to address discriminatory ethnicity and residency- based restrictions on the right to stand for election through the required constitutional changes;
Amendment 251 #
2019/2171(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for effective measures ensuring transparency of editorial and media ownership structure, along with the rules on subsidies and publicity;
Amendment 252 #
2019/2171(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17d. Recalls that high quality multilingual content in all official languages of BiH is an essential component of a genuine media pluralism;
Amendment 255 #
2019/2171(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges to put in place a mechanism for gathering and exchanging information on violations of freedom of expression and media across the country, under the relevant Memorandum of Understanding signed with the OSCE;
Amendment 256 #
2019/2171(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Urges to ensure sustainable funding of the public broadcasting system; Recalls the need to ensure independence, objectivity and financial transparency of the state-wide public broadcasting service (BHRT), entity-level public broadcasters and the Communications Regulatory Agency;
Amendment 260 #
2019/2171(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls the importance of fact- checking and media literacy for tackling propaganda, disinformation and fake news; Insists that the EU must enhance its communication strategy in order to effectively counter disinformation campaigns aimed at diminishing the EU’s credibility in the region;
Amendment 283 #
2019/2171(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the increased migratory pressure on the country; calls for effective inter-institutional coordination of migration and border management in the face of a mounting humanitarian crisis; calls for equitable burden-sharing and adequate support for local communities hosting temporary reception centres; underlines the need to ensure appropriate reception conditions and to boost capacity for processing incoming migrants and asylum- seekers; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); calls on the EU to step up its support to BiH’s authorities, namely with regard to operational, technical, logistical and further financial assistance;
Amendment 301 #
2019/2171(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges BiH to step up its efforts against cross-border crime, especially human trafficking, and to ensure swift conclusion of the status agreement with the European Border and Coast Guard Agency (Frontex) reached on the 5th of February 2019 and still pending signature and ratification, that would facilitate better protection of borders in full respect for fundamental rights, while helping fight cross-border crime and illegal migration;
Amendment 313 #
2019/2171(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for a co-ordinated, strategic countrywide response to the ongoing health emergency and post-pandemic recovery measures; recalls COVID-related EU support to address the acute situation in the country, including new loan guarantees of €12 million to support SMEs; encourages BiH to make full use of the Union’s mechanisms, including adherence to the Joint Procurement Agreement for medical equipment; calls for urgent and specific measures to address the plight of women in all spheres of life, including domestic violence, which has further deteriorated during the pandemic; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to the Western Balkan countries;
Amendment 318 #
2019/2171(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for a co-ordinated, strategic countrywide response to the ongoing health emergency and post-pandemic recovery measures in full respect of the principle of non discrimination; recalls COVID-related EU support to address the acute situation in the country; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to the Western Balkan countries;
Amendment 326 #
2019/2171(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Considers that short-term measures addressing the pandemic- related slowdown in trade, services, transport, manufacturing and tourism should not undermine implementation of long-term reforms;
Amendment 327 #
2019/2171(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Recalls that predictable pre- accession funding is conditional upon effective coordination methods and implementation of the countrywide strategies and reforms;
Amendment 334 #
2019/2171(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on BiH to step up active labour market measures aimed at reducing long-term and youth unemployment, contributing to the most acute brain drain in the region, notably in the health and IT sector; calls for BiH to step up socio- economic measures to address the demographic decline and brain drain;
Amendment 346 #
2019/2171(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Underlines the urgency of creating a single economic space, including by simplifying, centralising and harmonizing procedures for business registration, licensing, permit issuing and insolvency;
Amendment 347 #
2019/2171(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Recalls the necessity to fully implement measures foreseen in the 2020- 2022 BiH Economic Reform Programme and the Policy Guidance based on the Economic and Financial Dialogue;
Amendment 348 #
2019/2171(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24c. Urges BiH to actively advance regional economic integration in the Western Balkans;
Amendment 350 #
2019/2171(INI)
Motion for a resolution
Paragraph 24 e (new)
Paragraph 24 e (new)
24e. Urges the country to put into effect the law on customs policy, implement the trade aspects of the Regional Economic Area (REA) and complete steps required to conclude its accession to the WTO;
Amendment 351 #
2019/2171(INI)
Motion for a resolution
Paragraph 24 f (new)
Paragraph 24 f (new)
24f. Renews its calls for the adoption of a country-wide strategy on public finance management and for increased budget transparency in BiH, enabling the EU- funded budget support;
Amendment 352 #
2019/2171(INI)
Motion for a resolution
Paragraph 24 g (new)
Paragraph 24 g (new)
24g. Recalls the need to advance sustainability of the public debt and budget-consolidation efforts; regrets the inter-entity disputes impeding functioning of the single indirect tax system;
Amendment 353 #
2019/2171(INI)
Motion for a resolution
Paragraph 24 h (new)
Paragraph 24 h (new)
24h. Calls on BiH to without further delay safeguard property rights by putting in place a comprehensive legislative framework governing restitution;
Amendment 354 #
2019/2171(INI)
Motion for a resolution
Paragraph 24 i (new)
Paragraph 24 i (new)
24i. Recalls the need for a coherent restructuring, depolitisation and transparent privatisation of public companies across the country, leading to an improved governance and transparency; underlines the need to establish a publicly available register of state-owned enterprises;
Amendment 355 #
2019/2171(INI)
Motion for a resolution
Paragraph 24 j (new)
Paragraph 24 j (new)
24j. Calls to ensure effective functioning and enforcement of decisions by the Competition Council and the State Aid Council and implementation of the strategy on enforcing intellectual property rights;
Amendment 356 #
2019/2171(INI)
Motion for a resolution
Paragraph 24 k (new)
Paragraph 24 k (new)
24k. Recalls the need to ensure timely, comprehensive, high-quality country-wide statistics;
Amendment 357 #
2019/2171(INI)
Motion for a resolution
Paragraph 24 l (new)
Paragraph 24 l (new)
24l. Underlines that independence of the Central Bank and its reserves is key for macroeconomic stability;
Amendment 360 #
2019/2171(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recommends focusing on growth- enhancing public investment and infrastructure projects increasing transport multimodality and road safety, making full use of the Economic and Investment Plan for the Western Balkans; recalls that such projects must be in line with the rules on state aid, public procurement and the environmental impact; urges to improve Bosnia and Herzegovina’s absorption capacity of EU funds;
Amendment 367 #
2019/2171(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Urges BiH’s authorities to ensure alignment with EU standards and policy objectives on climate protection and energy, facilitating the green and digital transition, and calls for the prioritisation of measures reducing ecological degradation and environmental risks to health; and to increase sustainability of the energy generation sector by boosting energy efficiency and diversification through sustainable usage of renewables and to contribute to the regional connectivity, namely by working towards completing the Regional Energy Market; furthermore notes that air pollution needs to be addressed in a harmonised and consistent country-wide manner, also mitigating the risk for cross-border pollution;
Amendment 374 #
2019/2171(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Urges the country to adopt a state- wide Law on Electricity and Natural Gas Regulator, Transmission and Electricity Market and implement national measures of energy efficiency and renewable energy generation, ensuring compliance with the obligations of the Third Energy Package and the Treaty Establishing the Energy Community;
Amendment 376 #
2019/2171(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Recalls that overreliance of coal delays an overdue transition to renewable energy; urges authorities to take steps to phase out unproductive and polluting coal-supplied power plants and recalls the need to ensure existence of a “just transition“ mechanism;
Amendment 378 #
2019/2171(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Underlines that planning and construction of eco-sensitive projects, such as hydropower development must comply with international and EU norms on impact assessments and environmental protection;
Amendment 380 #
2019/2171(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Calls on BiH to enhance efforts on biodiversity conservation, as it is one of the countries in Europe with the greatest diversity in plant and animal species;
Amendment 382 #
2019/2171(INI)
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Recalls the need to advance preparedness for climate change phenomena, in particular flooding and drought; recalls that BiH is yet to establish an integrated civil emergency response information system;
Amendment 384 #
2019/2171(INI)
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26f. Calls for steps enabling sustainable waste management process under a waste management information system, putting in place adequate recycling facilities and preventing the case of illegal waste dumping;
Amendment 388 #
2019/2171(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Urges BiH to continue progressively improving Common Foreign and Security Policy (CFSP) alignment, as it constitutes an essential component of EU membership; Firmly believes that better communication of the EU commitment towards the region is paramount to tackle malign foreign influences; calls for the strengthening of good neighbourly relations and increased efforts to resolve all outstanding bilateral issues, such as border demarcation with Croatia and Serbia and normalisation of relations with Kosovo;
Amendment 392 #
2019/2171(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Welcomes BiH’s participation in the NATO’s Membership Action Plan (MAP) and the country’s contribution to the NATO's Resolute Support Mission (RSM) in Afghanistan;
Amendment 397 #
2019/2171(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the continued presence of EUFOR’s Operation Althea in the country and the extension of EUFOR’s mandate until November 2021; Commends the operation for remaining fully operational and continuing to support the country in spite of the challenges caused by the COVID-19 pandemic; looks forward to the forthcoming strategic review of the operation and stresses that the latter should retain its intelligence assets and readily available reserves;
Amendment 400 #
2019/2171(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes ongoing and continued efforts on the disposal of weapons, ammunition, explosives and demining; Recalls the importance of properly funding demining efforts in the country; calls on further support of the EU and of international organizations to ensure that de-mining could be stepped up allowing BiH to be freed from the remnants of its war-torn years;
Amendment 18 #
2019/2170(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas enlargement is one of the EU’s most effective foreign policy instruments contributing to extending the reach of the Union’s fundamental values of respect for human dignity, freedom, democracy, the rule of law, fostering peace and respect for human rights;
Amendment 25 #
2019/2170(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the merit-based prospect of full EU membership is in the Union's own political, security and economic interests, the quality and dedication to the necessary reforms determine the timetable for accession; whereas consistent efforts on the key reforms require the joint engagement of all stakeholders;
Amendment 51 #
2019/2170(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises the importance of the integration process as a catalyst for reforms, and welcomes the support which this process enjoys among the Albanian people;
Amendment 53 #
2019/2170(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the need to improve the visibility and communication concerning EU aid and Union financing in Albania; in this regard, reminds of the performance reward under the Instrument for Pre-Accession Assistance to North Macedonia and Albania and notably the substantial support the EU has provided to the Western Balkans to fight the COVID-19 pandemic;
Amendment 80 #
2019/2170(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the general elections of 25 April 2021 will be key for the country’s democratic consolidation; reminds that free and fair elections are a fundamental prerequisite for EU integration;
Amendment 84 #
2019/2170(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the importance of implementing the electoral reform measures codified in July 2020, which are in line with the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) ) and Council of Europe recommendations; welcomstresses the commitmentimportance to implement the forthcoming Venice Commission opinion regarding the amendments to the Electoral Code adopted in October 2020; deplores the breach of the 5 June 2020 agreement, and that the Albanian Parliament passed the disputed legislation, despite repeated calls by the international community to await the opinion of the Venice Commission;
Amendment 92 #
2019/2170(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for the most pressing recommendations of the Venice Commission to be adopted and implemented in due time before the upcoming general elections;
Amendment 96 #
2019/2170(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Recalls that the prosecution of vote riggers was a condition set by the Council that Albania need to fulfil prior to opening accession negotiations; is concerned about impunity, as alleged cases have not reached court and no arrests have yet been made;
Amendment 123 #
2019/2170(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls for concrete integrity plans to be swiftly adopted and implemented within all ministries, as foreseen in the Inter-Sectorial Strategy against corruption and the Action Plan for its implementation;
Amendment 132 #
2019/2170(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the efforts to dismantle local and international criminal networks, and to eliminate drug production and trafficking, to be intensified further, building on the significant efforts of recent years; welcomes the increased cooperation with Europol and the law enforcement institutions of EU Member States, and encourages the Albanian authorities to swiftly finalise the posting of an Albanian liaison prosecutor to the European Union Agency for Criminal Justice Cooperation (Eurojust); recommends Albania to adopt a new strategy and action plan on drugs, including to fill-in the legislative gap on drug precursors;
Amendment 143 #
2019/2170(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses the need for sufficient human, technical and financial resources to relevant actors, such as the Ombudsman and the Commissioner for Protection from Discrimination (CPD), and their work on human rights promotion and protection;
Amendment 145 #
2019/2170(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the creation of an effective mechanism for the prevention of gender- based and domestic violence including violence against children, and for protection and support to be given to its victims, combined with the effective and efficient prosecution of its perpetrators;
Amendment 151 #
2019/2170(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reminds Albania of its calls for further improvements to be made in the education and health, and the employment rates and living and health conditions of Roma and other ethnicpeople with disabilities and other ethnic minorities, notably the Roma minority - as one of the most marginalized minorities;
Amendment 167 #
2019/2170(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes Albania’s efforts in promoting tolerance, inter-religious harmony and addressing prejudice and discrimination, including antisemitism; especially commends the adoption of the International Holocaust Remembrance Alliance’s definition of anti-Semitism, being the first Muslim-majority country to accept the formulation;
Amendment 178 #
2019/2170(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that border protection and the prevention of cross-border crime, including in cooperation with the European Border and Coast Guard Agency (Frontex), must be a priority and conducted in full respect for fundamental rights;
Amendment 183 #
2019/2170(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the ongoing measures and calls for further progress to be made in considerably reducing irregular migration and the number of unfounded asylum claims by Albanian nationals, including the arrivals of unaccompanied minors, in the EU Member States;
Amendment 191 #
2019/2170(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recalls the importance of ensuring quality journalism and media literacy for the functioning of democracy and in tackling disinformation; is very concerned about the nefarious allegations that disinformation is a common bludgeon deployed against investigative journalists, civil society activists and others seeking to hold powerful interests to account;
Amendment 262 #
2019/2170(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Welcomes Albania’s ongoing full alignment with the common foreign and security policy decisions and declarations since 2012 and its active contribution to the EU crisis management missions and operations; commends Albania’s active participation in military crisis management missions under the common security and defence policy, as well as its active contribution to NATO missions of strategic importance to the EU;
Amendment 19 #
2019/2167(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that gender equality and human rights are fundamental values of the European Union, enshrining, therefore, principles that apply to all its policies, particularly common foreign and security policy; in this connection, gender should be mainstreamed in all the EU’s external action, particularly in the context of cooperation with third countries and other regional and international organisations, from conflict prevention and resolution and humanitarian aid to development;
Amendment 24 #
2019/2167(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the importance of promoting gender equality within the scope of the EU’s neighbourhood and enlargement policy, particularly in the context of accession talks;
Amendment 81 #
2019/2167(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that developing and using gender analysis and the systematic integration of a gender perspective constitutes one of the foundations of effective and lasting conflict prevention and resolution, particularly through the facilitation of dialogue, mediation and peace negotiations;
Amendment 3 #
2019/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need to continuously improve the mechanisms designed to ensure that rule-making is in full compliance with the Treaties, notably the principles of conferral, subsidiarity and proportionality, as set out in Article 5 of the Treaty on European Union (TEU), and with the principle of sincere cooperation as set out in Article 13 of the Treaty on the European Union (TEU);
Amendment 7 #
2019/2132(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that the norms of the European Union need to be formulated in a clear, understandable way, respecting the principle of legal clarity, transparency and the principle of legal certainty, stresses that European Union law needs to clearly define the rights and obligations that the addressees of the norms, especially the European Union institutions and the Member States need to follow;
Amendment 13 #
2019/2132(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the crucial role of national parliaments in the pre-legislative scrutiny of draft EU laws and in their correct implementation by the Member States; notes that the existing forms of cooperation with national parliaments - like inter-parliamentary delegations, or procedures involving national parliaments in information-exchange regarding law- making and application - could be improved, calls for discussing possibilities for enhancing cooperation in the field of the application of the principles of subsidiarity and in defining the role of the principle of proportionality during decision-making and the application of norms during the Conference on the Future of Europe;
Amendment 17 #
2019/2132(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes the importance of avoiding unnecessary complexity and reducing administrative burdens for citizens and businesses alike, calls for the need to provide all necessary help to avoid over- regulation when transposing and applying European Union law;
Amendment 19 #
2019/2132(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Stresses that the proper application of European Union law and the fulfilment of the obligations arising therefrom are the joint responsibility of the Member States and the institutions and bodies of the European Union, with regard to obligations stemming from the Treaties and the Charter of Fundamental Rights of the European Union;
Amendment 21 #
2019/2132(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for improvements to the EU law-making process, which relies on transparency and accountability in legislative drafting, together with civil society participation, where appropriate; echoes that the effectiveness of the EU’s legal acts –which hinges on the correctness and timeliness of their implementation – forms the cornerstone of legal certainty and better application;
Amendment 23 #
2019/2132(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that proper transposition and implementation of EUuropean Union law, on the basis of Article 197 of the Treaty on the Functioning of the European Union (TFEU), is of the utmost importance; calls for appropriate ex post impact assessment of EU law, including sustainability impact assessments; and for appropriate ex ante assessment beforehand during legislative procedures, in line with the pledge of the European Parliament and the Council to carry out impact assessments in relation to their substantial amendments to the Commission's proposal when they consider this to be appropriate and necessary for the legislative process;
Amendment 32 #
2019/2132(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission to enhance public debate on its annual report on the monitoring of the application of EU law and to further support Member States in transposing and implementing EU legislation through institutional and administrative capacity-building initiatives; suggests to examine the role of non legally binding guidance documents that aim to assist the Member States in the implementation process;
Amendment 41 #
2019/2132(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls the need to fully safeguard the role of the Court of Justice of the European Union (CJEU) to ensure the uniform interpretation and application of EU law in the context of Brexit andimplementation of the Withdrawal Agreement and with regards to the future relationship with the UK.
Amendment 65 #
2019/0002(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Regulation (EU) 2018/1240
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
Article 4 a Article 7 (3b) The ETIAS Central Unit shall provide periodical reports to the Commission and eu-LISA concerning false hits generated during the automated processing referred to in Article 20(2). The ETIAS Central Unit shall seek the cooperation and information from the ETIAS National Units in this regard.
Amendment 87 #
2019/0002(COD)
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
Regulation 2018/1240
Article 12 – paragraph 2 (new)
Article 12 – paragraph 2 (new)
2. ForIf the purposeimplementation of paragraph 1, a cooperation agreement is to be agreed upon between the European Union and INTERPOL. This cooperation agreement shall provide for the modalities for the exchange of information and safeguards for the protection of personal data.; is not ensured, ETIAS shall not query Interpol’s databases.
Amendment 100 #
2019/0002(COD)
Proposal for a regulation
Article 1 – paragraph 11 a (new)
Article 1 – paragraph 11 a (new)
(11 a) In article 26, the following paragraph is inserted: 3a.In the event of hits on SIS Return, the ETIAS national Unit of the Member State that is processing the application shall: a) where the return decision is accompanied by an entry ban, immediately inform the issuing Member State through the exchange of supplementary information.The issuing Member State shall immediately delete the alert on return and enter an alert for refusal of entry and stay pursuant to point (b) of Article 24(1) of Regulation (EU) 2018/1861 b) where the return decision is not accompanied by an entry ban, immediately inform the issuing Member State through the exchange of supplementary information, in order that the issuing Member State delete the alert on return without delay.
Amendment 107 #
2019/0002(COD)
Proposal for a regulation
Article 1 – paragraph 13 – point c
Article 1 – paragraph 13 – point c
Regulation 2018/1240
article 88 – paragraph 7
article 88 – paragraph 7
7. ETIAS shall start its operations irrespective of whether a cooperation agreement between the European Union and INTERPOL as referred to in Article 12(2) has been concluded and irrespective of whether it is possible to query Interpol’s databases..
Amendment 113 #
2019/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EC) No 767/2008
Article 6 – paragraph 2
Article 6 – paragraph 2
Access to the VIS for consulting the data shall be reserved exclusively tofor the duly authorised staff of the national authorities of each Member State, including to duly authorised staff of the ETIAS National Units, designated pursuant to Article 8 of Regulation (EU) 2018/1240 of the European Parliament and of the Council*, which are competent for the purposes laid down in Articles 15 to 22, and for the duly authorised staff of the national authorities of each Member States and of the EU bodies which are competent and of the EU bodies which are competent for the purposes laid down in Article 6a and 6b, Articles 15 to 22, Articles 22g as well as for the purposes laid down in [Articles 20 and Article 21 of the Regulation 2018/xx9/817 on interoperability] limited to the extent that the data are required for the performance of their tasks in accordance with those purposes, and proportionate to the objectives pursued.”;.
Amendment 114 #
2019/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Articles 18b, 18c and 18d
Articles 18b, 18c and 18d
Amendment 121 #
2019/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 34a
Article 34a
Amendment 123 #
2019/0002(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 767/200
Annex
Annex
Amendment 3 #
2018/2113(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 12 #
2018/2113(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Spitzenkandidaten process has substantially changed the relationshipreflects the interinstitutional balance between the Parliament and the Commission, therefore having substantially consolidated and has strengthened the link between the two institutions, thus leading to a greater politicisation of the Commission which should result in increased parliamentary scrutiny of its executive functions;
Amendment 25 #
2018/2113(INI)
Motion for a resolution
Recital O
Recital O
Amendment 28 #
2018/2113(INI)
Motion for a resolution
Recital P
Recital P
P. whereas stronger cooperation between the European Parliament and national and regional parliaments, in line with their respective constitutional competences, is necessar and in accordance with Article 10(2) TEU, is key to address the issue of multi-layered executive functions when it comes to the implementation of European legislation;
Amendment 33 #
2018/2113(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges the fact that the strong politicisation of the Commission since the first successful implementation of the Spitzenkandidaten process has narrowed the democratic gap, by allowing European citizens a direct say in the choice of the president of the Commission; therefore strongly supports the pursuit of this practice for the 2019 European elections;
Amendment 37 #
2018/2113(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 40 #
2018/2113(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 49 #
2018/2113(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that Parliament’s role of oversight towards the executive should be mirrored by similar competences of the national parliaments over their own executives when dealing with European affairs; takes the view that such accountability is the keystone of the role of national parliamentary chambers in the European Union;
Amendment 67 #
2018/2113(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Believes that the establishment of an annual European week would allow MEPs and Commissioners, notably Vice- Presidents in charge of Clusters, to stand before all national parliamentary assemblies in order to discuss and to explain the European agenda alongside with MPs and representatives from civil society; suggests this initiative could foster the democratic accountability of the Commission pursuant to the Treaty of Lisbon;
Amendment 74 #
2018/2113(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 3 #
2018/2099(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the creation of the EII, the establishment of PESCO and the reinforceuropean Intervention Initiative, as a rapid response to crisis that could threaten the European security, as well as the establishment of the EDFPESCO, as important and compatible steps towards strengthening the Union’s security and defence, in close cooperation and full complementarity with NATO;
Amendment 6 #
2018/2099(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that these steps imply close cooperation and full complementarity with NATO, in which the Union's position should be reinforced; believes, moreover, that neutrality of Member States towards NATO shall necessarily have consequences at the level of their budgetary obligations within the European Defence Union;
Amendment 7 #
2018/2099(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes the highlight of the European Defence Union in the MFF post-2020, as well as the increase in the European Defence Agency's budget and the reinforcement of the European Defence Fund; urges the Member States to increase their defence spending;
Amendment 10 #
2018/2099(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that several Member States have recently called for an EU Security Council, anfor the deployment and development of the EU Battle Group and for a European intelligence unit, acting as a database, ensuring automatic data accessibility and interoperability among intelligence services and with the police; meanwhile, endorswelcomes the inauguration of a permanent operational headquarter and the increase of the EDA’s budget;
Amendment 17 #
2018/2099(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends the establishment of a permanent Council of Defence Ministers, chaired by the VP/HR; recognizes that further European integration should also mean more democratic scrutiny through parliamentary control; hence, underlines the need to strengthen the EP’s role in this field, namely through a fully-fledged Committee on Security and Defence, complemented by joint inter-parliamentary meetings between representatives from national parliaments and MEP;
Amendment 27 #
2018/2099(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the importance of the EBCG, and reminds its request for the creation of a genuine EU Civil Protection Body, while pointing out that it would favour the ongoing development of a single defence marketuropean Border and Coast Guard; congratulates the revision of the Decision 1313/2013/EU for a fully-fledged European Union Civil Protection Mechanism with own operational capacities; reminds its request for the creation of a genuine EU Civil Protection Body and believes that the Treaties in force offer a good basis to do so; points out, in this regard, that both the internal and the external dimensions of the Union's CSDP favour the ongoing development of a single defence market, namely by taking full advantage of synergies, creating scale economies and therefore consolidating its fragmented defence industry and reducing excess capacities;
Amendment 31 #
2018/2099(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that close cooperation between the Union and its closest allies, such as the UK and the USA, remains of the utmost importance, while stressing that the relevant institutional consequences of that cooperation should not be disregarded.
Amendment 1 #
2018/2096(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Article 228 TFEU and Article 3 of the Statute of the Ombudsman allows the Ombudsman to conduct inquiries for which she finds grounds, either on the basis of a complaint or on her own initiative;
Amendment 2 #
2018/2096(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the integrity of the Statute and the independence of the Ombudsman depend on avoiding any overlap between the powers constitutionally assigned to the latter and those of the European Parliament and the Court of Justice of the European Union;
Amendment 65 #
2018/2096(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that thisRecalls that, under Article 10(2) of the Lisbon Treaty, national governments are democratically accountable to national parliaments, and considers this to be the linchpin for the functioning of national parliaments in the European Union; points out that the lack of information and transparency also hampers the ability of national parliaments to control the actions of national governments in the Council, and enables members of national governments to distance themselves in the national sphere from decisions made at the European level which they shaped and took themselves; considers ithat this practice, which must be urgently ended, is conducive to infringement of the Treaties and irresponsible on the part of members of national governments to undermine trust in the European Union byhat are ‘blaming Brussels’ for decisions that they themselves were involved in; demands an immediate end to this practice;.
Amendment 62 #
2018/2094(INI)
Motion for a resolution
Recital J
Recital J
Amendment 66 #
2018/2094(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas in its report (2017/2054 (INL) - 2017/0900), the European Parliament rejected at the outset the creation of transnational lists; whereas the debate on the future of the Union must not be a return to the past, bearing in mind that the legitimacy and the democratic nature of the European project are fundamentally based on respect for decisions taken by Parliament; whereas transnational lists are in breach of the degressive proportionality principle, serving to consolidate the Eurosceptic movements and alienate voters from their constituencies, as well as being perceived as a drift towards centralism, widening the gap between Member States and upsetting the democratic balance of the Union;
Amendment 120 #
2018/2094(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note of the report of the Task Force on Subsidiarity, Proportionality and ‘Doing Less More Efficiently’ of 10 July 2018, presenting recommendations on a new way of working; considers that many of these recommendations, particularly regarding the role of national parliaments within the Union and the advisability of reforming the early warning system, have already been highlighted by Parliament;
Amendment 172 #
2018/2094(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets that, to date, there has been no practical follow-up neither to its call for a convergence code – to be adopted by codecision – in order to have a more effective framework for economic policy coordination, nor to its call for an interinstitutional agreement (IIA) to be concluded to give Parliament a more substantial role in the European Semester; recalls in this context its suggestion, specifically in line with its report on the implementation of the Treaty provisions concerning national parliaments (A8- 0127/2018), that budgetary calendars at national and European level need to be better coordinated throughout the process in order to better involve both the European Parliament and national parliaments in the European Semester;
Amendment 178 #
2018/2094(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Council decision establishing permanent structured cooperation (PESCO), the Coordinated Annual Review on Defence (CARD) and the European Defence Fund (EDF) as important steps towards a common defence policy, and notes proposals by certain Member States for an EU Security Council and a European Intervention Initiative; recalls its call for the establishment of a permanent Council of Defence Ministers chaired by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), and underlines the importance of appropriate democratic accountability of decisions taken in this area and the need for reinforced cooperation between the European Parliament and national parliaments in this regard; welcomes the strengthening of the European Civil Protection Mechanism and calls once again for the creation of a European Civil Protection Corps, given that the existing Treaties provide a good basis for this;
Amendment 198 #
2018/2094(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines its determination to continue with the Spitzenkandidaten process for the election of the next Commission President, and welcomes the support of the Commission and certain Member States in this respect; underlines that it will reject any candidate, in the investiture procedure of the Commission President, the Treaties are being interpreted in line with the usage that any candidate who was not appointed as a Spitzenkandidat in the run-up to European Parliament elections and who does not have a sufficient parliamentary majority; considers it essential to will be rejected; considers that this usage has amply proved its worth, strengthening the social legitimacy of the European elections and the supranational role of the European Parliament as an exponent of European citizenship and European sovereignty;
Amendment 212 #
2018/2094(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the need to strengthen the European public sphere as a supranational area of European democracy; stresses that the major challenges Europe is facing mustcan be addressed and discussed from a European perspective and not from a national perspective; points out that, for this reason, European democracy needs a European identithrough the introduction of an annual European week allowing Members of the European Parliament and Commissioners to appear simultaneously before national parliaments to discuss the European agenda with their MPs and with representatives of civil society, a genuinely European demos, more European institutional education and a deliberative, more participatory and less national social frameworknd explain it to them; points out that this measure will strengthen European identity, interlinking the peoples of Europe and bringing them closer together;
Amendment 222 #
2018/2094(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the approach taken to the current negotiations on the United Kingdom’s orderly withdrawal from the European Union, and underlines the remarkable unity displayed by the EU institutions and Member States; notes that experience in the negotiations to date has shown the enormous complexities of such decisions; stresses that maintaining a close cooperation relationship with the United Kingdom is extremely relevant to the future of the Union;
Amendment 7 #
2018/2093(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the political perception of differentiated integration varies significantly depending on the national context; whereas, in some Member States that have been members of the Union for longer, it can carry a positive connotation of creating a “pioneer group”, while in othe Member States that have more recently joined the Union it is oftenrs it may be perceived as a path towards the creation of first-class and second-class Member States of the Union;
Amendment 15 #
2018/2093(INI)
Motion for a resolution
Recital E
Recital E
Amendment 18 #
2018/2093(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the establishment of political links and interdependence between Member States makes a decisive contribution to their integration within the Union;
Amendment 21 #
2018/2093(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Treaties foresee the possibilities for Member States to take different paths of integration, namely via enhanced cooperation (Article 20 TEU) and Permanent structured cooperation (Article 46 TEU); whereas, moreover, enhanced cooperation under the common security and defence policy is now a reality, contributing to the construction of a genuine European Defence Union;
Amendment 25 #
2018/2093(INI)
Motion for a resolution
Recital H
Recital H
H. whereas some forms of differentiated integration might have centripetal effects, attracting more Member States to join the initiative later, while other forms of differentiated integration might have centrifugal effects, notably if they create deadweight effects and lead to the possibility for negative externalities by the non-participating Member States;
Amendment 28 #
2018/2093(INI)
Motion for a resolution
Recital I
Recital I
Amendment 58 #
2018/2093(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Insists that differentiation should not be permissible when it comes to the respect of existingthe fundamental rights and values and in policy areas where non- participating Member States could create negative externalities, such as economic and social dumping; Demands that any potential centrifugal effects, including in the long run, are carefully examined by the Commission when it submits a proposal for enhanced cooperationshared values referred to in Article 2 of the Lisbon Treaty;
Amendment 80 #
2018/2093(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 14 #
2018/2080(INL)
Motion for a resolution
Annex - article 2 – paragraph 1
Annex - article 2 – paragraph 1
1. The Ombudsman shall help to uncover maladministration in the activities of the Union institutions, bodies, offices and agencies, with the exception of the Court of Justice of the European Union acting in its judicial role, and, where appropriate, shall make recommendations with a view to putting an end to it. No action by any other authority or person may be the subject of a complaint to the Ombudsman.
Amendment 20 #
2018/2080(INL)
Motion for a resolution
Annex - article 3 – paragraph 2
Annex - article 3 – paragraph 2
2. Without prejudice to his or her primary duty of handling complaints, the Ombudsman may conduct own-initiative inquiries in order to identify repeated or particularly serious instances of maladministration and promote good administrative practices within the Union institutions, bodies, offices and agencies.
Amendment 25 #
2018/2080(INL)
Motion for a resolution
Annex - article 3 – paragraph 3 - subparagraph 5
Annex - article 3 – paragraph 3 - subparagraph 5
Officials and other servants of Union institutions, bodies, offices and agencies shall, at the request of the Ombudsman, testify to facts which relate to an ongoing inquiry by the Ombudsman. The officials or servants in question shall speak on behalf of and as instructed by their institution, body, office or agency. They shall continue to be bound by the obligations arising from the rules to which they are subject.
Amendment 33 #
2018/2080(INL)
Motion for a resolution
Annex - article 3 – paragraph 6
Annex - article 3 – paragraph 6
6. If the Ombudsman finds there has been maladministration, he or she shall inform the institution, body, office or agency concerned, where appropriate making draft recommendations. The institution, body, office or agency so informed shall send the Ombudsman a detailed opinion within three months.
Amendment 35 #
2018/2080(INL)
Motion for a resolution
Annex - article 3 – paragraph 9
Annex - article 3 – paragraph 9
9. As far as possible, the Ombudsman shall seek a solution with the institution, body, office or agency concerned to eliminate the instance of maladministration and satisfy the complaint. The Ombudsman shall inform the complainant of the envisaged solutionsolution proposed along with the comments, if any, of the institution, body, office or agency concerned. If the complainant so wishes, the complainant shall be entitled to submit comments to the Ombudsman.
Amendment 47 #
2018/2080(INL)
Motion for a resolution
Annex - article 6 – paragraph 2
Annex - article 6 – paragraph 2
2. Within the scope of his or her duties, the Ombudsman shall cooperate with the European Union Agency for Fundamental Rights. The Ombudsman may, under the same conditions, cooperate with institutions and bodies of Member States in charge of the promotion and protection of fundamental rights. The Ombudsman shall and with other institutions and bodies, while avoiding any duplication with their activities of the European Union Agency for Fundamental Rights or the relevant institutions or bodies of the Member States.
Amendment 59 #
2018/2080(INL)
Motion for a resolution
Annex - article 12a (new)
Annex - article 12a (new)
Article 12 a The Ombudsman shall be awarded an adequate budget, providing for his or her independence and for the performance of his or her duties.
Amendment 4 #
2018/0902R(NLE)
Draft opinion
Paragraph 1
Paragraph 1
1. Expresses deep concern about the deliberate and systematic efforts of the Hungarian Government to undermine the founding values of the Union enshrined in Article 2 TEU, in particular through the removal of the constitutional checks and balances, by the limitation of the independence of the judiciary, by intentional alterations of the national electoral system and by hampering freedom of expression, education and academic freedom as well as university autonomy; highlights that these trends have substantially worsened since the triggering of Article 7(1) TEU and have been severely amplified by the COVID-19 crisis;
Amendment 25 #
2018/0902R(NLE)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that the Council’s constitutional obligation to organise hearings, enshrined in Article 7(1) TEU, should be implemented in an open, regular and structured manner; regrets therefore that the Council, invoking the COVID-19 pandemic, and the impossibility to hold physical Council meetings, only organised two hearings under Article 7 TEU since December 2019; insists that in all proceedings related to Article 7 TEU, Parliament and the Commission should be treated equally; calls on the Council to systematically provide the Member State concerned with recommendations including deadlines, and to oversee the implementation thereof on a regular basis, following the hearings under Article 7 TEU;
Amendment 29 #
2018/0902R(NLE)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that only qualified majority is required to determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2; notes that the failure to progress in Article 7 TEU procedure enables continued divergence from the values enshrined in Article 2 TEU, undermining those values and mutual trust between Member States and the EU as a whole; urges the French presidency of the Council to take the appropriate steps in order to move further the procedure under Article7(1) TEU;
Amendment 36 #
2018/0902R(NLE)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Salutes the decision of the European Commission President Ursula von der Leyen to launch the Rule of Law Conditionality mechanism against Hungary; Regrets however that this decision was taken with significant delay;
Amendment 44 #
2018/0902R(NLE)
Draft opinion
Paragraph 8
Paragraph 8
8. Takes note of the recent parliamentary elections in Hungary and insists that anythe Hungarian government elected remains responsible for eliminating the risk of serious breaches of EU values.;
Amendment 46 #
2018/0902R(NLE)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Thoroughly condemns the criticism of the re-elected Prime Minister of Hungary of the President of Ukraine and deplores the increasing ties of Hungary with Russia, given the invasion of Ukraine by the latter;
Amendment 3 #
2018/0336(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Since the new procedure is triggered by a decision of a competent data protection supervisory authority, it should be possible for the European political party or European political foundation concerned to be heard before that decision is delivered and to request that the sanction be reviewed if the decision of the supervisory authority is repealed or a remedy against that decision is successful.
Amendment 38 #
2018/0330B(COD)
Proposal for a regulation
Recital 80 a (new)
Recital 80 a (new)
Amendment 40 #
2018/0330B(COD)
Proposal for a regulation
Recital 80 b (new)
Recital 80 b (new)
(80 b) While Member States can maintain or develop their national systems containing information on specimen documents and examples of genuine and false documents, they should be under the obligation to provide the European Border and Coast Guard Agency ('the Agency') with the information on specimen, genuine and false documents they possess. The Agency should upload that information to FADO in order to guarantee the uniformity and quality of the information. In particular, Member States should provide all security features of new versions of genuine documents issued by Member States that are covered by this Regulation.
Amendment 53 #
2018/0330B(COD)
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
The Agency shall take over and operate False and Authentic Documents Online (FADO) which is a database that shall contain information on genuine travel and residence documents issued by Member States, third countries, territorial entities, international organisations and other entities subjects of international law and on falsifications thereof. The FADO system shall not contain any may contain personal data only insofar as it appears onal data. specimen, genuine and falsified documents.
Amendment 59 #
2018/0330B(COD)
Proposal for a regulation
Article 80 a (new)
Article 80 a (new)
Article 80 a Processing of personal data by the Agency The Agency shall apply Regulation (EU) 2018/1725 when processing personal data. Personal data shall be uploaded to FADO only to the extent that they are strictly necessary to describe or illustrate the method of falsification. The Agency shall ensure that personal data is minimised in line with the purpose of FADO.
Amendment 64 #
2018/0330B(COD)
Proposal for a regulation
Article 80 b (new)
Article 80 b (new)
Article 80 b Entry into force and implementation 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 ... [two years after the entry into force of this Regulation].
Amendment 125 #
2018/0329(COD)
Proposal for a directive
Recital 2
Recital 2
(2) An effective and fair return policy is an essential part of the Union's approach to better manage migration in all aspects in a more balanced way, as reflected in the European Agenda on Migration of May 201511 . _________________ 11 11 COM(2015) 285 final.
Amendment 129 #
2018/0329(COD)
Proposal for a directive
Recital 3
Recital 3
(3) On 28 June 2018, in its conclusions, the European Council underlined the necessity to significantly step up the effective return of irregular migrants, and welcomed the intention of the Commission to make legislative proposals for a more effective and coherent European return policy. These conclusions were adopted in a context where the effective return rate was only 36.6% in 2017, which is wholly inadequate.
Amendment 138 #
2018/0329(COD)
Proposal for a directive
Recital 4
Recital 4
(4) That European return policy should be based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and dignity, as well as international law, including refugee protection and human rights obligations. Clear, transparent and fair rules need to be established to provide for an effective return policy which serves as a deterrent to irregular migration, reduces incentives for illegal migration and ensures coherence with and contributes to the integrity of the Common European Asylum System and the legal migration system.
Amendment 151 #
2018/0329(COD)
Proposal for a directive
Recital 7
Recital 7
(7) TIn order to make the return policy more coherent, clearer and easier to comprehend, the link between the decision on ending of the legal stay of a third- country national and the issuing of a return decision should be reinforced in order to reduce the risk of absconding and the likelihood of unauthorised secondary movements. It is necessary to ensure that a return decision is issued immediately after the decision rejecting or terminating the legal stay, or ideally in the same act or decision. That requirement should in particular apply to cases where an application for international protection is rejected, provided that the return procedure is suspended until that rejection becomes final and pending the outcome of an appeal against that rejection.
Amendment 156 #
2018/0329(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In the event of a lack of cooperation by certain third countries regarding readmission of their nationals who have been apprehended in irregular situations and failure by those third countries to cooperate effectively in the return process, some of the provisions of the Visa Code should, on the basis of objective criteria, be applied in a restrictive and temporary manner to enhance a given third country’s cooperation on readmission.
Amendment 165 #
2018/0329(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure clearer and more effective rules for granting a period for voluntary departure and detaining a third- country national, determining whether there is or there is not a risk of absconding should be based on a non-exhaustive list of Union-wide objective criteria. Moreover this Directive should set out specific criteria which establish a ground for a rebuttable presumption that a risk of absconding exists. Third-country nationals should be obliged to provide all the elements in their possession that are necessary in order to assess the risk of absconding.
Amendment 170 #
2018/0329(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Unless the Member States decide not to apply this Directive, pursuant to Article 2(2)(b), when determining the risk of absconding the relevant national authorities may take into consideration an infringement of the criminal law of Member States, including the rules on migration. Such authorities may also take into account the existence of an ongoing criminal investigation or prosecution that has not yet led to a conviction, where provided by national law.
Amendment 173 #
2018/0329(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To reinforce the effectiveness of the return procedure, clear responsibilities for third-country nationals should be established, and in particular the obligation to cooperate in good faith with the authorities at all stages of the return procedure, including by providing all the information and all elements in their possession that are necessary in order to assess their individual situation. At the same time, it is necessary to ensure that third-country nationals are informed of the consequences of not complying with those obligations, in relation to the determination of the risk of absconding, the granting of a period for voluntary departure and the possibility to impose detention and penalties where provided for by national law, and to the access to programmes providing logistical, financial and other material or in-kind assistance.
Amendment 182 #
2018/0329(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return and an appropriate period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should be granted. A period for voluntary departure should cannot be granted where it has been assessed that third- country nationals pose a risk of absconding, have had a previous application for legal stay dismissed as fraudulent or, manifestly unfounded or inadmissible, or they pose a risk to public policy, public security or national security. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case.
Amendment 186 #
2018/0329(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to promote voluntary depareturne , Member States shouldmay have operational programmes providing for enhanced return assistance and counselling, which may include support for reintegration in third countries of return, taking into account t. The common standards on Assisted Voluntary Return and Reintegration Programmes developed by the Commission in cooperation with Member States and endorsed by the Council. could be taken into account. Voluntary return assistance should be granted in accordance with national regulations, which may make such assistance subject to conditions and may set out grounds for refusing it. This Directive does not establish a universal or absolute right for third- country nationals to receive assistance for voluntary departure or reintegration.
Amendment 209 #
2018/0329(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The appeal against a return decision that is based on a decision rejecting an application for international protection that was already subject to an effective judicial remedy should take place before a single level of jurisdiction only, since the third-county national concerned would have already had his or her individual situation examined and decided upon by a judicial authority in the context of the asylum procedureo facilitate the operation of the courts and tribunals and to prevent delaying tactics designed to obstruct returns, Member States should ensure that appeals against return decisions are limited, as far as possible, to a single level of jurisdiction only, while guaranteeing the right to an effective remedy.
Amendment 211 #
2018/0329(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Member States shall have the option to keep administrative review proceedings prior to an appeal before a court or tribunal, provided that the administrative review does not affect the effectiveness of the return procedure.
Amendment 212 #
2018/0329(COD)
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17b) A body that carries out a judicial function should be categorised as a court or tribunal if it has been established by law, is permanent, independent and impartial, and has an inter partes procedure, if its jurisdiction is compulsory, if it applies the rule of law, and if it offers the requisite procedural guarantees.
Amendment 219 #
2018/0329(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In cases where the principle of non-refoulement is not at stake, appeals against a return decision should not have an automatic suspensive effect. The judicial authorities should be able to temporarily suspend the enforcement of a return decision in individual cases for other reasons, either upon request of the third-country national concerned or acting ex officio, where deemed necessary. Such decisions should, as a rule, be taken within 48 hours. Where justified by the complexity of the case, judicial authorities should take such decision without undue delaMember States should, however, have the option to temporarily suspend a return decision where deemed necessary.
Amendment 226 #
2018/0329(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) National application of the rules on the provisions of this Directive related to appeals and suspensive effect should comply with the right to an effective remedy as provided for in Article 47 of the Charter of Fundamental Rights.
Amendment 234 #
2018/0329(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The necessary legal aid should be made available, upon express request, to those who lack sufficient resources. National legislation should establish a list of instances where legal aid is to be considered necessary.
Amendment 243 #
2018/0329(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The effects of national return measures should be given a European dimension by establishing an entry ban prohibiting entry into and stay on the territory of all the Member States. The length of the entry ban should be determined with due regard to all relevant circumstances of an individual case and should not normally exceed five10 years. In this context, particular account should be taken of the fact that the third-country national concerned has already been the subject of more than one return decision or removal order or has entered the territory of a Member State during an entry ban.
Amendment 270 #
2018/0329(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficient to ensure the implementation of return, a maximum period of detention between three and sixtwelve months, which may be prolonged, should be established in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress.
Amendment 271 #
2018/0329(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Where the order to detain a third- country national has been issued in an administrative procedure, the court or tribunal responsible for assessing the lawfulness of that decision may take into account all relevant facts, evidence and observations that may be submitted by the parties concerned.
Amendment 276 #
2018/0329(COD)
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should notdoes not have the effect of precludeing Member States from laying down effective, proportionate and dissuasive penalties and criminal penalties, including fines and imprisonment, in relation to the infringements of migration rules, provided that such penalties are compatible with the objectives of this Directive, do not compromise the application of this Directive and are in full respect of fundamental rights.
Amendment 280 #
2018/0329(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) In view of the fact that third- country nationals detained for the purpose of removal are not detained as persons suspected of criminal activities or convicted of criminal offences, they should not be accommodated together with ordinary prisoners. It is also possible to ensure this separation by accommodating these third-country nationals in sections of penal institutions that are set aside and used solely for that purpose.
Amendment 287 #
2018/0329(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Without prejudice to the possibility for Member States not to apply this Directive with regard to the cases referred to in Article 2(2)(a), if a border procedure is applied in accordance with Regulation (EU) …/… [Asylum Procedure Regulation], a specific border procedure should follow for the return of illegally staying third-country nationals whose application for international protection under that asylum border procedure has been rejected in order to ensure direct complementarity between the asylum and return border procedures and prevent gaps between the procedures. In such cases, it is necessary to establish specific rules that ensure the coherence and synergy between the two procedures and preserve the integrity and effectiveness of the whole process. Member States should be able to rely on appropriate Union funding to carry out the necessary activities for the border procedure.
Amendment 293 #
2018/0329(COD)
Proposal for a directive
Recital 33
Recital 33
(33) To ensure effective return in the context of the border procedure, this procedure should not result in a period for voluntary departure should not bebeing granted. However, a period for voluntary departure shouldmay be granted to third- country nationals who hold a valid travel document and cooperate with the competent authorities of the Member States at all stages of the return procedures. In such cases, to prevent absconding, third- country nationals should hand over the travel document to the competent authority until their departure.
Amendment 299 #
2018/0329(COD)
Proposal for a directive
Recital 34
Recital 34
(34) For a rapid and effective treatment of the case, a maximum time limit is to be granted to appeal against a return decision following a decision rejecting an application for international protection adopted under the border procedure and which became final.
Amendment 313 #
2018/0329(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) Mutual recognition of return decisions may help to ensure a more effective implementation of returns. Member States should make use of all available means of cooperation and exchanges of information for this purpose. The Commission should assess the EU’s returns legislation with a view to achieving a more uniform and consistent implementation of return decisions, and reducing the administrative burden on the national authorities, notably through mutual recognition of return decisions; it should also consider submitting a legislative proposal in that respect.
Amendment 317 #
2018/0329(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Establishing return management systems in Member States contributes to the efficiency of the return process. Each national system should provide timely information on the identity and legal situation of the third country national that are relevant and complete for monitoring and following up on individual cases. To operate efficiently and in order to significantly reduce the administrative burden, such national return systems should be linked to the Schengen Information System to facilitate and speed up the entering of return-related information, as well as to the central system established by the European Border and Coast Guard Agency in accordance with Regulation (EU) …/… [EBCG Regulation].
Amendment 323 #
2018/0329(COD)
Proposal for a directive
Recital 40
Recital 40
(40) The Union provides financial and operational support in order to achieve an effective implementation of this Directive. Member States should make best use of the available Union financial instruments, programmes and projects in the field of return, in particular under Regulation (EU) …/… [Regulation establishing the Asylum and Migration Fund], as well as of the operational assistance by the European Border and Coast Guard Agency according to Regulation (EU) …/… [EBCG Regulation]. Such support should be used in particular for establishing return management systems and programmes for providing logistical, financial and other material or in-kind assistance to support the sustainable return – and where relevant the reintegration – of illegalrregularly staying third- country nationals.
Amendment 335 #
2018/0329(COD)
Proposal for a directive
Recital 46
Recital 46
(46) The purpose of an effective implementation of the return of third- country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with this Directive, is an essential component of the comprehensive efforts to tackle irregular European Union migration policy and the fight against illegal immigration and. It represents an important reason of substantial public interest.
Amendment 360 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
Article 3 – paragraph 1 – point 3 – point c a (new)
(ca) a third country where the third- country national has a right to enter and reside;
Amendment 364 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
6. ‘entry ban’ means an administrative or judicial decision or act prohibiting entry into and stay on the territory of the Member States for a specified period, accompanying a return decision;
Amendment 373 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9 a (new)
Article 3 – paragraph 1 – point 9 a (new)
9a. 10. ‘other authorisation offering a right to stay’ means any document issued by a Member State to a third-country national authorising them to stay on its territory, which is not a residence permit within the meaning of Article 2(16) of Regulation (EU) 2016/399 or a long-stay visa within the meaning of Article 2(14) of Regulation (EU) 2018/1860 (SIS Regulation on returns), except for the document referred to in Article 6 of Directive 2013/33/EU.
Amendment 406 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) illegal entry into the territory of the Member States or apprehension or interception relating to the irregular crossing by land, sea or air of the external border of a Member State;
Amendment 408 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) unauthorised movement to the territory of another Member State, including movement after transit through a third country or attempts to do so;
Amendment 409 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) explicit expression of intent of non- compliance with all return-related measures applied by virtue of this Directive or actions clearly demonstrating an intent not to comply with all of these measures;
Amendment 421 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point m
Article 6 – paragraph 1 – point m
(m) using false or forged identity or travel documents, destroying or otherwise disposing of existing documresidence permits or visas, or documents setting out the conditions of entry, destroying or otherwise disposing of such documents, using pseudonyms with fraudulent intents, orcommunicating other false information orally or in writing, refusing to provide fingerprintsbiometric data as required by Union or national law;
Amendment 427 #
2018/0329(COD)
(p) not complying with an existing valid entry ban.
Amendment 428 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point p a (new)
Article 6 – paragraph 1 – point p a (new)
(pa) risk to public order, public security or national security.
Amendment 429 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States may lay down additional objective criteria in their national legislation.
Amendment 431 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The existence of a risk of absconding shall be determined on the basis of an overall assessment of the specific circumstances of the individual case, taking into account the objective criteria referred to in paragraphs 1 and 1a.
Amendment 434 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when one of the objective criteria referred to in points (d), (e), (f), (g), (h), (k), (l), (m), (n), (o), (p) and (pq) of paragraph 1 is fulfilled.
Amendment 438 #
2018/0329(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
7 Obligation to cooperate on the part of third-country nationals
Amendment 449 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the duty to provide all the elements that are necessary for establishing or verifying identity and to prove, upon request, the efforts made;
Amendment 459 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the duty to provide a reliable address to the competent authorities, in the form and within the time frame established by national law, and to remain present and available throughout the procedures;
Amendment 466 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) the duty to lodge to the competent authorities of third countries a request for obtaining a valid travel document, to provide all information and statements necessary to obtain such a document, and to cooperate with these authorities.
Amendment 470 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) the duty to appear in person, if and where required for that purpose, before the competent national and third-country authorities.
Amendment 476 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The elements referred to in point (a) of paragraph 1 shall include the third- country nationals’ statements and documentation in their possession regarding the identity, place and date of birth, nationality or nationalities, age, country or countries and place or places of previous residence, travel routes and travel documentation, and biometric data.
Amendment 480 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall inform the third-country nationals about the consequences of not complying with the obligation referred to in paragraph 1. Member States shall lay down the procedures for providing such information.
Amendment 509 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Member States shall issue a return decision at the same time as or immediately after the adoption of a decision ending a legal stay of a third- country national, including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) …/… [Qualification Regulation].
Amendment 516 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
Amendment 517 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 b (new)
Article 8 – paragraph 6 b (new)
6b. Member States shall, where necessary, cooperate through designated contact points, for the purpose of facilitating the implementation of return decisions. In particular, Member States may cooperate by allowing transit through the territory of another Member State for the purpose of complying with a return decision or obtaining travel documents. The procedures for such cooperation may be set out in bilateral or multilateral arrangements or agreements and may include conditions on escorting, response deadlines and associated costs.
Amendment 528 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
The length of the period for voluntary departure shall be determined with due regard to the specific circumstances of the individual case, taking into account in particular the prospect of return.
Amendment 549 #
2018/0329(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted in accordance with Article 9(4) or if the obligation to return has not been complied with within the period for voluntary departure granted in accordance with Article 9. Those measures shall include all measures necessary to confirm the identity of illegally staying third-country nationals who do not hold a valid travel document and to obtain such a document, including the penalties laid down in national law where Member States have enacted such penalties.
Amendment 559 #
2018/0329(COD)
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Member States shall provide for an effective forced-return monitoring system. This system shall not involve the systematic implementation of a check on each forced return operation.
Amendment 572 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, aMember States shall, as quickly as possible, take all the measures required to identify the child’s family members. Assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child.
Amendment 612 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3.Member States shall establish programmes for providing logistical, financial and other material or in-kind assistance, in accordance with national legislatprovisions, for the purpose of supporting the return of illegally staying third-country nationals who are nationals of third countries listed in Annex I to Council Regulation 539/200130 . _________________ 30 Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1 p. 1.
Amendment 620 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
The granting of such assistance, including its kind and extent, shall be subject to the cooperation of the third-country national concerned with the competent authorities of the Member States as provided for in Article 7 of this Directive, and may be subject to the conditions and grounds for exclusion laid down in national provisions, particularly with regard to reintegration assistance in the third country of origin. The assistance referred to in this paragraph shall not be granted as a rule to a third-country national who has already benefited from reintegration assistance provided by a Member State.
Amendment 660 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. Member States may provide for administrative review proceedings prior to an appeal before a court or tribunal in accordance with paragraph 1, provided that the administrative review does not adversely affect the efficiency of the remedy.
Amendment 664 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Member States shall ensure that the necessary legal assistance and/or representation is granted on express request free of charge in accordance with relevant national legislation or rules regarding legal aid, and may provide that such free legal assistance and/or representation is subject to conditions as set out in Article 15(3) to (6) of Directive 2005/85/EC.
Amendment 695 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Detention shall be maintained for as long a period as the conditions laid down in paragraph 1 are fulfilled and it is necessary to ensure successful removal. Each Member State shall set a maximum period of detention of not less than three months and not more than six12 months.
Amendment 753 #
2018/0329(COD)
Proposal for a directive
Article 24 a (new)
Article 24 a (new)
Article 24a When the third country is considered not to be cooperating sufficiently with Member States with regard to readmission, Article 25(1)(a) of the Visa Code shall apply.
Amendment 281 #
2017/2276(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates that the EU initiatives aimed at strengthening European security and defence should also help ensure that those EU Member States which are NATO Allies meet their NATO commitments; considers that being both an EU Member State and a NATO Ally should not be detrimental to any state; similarly, stresses that certain EU Member States’ non- membership of NATO should mean that they have different European Defence Union obligations; stresses that EU Member States should be capable to launch autonomous military missions also where NATO is not willing to act or where EU action is more appropriate;
Amendment 162 #
2017/2274(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Concludes that the Chinese Government has in the BRI found a very effective narrative framework for elements of its foreign policy and that EU public diplomacy efforts need to be strengthened in the light of this development; suggests that data on all Chinese infrastructure investments in EU Member States be shared with the EU and other Member States; recalls that such investments are part of an overall strategy to have Chinese state-controlled or -funded companies take control of supply chainseconomic sectors, for example banking and the energy sector;
Amendment 177 #
2017/2274(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the NPC during its last session cemenboosted pPresident Xi Jinping’s prosition ofpects of remaining in power and increased the control of the party organs over the state apparatus;
Amendment 18 #
2017/2233(ACI)
Motion for a resolution
Recital E
Recital E
Amendment 36 #
2017/2233(ACI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the Spitzenkandidaten process is a further step reflects the interin strengthening the EU’s parliamentary dimension, anditutional balance between the Parliament and the European Council as provided for in the Treaties; therefore warns that the European Parliament will reject any candidate in the investiture procedure of the Commission President who was not appointed as a Spitzenkandidat in the run-up to the European elections of the European Parliament;
Amendment 49 #
2017/2233(ACI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that all major European political parties embraced the Spitzenkandidaten process in the run-up to the 2014 European elections, which is itself a sign of its success, and stresses that the 2019 European elections will be the occasion to cement the use of that procesbringing about a constitutional and political practice that reflects the interinstitutional balance provided for in the Treaties;
Amendment 51 #
2017/2233(ACI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that the 2019 European elections will be once again the occasion to observe this practice while reinforcing the interinstitutional balance pursuant to the Treaties;
Amendment 190 #
2017/2130(INI)
Motion for a resolution
Paragraph 1 – subparagraph 1 – point u
Paragraph 1 – subparagraph 1 – point u
(u) to consider, for non-associated countries, new means of supporting civil society, business, the academic and independent media communities and young people, including through additional funding and mobility partnerships;
Amendment 18 #
2017/2089(INI)
Motion for a resolution
Recital F
Recital F
Amendment 22 #
2017/2089(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the transparency of the EU legislative and decision-making processes isis both a corollary of the right to good administration, as set out in Article 41, and an essential precondition for citizens to be able to assess and properly monitor the implementation of the Charter by the EU institutions;
Amendment 28 #
2017/2089(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the procedures established by the EU institutions to assess the compatibility of legislative proposals with the Charter are mainly of an internal nature; stresses the need to provide for enhanced forms of consultation, impact assessments and legal scrutiny with the full involvement of independent fundamental rights experts; calls on the Commission to promote structured and regulated cooperation with independent external bodies, such as the FRA and civil society organisations working in the field, whenever a legislative file potentially promotes or negatively affects fundamental rights;
Amendment 92 #
2017/2089(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Is convinced that the current dualism characterising Article 51 of the Charter in relation to rights and principles, as well as the differences in the application of the provisions of the Charter between EU institutions, bodies, offices and agencies ofadded value of the Charter lies both in respect for a body of rights and in observance and advocacy of the principles which the Charter has established; considers that the obligations laid down in Article 51 make for the widest ranging protection of fundamental rights in the Union and thein Member States, is detrimental to the added value brought by the Charter, namely that of enabling them to be applied morep resenting a set of common minimum standards of protection to be applied horizontally to all institutional actors and policies and activities connected to the EU spheradily and effectively to the circumstances at every point in time;
Amendment 98 #
2017/2089(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the EU institutions and the Member States to move toward a more flexible and unconstrained interpretation of Article 51 of the Charter, allowing for a straightforward application of the Charter as a whole, and to evaluate the possibility of repealing the article in the event of a possible future revision of the Treaties;
Amendment 145 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
(m) to provide support for reform of the judiciary aimed at ensuring its independence from and impartiality with regard to the executive and at strengthening the rule of law, as well as developing a strong framework for the protection of human rights and gender equality;
Amendment 155 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) to put in place specific provisions to support Azerbaijan in fighting economic crime, including corruption, money laundering and tax evasion;
Amendment 252 #
2017/2056(INI)
Motion for a resolution
Paragraph 1 – point y
Paragraph 1 – point y
(y) to put in place ambitious provisions on environmental protection and climate change reduction, in line with the Union’s objectives in this matter, as part of the new agreement, including through a mainstreaming of these policierovisions as part of other sector policies;
Amendment 19 #
2017/2054(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the necessary conditions have not been met for implementation of the provisions of its resolution of 11 November 2015 on the reform of the electoral law of the European Union2 outlined its position on contained in the section proposing the establishingment of a joint constituency in which lists are headed by each political family’s candidate for the post of President of the Commission; __________________ 2 Texts adopted, P8_TA(2015)0395.
Amendment 28 #
2017/2054(INL)
Motion for a resolution
Recital E
Recital E
E. whereas a modification of the electoral law of the EU will be necessary to create the legal basis for such a joint constituency, which at this juncture is neither appropriate nor regarded as politically viable;
Amendment 96 #
2017/2054(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines that the new distribution proposed would allow for a reduction in the size of Parliament to 699 members plus the President, thereby leaving sufficient room for manoeuvre to accommodate potential future enlargements of the EU and members elected in a joint constituency;
Amendment 117 #
2017/2054(INL)
Motion for a resolution
Annex – recital 3
Annex – recital 3
Amendment 26 #
2017/2053(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that reform on the revenue side should go hand in hand with reform on the expenditure side to ensure a visible link with EU policies and priorities and to support EU policies in key areas of EU competence, such as the single market, environmental protection and climate action, energy union, common defence policy, and reducing fiscal heterogeneity in the single market, as recommended in the Monti report1; _________________ 1 Final report and recommendations of the High Level Group on Own Resources on the future financing of the EU, adopted in December 2016
Amendment 29 #
2017/2053(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Takes the view that all five scenarios for the future of the EU presented by the Commission in March 2017 would necessitate additional financing for the new priorities of the Union derived from genuine own resources, derived from genuine own resources, in order to pursue the objectives set out in Article 3 of the TEU, now encompassed within the new priorities of the Union.
Amendment 2 #
2017/2052(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that EU spending should be subject to maximum flexibility and to proper democratic scrutiny and accountability, which necessitates the full involvement of Parliament in decision making on the MFF Regulation; calls, therefore, for closer dialogue between the Council and Parliament when negotiating the next multiannual financial framework and warns against the European Council’s usual top-down approach of setting the overall ceilings per heading instead of first assessing the actual needs of the programmes;
Amendment 4 #
2017/2052(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that the EU budget is an instrument to fulfil the common objectives of the Union laid down in art. 3 TEU and believes that it has served well its purpose in the past;
Amendment 5 #
2017/2052(INI)
1b. Points out that the MFF post- 2020 needs to enable the Union to respond both to existing and emerging challenges which call for a pan-European approach;
Amendment 9 #
2017/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the alignment of the future MFFs with the duratNotes that the current length of the MFF is in accordance with the minimum periond of Parliament’s legislatifive years pursuant to article 270.°-A(1) TFEU; believes term and the Commission’s mandate, thereby reducing the length of the MFF from seven to five yearhat this time span would favour the approval of the MFF post-2020 before the 2019 European elections;
Amendment 17 #
2017/2052(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Warns against the possibility that the upcoming Brexit negotiations might shroud the outcome of negotiations on the next MFF; recalls the difficulty of assessing the impact of Brexit on both the interinstitutional process and funding under the forthcoming MFF, and considers it unlikely that the long-term EU budgets can be increased in this context;
Amendment 20 #
2017/2052(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the European Union cannot wait for the outcome of Brexit to start preparing the negotiations on the MFF post-2020 and that a proposal in this matter should be put forward by the Commission as soon as possible, ideally by the first quarter of 2018;
Amendment 25 #
2017/2052(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for increased complementarity between national budgets and the EU budget, and for European funding to focus on areas that deliver genuine European added value and in wheconomich such well-targeted spending at European level can produce savings at national level.trength, solidarity, security and sustainability;
Amendment 28 #
2017/2052(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Takes the view that a new heading for the implementation of a European Defence Union, preferably financed with new own-resources, would be in compliance with the EU Treaties.
Amendment 2 #
2017/2044(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the increase in funding for communication actions by 0,2% in commitment appropriations and 2,1% in payment appropriations and regrets that the increase is not more substantial, especially in view of the significance of the year 2018 for communication with citizens in preparation for the European elections in 2019 but also to ensure a broad public debate and citizens’ involvethe involvement of citizens and national parliaments in the discussion on the future of Europe in reaction to the Commission’s White Paper presented earlier this year;
Amendment 5 #
2017/2044(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need for a coherent budgetary approach to the provision of information about the relevance of the European elections; calls thus for a campaign to inform citizens about the role of the Parliament as the institution that represents them directly at European level, about their electoral rights, about the European dimension of their vote and about the link between their vote and the election of the Commission President.
Amendment 9 #
2017/2044(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Draws attention to recent worrying political developments in the Western Balkans that require the Union's urgent attention to avoid progress achieved in the past decades being put into question; rejects, therefore, the proposed cut of almost EUR 90 million to support for political reforms in the region under the Instrument for Pre-Accession assistance (IPA); stresses the importance of this instrument and the need to make more effective use of funding earmarked for this purpose;
Amendment 13 #
2017/2037(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the process of de-linking power from territory, which is inherent in globalisation, does not dispense with the need for networks of European cities, in which the interests of the citizens of the Union are created and pursued;
Amendment 28 #
2017/2037(INI)
Motion for a resolution
Recital M
Recital M
M. whereas new global challenges posed by security and immigration, and challenges relating to the quality of public services, access to clean and affordable energy, natural disasters and environmental protection demand local responses and, therefore, a stronger commitment from cities when designing and implementing EU policies;
Amendment 38 #
2017/2037(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the current forms of the cities’ participation remain however unsatisfactory from the perspective of the desired impact on the design and implementation of EU policies and legislation; whereas, moreover, this impact would be magnified if the cities joined together in networks founded on shared historical, geographical, demographic, economic, social and cultural affinities;
Amendment 61 #
2017/2037(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recommends a stronger representation of cmunicipalities in the current structures, including a stronger cities’ role within the Committee of the Regions;
Amendment 88 #
2017/2037(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Defends that cities should be recognised as centres with a positive role in the development of European Union strategies, in which global issues originate locally and are solved locally, contributing to reinforce the multi-level governance system of the Union and that this perspective has a practical consequence regarding the institutional framework of the bottom-up or top-down decision- making process of the EU;
Amendment 1 #
2017/2028(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the Charter of the United Nations,
Amendment 2 #
2017/2028(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the Charter of Fundamental Rights of the European Union,
Amendment 16 #
2017/2028(INI)
Motion for a resolution
Recital A
Recital A
A. whereas corruption appears to be ais a pernicious, complex phenomenon affecting developing countries in particular, and which can be defined as the abuse of entrusted power for individual or collective, direct or indirect personal gain, and which poses a serious threat both to the protection of human rights and to social stability and security by undermining not only the institutions and values of democracy, ethics and justiceunderlying the democratic rule of law, ethics and justice, but also sustainable development;
Amendment 40 #
2017/2028(INI)
Motion for a resolution
Recital C
Recital C
C. whereas corruption, far from being an abstract crime, has specific negative impacts on the enjoyment of human rightsand inviolability of human rights, thus directly and indirectly affecting individuals, targeted groups or society at large, notably as regards financial and economic resources and the realisation and proper functioning of democracy and the rule of law;
Amendment 50 #
2017/2028(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the economic consequences of corruption are extremely negative, especially in terms of its impact on increasing poverty and inequality among the population, the quality of public services, access to infrastructures, economic opportunities and loss of investnot least as regards equal access to comprehensive health care and to a high standard of education, access to infrastructures, economic opportunities for individual and collective emancipation, and loss of investment, that is to say, on contributory factors involved in sustainable development;
Amendment 77 #
2017/2028(INI)
Motion for a resolution
Recital G
Recital G
G. whereas practices such as electoral fraud, illicit funding of political parties, cronyism, or the perceived disproportionate influence of money in politics erode confidence and create social dissatisfaction inwith elected representatives and governments, undermine democratic legitimacy and may significantly weaken civil and political rights;
Amendment 85 #
2017/2028(INI)
Motion for a resolution
Recital H
Recital H
H. whereas corruption in the judicial sector not only undermines respect for the rule of law, but also breaches the principles of non- discrimination, access to justice and the right to a fair trial and to an effective remedy;
Amendment 101 #
2017/2028(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the absence of free media both online and offline not only restricts the fundamental right to freedom of expression, but also creates favourable conditions for opaque practices to flourish; whereas media play an important role in increasing public awareness of corruption and human rights violations;
Amendment 114 #
2017/2028(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the fight against corruption should also include measures to eradicate tax havensorganised crime, tax havens, money laundering, tax evasion and illegal capital flight as well as the schemes enabling them, as they prevent sustainable development, progress and prosperity of countries;
Amendment 128 #
2017/2028(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls for collective action to be taken at international level to prevent and combat corruption, given that corruption spreadis a cross borders and that cooperation between countries and between regions needs to be encouraged-cutting cross-border phenomenon and that, if it is to be dealt with, countries and regions will need an incentive to work together;
Amendment 146 #
2017/2028(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that States are bound to fulfil their human rights obligations; underlines that States are responsible for preventing and, ultimately, reacting to any negative impact of corruption occurring in their territory; recalls the responsibilities of political and civil society stakeholders, and of business operators, to respect human rights and tackle corruption; stresses the need to integrate a human rights perspective into anti-corruption strategies;
Amendment 190 #
2017/2028(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recommends that the EEAS and EU delegations include a specific benchmark on the link between corruption and human rights in the Human Rights and Democracy Country Strategy Papers whenever appropriate and, moreover, that this matter be treated as one of the priorities for EU special representatives when carrying out their tasks;
Amendment 245 #
2017/2028(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that one of the objectives of the fight against corruption should be to put an end to grave abuses that distort democracy and political processes and to promote an independent, impartial and effective judiciary;
Amendment 18 #
2017/2026(INI)
Motion for a resolution
Recital B
Recital B
B. whereas ASEAN has emerged as one of the world’s most dynamic and fastest-growing regions, is strategically located, hasparticularly in terms of the economy, technology and research, has a geopolitically and geoeconomically strategic position, a high active population, and abundant natural resources, is pursuing a goal of increased economic integration and an ambitious Sustainable Development Goals (SDG) agenda, notably on education, and is a strong advocate of multilateralism and the regional and international rule of law;
Amendment 27 #
2017/2026(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the integration processes of the EU and ASEAN each follow their own logic but are, however, comparable, as both organisations have been fostering peaceful co-existence, regional integration, international cooperation and development of their members, for many decades;
Amendment 34 #
2017/2026(INI)
Motion for a resolution
Recital D
Recital D
D. whereas both regions have attained a considerable level of interaction, considering that ASEAN is the EU’s third trading partner and the EU ASEAN’s second, as well as the first supplier of financing for development in the region;
Amendment 38 #
2017/2026(INI)
Motion for a resolution
Recital E
Recital E
Amendment 50 #
2017/2026(INI)
Motion for a resolution
Recital F
Recital F
F. whereas at present centrifugal forces are threatening the integration processes in both regions; whereas the EU is struggling with several overlapping crises ranging from the euro to migration and Brexit, and whereas ASEAN, in spite of the goal of fostering ASEAN centrality, saw intra-ASEAN trade decline in 2016 and has been beset with problems, including diverging foreign policy trajectorieorientations and spillover effects from domestic problems pertaining to threats to democracy and the rule of law, religious relations, social inequalities and humanfailure to observe human and minority rights;
Amendment 68 #
2017/2026(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the EU has consistently supported the work of ASEAN and in particular the ASEAN Secretariat, and has, in recognition of ASEAN’s importance, appointed a dedicated EU Head of Delegation to ASEAN who took office in 2015, at the same time as the EU Mission to ASEAN was set up; whereas 25 ambassadors of EU Member States and the European Commission are currently accredited in ASEAN;
Amendment 91 #
2017/2026(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that, as the UK has over the years played an important and valuable role in fostering EU-ASEAN bonds, there will be a needn opportunity for the EU and its Member States to actively reinforce the relations in the light of the new reality of Brexit;
Amendment 109 #
2017/2026(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports EU-ASEAN cooperation on a host ofand sharing of best practice on a host of security issues, particularly non- conventional security issues;
Amendment 150 #
2017/2026(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is deeply concerned about the erosion of democracy and human and minority rights in certain countries in the region and the restrictions on space for civil society, particularly for environmental and labour rights activists and media workers; hopes that specific and verifiable targets and measures will be included in the AICHR’s five-year work plan and that human rights violations will be actively monitored with the aim of prevention, investigated and prosecuted; urges all ASEAN member states to ratify further UN human rights conventions and the Statute of the International Criminal Court (ICC);
Amendment 4 #
2017/2011(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points tout the need to rebuildcontinue fostering trust in the EU’'s institutions and those of the Member States, trust being one of the basies for good cooperation and effective application of EU law;
Amendment 14 #
2017/2011(INI)
2. Believes that the unchecked expansion of the EU’s acquis is detrimental to its proper application; sStresses therefore the importance of upholding the principles of conferral, subsidiarity and proportionality, pursuant to Article 5 of the TEU, with regard to better monitoring of the application of EU law; welcomes the practice by the Commission of taking due account of the principles of better law-making when selecting priorities for monitoring the application of EU law in the Member States;
Amendment 29 #
2017/2011(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points outBelieves that the inclusion of national parliaments in the law-making process will foster effective application of EU law; highlights, for that reason, the necessity to ensure genuine application of the yellow-card procedure as specified iurges, therefore, the EU’s institutions and the Member States to open a debate on Protocols (No 1) and (2), on the application of the principlesrole of national parliaments in the EU and ofn subsidiarity and proportionality, possibly by reviewing the so-called early warning system and thereby ensuring a better application of the yellow card procedure;
Amendment 35 #
2017/2011(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Insists that national parliaments have an essential role to play in both pre- legislative scrutiny of draft legal acts and post-legislative scrutiny of their correct implementation by the Member States; highlights its continued determination to support them in such effortstresses, therefore, the need for a procedure in which national parliaments could have a say at an early stage of the EU legislative process;
Amendment 41 #
2017/2011(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that the system of exchange of information and cooperation between committees of national parliaments working with the EU (in the framework of COSAC) can help in achieving more effective legislation and should be used to support better application of EU law by the Member States;
Amendment 59 #
2017/2010(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Expresses disappointment at some of the responses of the Commission to national parliaments in instances where "yellow cards" procedures have been triggered; is concerned that a mishandling of the issue at stake might lead to divergence within the Union; believes that it is necessary for the Commission to respond comprehensively to any concern raised by national parliaments;
Amendment 68 #
2017/2010(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
Amendment 13 #
2017/0810(COD)
Proposal for a decision
Recital 3
Recital 3
Bank (3) On 4 March 2015, the General Court delivered its judgment in United Kingdom v ECB, Case T-496/1177, which held that "the ECB does not have the competence necessary to regulate the activity of clearing systems, so that, in so far as the Policy Framework imposes on CCPs involved in the clearing of securities a requirement to be located within the euro area, it must be annulled for lack of competence". The General Court stated that Article 129(3) of the Treaty enables the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, and on a recommendation from the ECB, to amend Article 22 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’). Therefore, the Court concluded that “it would be for the ECB, should it consider that the grant to it of a power to regulate infrastructures clearing transactions in securities is necessary for proper performance of the task referred to in the fourth indent of Article 127(2) TFEU, to request the EU legislature to amend Article 22 of the Statute, by the addition of an explicit reference to securities clearing systems.” _________________ 7 1 ECLI: EU:T:2015:133.
Amendment 29 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 1 – indent 3 a (new)
Paragraph 1 – indent 3 a (new)
- the functioning of a free and independent media;
Amendment 39 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expresses its deep concern that, despite three hearings of Poland having been held in the Council, multiple exchanges of views in the Civil Liberties, Justice and Home Affairs Committee of the European Parliament, alarming reports by the United Nations, the Organisation for Security and Cooperation in Europe (OSCE) and the Council of Europe, and four infringements procedures launched by the Commission, the rule of law situation in Poland has not only not been addressed but has seriously deteriorated since the triggering of Article 7(1) TEU;
Amendment 68 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Denounces that, during the COVID-19 outbreak, but not linked with the COVID-19 outbreak, legislation is being debated or even rushed through in Parliament in very sensitive areas such as abortion, sexual education, the organisation of elections or the term of office of the President, the latter even requiring a change to the Constitution; underlines that this could amount to abuse of the fact that citizens cannot organise or protest publicly, which would seriously undermine the legitimacy of the legislation adopted;
Amendment 73 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern that the OSCE concluded that media bias and intolerant rhetoric in the campaign for the October 2019 parliamentary elections were of significant concern20 and that, while all candidates were able to campaign freely, senior state officials used publicly funded events for campaign messaging; notes, furthermore, that the dominance of the ruling party in public media further amplified its advantage21 ; _________________ 20OSCE/ODIHR, Statement of Preliminary Findings and Conclusions after its Limited Election Observation Mission, 14 October 2019. 21OSCE/ODIHR, Limited Election Observation Mission Final Report on the parliamentary elections of 13 October 2019, Warsaw, 14 February 2020.
Amendment 77 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that the new Chamber of Extraordinary Control and Public Matters of the Supreme Court (hereinafter the ‘Extraordinary Chamber’), which is composed in majority of judges nominated by the new National Council of the Judiciary (NCJ) and risks not to qualify as independent tribunal in the assessment of the CJEU, is to ascertain the validity of general and local elections and to examine electoral disputes; this raises serious concerns as regards the separation of powers and the functioning of Polish democracy, in that it makes judicial review of electoral disputes particularly vulnerable to political influence22 ; _________________ 22Venice Commission, Opinion of 8-9 December 2017, CDL-AD(2017)031, para. 43; Third Commission Recommendation (EU) 2017/1520 of 26 July 2017, para. 135.
Amendment 83 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 93 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, already in 2017, changes in the method of nomination of candidates to the position of the First President of the Supreme Court deprived the participation of the Supreme Court judges in the selection procedure of any meaningful effect and put the decision in the hands of the President of the Republic; denounces that recent amendments to the act on the Supreme Court even further reduce the participation of the judges in the process of selection of the First President of the Supreme Court by introducing a position of First President ad interim appointed by the President of the Republic and by reducing the quorum in the third round to 32 out of 1205 judges only, thereby effectively abandoning the model of power-sharing between the President and the judicial community enshrined in Article 183(3) of the Polish Constitution26 ; _________________ 26Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, CDL-PI(2020)002, paras 51-55. (The number of judges of the Supreme Court has been increased from 120 to 125 by virtue of the Ordinance of the President of the Republic of Poland of 3 June 2019, amending the relevant Regulation of the Supreme Court.)
Amendment 94 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that upon conclusion of the term in office of the First President of the Supreme Court in April 2020, the President of Poland nominated as subsequent Acting First President of the Supreme Court a judge whose independence and impartiality could be put into question; notes that the above- mentioned Acting President, as well as his successor, also nominated as Judge of the Supreme Court by the new NCJ, were responsible for organising the election of candidates for the next First President of the Supreme Court by the General Assembly of the Supreme Court;
Amendment 95 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Is deeply concerned that the process of electing the candidates did not conform to the rules of procedure of the Supreme Court and violated basic standards of deliberation among the members of the General Assembly; further states its concern about reports of attempts by the Acting Presidents to inhibit dialogue among the judges who participated in the election and about alleged attempts to manipulate the vote in the General Assembly;
Amendment 96 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Notes with regret that doubts concerning the validity of the election process in the General Assembly as well as the impartiality and independence of the Acting Presidents during the election process could undermine the legitimacy of the new First President of the Supreme Court nominated by the President of Poland on 25 May 2020, and could thus put into question the independence of the Supreme Court;
Amendment 97 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16d. Regrets that on 25 May 2020, the President of Poland nominated the new First President of the Supreme Court, although the General Assembly of the Supreme Court had not yet officially submitted a list of candidates to the President, as required by Article 183 of the Polish Constitution, which further undermines the separation of powers and negatively affects the legitimacy of the new First President of the Supreme Court; recalls that a similar violation of law by the President of Poland occurred when nominating the President of the Constitutional Tribunal;
Amendment 103 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that, in 20178, two new chambers within the Supreme Court were created, namely the Disciplinary Chamber and the Extraordinary Chamber, which were staffed with newly appointed judges selected by the new NCJ and entrusted with special powers – including the power of the Extraordinary Chamber to quash final judgments taken by lower courts or by the Supreme Court itself by way of extraordinary review, and the power of the Disciplinary Chamber to discipline other (Supreme Court) judges, creating de facto a “Supreme Court within the Supreme Court”;30 _________________ 30OSCE-ODIHR, Opinion of 13 November 2017, p. 7-20; Venice Commission, Opinion of 8-9 December 2017, para. 43; Recommendation (EU) 2018/103, para. 25; GRECO, Addendum to the Fourth Round Evaluation Report on Poland (Rule 34) of 18-22 June 2018, para. 31; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 8. (The new Act on Supreme Court was adopted in December 2017, however, from an organisational standpoint, both the new chambers were created and began to adjudicate at the end of 2018. The first nominations for judges in the newly- created chamber of the Supreme Court were delivered by President Duda on September 20th 2018 and October 10th 2018.)
Amendment 119 #
2017/0360R(NLE)
Motion for a resolution
Subheading 11
Subheading 11
The rules governing the organisation of the ordinary courts and, the appointment of courts presidents and the retirement regime for judges of the ordinary courts
Amendment 121 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Regrets that the Minister of Justice, who is, in the Polish system, also the Prosecutor General, obtained the power to appoint and dismiss court presidents of the lower courts at his discretion during a transitional period of six months, and that in 2017-2018 the Minister of Justice replaced over aone hundred and fifty court presidents and vice-presidents; notes that, after this period, removal of court presidents remained in the hands of the Minister of Justice, with virtually no effective checks attached to this power; notes, furthermore, that the Minister of Justice also obtained other “disciplinary” powers vis-à-vis court presidents, and presidents of higher courts, who in turn, now have large administrative powers vis- à-vis presidents of lower courts36 ; regrets this major setback for the rule of law and judicial independence in Poland37 ; _________________ 36Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para. 45. 37See also Council of Europe, Bureau of the Consultative Council of European Judges (CCJE-BU), CCJE- BU(2018)6REV, 18 June 2018. (The total number of Presidents and Vice- Presidents of the courts who have been expelled on the basis of the provisions cited is 158 - according to data officially provided by the Ministry of Justice upon the request by the Polish Judges’ Association ‘Iustitia’.)
Amendment 123 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Recalls that the CJEU found in its judgement of 5 November 201938a that the provisions of the Polish law amending the law on the organisation of the ordinary courts, which lowered the retirement age of judges of the ordinary courts, whilst allowing the Minister of Justice to decide on the prolongation of their active service, and which set a different retirement age depending on their gender, are contrary to Union law; _________________ 38aJudgment of the Court of Justice of 5 November 2019, Commission v Poland, C- 192/18, ECLI:EU:C:2019:924.
Amendment 132 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Recalls that the CJEU found in its judgement of 5 November 201943a that lowering the retirement age of public prosecutors is contrary to Union law because it establishes a different retirement age for men and women who are public prosecutors in Poland; _________________ 43aJudgment of the Court of Justice of 5 November 2019, Commission v Poland, C- 192/18 ECLI:EU:C:2019:924.
Amendment 146 #
2017/0360R(NLE)
Motion for a resolution
Subheading 17
Subheading 17
Amendment 154 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Is deeply concerned by the excessive use of libel cases by some politicians against journalists, including by sentencing with criminal fines and suspension from exercising the profession of journalist; fears for a chilling effect on the profession and independence of journalists and media46 ; calls on the Commission to propose an Anti-SLAPP (strategic lawsuit against public participation) Directive that will protect the media from vexatious lawsuits in the Union that are intended to silence, intimidate or bankrupt them; _________________ 46Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, 2020 Annual Report, March 2020, p. 42.
Amendment 156 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Is concerned about reported cases of detention of journalists for doing their job when reporting on anti-lockdown protests;
Amendment 157 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 37 b (new)
Paragraph 37 b (new)
37b. Is concerned by the actions carried out by the Polish authorities in recent years, including a re-shaping of the public broadcaster into a pro-government broadcaster, hindering public media and their governing bodies of independent or dissenting voices and exercising control over the broadcasting content, the latest example involving the Polish public Radio Three (known as Troika), which was accused of censoring an anti-government song that topped the charts, with the internet links and news about the song disabled on the station’s website shortly after the chart show was broadcast; notes with regret that since 2015 Poland has fallen in the World Press Freedom Index from 18th to 62nd place; recalls that Article 11 of the EU Charter of Fundamental Rights states that the freedom and pluralism of the media shall be respected; recalls that Article 54 of the Polish Constitution guarantees freedom of expression and forbids censorship;
Amendment 171 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Calls on the Polish authorities to modify the act of 15 September 2017 on the National Institute for Freedom - Centre for the Development of Civil Society49 , in order to ensure access to state funding for critical civil society groups at all levels, and a fair, impartial and transparent distribution of public funds to civil society, in a continually shrinking space for it to operate, and ensuringe pluralistic representation; calls for the rapid adoption of the Rights and Values Programme with adequate funding for the Union values strand; _________________ 49OSCE/ODIHR, Opinion on the Draft Act of Poland on the National Freedom Institute - Centre for the Development of Civil Society, Warsaw, 22 August 2017.
Amendment 175 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Is deeply concerned about the transmission of personal data from the Universal Electronic System for Registration of the Population (PESEL register) by the Ministry of Digital Affairs of Poland to the operator of the postal services on 22 April 2020, aimed at facilitating the organisation of the presidential election on 10 May 2020 via postal ballot, despite the lack of a proper legal basis, as the bill allowing for an all- postal election was not adopted by the Polish Parliament until 7 May 2020; notes furthermore that the PESEL register is not identical to the voters register and includes also personal data of citizens of other EU Member States, thus the above-mentioned transfer could constitute a potential breach of the Regulation (EU) 2016/679; recalls that the European Data Protection Board (EDPB) discussed this matter during its meeting on 5 May 2020 and underlined in its subsequent statement that public authorities may disclose information on individuals included in electoral lists, but only when this is specifically authorised by Member State law;
Amendment 186 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Reiterates its deep concern expressed in its resolution of 14 November 2019, also shared by the Council of Europe Commissioner for Human Rights51 , over the original text of the draft law amending Article 200b of the Polish Penal Code, submitted to the Sejm by the ‘Stop Paedophilia’ initiative, for its extremely vague, broad and disproportionate provisions, which de facto seeks to criminalise the dissemination of sexual education to minors and whose scope potentially threatens all persons, in particular parents, teachers and sex educators, with up to three years in prison for teaching about human sexuality, health and intimate relations; stresses the importance of health and sexual education; _________________ 51Council of Europe Commissioner for Human Rights, Statement of 14 April 2020.
Amendment 193 #
2017/0360R(NLE)
Motion for a resolution
Subheading 22
Subheading 22
Amendment 200 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Recalls that Parliament has strongly criticised, already in its resolutions of 14 September 2016 and 15 November 2017, any legislative proposal that would prohibit abortion in cases of severe or fatal foetal impairment, emphasizing that universal access to healthcare, including sexual and reproductive healthcare and the associated rights, is a fundamental human right52 ; _________________ 52See as well Statement of 22 March 2018 by UN Experts advising the UN Working Groupaccording to the Charter of Fundamental Rights, the ECHR and the case law of the European Court of Human Rights, women’s sexual and reproductive health is related to multiple human rights, including the right to life and dignity, freedom from inhuman and degrading treatment, the right of access to health care, the right to privacy, the right to education and the prohibition onf discrimination, against women, and Statement of 14 April 2020 by the Council of Europe Commissioner for Human Rights.s is also reflected in the Polish Constitution;
Amendment 202 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Recalls Parliament’s criticism regarding the stance of the Polish government towards women’s rights; calls on the Polish government to take a firm stand on women’s rights; calls on Poland to respect the case law of the ECtHR in this regard;
Amendment 203 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 43 b (new)
Paragraph 43 b (new)
43b. Stresses that in the area of sexual and reproductive health the Union has complementary and supportive competence while legislative powers in that regard lie with the Member States;
Amendment 216 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Reiterates its call on the Polish government to take appropriate action on and strongly condemn any xenophobic and fascist hate crime or hate speech53 ; _________________ 53EP Resolution of 15 November 2017, para. 18; PACE, Resolution 2316 (2020) of 28 January 2020 on the functioning of democratic institutions in Poland, para. 14; UN Human Rights Committee (HRC), Concluding observations on the seventh periodic report of Poland, 23 November 2016, CCPR/C/POL/CO/7, paras 15-18.
Amendment 230 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and recalled on the Commission to strongly condemn such public discrimins the condemnation of such actions by the Commission as well as international organisations;
Amendment 238 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Calls on the Polish government to comply with all provisions relating to the rule of law and fundamental rights enshrined in the Treaties, the Charter of Fundamental Rights, the ECHR and international human rights standards, and to engage directly in dialogue with the Commission; stresses that such a dialogue needs to be conducted in an impartial, evidence-based and cooperative manner while also respecting the competences of the Union and its Member States as enshrined in the Treaties, and the principle of subsidiarity; calls on the Polish government to cooperate with the Commission pursuant to the principle of sincere cooperation as set out in the Treaty; calls on the Polish government to swiftly implement the rulings of the CJEU and to respect the primacy of Union law;
Amendment 253 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Calls on the Commission to make full use of the tools available to it, to address a clear risk of a serious breach by Poland of the values on which the Union is founded, in particular expedited infringement procedures and applications for interim measures before the CJEU, as well as budgetary toolsexplore whether there are budgetary tools that can be introduced in this regard as a last resort; calls on the Commission to continue to keep Parliament regularly informed and closely involved;
Amendment 15 #
2017/0035(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The system established by Regulation (EC) No 182/2011 has, overall, proven to work well in practice and struck an appropriate institutional balance as regards the roles of the Commission and the other actors involved. That system should therefore continue to function unchanged except for certain targeted amendments concerning specific aspects of procedure at the level of the appeal committee. These amendments are intended to ensure wider political accountability and ownership of politically sensitive implementing acts without, however, modifying the legal and institutional responsibilities for implementing acts as organised by Regulation (EU) No 182/2011Consequently, this may not be the best time to embark on amending specific aspects of procedure at the level of the appeal committee.
Amendment 18 #
2017/0035(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) These amendments apply to a minority of examination procedures and are intended to ensure wider political accountability and ownership of politically sensitive implementing acts without, however, modifying the legal and institutional responsibilities for implementing acts as organised by Regulation (EU) No 182/2011.
Amendment 19 #
2017/0035(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In a number of specific cases, Regulation (EU) No 182/2011 provides for referral to the appeal committee. In practice, particularly in relation to genetically modified organisms, genetically modified food and feed and plant protection products, the appeal committee has been seized in cases where no qualified majority, either in favour or against, was attained within the committee in the context of the examination procedure and thus no opinion was delivered. In the majority of cases this happened in relation to genetically modified organisms and genetically modified food and feed and plant protection productsThus a very small percentage of the cases subject to the examination procedure are concerned.
Amendment 20 #
2017/0035(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Experience has shown that, in the vast majority of cassometimes, the appeal committee repeats the outcome of the examination committee and results in no opinion being delivered. The appeal committee has therefore not always helped in providing clarity on Member State positions.
Amendment 21 #
2017/0035(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) That discretion is, however, significantly reducedHowever, in cases relating to the authorisation of products or substances, such as in the area of genetically modified food and feed, as the Commission is obliged to adopt a decision within a reasonable time and cannot abstain from taking a decision.
Amendment 22 #
2017/0035(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) While the Commission is empoweredhas the competence to decide in such cases, which should be assumed at any event, due to the particular sensitivity of the issues at stake, Member States should also fully assume their responsibility in the decision- making process. This, however, ismay not be the case when Member States are not able to reach a qualified majority, due to, amongst others, a significant number of abstentions or non-appearances at the moment of the vote.
Amendment 25 #
2017/0035(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to increase the added valuThe role of the appeal committee its role should therefore be strengthened by providing for the possibility of holding a further meeting of the appeal committee whenever no opinion is delivered. The appropriate level of representation at the further meeting of the appeal committee shouldmay be ministerial level, to ensure a political discussion. To allow the organisation of such a further meeting the timeframe for the appeal committee to deliver an opinion should be extended.
Amendment 27 #
2017/0035(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Commission should have the possibility, in specific cases, to ask the Council to indicate its views and orientatIn specific cases, at the request of the Commission, the Council may express its opinion on the wider implications of the absence of an opinion, including the institutional, legal, political and international implications. The Commission shall take account of any position expressed by the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referralat opinion will be optional in nature and will not be binding, and it should be issued within 3 months after the submission of the request, unless, in duly justified cases, another deadline has been set by the Commission.
Amendment 29 #
2017/0035(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Transparency on the votes of Member State representatives at the appeal committee level should be increased and the individual Member State representatives' votes should be made publicdisclosed.
Amendment 33 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 182/2011
Article 3 – paragraph 7 – subparagraph 6
Article 3 – paragraph 7 – subparagraph 6
Where no opinion is delivered in the appeal committee pursuant to the second subparagraph of Article 6(3), the chair may decidpropose that the appeal committee shall hold a further meeting, at ministerial level. In such cases the appeal committee shall deliver its opinion within 3 months of the initial date of referral.
Amendment 38 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 182/2011
Article 6 – paragraph 3 a
Article 6 – paragraph 3 a
3a. Where no opinion is delivered in the appeal committee, the Commission may refer the matter to the Council for an opinion indicating its views and orientatat the request of the Commission, the Council may express its opinion on the wider implications of the absence of opinionoutcome of the vote, including the institutional, legal, political and international implications. The Commission shall take account of any position expressed by the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referralat opinion will be optional in nature and will not be binding, and it should be issued within 3 months after the submission of the request, unless, in duly justified cases, another deadline has been set by the Commission.
Amendment 43 #
2017/0035(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall not apply to pending procedures on which the appeal committee has already delivered an opinion on the date of entry into force of this Regulationbegun after its entry into force.
Amendment 21 #
2017/0007(COD)
Proposal for a decision
Recital 17
Recital 17
(17) The Union's macro-financial assistance should support Moldova's commitment to values shared with the Union, including democracy, in particular a multi-party system and also the rule of law, good governance, respect for human rights, the social market economy, sustainable development and poverty reduction, as well as its commitment to the principles of open, rules-based and fair trade.
Amendment 6 #
2016/2324(INI)
1. Deplores the fact that certain states often limit or restrict freedom of expression in order to silence dissent or criticism; recalls that the long-term stability and resilience of a society can only be achieved and maintained by ensuring opennessthe autonomy of the civic space and the rights to freedom of expression, opinion, peaceful assembly and association;
Amendment 35 #
2016/2324(INI)
3. Calls on the Commission, the European External Action Service (EEAS), the Member States and the EU Special Representative for Human Rights to be more vocal, consistent and timely in expressing objections to restrictive CSO laws and to exert effective and tailored pressure on the host governments in question and raise this issue systematically in political and human rights dialogues; considers that EU actors could exert more positive conditionality by allocating additional funds to those governments alof develowping a wider space forcountries that grant greater autonomy to civil society;
Amendment 41 #
2016/2324(INI)
4. Calls on all EU actors to advocate more effectively in multilateral fora the strengthening of the international legal framework underpinning democracy and human rights, inter alia by engaging with regional organisations such as the Organisation of American States (OAS), the African Union (AU), the Association of Southeast Asian Nations (ASEAN), the League of Arab States (LAS) and the Community of Democracies Working Group on Enabling and Protecting Civil Society;
Amendment 48 #
2016/2324(INI)
5. Requests the establishment of a ‘Shrinking Space Early Warning’ mechanism, with the involvement of the relevant EU institutions, in particular with the support of the EU delegations, capable of issuing an alert when there are indications that a given government is preparing serious new restrictions against civil society so that the EU is able to respond in a timelier, coordinated and tangible manner;
Amendment 22 #
2016/2301(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to further promote the ratification and effective implementation of the core ILO conventions, with a special focus on the eradication of child labour and forced labour, as well as full compliance by EU companies with the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights; recommends strengthening the role of OECD National Contact Points and their cooperation with independent national and regional human rights institutions with a view to improving the governance of global value chains;
Amendment 41 #
2016/2301(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission and Member States to promote sustainable public procurement by applying specific requirements on human rights compliance, particularly regarding the promotion of gender equality and European competition rules, and transparency for suppliers and their international supply chains;
Amendment 49 #
2016/2301(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to swiftly submit a legislative proposal with the aim of setting up comprehensive labelling measures in order to guarantee enhanced consumer information on the content and origi, origin and production of products sold on the EU market throughout their supply chain;
Amendment 54 #
2016/2301(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the need for binding contractual agreements on human rights and environmental protection measures between companies and their suppliers along the entire value chain; underlines the importance of effective enforcement by judicial means, including access to remedies for victims.
Amendment 1 #
2016/2240(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to Article 167(3) and (4) of the Treaty on the Functioning of the European Union (TFEU),
Amendment 3 #
2016/2240(INI)
Motion for a resolution
Citation 3
Citation 3
– having regard to the United Nations 2030 Agenda for Sustainable Development, in particular Sustainable Development Goals 4 and 17,
Amendment 21 #
2016/2240(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is a prominen important actor in international politics playing an ever-increasing role in world affairs, including through an enhanced capacity ofthe promotingon of cultureal and linguistic diversity in international relations;
Amendment 24 #
2016/2240(INI)
Motion for a resolution
Recital B
Recital B
B. whereas culture has an intrinsic value, serves as a powerful bridge between people of different ethnic, religious and social backgrounds, reinforces intercultural and interreligious dialogue and mutual understanding, and brings people together, and should therefore be part of EU foreign policy, including through the activities of the European External Action Service (EEAS);
Amendment 39 #
2016/2240(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU and its Member States have common cultural, linguistic, historical, religious roots and heritage and are united, therefore, in their diversity;
Amendment 64 #
2016/2240(INI)
Motion for a resolution
Recital G
Recital G
G. whereas mobility of researchers, students and staff to and from third countries and alumni networks of former participants in EU programmes17 are a key part of the EU’s international cultural relations; __________________ 17 For instance, Erasmus and, Horizon 2020 and Creative Europe.
Amendment 74 #
2016/2240(INI)
Motion for a resolution
Recital J
Recital J
J. whereas coordination among EU programmes and resources, combined with appreciation of the role played by heritage, should strengthen the cultural dimension of EU international relations;
Amendment 76 #
2016/2240(INI)
Motion for a resolution
Recital K
Recital K
K. whereas EU initiatives and actions should be more visible in third countries , including in those covered by the European Neighbourhood Policy, and their results better attributed, assessed and disseminated18; __________________ 18 The EU Visitors Programme (EUVP), established in 1974 by Parliament and the Commission, for instance, is an individual study programme for promising young leaders and opinion-moulders from countries outside the European Union, its motto being ‘Sharing EU values around the world since 1974’.
Amendment 117 #
2016/2240(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls the importance of cooperation among the Member States with respect to cultural heritage in terms of researchaccessibility, research, promotion, preservation and management and the fight against trafficking, including through regionally dedicated funds and assistance;
Amendment 121 #
2016/2240(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that international cultural relations be embedded in the cultural and creative sectors (CCS), thus reinforcing and promoting the role of professionals, including through regional creative hubs and clusters, and through the identification and stimulation of cultural clusters in the regions of the European Union;
Amendment 271 #
2016/2240(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Highlights the important role of culture in EU external policy as a soft power tool and as an engine for sustainable socio- economic development;
Amendment 189 #
2016/2238(INI)
Motion for a resolution
Paragraph 12 – indent 1
Paragraph 12 – indent 1
– help to overcome legal differences betweenharmonise the legal systems of the Member States;
Amendment 233 #
2016/2238(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that one of the most effective ways of influencing PSCs is through public sector procurement decisionscontracting; emphasises, therefore, the importance of making the award of contracts to PSCs conditional on the adoption of best practices, particularly regarding transparency, such as the ICoC, which some Member States have already implemented; notes, however, that the ICoC compliance mechanism needs to be strengthened and its full independence assured to make it a credible incentive for compliance;
Amendment 28 #
2016/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes the view that, given the central role of whistle-blowers in tackling corruptionacting in the public interest in tackling corruption and other forms of crime, it is important that people who disclose information (whether confidential or otherwise) concerning alleged irregularitieunlawful conducts are afforded proper protection, both of their physical and moral integrity and their livelihoods, namely by being granted the highest possible level of confidentiality;
Amendment 53 #
2016/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that current EU law should be applied whenever appropriate by both the EU institutions and the Member States, and that it should be interpreted in such a way as to offer whistle-blowers acting in the public interest the best possible protection;
Amendment 56 #
2016/2224(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on all the EU institutions and bodies to carry out comprehensive and effective follow-up work on the Ombudsman’s own-initiative report of 24 July 2014, in keeping with Article 22 of the Staff Regulations, which provides for internal measures to protect whistle- blowers when acting in the public interest;
Amendment 60 #
2016/2224(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States to establish transparent and clear channels for information disclosure, to set up independent national authorities to protect whistle-blowers acting in the public interest, and to consider providing those authorities with specific support funds; calls for a centralised European authority based on the model of national privacy watchdogs to be set up.
Amendment 21 #
2016/2149(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the underrepresentation of parliamentary minorities in European affairs should be counterbalanced while fully respecting the majorities in each national parliament, and in accordance with the principle of proportionality representation;
Amendment 72 #
2016/2149(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the alignment of different political stances across the Member States could strengthen and expand cross-sectional debates at European level; considers, therefore, that national parliamentary delegations acting before the European Institutions should consist of members from several political parties; stresses the relevance of the principle of proportionality representation in this regard;
Amendment 101 #
2016/2149(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that national parliaments would better cope with the information sent to them either by virtue of the EWS, or under their right to information, if the IPEX platform was given the relevance of an Agora, or forum, for a permanent dialogue among national parliaments and between these and the European institutions; resolves, therefore, to promote the use of the platform for the enhancement of political dialogue, and for; recommends to the national Parliaments the timely use of the IPEX Platform for an early start of the national scrutiny mechanisms; recommends using IPEX as a channel for systematic sharing of information and early flagging upof subsidiarity concerns; swiftly; undertakes to instruct the staff of national parliamentary chambers on how to work with the platformees the potential to develop IPEX as the main channel of communication and transmission of relevant documents from the EU institutions to national parliaments and vice versa;
Amendment 1072 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 136
Rule 136
Amendment 8 #
2016/2005(ACI)
Motion for a resolution
Recital G
Recital G
G. whereas the new IIA is without prejudice to the 2010 Framework Agreement, in accordance with the declaration of the European Parliament and the Commission set out in Annex II, the new IIA is without prejudice to the 2010 Framework Agreement, which should therefore be amended and/or adapted only where strictly necessary following the entry into force of the new IIA, with the aim of appropriately safeguarding the European Parliament’s position and prerogatives;
Amendment 38 #
2016/2005(ACI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the letter of 15 December 2015 from the First Vice President of the Commission on the functioning of the new Regulatory Scrutiny Board, which is to oversee the quality of the Commission's impact assessments; points out that the legislators may also carry out their own impact assessments where they consider this necessary; underlines that, furthermore, the new IIA provides for exchanges of information between the institutions on best practice and methodologies relating to impact assessments, thus providing an opportunity tofor the three institutions to reach agreement on a common methodology and review the functioning of the Regulatory Scrutiny Board in due time;
Amendment 52 #
2016/2005(ACI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges that the agreed measures to improve the mutual exchange of views and information between Parliament and the Council in their capacity as legislators constitute a step forward, but; considers, however, that they do not yet establishshould be developed further, particularly in terms of mutual access to information and meetings, so as to ensure a truly equal balance and equal treatment between the legislators throughout the legislative procedure in terms of mutual access to information and meetings, and to guarantee that the principle of mutual sincere cooperation among institutions is complied with; warns that the agreed informal exchanges of views should not develop into a new arena of non- transparent interinstitutional negotiations;
Amendment 61 #
2016/2005(ACI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the commitment to ensure transparency of legislative procedures, but underlines the need for more concrete provisions and tools to achieve this, in particular as regards the use of first- reading agreements;
Amendment 69 #
2016/2005(ACI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Also believes that more concrete arrangements are needed in order to enhance the political dialogue with national parliaments; highlights, in this connection, the important role given to national parliaments in the Lisbon Treaty and stresses that, alongside the role which they play in monitoring respect for the principles of subsidiarity and proportionality, they can and do make positive contributions in the framework of the political dialogue;
Amendment 73 #
2016/2005(ACI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for a comprehensive evaluation of the impact that the new IIA will have on the 2010 Framework Agreement and other related existing interinstitutional agreements, bearing in mind the need for simplification ofto safeguard the European Parliament's position and prerogatives and simplify the architecture of the numerous arrangements regulating interinstitutional relations;
Amendment 167 #
2016/0281(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to protect the financial interests of the Union, with a view to establishing whether there has beenWith a view to fighting financial crime, in particular by uncovering cases of fraud, corruption, and money laundering or, and to combating any other illegal activity affecting the financial interests of the Union in connection with any financing and investment operations covered by this Regulation, the European Anti-Fraud Office (OLAF) is entitled to carry out investigations in accordance with Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council26, Council Regulation (Euratom, EC) No 2185/9627 and Council Regulation (EC, Euratom) No 2988/9528. __________________ 26 Regulation (EU, Euratom) No 883/2013 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 27 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 28 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
Amendment 170 #
2016/0281(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to contribute to the international fight against tax fraud, tax evasion and money-laundering, tThe eligible counterparts should not support any activities carried out for illegal purposes and should not participate in any financing or investment operation through a vehicle located in a non-cooperative jurisdiction, given the need to contribute to the international fight against tax fraud, tax evasion and money laundering.
Amendment 73 #
2016/0225(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and should therefore be applied in a manner consistent with these rights and principles, including as regards the rights of the child, the right to respect for family life and the general principle of non- discrimination.
Amendment 24 #
2016/0133(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation ofFailure to comply with those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to must not prejudice the right of the applicant to a fair and equitable process or entail unnecessary, inappropriate and disproportionate consequences in terms of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Member State where such an applicant is present should in any case ensure that the immediate materialbasic needs of that person are covered.
Amendment 32 #
2016/0133(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In order to ensure the speedy determination of responsibility and allocation of applicants for international protection between Member States, the deadlines for making and replying to requests to take charge, for making take back notifications, and for carrying out transfers, as well as for making and deciding on appeals, should be streamlined and shortened to the greatest extent possible while respecting the fundamental rights of applicants.
Amendment 2 #
2015/2344(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the Treaty on European Union (TEU), especially Article 3 thereof, which establishes the creation of the single market, whose currency is the euro,
Amendment 19 #
2015/2344(INI)
Motion for a resolution
Citation 11
Citation 11
– having regard to its resolution of 102 June 2013 on strengthening European democracy in the future4 , __________________ 4 OJ C 65, 19.2.2016, p. 96. OJ C 65, 19.2.2016, p. 96.
Amendment 32 #
2015/2344(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Treaty on European Union establishes the creation of the single marketcontains the objective, inter alia, to establish an internal market and an economic and monetary union, whose currency is the euro; whereas the European Monetary Union currently consists of 19 members, two of whom have opt-out clauses, the remaining seven EU Member States having yet to join; whereas no financial liability will be incurred by the two countries with opt-outs from EMU in the framework of any fiscal capacity for the euro area;
Amendment 34 #
2015/2344(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that a budgetary capacity aiming to provide conditional incentives for structural reforms can be established on the basis of the current Treaties, if need be through enhanced cooperation;
Amendment 36 #
2015/2344(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Points out that if a budgetary capacity would aim to provide support for adjustment to asymmetric or symmetric shocks, mechanisms to strengthen economic integration and convergence will need to develop from decentralized national fiscal policies towards further sovereignty sharing within common institutions, with increased democratic control at EU level, implying also a general use of the ordinary legislative procedure where this is not yet the case;
Amendment 37 #
2015/2344(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Considers furthermore that in such case the integration of the ESM in the EU legal framework is recommendable and that consideration must be given to the establishment of a Treasury within the Commission to manage and supervise the common resources and policies related to them;
Amendment 207 #
2015/2344(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that the crisis has proved that a common monetary policy without a common fiscal policy cannot address asymmetric shocks to the euro area; reiterates that mere coordination of national fiscal policies without credible enforcement mechanisms has not prevented an investment gap, has proved to be insufficient to trigger growth-enhancing, sustainable and socially balanced structural reforms and has not enhanced the national capacity to absorb economic shocks;
Amendment 220 #
2015/2344(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Observes that the stabilisation of the economic cycle since the beginning of the crisis has relied almost exclusively on the ECB, and that the reduced options available for monetary policy in a context of zero lower bound rates have led the ECB to implement unconventional monetary policy measures; recalls that the President of the ECB has called for integratedfurther sovereignty sharing within common institutions, for a stronger and proactive fiscal policy on the euro area scale and for euro area Member States to deliver on structural reform;
Amendment 238 #
2015/2344(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges the results achieved since the crisis broke in terms of risk reduction and better coordination; points in particular to the many measures taken by the EU institutions to address the shortcomings revealed by the crisis by strengthening coordination of national fiscal policies, in particular via the adoption of the Six-Pack and the Two-Pack Regulations; welcomes further the fact that the EU institutions have set up frameworks for action were set up in current and future crises, namely by creating the European Financial Stability Mechanism (EFSM), the temporary European Financial Stabilisation Facility (EFSF) and its permanent successor, the European Stability Mechanism (ESM); underlines, however, that these mechanisms dramatically lack democratic oversight and parliamentary control, and hence ownership;
Amendment 247 #
2015/2344(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that in 2012 the Commission introduced in its ‘Blueprint for a deep and genuine EMU’ the idea of a Convergence and Competitiveness instrument for euro area Member States, whereby euro area Member States could get financial support for ‘reform packages that are agreed and important both for the Member States and for the good functioning of the euro area’, and that this financial support ‘could be set up in principle as part of the EU budget’ and be established by secondary law on the basis of Articles 136 or 352 TFEU, if necessary by enhanced cooperation, and financed by either a commitment on the part of the euro area Member States or a legal obligation to that effect enshrined in the EU’s own resources legislation, with inclusion in the EU budget as ‘assigned revenues’; considers the review by the Commission of the European Semester, including the Structural Reform Support Programme (SRSP), as a follow-up to this approach;
Amendment 287 #
2015/2344(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Argues that convergence, good governance and conditionality enforced through institutions being held democratically accountable at the euro-area and/or national level are key, notably to preventing permanent transfers and moral hazard;
Amendment 322 #
2015/2344(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that a fiscal capacity must be created on top of existing EU funding instruments, within ithe Union's legal framework, in order toand ensure consistent development between eEurozone and non-e Eurozone Member States;
Amendment 395 #
2015/2344(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Demands that the ESM be integrated into the Union’s legal framework and evolve towards a Community mechanism, as provided for in the ESM Treaty and as constantly requested by the European Parliament and foreseencalled for in the Five Presidents’ report; underlines that the ECJ Pringle case-law and jurisprudence open up the possibility of bringing the ESM within the Union’s framework, within the existing Treaties, on the basis of Article 352 TFEU; calls, therefore, on the Commission to bring forward as a matter of urgency a legislative proposal to that end; demands that the ESM be made fully accountable to the European Parliament;
Amendment 416 #
2015/2344(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the ESM, whilst fulfilling its ongoing tasks, to be further developed and turned into a European Monetary Fund (EMF) with adequate lending and borrowing capacities and a clearly defined mandate, including its contribution to a euro area fiscal capacity; stresses that an EMF should be managed by the Commission and, who is held democratically accountable by the European Parliament; emphasises that national parliaments would be involved in the process, given that their constitutional prerogatives regarding financial resourcethe adoption of budgetary decisions could be affected;
Amendment 431 #
2015/2344(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Insists that once it is integrated into Community law, the fiscal capacity for the euro area should be integrated into the EU budget, but over and above the current ceilings of the Multiannual Financial Framework (MFF);
Amendment 758 #
2015/2344(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Stresses that the Community method should prevail in the development of economic governance for the euro area; urges that no reinforcement of intergovernmental structures should take place in parallel withaddition to existing structures;
Amendment 778 #
2015/2344(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Argues that national ownership could be improved by including national parliaments in the proceduresparliaments have an important role to play in helping improve national ownership; insists, however, that the competences of the EP and the national parliaments conferred upon these institutions by the Treaties should be respected and that mixing of these competences be avoided;
Amendment 4 #
2015/2041(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to its resolution of 8 May 2008 on the development of the framework for the activities of interest representatives (lobbyists) in the European institutions (2007/2115(INI));
Amendment 6 #
2015/2041(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union ‘shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions’ (Article 9 of the Treaty on European Union), and whereas ‘every citizen shall have the right to participate in the democratic life of the Union’ and ‘decisions shall be taken as openly and as closely as possible to the citizen’ (Article 10(3)) and that ‘the Union’s institutions, bodies, offices and agencies shall conduct their work as openly as possible’ (Article 15(1) of the TFEU);
Amendment 11 #
2015/2041(INI)
Motion for a resolution
Recital B
Recital B
B. whereas EU institutions have been becoming more open and are in most respects already ahead of national and regional political institutions in terms of their transparency, accountability and integrity;
Amendment 12 #
2015/2041(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the adequate representation of different interests in the legislation process represents a significant source of information for Members and is crucial for the properly functioning of pluralistic societies;
Amendment 14 #
2015/2041(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, in view of the greater distance between the EU and its citizens and lower levels of media interest in the EU affairs, EU institutions must strive for the highest possible standards of transparency, accountability and integrity;
Amendment 23 #
2015/2041(INI)
Motion for a resolution
Recital D
Recital D
D. whereas non-transparent, one-sided lobbying may poses a significant threaterious challenge to policy-making and to the public interest;
Amendment 38 #
2015/2041(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. BelievEncourages that the Commission, Parliament and the Council should record and disclose allrelevant input received from lobbyists/interest representatives on draft policies, laws and amendments as a ‘legislative footprint’; suggests that this legislative footprint should consist of a form annexed to reports, detailing all the lobbyists with whom those in charge of a particular file have met in the process of drawing up each report and a second document listing all written input received;
Amendment 47 #
2015/2041(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to expand and improve its existing initiativeWelcomes the initiative of the Commission as laid out in its decision of 25 November 2014 on the publication of information on meetings held between Members of the Commission and organisations or self-employed individuals; considers that the recording of meeting data should be expanded to include everyone involved in the EU’s policy-making processalls on the Commission to continue with the increase of transparency in regard to meetings of decision makers in the EU’s policy-making process, while taking into account necessary data protection;
Amendment 69 #
2015/2041(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests that the Code of Conduct should be amended so as to make it mandatory for rapporteurs and committee chairs to adopt the same practice of exclusively meeting registered lobbyists and publish information on such meetings online and for rapporteurs to publish a legislative footprint;
Amendment 83 #
2015/2041(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that an amendment should introduce mandatory monthlyannual updates on lobby expenditures;
Amendment 90 #
2015/2041(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates its longstanding call to back up the EU lobby register with a legal act to close all loopholes anhich would achieve a fully mandatory register for all lobbyists; considers that the proposal for this legal act could take into account the progress achieved by changes in the inter- institutional agreement and Parliament’s Code of Conduct;
Amendment 102 #
2015/2041(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers lobby transparency through monthlyannual reporting by lobbyists about their meetings as a key element for future EU legislation;
Amendment 107 #
2015/2041(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that, when interpreting ‘inappropriate behaviour’ within the meaning of point (b) of the Code of Conduct, this expression shcould be taken to include turning down formal invitations to hearings or committees without sufficient reason;
Amendment 111 #
2015/2041(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 119 #
2015/2041(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls the position of the EP adopted in the Gualtieri report on the modification of the interinstitutional agreement on the Transparency Register(2014/2010(ACI)), with regard to professional organisations, and their readiness to work in partnership to ensure that, in the interest of their profession the withholding of information is confined exclusively to what the legislation objectively permits;
Amendment 126 #
2015/2041(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks the Bureau to restrict access to Parliament’s premises for non-registered organisations or individuals by making all visitors to its premises sign a declaration that they are not lobbyists falling within the scope of the register or otherwise declare their registrationthat undertake lobbying activities;
Amendment 134 #
2015/2041(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes it to be necessary, as a matter of urgency,Reiterates the necessity to introduce a proper monitoring system for submitted information in order to ensure that the information that registrants provide is meaningful, accurate, up-to-date and comprehensive;
Amendment 156 #
2015/2041(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that representations of national, regional and local governments should not fall under the EU lobby register if they have their own mandatory lobby register and do not offer workspace for private or corporate actors within their representations;
Amendment 162 #
2015/2041(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is of the opinion that further steps need to be taken both to tackle ethical issues relating to the political role of lobbies, their practices and their influence and to promote safeguards for integrity, in order to raise the level of transparency of lobbying activities;
Amendment 172 #
2015/2041(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the members of the Advisory Committee chosen from among Members of the European Parliament should be complemented by a majority of externally chosen members who must be qualified experts in the field of ethics regulation and should be drawn from an open call and include members of civil societyshould be former member of the European Court of Justice or European Court of Auditors;
Amendment 180 #
2015/2041(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 190 #
2015/2041(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 200 #
2015/2041(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Encourages the dissemination of the conflict-of-interest policy among officials alongside on-going awareness-raising activities;
Amendment 209 #
2015/2041(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that Article 3 of the Code of Conduct for Members should be rephrased to include a clear ban on MembersReiterates that MEPs should declare if they are holding side jobs or other paid work that could lead to a conflict of interest;
Amendment 223 #
2015/2041(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 229 #
2015/2041(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers it regrettable that the Council has still not adopted a code of conduct;
Amendment 240 #
2015/2041(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 243 #
2015/2041(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 252 #
2015/2041(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Underlines the need to enhance integrity and improve the ethical framework through clear and reinforced codes of conduct and ethical principles, so as to allow the development of a common and effective culture of integrity for all EU institutions and agencies;
Amendment 253 #
2015/2041(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Recognises that revolving door effect can be detrimental to the relations between the institutions and interest representatives; calls on the Commission to develop a systematic and proportional approach for this challenge throughout the European institutions;
Amendment 257 #
2015/2041(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 284 #
2015/2041(INI)
Motion for a resolution
Subheading 6
Subheading 6
Amendment 288 #
2015/2041(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 294 #
2015/2041(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 302 #
2015/2041(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Recalls the provisions of Regulation 2014/1141, that will entry into force in January 1, 2017, stipulating that control over the financing of European Political Parties shall be exercised on the basis of annual certification by an external and independent audit, as well as by the Court of Auditors, in accordance with Article 287 TFEU;
Amendment 335 #
2015/2041(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Regrets that the Council’s lack of transparency is preventing citizens and national parliaments form holding governments fully accountable owing to a lack ofinsufficient information on the positions of individual Member States;
Amendment 343 #
2015/2041(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Believes, therefore, that preparatory meetings within the Council should be as public as meetings of Parliament’s committepossible, while taking into consideration reasonable need for confidentiality during the negotiations between Member States;
Amendment 347 #
2015/2041(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 354 #
2015/2041(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
Amendment 356 #
2015/2041(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 370 #
2015/2041(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Takes the view that Members should have the right to request access to all Commission documents, where necessary under exceptional circumstancesich relate to any of the Parliament’s competences, where necessary through a reading room;
Amendment 387 #
2015/2041(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. RecognisWelcomes the progress made in the transparency of trade negotiations, but insists that these advances with respect to TTIP must be extended to all trade negotiation and the Commission's efforts to ensure greater openness; recognises that TTIP negotiations procedure is now among the most transparent public international negotiations ever; understands at the same time that a degree of confidentiality in the process of negotiations is often necessary for their success;
Amendment 415 #
2015/2041(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Believes that decisions taken or prepared in the Eurogroup, in the Economic and Financial Committee, ‘"informal’" Ecofin Council meetings and Euro summits must becomehave to be as transparent and accountas possible, fincluding through the publication of their minutesa right balance between desirable transparency and necessary data protection;
Amendment 424 #
2015/2041(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. RAcknowledges that whistleblowers can play a considerable role in the fight against corruption and welcomes the progress in their protection achieved so far; regrets the Ombudsman’s finding that most EU institutions have not yet properly implemented rules to protect whistleblowers; points out that to date only the Commission, the Ombudsman and the Court of Auditors have adopted such rules;
Amendment 429 #
2015/2041(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Asks the Commission to apply strictly the measures pertaining to discretion and exclusion in respect of public procurement, with proper background checks being carried out in every instance, and to apply the exclusion criteria in order to debar companies in the event of any conflict of interest, this being essential to protect the credibility of the institutions;
Amendment 462 #
2015/2041(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
Amendment 55 #
2015/2035(INL)
Motion for a resolution
Recital M
Recital M
Amendment 81 #
2015/2035(INL)
Motion for a resolution
Recital Q
Recital Q
Amendment 140 #
2015/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 172 #
2015/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 196 #
2015/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 113 #
2015/2002(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the importance and timeliness of the review of the ENP; emphasises that the revised ENP should be able to provide a quick and adequate response to the situation on the ground, while also putting forward a long-term vision for developing relations with the neighbouring countries; reiterates that flexibility and reactivity should not compromise predictability and the continuity of European support;
Amendment 183 #
2015/2002(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges that short-, medium- and long- term priorities and strategic objectives be defined, bearing in mind that the ENP should aim to create different levels ofpromote cooperation in different areas among and with the ENP countries; stresses that in defining its approach the EU should look at its priorities and those of the individual countries concerned, together with their level of development, considering the interests of society on the whole and not only those of the political elite;
Amendment 246 #
2015/2002(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the mid-term review of the external financial instruments should take into account the review of the revised policy, and that the ENI should therefore reflect the ambition of making the ENP more flexible; notes that this review must, however, take into account interests and needs of EU and partners, commitment to reform of partners, the level of ambition of the relationship, and challenges and geopolitical environment;
Amendment 252 #
2015/2002(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need to reshape the ENP in order to build strong, strategic, lasting partnerships with the ENP countries; calls for the technical aspects of the policy to be underpinned by a clear political vision;
Amendment 262 #
2015/2002(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the ENP should deploy its own methodology and tools, which to develop stronger and more strategic relations to better correspond to the level of ambition and goals that the different ENP countries aspire to in their relations with the EUnd EU seek to achieve;
Amendment 289 #
2015/2002(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that enlargement and neighbourhood policies are separate policies with different objectives; reiterates, however, that European countries within the ENP can apply for membership if they satisfy the criteria and conditions of admissiothis should not be interpreted, in any way, as a prejudgement of the ability for applying for membership, as foreseen under Article 49 TEU;
Amendment 362 #
2015/2002(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the ENP to be developed into a more tailor-made and flexible policy framework able to adapt to the diversity that exists; underlines that differentiation should not take place not only between Eastern and Southern partners but also among the ENP countries themselves;
Amendment 391 #
2015/2002(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that the EU should invite non-association partner countries to engage in sectorial cooperation in line with an ‘ENP Plus' model, including the possibility of concluding sectorial agreements that would facilitate the integration of non-association partner countries into specific sectorial parts of the single area of the four basic freedoms of the EU;
Amendment 570 #
2015/2002(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses the importance of free movement of people, and supports enhancing mobility within the neighbourhood, in a secure and well managed environment, through visa facilitation and visa liberalisation within the neighbourhood, particularly for students, young people and researchers; calls on the Commission, in cooperation with the Member States, to further enhance mobility partnerships within the neighbourhood and develop possibilities for circular migration schemes, which would encourage and reward regular migrants;
Amendment 597 #
2015/2002(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that high unemployment, social exclusion and poverty, combined with the low political participation of civil societies and specially of women, are root causes of instability, and demands a strong engagement within the ENP, much beyond the Deep and Comprehensive Free Trade Areas (DCFTAs);
Amendment 611 #
2015/2002(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to explore and offer to the ENP countries different levels of participationthe possibilities of participation on a case by case basis, cooperation and engagement in its policies, programmes and agencies, such as in EUROPOL, customs management and the Energy Community;
Amendment 4 #
2014/2252(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the principle of subsidiarity, as laid down in the Treaties, allows the Union, in areas which do not fall within its exclusive competence, to act only ‘if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level’, but can rather, ‘by reason of the scale or effects of the proposed action’, be ‘better achieved at Union level’; points out that subsidiarity, a neutral legal principle related to the concept of optimum level of action, can serve either, when the circumstances so require, to extend Union activities, albeit without exceeding its powers, or, conversely, to restrict or halt Union action when it is no longer justified;
Amendment 9 #
2014/2252(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the noteworthy growth in information exchanged by national parliaments through the IPEX system, and welcomnotes the increase in the number of reasoned opinions issued by national parliaments (+ 9% in 2012, + 25% in 2013), insisting that the influence of; welcomes the closer involvement of the national parliaments onin the European law should grow, especially as many national chambers express negative opinions on particular actsegislative process, particularly as regards scrutinising legislative proposals in the light of the principles of subsidiarity and proportionality;
Amendment 12 #
2014/2252(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Maintains that the European institutions have to enable the national parliaments to scrutinise legislative proposals and that the Commission should accordingly provide detailed and comprehensive statements of reasons for its decisions concerning subsidiarity and proportionality;
Amendment 19 #
2014/2252(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that the eight-week period given to national parliaments to issue a reasoned opinion under Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality should be extended significantly to allow national parliaments to participate to a greater extent; encourages national parliaments to become more involved in the European debate;
Amendment 167 #
2014/2249(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the European Union and its Member States are facing unprecedented challenges, such as the refugee crisis, the foreign policy challenges in the immediate neighbourhood and the fight against terrorism, as well as globalisation, climate change, the consequences of the financial and debt crisis, the lack of competitiveness and the social consequences in several Member States, and the need to reinforce the EU internal market, which have so far been inneed to be more adequately addressed;
Amendment 285 #
2014/2249(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 308 #
2014/2249(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Insists on the importance of enhancing the transparency of Council legislative decision-making and, improving the exchange of documents and information between Parliament and the Council and allowing the access of Parliament representatives as observers in meetings of the Council and its bodies in cases of legislation;
Amendment 338 #
2014/2249(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Is determined to strengthen the role of Parliament in the election of the Commission President by reinforcing the formal consultations of its political groups with the European Council President, as foreseen in Declaration 11 annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, in order to ensure that the European Council takes full account of the election results when presenting a candidate for Parliament to elect, as was the case in the 2014 European Elections;
Amendment 562 #
2014/2249(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Reiterates its support for the suggestion to transform the position of Commissioner for Economic and Financial Affairs into a TreasuryFinance Minister, as made in its resolution of 12 December 2013 on constitutional problems of a multitier governance in the European Union6 ; __________________ 6 Texts adopted, P7_TA(2013)0598. Texts adopted, P7_TA(2013)0598.
Amendment 599 #
2014/2249(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Calls for the rapid completion of a Banking Union based on a single supervision mechanism (SSM) and, a single resolution mechanism (SRM) and an European deposit insurance scheme (EDIS), and sustained by an adequate backstop; calls, to this end, for a swift agreement on an adequate bridge financing mechanism until the Single Resolution Fund becomes operational and a European Insolvency Scheme is created;
Amendment 34 #
2014/2248(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the ‘polymultiple crisis’es currently faced by the Union, including its financial, economic, social and migratory consequences, have all led to the rejection by a growing part of the population of the current as well as the rising of populist parties and nationalist movements, have all led to a decrease of trust in the European Uninstitutions;
Amendment 39 #
2014/2248(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas these significant European challenges cannot be handled by single Member States, but only by a joint response from the European Union;
Amendment 50 #
2014/2248(INI)
Motion for a resolution
Recital B
Recital B
B. whereas progress towards a Union that can really deliver on and achieve its goals are impaired by a failure of governance owing to a continuous and systematic search for unanimity in the Council (which is still based on the so- called Luxembourg Compromise) and the lack of a credible single executive authority enjoying full democratic legitimacy and competence to take effective action across a wide spectrum of policies; whereas recent examples such as the uncontrolled migration flow, the slow clean-up of our banks after the outbreak of the financial crisis and the lack of an immediate common response to the internal and external threat of terrorism have aptly demonstrated the Union’s incapacability to respond effectively and quickly;
Amendment 69 #
2014/2248(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, instead of fostering the Union, the system whereby Member States make progress at different speeds in accordance with their different capacities and circumstances, further reinforced in the Lisbon Treaty, which introduced new formal methods of enhanced cooperation, has increased the complexity of the Union and accentuated its ‘variable geometry’; whereas more and more Member States are declining to agree on the goals and prefer ‘à la carte’ solutions, some of them even unilaterallyresort to ‘à la carte’ solutions, further reinforced in the Lisbon Treaty, has increased the complexity of the Union and accentuated its ‘variable geometry’;
Amendment 81 #
2014/2248(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the community method must be preserved and not be undermined by intergovernmental solutions, not even in areas where not all Member States fulfil the conditions for participation;
Amendment 109 #
2014/2248(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, last but not least, thisa ‘variable geometry’ would endangers the uniform application of EU law, would leads to excessive complexity in terms of governance, would jeopardises the cohesion of the Union and undermines solidarity among its citizens;
Amendment 129 #
2014/2248(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, while Article 16 of the TSCG provides that within five years of the date of entry into force (before 1 January 2018) the necessary steps must have been taken to incorporate the Fiscal Compact into the legal framework of the Union, it is clear that the resilience of the euro area, including the completion of the banking union, cannot be achieved without further fiscal deepening steps together with the establishment of a more reliable, effective and democratic form of governance; whereas this will complete the current Stability and Growth Pact, which, ever since it came into existence, even after its reform by the so-called six-pack and two-pack, has never been applied for any obvious political reasons;
Amendment 145 #
2014/2248(INI)
Motion for a resolution
Recital J
Recital J
J. whereas this new system of governance implies a genuine government equipped to formulate and implement the common monetary, fiscal and macro- economic policies that the euro area desperately needsneeds; considering this government must be accountable to the European Parliament and must be endowed with a tn European Treasury and a budget commensurate with the scale of the tasks at hand; whereas this requires, in addition to measures within the existing primary law, a reform of the Lisbon Treaty;
Amendment 164 #
2014/2248(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the European Union is a constitutional system based on the rule of law; whereas the Treaties mustshould be changed to give the European Court of Justice (ECJ) jurisdiction over all aspects of EU law, in particular common foreign and security policy (Article 24(1) TEU) and monetary and economic policy (Article 126(10) TFEU)accordance with the principle of separation of powers;
Amendment 194 #
2014/2248(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the decline of Europe’s defence capabilities has limited its ability to project stability beyond our immediate borders; whereas this goes hand in hande defence policy in the EU as a pillar within the reluctance of our US allies to intervene if Europe is not ready to take its fair share of responsibility; whereas this leads inevitably to the need forNATO should be strengthened and a comprehensive EU- NATO political and military partnership should be established, while enabling the Union to act autonomously in operations abroad, mainly with a view to establishing its neighbourhood; reiterates in this regard that EU-NATO relations should be based on complementarity and cooperation at all levels, with a view to addressing common security challenges, capacity development and contingency planning for hybrid threats; whereas more intense cooperation among the Member States and anis needed as well as the integration of some of their defence capacities into a European defence community, both in line with a new European security strategy;
Amendment 220 #
2014/2248(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas clarifications are still needed as regards the European elections and on the matter of who leads the Union; whereas, despite the outcome of the 2014 European parliamentary elections having for the first time led directly to the nomination of the candidate for President of the Commission, a clear direct democratic link is still lacking, although the European Council has agreed to review the ‘Spitzenkandidat’ process in time for 201918 ; whereas, moreover, there is still confusion – not least among third partiecitizens – about the interrelationship of the Presidents of the Commission and the European Council; __________________ 18 EUCO conclusions of 27 June 2014.
Amendment 236 #
2014/2248(INI)
Motion for a resolution
Recital R
Recital R
R. whereas, finally, the urgency for reform of the Union has been dramatically increased by the United Kingdom’s decision, through a referendum, to leave the European Union; whereas it is crystal clearobvious that the negotiations to set out the arrangements for the UK’s withdrawal also need to take account of the framework for its future relationship with the Union; whereas this agreement must be negotiated in accordance with Article 218(3) TFEU and be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament;
Amendment 249 #
2014/2248(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the UK’s decision creates an opportunity to reduce and drastically simplify the ‘variable geometry’ and complexity of the Union; whereas it offers at least the opportunity to, by clarifying what membership of the Union really means and what could be a clear structure in the future fframework the EU’s relationship with non- members in our periphery (the United Kingdom, Norway, Turkey, Ukraine, etc.); whereas the founding fathers of the Union had already envisaged a type of ‘associate status’o be developed in order to build a ring of partners around the EU for countries who cannot yet or will not join the Union;
Amendment 267 #
2014/2248(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the time of crisis management by means of ad hoc and incremental decisionbefore engaging in proposals for radical reforms thas passed, as it only leads to measures that are too little, too late; is convinced that it is now time to address the shortcomings of the governance of the European Union by undertaking a comprehensive, in-depth reform of the Lisbon Treatyt would require amendments to the current Treaties, the provisions of the Lisbon Treaty should be exploited to their full potential in the first place;
Amendment 286 #
2014/2248(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the direction of the Union’s reform should lead towards its modernisation by establishing new effective European capacities and instruments, in the long term, rather than its renationalisation by means of greater intergovernmentalism;
Amendment 323 #
2014/2248(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that a comprehensive democrapolitical reflection on the reform of the Treaties can and must only be achieved through a Convention, which guarantees inclusiveness through its composition of representatives of national parliaments, governments of allshould be envisaged ahead of the 60th anniversary of the EU’s founding Rome Treaty in order to achieve a comprehensive set of proposals for those Member States, the Commissat want to continue with deeper integration; and the European Parliament, and also provides the proper platform for such reflection and engagement with European citizenscknowledges however that EU’s future architecture shall be approved at an European Convention, as the next step from the Lisbon Treaty towards a renewed constitutional framework;
Amendment 354 #
2014/2248(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the ‘Union method’ is the only method for legislating which ensures that all interests, especially the common European interest, are taken into account; understands by ‘Union method’ thate legislative procedure in which the Commission as the executive initiates legislation, the Parliament and the Council representing respectively the citizens and the states decide by majority voting, while unanimity obligations become the absolute exceptions, and the Court of Justice oversees and provides ultimate judicial control;
Amendment 402 #
2014/2248(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends that, instead of these multiple derogations, a type of ‘associaten instrument or even a status’ c should be proposed to those states in the periphery that only want to participate on the sideline, i.e. in some specific Union policies; this statudeveloped in order to set up a ring of partners around the EU for countries swhould be accompanied by obligations corresponding to the associated rights cannot yet or will not join the Union;
Amendment 408 #
2014/2248(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Considers that the possibility of differentiated integration should be left open for all Member States, if they are able and willing to advance with the Union’s common objectives; notes, however, that such differentiated integration should only vary in its timescale, so as to ensure a clear and uniform implementation of the Treaties;
Amendment 409 #
2014/2248(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. The single institutional framework should be preserved and any form of flexibility should aim to achieve the Union’s common objectives, without undermining the principle of equality of all citizens and Member States;
Amendment 414 #
2014/2248(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that thise new type of ‘associateinstrument or status’ could also be one of the possible outcomes to respect the will of the majority of the citizens of the United Kingdom to leave the EU; stresses that this wish must be respected, given that the withdrawal of the United Kingdom, as one of the larger Member States, and as the largest non-euro-area member, affects the strength and the institutional balance of the Union – a new situation that adds to the need for revision of the Treaties;
Amendment 480 #
2014/2248(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that neitherthe framework for economic governance provided by the Stability and Growth Pact norand the ‘no bail- out’ clause (Article 125 TFEU) provide the intended solutions, and that they have furthermore lost credibility in their current form, as the pact has been infringed by several Member States without political or legal consequences, while Greece has been bailed out on a large scale on three occashould be developed in order to ensure a truthful and comprehensive implementation of their provisions;
Amendment 498 #
2014/2248(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Acknowledges the improvements brought by the European Semester, the six- pack and the two-pack aimed at addressing these issues, but concludes that they have not solved the problems; believes, moreover, that they have contributed to making the system overly complex, are not binding with regard to country-specific recommendations and do not cover spill- over effects between one Member State and another, or to the euro area or the EU as a wholeelieves that those laws need to be applied and enforced more consistently;
Amendment 522 #
2014/2248(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is acutely aware of the need to review the efficacy of the many recent crisis-management measures taken by the EU, and to codify in primary law certain decision-making procedures – such as ‘reverse qualified majority voting’ – as well as the need to entrench the legal bases of the new regulatory framework for the financial sector; agrees with the Five Presidents’ Report that the ‘open method of coordination’ as the basis for Europe’s economic strategy does not function and needs to be elevated into binding legal actsEurope’s economic strategy needs to be better coordinated;
Amendment 535 #
2014/2248(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Proposes therefore merging the deficit and debt procedures, the macroeconomic imbalance procedure and the country-specific recommendations into a singlea ‘convergence code’ of a legally binding nature,; setting minimum and maximum standards, where onlyuggests that compliance with this code would allow access to EU funds for investment projects or participation in new instruments that combine economic reform with fiscal incentives such as a fiscal capacity for the euro area or a common debt instrument; the coordination of economic policies as provided for in Article 5 TFEU would therefore become a ‘shared competence’ between the Union and the Member Statesthe Structural Reform Support Programme;
Amendment 559 #
2014/2248(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that, in order to reduce the still excessively high debt burden of Member States, such a common debt instrument needs to be established, inspired by the proposal by the German Council of Economic Experts of 9 November 2011, whereby eEuro-area mzone Members would undertake joint and several liability for a sinking fund, with strong individual commitments on structural reforms to reduce the debt-to-GDP ratio to the required maximum of 60 %; insists that euro-area mthe Eurozone Members would only be able to participate when they are in compliance with the convergence code, as this will prevent moral hazard;
Amendment 569 #
2014/2248(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 613 #
2014/2248(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is of the opinion that, in order to increase financial stability, mitigate cross- border asymmetric shocks and reduce the effects of recession, the eEuro areazone needs a fiscal capacity based on genuine own resources and a proper treasury facilitn European Treasury equipped with a capacthe ability to borrow; notes that this tTreasury mustshould be based in the Commission and be subject to democratic scrutiny and accountability through the Parliament and the Council;
Amendment 643 #
2014/2248(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls, therefore, for the executive authority to be concentrated in the Commission in the role of an EU Finance Minister, by endowing the Commission with the capacity to formulate and give effect to a common EU economic policy combining macro-economic, fiscal and monetary instruments, backed up by a euro-area budgetn Eurozone fiscal capacity; the Finance Minister should be responsible for the operation of the ESM and other mutualised fundinstruments, and be the single external representative of the euro area in international organisations, especially in the financial sector;
Amendment 655 #
2014/2248(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers it necessary to endow the Finance Minister with proportionate powers to intervene in the setting of national economic and fiscal policies in cases where the convergence code is not respected, and the power to use the fiscal capacity or the common bond instrument for those Member States that arorder to ensure the compliantce with the convergence code;
Amendment 676 #
2014/2248(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers it nrecessaryommendable, in the long term, to endow the European Central Bank with the status of lender of last resort enjoying the full powers of a federal reserve bankand with the competences of a federal reserve bank, provided that its independence is fully granted;
Amendment 686 #
2014/2248(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 692 #
2014/2248(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 727 #
2014/2248(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recognises the geopolitical, economic and environmental need for the creation of a genuine European energy union; notes that this willmay require the removal of the constraint that EU policy must not affect a state’s right to determine the conditions for exploiting its energy sources, its choice between different energy sources and the general structure of its energy supply (Article 194(2) TFEU);
Amendment 774 #
2014/2248(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Notes that only by enhancing the Common Foreign and Security Policy can the EU bring credible answers to the new security threats and challenges, fighting terrorism, bringing peace, stability and order to its neighbourhood;
Amendment 786 #
2014/2248(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Is of the opinion, while reiterating that more progress could and should be made under the terms of the Lisbon Treaty, including as regards use of the provisions to act by qualified majority voting, that the Vice-President / High Representative should be named EU Foreign Minister and be supported in her efforts to become the main external representative of the European Union in international fora, not least at the level of the UN; considers it essential that, owing to the broad and heavy workload, the Foreign Minister shcould be able to appoint political deputies; proposes a review of the functionality of the current European External Action Service;
Amendment 792 #
2014/2248(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses that for the Union to strengthen its own capacity for the defence of the EU territory, as a pillar within NATO, which remains the cornerstlso in view of a rebalance within the EU-NATO strategic partnership, as well as for efficiency and a desirable reductione of the European security architecture and to enable the Union to act autonomously in operations abroad, mainly with a view to stabilising its neighbourhoodmilitary expenses of individual Member States (deriving from the savings achievable through joint projects and economies of scale), and to enable the Union to act autonomously in operations abroad, mainly with a view to conducting conflict prevention operations and peacekeeping in its neighbourhood, in compliance with the principles of the United Nations, the Treaties should provide for the possibility of establishing a European defence union;
Amendment 862 #
2014/2248(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Reiterates its call for the size of the renewed Commission to be reduced substantially and for its vice-presidents to be reduced to two: the Finance Minister and the Foreign Minister; suggests that the same reduction be applied to the Court of Auditors;
Amendment 877 #
2014/2248(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Welcomes the successful new procedure whereby European political parties promote their toplead candidates for the President of the European executive, but believes that they should be able to stand during the next elections as official candidates in all Member States; proposes, therefore, following its legislative proposal on the reform of the electoral law of the European Union, empowering the electorate by giving them two votes, one for the national or regional lists and a secelected by the European Parliament on a proposal by the European Council; suggests the integrationd one for the European party lists; these European lists will be headed by the parties’ nominees to become President of the European executive or government and will be composed of candidates drawn from at least one third of the Member Statesf the ‘Spitzenkandidat procedure’ into the Union’s legal framework;
Amendment 893 #
2014/2248(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 916 #
2014/2248(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Notes that, despite the prohibition in Article 15(1) T the EU needs further transparent parliamentarisation, and calls for an enhanced parliamentary democracy within the EU, withe European Council has undertaken various legislative initiatives; proposes abolishing Article 15(1) and integratParliament and Council acting as the two chambers of the Legislative Branch; stresses that the Council has to change its statute in accordance with the following: the European Council into a Council of Staspecialised Council configurations should be grantesd that could engage legitimately in the law- making process and provide direction and coherence to the other specialised Council configurationse status of committees of the Council; the Council, acting as a legislator and as a plenary of all committees, should meet in public;
Amendment 922 #
2014/2248(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Considers that this Council and its specialised configurations, as the second chamber of the EU legislature, should, in the interest of specialism, professionalism and continuity, replace the practice of the rotating six-month presidency with a system of permanent chairs chosen from their midst; suggests that the idea of creating a special Law Council should be favourably reconsidered;
Amendment 972 #
2014/2248(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46a Considers it necessary, in view of the full respect for democratic principles that are the foundation of the Union and for the constitutional traditions common to the Member States that comprise it, the insertion in the Treaty, of the possibility for a Member State to withdraw membership from the Euro zone, through a process assisted by the ECB and the European Commission acting as much in the interests of the withdrawing State as in those of the remaining members from the risk of speculative attacks and economic shocks, especially during the transition period;
Amendment 975 #
2014/2248(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Albeit respecting the role of national parliaments and the principle of subsidiarity, acknowledges the EU’s exclusive competences on Common Commercial Policy; calls for a clear delimitation of competences between the Union and the Member States in this respect; notes that this delimitation would have positive effects on jobs and growth both in the EU and in its trading partners;
Amendment 1018 #
2014/2248(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Believes, finally, that the current Treaty ratification procedure is too rigid to befit such a supranational polity as the European Union; proposes allowing amendments to the Treaties to come into force if not by an EU-wide referendum then after being ratified by a qualified majority of four-fifths of the Member States, having obtained the consent of the Parliament; correspondingly, once this threshold has been met, Member States which still decline to ratify the amended Treaty should decide, in accordance with their own constitutional requirements, whether to start the process of secession or to opt for an associate status;
Amendment 1038 #
2014/2248(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Is of the opinion that the upcoming 60th anniversary of the Treaty of Rome would be an appropriate moment to modernise the European Unlaunch the reflection andon to start a Convention withthe future of Europe and agree on a vision for the pcurpose of making the European Union ready for the decades aheadrent and future generations of European citizens;
Amendment 25 #
2014/2228(INI)
Draft opinion
Paragraph 1.- Point (d) - Subpoint (ii.)
Paragraph 1.- Point (d) - Subpoint (ii.)
ii.) while the investor-state dispute settlement (ISDS) is an appropriate tool to protect investors and assure that investments are treated in a fair and non- discriminatory way, to oversee that it does not undermine the capacity of the European, nat Union and national, regional and local authorities to legislate their own policies, in particular social and, environmental, health and consumer protection policies, and therefore respect the constitutional framework of the Member States;
Amendment 27 #
2014/2228(INI)
Draft opinion
Paragraph 1. - Point (d) - Subpoint (ii.) a (novo)
Paragraph 1. - Point (d) - Subpoint (ii.) a (novo)
(ii.)a Establish a transparent dispute settlement mechanism between investors and the State, to ensure the independence and impartiality of arbitrators, and the consistency of the decisions taken, in particular by the introduction of a binding code of conduct for arbitrators, which includes rules to prevent conflicts of interest, the establishment of a permanent arbitration tribunal and the provision of an appeals mechanism for arbitration decisions;
Amendment 202 #
2014/2228(INI)
Motion for a resolution
Recital I
Recital I
I. whereas President Juncker has also clearly stated in his Political Guidelines that he will not accept that the jurisdiction of courts in the Member States is limited by special regimes for investor disputes, but that it should be noted that investors encounter problems to which national judicial systems are not always capable of responding effectively, not least because the rights granted to investors within the scope of international trade agreements are not directly enforceable in North American courts; whereas now that the results of the public consultation on investment protection and ISDS in the TTIP are available, a reflection process – taking account of critical and constructive contributions – is needed within and between the three European institutions on the best way to achieve investment protection and equal treatment of investorsway the dispute resolution mechanism between investors and States should be configured in order to achieve the correct balance between investment protection and equal treatment of investors and protection of the right of the EU and its Member States to legislate;
Amendment 322 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point ii
Paragraph 1 – point b – point ii
(ii) to aim at the elimination of all duty tariffs, as well as the elimination and/or reduction of non-tariff barriers, while respecting sensitive products on both sides;
Amendment 336 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iii
Paragraph 1 – point b – point iii
(iii) to keep in mind that there are important offensive interests for the EU in the services sector, for instance in the areas of engineering, telecommunications and transport services, as well as in the area of mobility, and that it is important to help service providers gain access to the US market;
Amendment 348 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iii a (new)
Paragraph 1 – point b – point iii a (new)
(iiia) promote the mutual recognition of professional qualifications;
Amendment 760 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xiv
Paragraph 1 – point d – point xiv
(xiv) to ensure that foreign investors are treated in a non-discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, which can be achieved withoutby means of the inclusion of an transparent ISDS mechanism; such a mechanism is not necessary in TTIP given the EU’s and the US’ developed legal systems; a state-to- state dispute settlement system and the use of national courts are the most appropriate tools to address investment dispute, which does not compromise or unduly limit the right of the European Union and/or of its Member States to legislate in the public interest in areas like health, security, consumer defence or the environment; such a mechanism must ensure the independence and impartiality of arbitrators, as well as the consistency of decisions adopted, specifically by introducing a binding code of conduct for arbitrators including rules to prevent conflicts of interest, the establishment of a permanent arbitral tribunal and the existence of an appeals mechanism against arbitral decisions;
Amendment 4 #
2013/2277(INI)
Draft opinion
Recital B
Recital B
B. whereas the conditions for financial assistance are jointly agreed between relevant EU institutions, the ESM and the IMF, but the final decision is always taken by the ESM board, according to a MoU previously negotiated with the Member State concerned;
Amendment 6 #
2013/2277(INI)
Draft opinion
Recital Ba (new)
Recital Ba (new)
Ba. whereas the Troika was an ad-hoc solution adopted under considerable time pressure in an emergency context arising from the economic crisis, to support countries in greatest difficulties, to avoid a disorderly default and the contagion of the crisis to other Member States, to stop speculation on sovereign debt, and to prevent the melt-down of the euro area;
Amendment 8 #
2013/2277(INI)
Draft opinion
Recital C
Recital C
C. whereas the MemorandumoU signed by euro area countries seeking financial assistance affects fundamental rights and the social situation of those countries, buhave negative impacts on citizens' social rights, being, in this context, of the utmost importance to ensure that the development and implementation of actionthe financial assistance programmes are not subject to democratic scrutinyan appropriate democratic accountability both at European and national level;
Amendment 12 #
2013/2277(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes the view that the current situation is damaging the imageTroika was justified as a backup and emergency solution to save euro area project and its countries economic and financial solidity, but, from now on, a permanent approach and mechanism focused ofn the European Unobjectives of sustainable growth and financial stability, should exist to prevent and deal with similar situations; calls for a Treaty change in order to create a single financial assistance instrument within the Community framework for all EU Member States;
Amendment 14 #
2013/2277(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the troika was a solution that was adopted under enormous time pressure, in the context of an emergency marked by the need to support those countries facing the greatest difficulties and avoid the breakup of the single currency;
Amendment 15 #
2013/2277(INI)
Draft opinion
Paragraph 1a (new)
Paragraph 1a (new)
1a. Considers that the current analysis of the Troika work on Programme Member States should be used as an important source of information to get lessons from the past and adopt new approaches on the new mechanisms that should be created to prevent high level of corrective costs on European economies in the future;
Amendment 18 #
2013/2277(INI)
Draft opinion
Paragraph 1b (new)
Paragraph 1b (new)
1b. Notes that, while the MoU negotiations and the Troika's mandate have been perceived as lacking some transparency, the national voters of the programme countries had the opportunity to express their approval to the general lines of the adjustment programmes;
Amendment 21 #
2013/2277(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that European institutions involved in decisions regarding financial assistance to EU Member States must be accountable to the European Parliament and that relevant decisions must be voted on by the European Parliament; takes the view that, where necessary,such accountability requires them to be heard in the European Parliament before taking up its duties and to be subject to regular reporting to and regular scrutiny by the European Parliament; underlines the need to ensure democratic accountability of the Troika at national level and takes the view that national parliaments should be involved in the economic dialogueprocess;
Amendment 31 #
2013/2277(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that some ofattention should be given to alleviating the negative impact of adjustment strategies in the programme countries and that the conditionalities set by the Troika violate certainhave to respect fundamental rights. and should aim to contribute to the improvement of citizens' quality of life;
Amendment 33 #
2013/2277(INI)
Draft opinion
Paragraph 5a (new)
Paragraph 5a (new)
5a. Calls for all decisions related to the Economic and Monetary Union to be taken within the framework of the Treaties on which the European Union is founded, since any departure from the Community method and increased use of intergovernmental agreements would divide and weaken the Union.
Amendment 104 #
2013/2277(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the economic situation and recent developments in some Member States have compromised the quality ofcrisis and subsequent developments in the economic situation in some Member States have affected employment, and social protection stand health and safety standardards in various respects;
Amendment 131 #
2013/2277(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas, despite the alleged lack of transparency which suggests that some pressure was brought to bear on the bailed-out Member States during the negotiations to accept more stringent measures, it should be pointed out that voters in those countries had an opportunity to express their views while being aware of the broad lines of the adjustment programmes;
Amendment 138 #
2013/2277(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the programmes were in the short run primarily meant to avoid a disorderly default and stop speculation on sovereign debt; whereas the medium term aim was to ensure that the money that was lent would be reimbursed, thus avoiding a large financial loss that would rest on the shoulders of the taxpayers of the countries which are providing the assistance and guaranteeing the funds; whereas this also requires the programme to deliver sustainable growth and effective debt reduction in the medium and long term; whereas the programmes were not suited to comprehensively correcting macroeconomic imbalances which had accumulated sometimes over decades;
Amendment 152 #
2013/2277(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the short-term objectives of the troika intervention have been achieved but we must now focus on a long-term vision and solutions, geared to the targets of sustainable growth, debt reduction and the correction of accumulated macroeconomic imbalances;
Amendment 204 #
2013/2277(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that, at the beginning of the EU- IMF assistance programme, the Portuguese economy had suffered from low GDP and productivity growth for a number of years, and that this lack of growth, combined with the impact of the global financial crisis, had resulted in a largeincreasingly high levels of fiscal deficit and a high debt levelpublic debt, driving up Portugal’s refinancing costs in capital markets to unsustainable levels; notes in this context that in 2007 Portugal’s growth rate reached 2.4%, its fiscal deficit 3.1%, its debt level 62.7% and its current account deficit 10.2% of GDP, with the unemployment rate standing at 8.1%;
Amendment 213 #
2013/2277(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes in this context that in 2007 Portugal’s growth rate reached 2.4%, its fiscal deficit 3.1%, its debt level 62.7% and its current account deficit 10.2% of GDP, with the unemployment rate standing at 8.1%; notes that in 2011, when assistance was requested, the growth rate stood at -2.2%, fiscal deficit had reached 5.9%, the debt level 101.7% and the current account deficit 12.7% of GDP, with the unemployment rate standing at 12.2%;
Amendment 214 #
2013/2277(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that the economic data used by the Portuguese Government responsible for the negotiations with the troika were subsequently revised downwards, which worsened the results and the impact of the ongoing economic measures, leading to a sharp rise in the social and economic costs of implementing the corresponding adjustment programme;
Amendment 215 #
2013/2277(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Points out, further, that financial intervention in Portugal came at a late stage, which has exacerbated the negative consequences of the programme's implementation;
Amendment 248 #
2013/2277(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the initial agreement between the Portuguese authorities on the one side and the EU and IMF on the other was adopted on 17 May 2011 in the relevant MoUs containing the policy conditionality for EU-IMF financial assistance; further notes that the Portuguese programme has since been reviewed regularly, leading to the combined eighth and ninth quarterly reviews of Portugal’s economic adjustment programme, which suggest a successful conclusion to the Portuguese programme;
Amendment 268 #
2013/2277(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the unpreparedness ofNotes that the EU and international institutions, including the IMF, were not prepared for a sovereign debt crisis of a large magnitude inside a monetary union, which was also due to the unique nature of the immense challenge the Troika faced and which led to the crisis, as a result of the poor state of regulation of financial services, large macroeconomic imbalances, and the fact that a number of instruments such as external devaluation were not available due to the constraints of monetary union; notes, moreover, that time was running out, legal obstacles had to be cleared, fear of a melt-down of the euro area was palpable, political agreements had to be reached, the world economy was in a downturn, and a number of countries which were intended to contribute financial support had seen their own public and private debt increase in alarming ways;
Amendment 285 #
2013/2277(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 333 #
2013/2277(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores that recommendations contained in MoUs mark a departure from the thinking initiated by the Lisbon strategy and the Europe 2020 strategies); points out however that this can be partly explained, even if not fully justified, by the fact that programmes had to be implemented under considerable time pressure, in a difficult political environment and in unexpected and extremely adverse economic conditions;
Amendment 345 #
2013/2277(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. RegretMaintains that the programmes for Greece, Ireland and Portugal comprise a number of detailed prescriptions for health systems reform and expenditure cuts; regrets that the programmes are not bound byconditions imposed under the adjustment programmes must be fully in accordance with the Charter of Fundamental Rights of the European Union and the Treaties, including Art. 168(7) TFEU;
Amendment 446 #
2013/2277(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that adequate economic models are necessary in order to produce credible and efficient adjustment programmes; deplores that adequate statistics and information were not always available; points out that in Greece large- scale fraud was happening in this respect in the years preceding the setting up of the programme; notes that in Portugal, the economic indicators underlying the negotiations and the terms of the MoU were incorrect, a fact which has adversely affected the implementation of the adjustment programme;
Amendment 467 #
2013/2277(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that financial assistance achieved in the short run the avoidance of a disorderly default on sovereign debt that would have had extremely severe economic and social consequences, as well as spill-over effects for other countries of an incalculable magnitude, and possibly the forced exit of countries from the euro area; further notes that there is no guarantee this will be avoided in the long run; also notes that the financial assistance and adjustment programme in Greece have not prevented an orderly default nor contagion of the crisis to other Member States; deplores the economic and social downturn which became evident when the fiscal and macroeconomic corrections were put into place;
Amendment 558 #
2013/2277(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that too littlmore attention haswill have to been given to alleviating the negative impact of adjustment strategies in the programme countries;
Amendment 675 #
2013/2277(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Points to the generally weakinadequate democratic accountability of the Troika in programme countries at national level; notes, however, that this democratic accountability varies between countries, depending on the will of national executive, as far as their broad lines are concerned, the programmes have been scrutinised over the years by the national electorate in the countries receiving assistance and by their parliaments;
Amendment 822 #
2013/2277(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. DemaRecommends that the Troika take stock of the current debate on fiscal multipliers and consider the revision of MoUs on the basis of the latest empirical results;
Amendment 853 #
2013/2277(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Calls on the Commission to compile a study on the social impact of the programmes implemented so as to enable the resulting information to be used for future assistance measures;
Amendment 913 #
2013/2277(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Considers that the analysis of the Troika’s work should be used as a major source of information in order to learn from the past and adjust future approaches as regards the new means that will need to be provided if the high cost of corrective action is, in future, to be averted in European economies;
Amendment 57 #
2013/2185(INI)
Motion for a resolution
Recital P
Recital P
P. whereas, what is more, at the current stage in the integration process, although they do not have a direct legislative role at Union level, the national parliaments have their own special role to play in bolstering ‘European awareness’ in the Member States and bringing citizens closer to the EU;
Amendment 77 #
2013/2185(INI)
Motion for a resolution
Recital T
Recital T
T. whereas this is due in part to the fact that the role of the EU Speakers’ Conference as a political driving force in interparliamentary relations still needs to be more clearly defined and placed on a more formal institutional footing;
Amendment 86 #
2013/2185(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out the two-fold legitimacy of the Union, as a union of peoples and of states, is embodied, in the EU legislative process, by the European Parliament and the Council; believes that, if the Member States are to be represented in a unitary, fully democratic manner in the EU, the stances taken by national governments in the Council must reflect the views of their national parliaments; stresses that, by guiding and scrutinising the work of their governments, national parliaments help to make the Council more democratic;
Amendment 91 #
2013/2185(INI)
Motion for a resolution
Paragraph 3 – point b
Paragraph 3 – point b
Amendment 94 #
2013/2185(INI)
Motion for a resolution
Paragraph 3 – point c
Paragraph 3 – point c
Amendment 122 #
2013/2185(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Highlights the need for the European institutions to make it possible for national parliaments to scrutinise legislative proposals by ensuring that the Commission provides detailed and comprehensive grounds for its legislative initiatives with regard to subsidiarity and proportionality, in accordance with Article 5 of Protocol No 2 to the Treaty on the Functioning of the European Union;
Amendment 123 #
2013/2185(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Notes furthermore in this regard that the current timeframe for national parliaments to carry out subsidiarity and proportionality checks has often been considered insufficient;
Amendment 1 #
2013/2130(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the on-going negotiations to revise the Interinstitutional agreement of 20 November 2002 between the European Parliament and the Council concerning access by the European Parliament to sensitive information of the Council in the field of security and defence policy (OJ C 298, 30.11.2002, p.1);
Amendment 16 #
2013/2130(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas Article 36 of the Treaty on European Union (TEU) provides that the High Representative of the Union for Foreign Affairs and Security Policy (High Representative) shall regularly consult the European Parliament on the main aspects and the basic choices of the common foreign and security policy and the common security and defence policy, and inform it of how these policies evolve. The High Representative is to ensure that the views of the European Parliament are duly taken into consideration;
Amendment 17 #
2013/2130(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the Declaration by the High Representative on Political Accountability[1], made upon the adoption of the EEAS Council Decision, states that the High Representative will review and where necessary propose to adjust the existing[2] provisions on access for Members of the European Parliament to classified documents and information in the field of security and defence policy; [1] OJ C 210, 3.8.2010, p. 1 [2] Interinstitutional agreement of 20 November 2002 between the European Parliament and the Council concerning access by the European Parliament to sensitive information of the Council in the field of security and defence policy (OJ C 298, 30.11.2002, p.1).
Amendment 18 #
2013/2130(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas Article 218(10) of the Treaty on the Functioning of the European Union (TFEU) provides that the European Parliament is to be immediately and fully informed at all stages of the procedure for negotiating and concluding international agreements and that provision also applies to agreements relating to the Common Foreign and Security Policy;
Amendment 91 #
2013/2130(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Underlines, on the basis of article 18 TEU, the HRVP's responsibilities for ensuring consistency of EU´s external action; furthermore underlines that the HRVP, in accordance with article 17 and article 36 TEU, is accountable to, and has treaty obligations towards, the Parliament;
Amendment 93 #
2013/2130(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Demands, in line with Article 218(10) TFEU, that Parliament be immediately, fully and accurately informed at all stages of the procedures for concluding international agreements, including agreements concluded in the area of CFSP, so as to ensure that Parliament can take its final decision with an exhaustive knowledge of the subject matter; emphasises that for this provision to be meaningful relevant committee members should have access to negotiation mandates and other relevant negotiating documents;
Amendment 98 #
2013/2130(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls upon the HRVP to enhance, in line with the Declaration on Political Accountability, a systematic ex-ante consultation with the Parliament on new strategic documents, policy papers and mandates;
Amendment 100 #
2013/2130(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Calls, in line with the commitment made by the HRVP in the Declaration on Political Accountability, for the urgent conclusion of the negotiations for an Inter-Institutional agreement between the European Parliament, the Council and the High Representative of the Union for Foreign Affairs and Security Policy concerning access by the European Parliament to classified information held by the Council and the European External Action Service in the area of the Common Foreign and Security Policy;
Amendment 101 #
2013/2130(INI)
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29c. Reiterates its call for political reporting from Union delegations to key office holders of Parliament under regulated access;
Amendment 102 #
2013/2130(INI)
Motion for a resolution
Paragraph 29 d (new)
Paragraph 29 d (new)
29d. Calls for the adoption of a Quadripartite Memorandum of Understanding between the European Parliament, the Council, the Commission and the EEAS on the coherent and effective provision of information in the area of external relations;
Amendment 3 #
2013/2077(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that, while the economic and financial crises call for better coordination of policies and strengthening of the Union’s powers in a range of domains, it is also essential to maintain a clear understanding of the division of competences in the European Union system of multi-level governance, and to take decisions at the most appropriate level and as close as possible to the citizens;
Amendment 6 #
2013/2077(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates thaStresses that the European institutions must respect the principles of subsidiarity and proportionality, which are enshrined in Article 5 of the Treaty on European Union and Protocol No 2, are of a general and fundamental nature, binding the institutions in their entire activity with the sole exception that; Notes that, according to Article 5 of the Treaty on European Union the principle of subsidiarity does notonly applyies in those rare areas which fall withinareas outside the exclusive competence of the Union;
Amendment 8 #
2013/2077(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Suggests assessing whether appropriate criteria should be laid down, at EU level, for evaluating compliance with the principles of subsidiarity and proportionality;
Amendment 10 #
2013/2077(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes the crucial importance of impact assessments as tools for aiding decision-making in the legislative process and stresses the need, in this context, for proper consideration to be given to issues relating to subsidiarity and proportionality;
Amendment 12 #
2013/2077(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the fact that the Member States’ parliamentscloser participation of national parliaments in the framework of the European legislative process and the fact that they are showing an ever greater interest in the proper application of these principles by the institutions of the Union. This is illustrated by the fact that in 2011 the European Parliament received 77523 contributions, of which only 77 were reasoned opinions claiming that a draft legislative act did not comply with the principle of subsidiarity, and 523 other contributions criticising inter alia non- respect of the principle of proportionality, whereas the respective figures for 2010 were 41299 and 29941;
Amendment 17 #
2013/2077(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights that the principle of subsidiarity constitutes a political guideline on the exercise of powers at Union level; regrets that there is thus no possibility for the principle to be enforced by a court within that systemCourt of Justice, in accordance with Article 263 TFEU, is competent to review the legality of legislative acts, as regards compliance with the principle of subsidiarity;
Amendment 19 #
2013/2077(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out, on the other hand, that the Court of Justice of the European Union, by virtue of the Treaties, has jurisdiction in actions brought on grounds of ‘infringement of the Treaties or of any rule of law relating to their application’, and that pursuant to the Treaty on European Union the principles of subsidiarity and proportionality belong to these rules; notes that the judicial review of the validity of Union acts does therefore extend to compliance with these principles;
Amendment 21 #
2013/2077(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises, however, that wthen it comes to scrutinising this compliance with regard to complex economic situations, the Court of Justice limits its review of the reasons given for the action to those set out Court of Justice, in its judgment of 12 May 2011 in case C- 176/09 Luxembourg v European Parliament and Council, states that the principle of proportionality ‘requires that measures implemented through provisions of European Union law be appropriate for attaining the recitals and the explanatory statement of the act concerned, considering that the lawfulness of a measure adopted in this context can only be affected if the measure is manifestly inappropriate with respect to the objective which the competent institutions are seeking to pursuelegitimate objectives pursued by the legislation at issue and must not go beyond what is necessary to achieve them’ and that ‘in the fields in which the European Union legislature has a broad legislative power’ the lawfulness of a measure adopted in this context can only be affected if the measure is manifestly inappropriate with respect to the objective which the competent institutions are seeking to pursue, although the European legislator must nonetheless ‘base its choice on objective criteria’ and, when assessing the burdens associated with various possible measures, ‘examine whether objectives pursued by the measure chosen are such as to justify even substantial negative economic consequences for certain operators’;
Amendment 23 #
2013/2077(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Observes that the subsidiarity principle as formulated in the Treaties permits Union action in areas which do not fall within its exclusive competence only ‘if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level’, which means that the ‘subsidiarity check’ to a certain degree also implies a ‘proportionality check’ highlighting the functional complementarity of the two principles; takes the view that subsidiarity, as an objective legal principle associated with the concept of optimum level of action, may lead both to an extension of the activities of the Union within the framework of its powers, when circumstances so require, and, conversely, to the action concerned being restricted or curtailed where it is no longer justified;
Amendment 26 #
2013/2077(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. RegretNotes that the Commission received only a small number of parliamentary questions (32 out of more than 12 000) in 2011 on issues relating to compliance with the principles of subsidiarity and proportionality, and encourages its Members to make more use of this tool of parliamentary scrutiny;
Amendment 30 #
2013/2077(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Highlights the fact that in 2011 the Commission received 64 reasoned opinions within the meaning of Protocol No 2 on the application of the principles of subsidiarity and proportionality, which represents a considerable increase in comparison to 2010; notes, however, that these 64 reasoned opinions represented barely 10 % of the total 622 opinions forwarded to the Commission by national parliaments in 2011 within the terms of the political dialogue in question; also draws attention however to the fact that no Commission proposal received a sufficient number of reasoned opinions to trigger the ‘yellow or orange card procedures’ under the Protocol;
Amendment 33 #
2013/2077(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes with concern that some reasoned opinions from national parliaments highlight the fact that, in a number of Commission legislative proposals, the subsidiarity justification is insufficient or non-existent;
Amendment 35 #
2013/2077(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Highlights the need for the European institutions to make it possible for national parliaments to scrutinise legislative proposals by ensuring that the Commission provides detailed and comprehensive grounds for its legislative decisions on subsidiarity and proportionality in accordance with Article 5 of Protocol No 2 to the Treaty on the Functioning of the European Union;
Amendment 36 #
2013/2077(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Notes further in this regard that the current timeframe for national parliaments to carry out subsidiarity and proportionality checks has often been considered insufficient;
Amendment 37 #
2013/2077(INI)
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
Amendment 38 #
2013/2077(INI)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 33 #
2013/2024(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view, therefore, that a reform of the electoral procedure will be required in the future in order to enhance the legitimacy and effectiveness of Parliament by strengthening the democratic dimension of Europe and dividing up the seats in Parliament more proportionally among the Member States, in accordance with the principles laid down in the Treaties; considers that a reform of this kind will encourage EU citizens to take part in European elections in their Member State of residence if they are not nationals of that State;
Amendment 1 #
2012/2309(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Act concerning the election of the members of the European Parliament by direct universal suffrage annexed to the Council decision of 20 September 1976, as amended (the 1976 Elections Act)1, in particular Article 14 thereof,
Amendment 16 #
2012/2309(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 18 #
2012/2309(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. UIs aware that the composition of the European Parliament will in future need to be adjusted to take into account the impact of future accessions and demographic trends in the Member States' populations, as duly ascertained; if necessary, undertakes to submit sufficiently far in advance of the beginning of the 2019-2024 parliamentary term a new proposal for a decision of the European Council with the aim of establishing a system which in future, before each election to the European Parliament, will allow, whenever necessary, a reallocation of the seats amongst the Member States in an objective manner, based on the principle of degressive proportionality as set forth in Article 1 of the decision, taking account of any increase in their number and demographic trends in their population as duly ascertained, and without excluding the possibility of reserving a number of seats to members elected on transnational lists;
Amendment 27 #
2012/2309(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Draws attention to the political connection between the question of the distribution of seats in the European Parliament and an overall reform package for the institutions of the Union, particularly as regards the system of voting in the Council, and stresses the need for that package to be coherent and to respect the equality of Member States; observes, therefore, that a new system for the apportionment of seats in the European Parliament should only be considered in parallel with a revision of the system of voting in the Council;
Amendment 29 #
2012/2309(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Asks the European Council, in accordance with Declaration No 11 of the Intergovernmental Conference which adopted the Treaty of Lisbon, on Article 17(6) and (7) of the Treaty on European Union, to open negotiations aimed at jointly determining the arrangements for the consultations, with a view to ensuring the smooth running of the process leading to the election of the President of the European Commission in a way which takes account of the elections to the European Parliament;
Amendment 30 #
2012/2309(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Instructs its President to forward this resolution and the proposals for a decisions of the European Council annexd of the Council attached hereto, together with the aforementioned report ofby its Committee on Constitutional Affairs, to the European Council and the Council and to the government and parliament of the Republic of Croatia, and, for information, to the Commission and the governments and parliaments of the Member States.
Amendment 57 #
2012/2309(INI)
Amendment 65 #
2012/2309(INI)
Annex I a to the Motion for a European Parliament Resolution (new)
Amendment 31 #
2012/2308(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas according to historical and constitutional tradition, parliaments, as the bodies directly representing citizens, have had the prerogative of determining how their affairs should be organised and hence of deciding where to have their seat;
Amendment 92 #
2012/2308(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that Parliament should have the right tothe European Parliament, given that it is the only body directly representing European citizens, should be granted the prerogative of determineing its own working arrangements, including the right to decide where and when it holds its meetings;
Amendment 26 #
2012/2078(INI)
Motion for a resolution
Recital T
Recital T
T. whereas the establishment of EMU represented a qualitative step in differentiated integration, defining a model of multi-tier governance which affects both institutions and procedures;
Amendment 45 #
2012/2078(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers differentiation as a fundamentalto be a useful and appropriate means to promote a deeper integration, whilech, to the extent that it safeguardings the integrity of the EU, andcould prove essential to achieveing a genuine EMU within the Union;
Amendment 48 #
2012/2078(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the existing differentiated integration procedures under the Treaties allow taking a first step any problems to be overcome by facilitating the establishment of a genuine EMU which isaspires to be fully consistent with the requirements of stronger democratic accountability, increased financial resources and better decision- making capacity;
Amendment 49 #
2012/2078(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the treaty changes necessary for the completion of a genuine EMU and the establishment of a Union of citizens and states should build ontake into account the existing instruments, procedures, practices and philosophy of differentiated integration while seeking to improvinge their effectiveness and coherence;
Amendment 73 #
2012/2078(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Disagrees with ‘contractualisation’ of the relationship between the Union and the Member States, and rReiterates that the lack of Union competences and of Union powers can be overcome by using the appropriate procedures or, in absence of an appropriate legal basis, by amending the Treaties;
Amendment 89 #
2012/2078(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. StressBelieves that the Euro Summit and the Eurogroup are informal bodies for discussion and not institutions for decision-making in the governance of the Economic and Monetary Union, in the context of a future Treaty change, the Euro Summit and the Eurogroup should be seen as formal bodies responsible for decision-making in the governance of the Economic and Monetary Union, in which Member States which are not part of the eurozone are authorised to participate and speak as observers, without voting rights;
Amendment 98 #
2012/2078(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 111 #
2012/2078(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call for the presentation of a legislative proposal to establish a competitiveness and convergence instrument under Article 121(6) TFEU, as as a mechanism to support the rebalan cincentive-based mechanism of enhanced economic policy coordination for all Member States whose currency is the euro which is open to the voluntary participation of non-euro countriesg, adjustment and growth of the EMU economies, based on contractual provisions to be agreed between the Commission and the Member States whose currency is the euro;
Amendment 114 #
2012/2078(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Considers this instrument as an embryo for ae establishment of this instrument to be an initial phase in strengthening the fiscal capacity of the EMU, and stresses that the financial resources of the CCI must be an integral part of the EU budget, but outside the MFF ceilings, so as to respect the EU Treaties and law and ensure that the European Parliament is fully involved as budgetary authority by, inter alia, allowing a case-by- case adoption of the relevant budgetary appropriations;
Amendment 124 #
2012/2078(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
Amendment 127 #
2012/2078(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 141 #
2012/2078(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
Amendment 148 #
2012/2078(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
Amendment 152 #
2012/2078(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
Amendment 156 #
2012/2078(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
Amendment 166 #
2012/2078(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
Amendment 209 #
2012/2078(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
Amendment 224 #
2012/2078(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
Amendment 4 #
2012/2024(INI)
Draft opinion
Section 1 – Recital C
Section 1 – Recital C
C. whereas Article 41 of the Charter of Fundamental Rights of the European Union, which recognises the right to good administration as a fundamental right of the citizens, became legally binding under Article 6(1) of the Treaty on European Union;
Amendment 7 #
2012/2024(INI)
Draft opinion
Section 1 – Recital C a (new)
Section 1 – Recital C a (new)
Ca. whereas Article 298 of the Treaty on the Functioning of the European Union provides a suitable legal basis for adoption of an EU Administrative Procedure Law;
Amendment 14 #
2012/2024(INI)
Draft opinion
Section 1 – paragraph 1
Section 1 – paragraph 1
1. Requests the Commission to submit, on the basis of Article 298 of the Treaty on the Functioning of the European Union, a proposal for a regulation including the basic principles of sound administration and laying down minimum quality standards and procedural guarantees to be respected by all institutions, bodies, offices and agencies of the Union;
Amendment 17 #
2012/2024(INI)
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 the principles of lawfulness and, legal certainty, proportionality, impartiality and fairness, legitimate expectations and equality;
Amendment 19 #
2012/2024(INI)
Draft opinion
Section 2 – paragraph 2 a (new)
Section 2 – paragraph 2 a (new)
2a. Given that the duty of the administration to act in the public interest for it is legally responsible is a basic tenet of administrative activity, this principle should be incorporated as a specific and separate provision in the regulation to be adopted;
Amendment 20 #
2012/2024(INI)
Draft opinion
Section 2 – paragraph 2 b (new)
Section 2 – paragraph 2 b (new)
2b. Given that good faith is now similarly recognised as a basic legal principle and must be regarded as indispensable in creating a climate of confidence and predictability in relations between individuals and the administration, it should accordingly be included as a separate entry in the list of general principles which should govern administrative activity;
Amendment 21 #
2012/2024(INI)
Draft opinion
Section 2 – paragraph 2 c (new)
Section 2 – paragraph 2 c (new)
2c. The principle of acting in the public interest and the principle of good faith should therefore be included among the general principles of good administration;
Amendment 22 #
2012/2024(INI)
Draft opinion
Section 2 – paragraph 3
Section 2 – paragraph 3
3. The administration of the European Union should be guided by the service principle which means that the administration should act in the spirit of service to citizens, for example by providing citizens with the advice they need and responding to their questions, stating in writing reasons for the decisions adopted and giving an indicationinforming them of the remedies available to all persons concernedthem;
Amendment 25 #
2012/2024(INI)
Draft opinion
Section 2 – paragraph 7 a (new)
Section 2 – paragraph 7 a (new)
7a. The regulation must include provisions guaranteeing adequate protection for third parties holding legally protected rights or interests which might be affected by the decision to be adopted under the administrative procedure;
Amendment 26 #
2012/2024(INI)
Draft opinion
Section 2 – paragraph 7 b (new)
Section 2 – paragraph 7 b (new)
7b. In order to encourage the extrajudicial resolution of disputes, procedures should be laid down for administrative appeal against decisions adopted by Union institutions, bodies, services and agencies;
Amendment 2 #
2012/0309(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu is no longer justified. These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II.
Amendment 4 #
2012/0309(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Exemption from the visa requirement for nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.
Amendment 6 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
(a) in point 1, the references to Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu are deleted and a reference to South-Sudan is inserted;
Amendment 7 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 2 – point a – two last references
Article 1 – point 2 – point a – two last references
"Tuvalu*", "United Arab Emirates*" and "Vanuatu*"
Amendment 56 #
2012/0242(CNS)
Proposal for a regulation
Recital 11
Recital 11
(11) As the Euro area's central bank with extensive expertise in macroeconomic and financial stability issues, the ECB is well placed to carry out supervisory tasks with a focus on protecting the stability of Europe's financial system. Indeed in many, its involvement will contribute to improve the credibility and effectiveness of the integrated supervisory mechanism. On the other hand, in the majority of Member States, Central Banks are already responsible for banking supervision, and so, as part of a long-term vision for a stronger economic and monetary union, it is also important to take this opportunity to reinforce the ECB's role as a genuine central bank. Furthermore, by comparison with the proposals for the future creation of a new European authority responsible for banking supervision, this solution has also the advantage of not increasing the complexity of the EU institutional architecture. The ECB should therefore be conferred specific tasks concerning policies relating to the supervision of credit institutions within the Euro area.
Amendment 67 #
2012/0242(CNS)
Proposal for a regulation
Recital 24
Recital 24
(24) The conferral of supervisory tasks on the ECB for some of the Member States should be consistent with the framework of the European System of Financial Supervision (ESFS) set up in 2010 and its underlying objective to develop the single rulebook and enhance convergence of supervisory practices across the whole Union. Cooperation between the banking supervisors and the supervisors of insurance and securities markets is important to deal with issues of joint interest and to ensure proper supervision of credit institutions operating also in the insurance and securities sectors. The ECB should therefore be required to cooperate closely with the EBA, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority, within the framework of the EFSF. The ECB should carry out its supervisory tasks without prejudice to the competences of the other participants of the ESFS.
Amendment 68 #
2012/0242(CNS)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) In order to preserve the integrity of the single financial market, the EBA shall maintain its role and retain all its existing powers and tasks: it should continue developing and ensuring the implementation of the single rulebook applicable to all Member States and enhance convergence of supervisory practices across the whole Union. In addition, EBA should now be tasked with the preparation of a single supervisory handbook to complement the EU's single rulebook and ensure consistency in bank supervision.
Amendment 69 #
2012/0242(CNS)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to ensure consistency between supervisory responsibilities conferred on the ECB and decision making within the EBA, the ECB should coordinate a common position amongst representatives of the national authorities of the participating Member States in relation to matters falling within its competence. The ECB must fully respect the role of the EBA.
Amendment 70 #
2012/0242(CNS)
Proposal for a regulation
Recital 26
Recital 26
(26) The ECB should carry out its tasks subject to and in compliance with any Union law rule including the whole of primary and secondary Union law, Commission decisions in the area of State aids, competition rules and merger control and, the single rulebook applying to all Member States and the single supervisory handbook to be developed by the EBA. The EBA is entrusted with developing draft technical standards and guidelines and recommendations ensuring supervisory convergence and consistency of supervisory outcomes within the Union. The ECB should not replace the exercise of these tasks by the EBA, and should therefore exercise powers to adopt regulations in accordance with Article 132 TFEU only where Union acts adopted by the European Commission upon drafts developed by the EBA or guidelines and recommendations issued by the EBA do not deal with certain aspects necessary for the proper exercise of the ECB's tasks or do not deal with them in sufficient detail.
Amendment 72 #
2012/0242(CNS)
Proposal for a regulation
Recital 29
Recital 29
(29) As regards the supervision of cross- border banks active both inside and outside the Euro area the ECB should cooperate closely with the competent authorities of non participating Member States. As a competent authority the ECB should be subject to the related obligations to cooperate and exchange information under Union law and should participate fully in the colleges of supervisors. In addition, since the exercise of supervisory tasks by a European institution brings about clear benefits in terms of financial stability and sustainable market integration, Member States not participating in the common currency should therefore also have the possibility to participate in the new mechanism. However, it is a necessary pre- condition for an effective exercise of supervisory tasks, that supervisory decisions are implemented fully and without delay. Member States wishing to participate in the new mechanism should therefore undertake to ensure that their national competent authorities will abide by and adopt any measure in relation to credit institutions requested by the ECB. The ECB should be able to establish a close cooperation with the competent authorities of a Member State not participating in the common currency. It should be obliged to establish the cooperation where the conditions set out in this regulation are met. The conditions under which representatives of the competent authorities of the Member States which established a close co- operation take part to the activities of the Supervisory Board should allow the greatest possible involvement of those representatives taking into account the limits following from the Statute of ESCB and of the ECB, in particular as regards the integrity of its decision making processse include that those Member States undertake to ensure that their national competent authorities will abide by and adopt any measure in relation to credit institutions requested by the ECB and the obligation to adopt national legal acts to ensure that their national competent authorities will be obliged to adopt any measure in relation to credit institutions requested by the ECB.
Amendment 73 #
2012/0242(CNS)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) The conditions under which representatives of the competent authorities of the Member States which established a close co-operation take part to the activities of the Supervisory Board should ensure their full and equal representation with the representatives of the competent authorities of the participating Member States, including in what regards the voting rights.
Amendment 75 #
2012/0242(CNS)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) At the request of the parliaments of the participating Member States and of the Member States which have established close cooperation with the ECB, a representative of the supervisory board of the ECB, together with the national competent authority, may be heard in the competent committees of the national parliaments concerned, on the execution of its supervisory tasks.
Amendment 76 #
2012/0242(CNS)
Proposal for a regulation
Recital 34 b (new)
Recital 34 b (new)
(34 b) Pursuant to Article 263 TFEU, the Court of Justice must be enabled to review the legality of acts of the ECB, acting in its supervisory capacity, that are intended to produce legal effects vis-à-vis third parties.
Amendment 77 #
2012/0242(CNS)
Proposal for a regulation
Recital 35
Recital 35
(35) The ECB is responsible for carrying out monetary policy functions with a view to maintaining price stability in accordance with Article 127(1) TFEU. The exercise of supervisory tasks has the objective to protect the safety and soundness of credit institutions and the stability of the financial system. In order to avoid conflicts of interests and to ensure that each function is exercised in accordance with the applicable objectives, the ECB should ensure they are carried out in full separation. Staff involved in carrying out the tasks conferred on the ECB by this Regulation should be organisationally separated from other ECB staff and should be subject to separate reporting lines.
Amendment 81 #
2012/0242(CNS)
Proposal for a regulation
Recital 36
Recital 36
(36) In particular, a supervisory board responsible for preparing decisions on supervisory matters should be set up with the ECB encompassing the specific expertise of national supervisors. The board should therefore be chaired by a Chair and a Vice-Chair elected by the ECB Governing Council andfter approval by the European Parliament. The board should be composed, in addition, of representatives from the ECB and from national authorities. In order to allow for an appropriate rotation while ensuring the full independence of the Chair and the Vice- Chair, their term should not exceed five years and should not be renewable. In order to ensure full coordination with the activities of the EBA and with the prudential policies of the Union, the EBA and the European Commission should be observers in the supervisory board. The supervisory board should exercise its tasks in full recognition that the Governing Council of the ECB remains the ultimate responsible for its decisions. The performance of the supervisory tasks conferred upon the ECB requires the adoption of a large number of technically complex acts and decisions, including decisions on individual credit institutions. In order to effectively carry out those tasks in accordance with the principle of separation from tasks relating to monetary policy, the ECB Governing Council of the ECB should be able to delegate certain clearly defined supervisory tasks and related decisions to the supervisory board, subject to the oversight and responsibility of the Governing Council, which can give instructions and directions to that body. The supervisory board may be supported by a steering committee with a more limited composition.
Amendment 82 #
2012/0242(CNS)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) The supervisory board should be responsible for preparing the decisions of the Governing Council of the ECB. The Governing Council should justify deviations from the proposals and draft decisions prepared by the Supervisory Board.
Amendment 85 #
2012/0242(CNS)
Proposal for a regulation
Recital 41
Recital 41
(41) Given the globalisation of banking services and the increased importance of international standards, the ECB should carry out its tasks in respect of international standards and in dialogue and close cooperation with supervisors outside the Union, without duplicating or restricting the international role of the EBA. It should be empowered to develop contacts and enter into administrative arrangements with the supervisory authorities and administrations of third countries and with international organisations, subject to coordination with the EBA and while fully respecting the existing roles and respective competences of the Member States and the Union institutions.
Amendment 90 #
2012/0242(CNS)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The ECB, in its role within the SSM, shall cooperate closely with the European Banking Authority, the European Securities and Markets Authority, the European Insurance and Occupational Pensions Authority and the European Systemic Risk Board, which form part of the European System of Financial Supervision established by Article 2 of Regulations (EU) No. 1093/2010, (EU) No 1094/2010, and (EU) No 1095/2010. The ECB shall carry out its tasks without prejudice to the competences of the other participants of the ESFS.
Amendment 92 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The ECB shall, in accordance with the relevant provisions of Union law, as well as in accordance with the single rulebook and the single supervisory handbook developed by EBA, be exclusively competent to carry out, for prudential supervisory purposes, the following tasks in relation to all credit institutions established in the participating Member States:
Amendment 101 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Subject to and in compliance with any relevant Union law rule and in particular any legislative and non-legislative act, including the single rulebook and the single supervisory handbook developed by EBA as well as the technical standards developed by EBA and adopted by the Commission, the ECB may adopt regulations and recommendations and take decisions to implement or apply Union law, to the extent necessary to carry out the tasks conferred upon it by this Regulation, and only where those Union acts do not deal with certain aspects necessary for the proper exercise of the ECB's tasks or do not deal with them in sufficient detail.
Amendment 110 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The decision referred to in paragraph 2 shall determine, in compliance with the Statute of ESCB and of the ECB, the conditions under which representatives of the competent authorities of the Member States which established a close cooperation in accordance with this Article shall take part to the activities of the Supervisory Board. Those representatives shall be given full and equal representation with the representatives of the competent authorities of the participating Member States, including in what regards the voting rights.
Amendment 116 #
2012/0242(CNS)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The ECB shall carry out the tasks conferred upon it by this Regulation separately from its tasks relating to monetary policy and from any other tasks. The tasks conferred upon the ECB by this regulation shall not interfere with the ECB's tasks relating to monetary policy and any other tasks. The staff involved in carrying out the tasks conferred on the ECB by this Regulation should be organisationally separated from other ECB staff and should be subject to separate reporting lines.
Amendment 119 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. The supervisory board shall be responsible for preparing the decisions of the Governing Council of the ECB on supervisory matters. The Governing Council should justify deviations from the proposals and draft decisions prepared by the Supervisory Board.
Amendment 122 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. In addition, the supervisory board shall include a Chair elected by the members of the Governing Council, after the approval of the European Parliament, from the members, with the exception of the President, of the Executive Board, and a Vice-Chair elected by and from the members of the Governing Council of the ECB.
Amendment 124 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Governing Council of the ECB may delegate clearly defined supervisory tasks and related decisions regarding individual or a set of identifiable credit institutions, financial holding companies or mixed financial holding companies to the supervisory board, subject to the oversight and responsibility of the Governing Council.
Amendment 126 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The representatives of the competent authority of the Member States which established a close cooperation in accordance with Article 6 shall take part to the activities of the supervisory board in accordance with the conditions set out in the decision adopted in accordance with paragraphs 2 and 3 of Article 6, in compliance with the Statute of ESCB and of the ECB. These conditions should ensure their full and equal representation with the representatives of the competent authorities of the participating Member States, including in what regards the voting rights.
Amendment 129 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Governing Council shall adopt the rules of procedure of the supervisory board including rules on the term of office of the Chair and the Vice-Chair. The term of office shall not exceed five years and shall not be renewable. The rules of procedure of the supervisory board shall ensure equal treatment and representation of all its members.
Amendment 136 #
2012/0242(CNS)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. At the request of the parliaments of the participating Member States and of the Member States which have established close cooperation with the ECB, a representative of the supervisory board of the ECB, together with the national competent authority, may be heard in the competent committees of the national parliaments concerned, on the execution of its supervisory tasks.
Amendment 110 #
2012/0237(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. For the purposes of ascertaining compliance with the condition set out in paragraph 1(c), in the case of a European political party, or in paragraph 2(c), in the case of a European political foundation, the principles of impartiality and neutrality shall be observed particularly strictly in order to safeguard pluralism to as great a degree as possible.
Amendment 151 #
2012/0237(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The European ParliamentCommission shall establish a registry (hereinafter referred to as ‘the Registry’) for the purposes of the registration of a European political party and a European political foundation.
Amendment 154 #
2012/0237(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In order to register its statutes, the political alliance, as defined in Article 2 point (2), or the political foundation affiliated with a European political party shall file an application with the European ParliamentCommission.
Amendment 164 #
2012/0237(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Within three months following the reception of the application for registration, the European ParliamentCommission shall adopt a decision, which it shall publish in the Official Journal of the European Union, together with the party or foundation statutes or, where an application has not been approved, the grounds for rejection.
Amendment 168 #
2012/0237(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Any amendments to the documents or statutes submitted as part of the application for registration in accordance with paragraph 3 shall be notified to the European ParliamentCommission within four weeks.
Amendment 174 #
2012/0237(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The updated list of members of a European political party, annexed to the party statutes in accordance with Article 4(2), shall be sent to the European ParliamentCommission on a yearly basis, but within four weeks of any changes following which the European political party may no longer satisfy the requirement in Article 3(1)(b).
Amendment 181 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
The European ParliamentCommission shall verify annually that the conditions and requirements set out in Articles 3, 4 and 5 continue to be met by the European political parties and the European political foundations.
Amendment 190 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Whenever requested to do so by one quarter of its members, representing at least three political groups in the European Parliament, the European ParliamentCommission shall decide by a majority of its members whether the condition in Article 3(1)(c) for a European political party andor in Article 3(2)(c) for a European political foundation continues to be met.
Amendment 197 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Before reaching its decision, the European ParliamentCommission shall hear the representatives of the European political party or European political foundation concerned and ask a committee of independent eminent persons to give an opinion on the subject within a reasonable time period.
Amendment 202 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
This committee shall consist of three members, with the European Parliament, the Council and the Commission each appointing one member within six months after the end of the first session of the European Parliament following elections to the European Parliament. The secretariat and funding of the committee shall be provided by the European ParliamentCommission.
Amendment 208 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Any natural or legal person may, at any moment, introduce a motivated request to the European ParliamentCommission to verify that one or more of the conditions and requirements referred to in paragraph 1 continue to be met. A breach of the values on which the Union is founded by a European political party, including its members, or a European political foundation can only be established in accordance with paragraph 2.
Amendment 213 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. If the European ParliamentCommission finds that any of the conditions or requirements referred to in paragraph 1 are no longer satisfied, the provisions provided for in Article 11 or in Article 22 or in both shall apply, having due regard to the provisions of Article 23.
Amendment 242 #
2012/0237(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The European ParliamentCommission shall adopt a decision on the termination of the European legal status and the removal from the Registry.
Amendment 251 #
2012/0237(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A European political party registered in accordance with the conditions and procedures laid down in this Regulation, which is represented in the European Parliament by at least one of its members, and which is not in one of the situations of exclusion referred to in Article [93] of the Financial Regulation may apply for funding from the general budget of the European Union, in accordance with the terms and conditions published by the European ParliamentCommission in a call for [contributions].
Amendment 253 #
2012/0237(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. A European political foundation which is affiliated with a European political party eligible to apply for funding under paragraph 1, is registered in accordance with the conditions and procedures laid down in this Regulation, and which is not in one of the situations of exclusion referred to in Article [93] of the Financial Regulation may apply for funding from the general budget of the European Union, in accordance with the terms and conditions published by the European ParliamentCommission in a call for proposals.
Amendment 258 #
2012/0237(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In order to receive funding from the general budget of the European Union, a European political party or a European political foundation, which satisfies the conditions of Article 12(1) or (2), shall file an application with the European ParliamentCommission each year following a call for [contributions] or proposals.
Amendment 272 #
2012/0237(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. European political parties and European political foundations shall, at the time of the submission of their annual financial statements to the European ParliamentCommission in accordance with Article 19, also transmit a list of all donors with their corresponding donations, indicating both the nature and the value of the individual donations. This paragraph shall also apply to the contributions made by members referred to in paragraphs 7 and 8.
Amendment 273 #
2012/0237(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Donations received by the European political parties and European political foundations within six months prior to elections to the European Parliament shall be reported on a weekly basis to the European ParliamentCommission in writing and in accordance with the provisions of paragraph 2.
Amendment 277 #
2012/0237(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Single donations exceeding a value of EUR 12 000 that have been accepted by the European political parties and European political foundations shall be immediately reported to the European ParliamentCommission in writing and in accordance with the provisions of paragraph 2.
Amendment 284 #
2012/0237(COD)
Proposal for a regulation
Article 15 – paragraph 6 – indent 2
Article 15 – paragraph 6 – indent 2
Amendment 311 #
2012/0237(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
The competent national authorities in the Member State in which the European political parties and European political foundations have their respective seat shall, in accordance with Article 10(2), exercise control over the funding received from sources other than the budget of the European Union, and all expenditure. Such control shall be exercised in cooperation with the European ParliamentCommission and the competent national authorities in other Member States.
Amendment 312 #
2012/0237(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2
Article 20 – paragraph 3 – subparagraph 2
The national authorities and the European ParliamentCommission shall agree practical arrangements in order to share information on the European political parties and the European political foundations.
Amendment 316 #
2012/0237(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The [contribution] and grant award decision or agreement shall expressly provide for auditing by the European ParliamentCommission and the Court of Auditors, on the basis of records and on the spot, of the European political party which has received a [contribution] or the European political foundation which has received a grant from the general budget of the European Union.
Amendment 319 #
2012/0237(COD)
Proposal for a regulation
Article 20 – paragraph 7
Article 20 – paragraph 7
7. The European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with [contributions] or grants under this Regulation. If appropriate, the findings may give rise to recovery decisions by the European ParliamentCommission.
Amendment 322 #
2012/0237(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
All technical support from the European ParliamentCommission to European political parties shall be based on the principle of equal treatment. It shall be granted on conditions no less favourable than those granted to other external organisations and associations that may be accorded similar facilities and shall be supplied against invoice and payment.
Amendment 327 #
2012/0237(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
In accordance with Article 24, the European ParliamentCommission shall publish details of the technical support provided to each European political party in an annual report, within three months following the end of the financial year.
Amendment 331 #
2012/0237(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. If the European ParliamentCommission finds, in accordance with Article 7(2), that a European political party or a European political foundation has failed to respect the values on which the Union is founded or has been the subject of a judgement which has the force of res judicata for illegal activities detrimental to the financial interests of the Union as defined in Article [93(1)(e)] of the Financial Regulation, or that a European political party has failed to respect the minimum rules on internal democracy required by Article 4(2), the European political party or the European political foundation in question may be removed from the Registry, forfeit its status in accordance with Article 11, and have any ongoing decision on Union funding received under this Regulation withdrawn or any ongoing agreement on such funding terminated and any Union funding recovered, including any unspent Union funds from previous years.
Amendment 336 #
2012/0237(COD)
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. The European ParliamentCommission shall impose on a European political party or a European political foundation a fine according to a scale determined by it:
Amendment 338 #
2012/0237(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) in the event of failure to provide the notification laid down in Article 6(6) and (7) or if the European ParliamentCommission finds that the European political party or the European political foundation has at any moment intentionally provided incorrect or misleading information,
Amendment 340 #
2012/0237(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) in the event of failure to transmit to the European ParliamentCommission the list of donors and their corresponding donations in accordance with Article 15(2) or to report donations in accordance with Article 15(3) and (4),
Amendment 344 #
2012/0237(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. When setting the amount of a fine imposed on a European political party or a European political foundation pursuant to paragraph 2, the European ParliamentCommission shall take into account the gravity, duration and, where relevant, recurrence of the infringement, the time that has elapsed, the intention or degree of negligence, and any measures taken to comply with the conditions and requirements of this Regulation. Any fine must be effective and dissuasive, and may not exceed 10% of the annual budget of the European political party or the European political foundation in question corresponding to the year in which the sanction is imposed.
Amendment 346 #
2012/0237(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. A European political party or a European political foundation which, following an infringement described in paragraph 2 point (a), fails to introduce the measures requested by the European ParliamentCommission to remedy the situation, despite having been given the opportunity to do so pursuant to Article 23, may be removed from the Registry and forfeit its status in accordance with Article 11, and have any ongoing decision on Union funding received under this Regulation withdrawn or any ongoing agreement on such funding terminated and any Union funding recovered, including any unspent Union funds from previous years.
Amendment 353 #
2012/0237(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Before taking a final decision related to any of the penalties in Article 22, the European ParliamentCommission shall give the European political party or the European political foundation concerned the opportunity to present its observations and, where relevant and appropriate, to introduce the measures required to remedy the situation within a reasonable time period.
Amendment 356 #
2012/0237(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. If the European ParliamentCommission considers it necessary, it may hear other natural or legal persons, including any complainants referred to in Article 7(3).
Amendment 358 #
2012/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) the names and statutes of all registered European political parties and European political foundations, together with the documents submitted as part of the application for registration in accordance with Article 6(3), at the latest four weeks after the European ParliamentCommission has adopted its decision and, beyond this date, any amendments notified to the European ParliamentCommission pursuant to Article 6(6) and (7),
Amendment 360 #
2012/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) a list of those applications that have not been approved, together with the documents submitted as part of the application for registration in accordance with Article 6(3) and the grounds for rejection, at the latest four weeks after the European ParliamentCommission has adopted its decision,
Amendment 369 #
2012/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point g
Article 24 – paragraph 1 – point g
(g) the details of and reasons for any final decisions taken by the European ParliamentCommission pursuant to Article 22, including, where relevant, the opinions adopted by the committee of independent eminent persons in accordance with Article 7(2), having due regard to the provisions of Regulation (EC) No 45/2001,
Amendment 370 #
2012/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point j
Article 24 – paragraph 1 – point j
(j) the evaluation report of the European ParliamentCommission on the application of this Regulation and the activities funded as referred to in Article 27.
Amendment 377 #
2012/0237(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. From the list of members of a European political party, annexed to the party statutes in accordance with Article 4(2) and updated in accordance with Article 6(7), the European ParliamentCommission shall publish the total number of members, the identity of the legal persons that are members, as well as the names of those natural persons who have given their express written consent to their publication. European political parties shall request this consent as a matter of course from all natural persons who are members.
Amendment 381 #
2012/0237(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. European political parties and European political foundations shall, in a publicly available privacy statement, provide potential members and donors with the information required by Article 10 of Directive 95/46/EC and inform them that their personal data may be made public and may be processed for auditing and control purposes by the European ParliamentCommission, OLAF, the Court of Auditors, competent national authorities, and external bodies or experts authorised by these. The European ParliamentCommission, in application of Article 11 of Regulation (EC) No 45/2001, shall include the same information in the calls for [contributions] or proposals referred to in Article 13(1).
Amendment 384 #
2012/0237(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. In processing personal data pursuant to this Regulation, the European ParliamentCommission and the committee referred to in Article 7(2) shall comply with Regulation (EC) No 45/2001. For the purposes of the processing of personal data, they shall be considered as data controllers in accordance with Article 2(d) of Regulation (EC) No 45/2001.
Amendment 388 #
2012/0237(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The European ParliamentCommission and the committee referred to in Article 7(2) shall ensure that personal data collected by them pursuant to this Regulation are not used for any purpose other than to ensure the legality, regularity and transparency of the funding of European political parties and European political foundations and the membership of European political parties. They shall destroy those personal data at the latest 24 months after publication of the relevant parts in accordance with Article 24.
Amendment 390 #
2012/0237(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The competent national authorities and independent bodies or experts authorised to audit accounts shall use the personal data they receive only in order to exercise control over the financing of European political parties and European political foundations. They shall destroy those personal data in accordance with applicable national law after transmitting ithem to the European ParliamentCommission pursuant to Article 20(3).
Amendment 393 #
2012/0237(COD)
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. The European Data Protection Supervisor shall be responsible for monitoring and ensuring that the European ParliamentCommission and the committee referred to in Article 7(2) respect and protect the fundamental rights and freedoms of natural persons in the processing of personal data pursuant to this Regulation. Without prejudice to any judicial remedy, every data subject may lodge a complaint with the European Data Protection Supervisor if he or she considers that his or her right to the protection of their personal data has been infringed as a result of the processing of thisese data by the European Parliament or the committee.
Amendment 395 #
2012/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The European ParliamentCommission shall provide for administrative appeal procedures in relation to any decisions linked to the registration of statutes, funding or penalties.
Amendment 397 #
2012/0237(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Administrative appeal procedures shall not have suspensory effect. The European ParliamentCommission may, however, if it considers that circumstances so require, suspend the application of any decision it has taken.
Amendment 400 #
2012/0237(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
The European ParliamentCommission shall publish by 1 July of the third year following elections to the European Parliament a report on the application of this Regulation and the activities funded. The report shall indicate, where appropriate, possible amendments to be made to the statute and funding systems.
Amendment 402 #
2012/0237(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
The European ParliamentCommission shall adopt a Decision laying down the rules and procedures for implementing this Regulation, including for the establishment of the Registry.
Amendment 2 #
2011/2276(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Suggests that the institutions involved in lawmaking should be reminded of the guidelines contained in Protocol 30 of the Amsterdam Treaty on the Application of the principles of subsidiarity and proportionality in relation to the testing of the aforesaid principles, so as to foster their correct applicatneed to ensure that the principles of subsidiarity and proportionality are correctly applied under the terms of Protocol No 2 annexed to the Treaty on the Functioning of the European Union;
Amendment 3 #
2011/2276(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Suggests assessing whether appropriate criteria should be laid down, at EU level, for evaluating compliance with the principles of subsidiarity and proportionality;
Amendment 6 #
2011/2276(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that, in accordance with the principle of subsidiarity, the Union will take action only and insofar as the objectives of a planned measur, in areas not falling within its exclusive competence, only and insofar as the Member States cannot achieve the objectives sufficiently or if, by reason of the scan be better implemented at Union level; takes the view that the aforesaidle or effects of the proposed action, the Union can achieve them better; takes the view that subsidiarity, as an objective legal principle, as a dynamic concept, should be able to justifysociated with the concept of optimum level of action, may lead both to any extension of the activities of the Union within the framework of its powers, when circumstances so require, and, conversely, to the action concerned being restricted or curtailed where it is no longer justified;
Amendment 9 #
2011/2276(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that a distinction should be made between ane crucial importance of impact assessments and the principle of subsidiarity, becaus tools for aiding decision- making in the legislative process and stresses these are different concepts with a different focus, although the impact a need, in this context, proper consideration to be given to issuessment can bring ‘material’ to light for the subsidiarity test relating to subsidiarity and proportionality;
Amendment 10 #
2011/2276(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the closer involvement of national parliaments in the European legislative process, particularly with regard to scrutinising legislative proposals in the light of the principles of subsidiarity and proportionality;
Amendment 13 #
2011/2276(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers it appropriate to pursue the question of whether the small number of formal, reasoned opinions from national parliaments on the subsidiarity of measures, 34 in 2010, is due to the fact that the principle of subsidiarity is observed on all sides, or to the fact that the national parliaments are unable to enforce this principle because of a lack of resources; considers an analysis by the European Commission to be desirableNotes that, in 2010, 211 opinions were received from national parliaments, but that only a small number of them, 34, raised subsidiarity concerns;
Amendment 15 #
2011/2276(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes with concern that some opinions from national parliaments highlight the fact that, in a number of Commission proposals, the subsidiarity justification is insufficient or non-existent;
Amendment 18 #
2011/2276(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 20 #
2011/2276(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Notes further in this regard that the current timeframe for national parliaments to carry out subsidiarity and proportionality checks has often been considered insufficient;
Amendment 22 #
2011/2276(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Draws the conclusion from the legislative proceduresHighlights the need for the European investigated in the report, in which concerns were raised in relattutions , when submitting their respective assessments and opinions, to subsidiarity, that it is not possible to drawmake, as far as possible, a sharp distinction between subsidiarity arguments and general questions of suitability and practicality in the political process.
Amendment 3 #
2011/2275(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the implementation of the tools for the management of cases related to the application of EU law (CHAP and EU Pilot) and the positive results they are producing and calls on the Commission to continue to develop them and improve its functioning;
Amendment 4 #
2011/2275(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Regrets, however, the enormous number of non-communication cases (470 pending in 2010);
Amendment 10 #
2011/2275(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that European legal training is a key instrument to ensure the correct application of EU law and welcomes the Commission's initiative to prepare a Communication on this subject;
Amendment 12 #
2011/2275(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Draws attention to the direct applicability of provisions of directives when they are sufficiently precise and unconditional (‘direct effect’), suggests that the Commission refer to such provisions in its justification for a directive and is of the opinion that the legal profession should be made more aware of themaccording to the consolidated case law of the Court of Justice;
Amendment 16 #
2011/2275(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to evaluate in each single case whether, in view of the enormous number of non-communication cases (470 pending in 2010), the choice of a regulation instead of a directive is more appropriate; notes that this would at the same time resolvegive preferential use to regulations, whenever possible under the Treaties and the probinciplem of Member States going beyond the standards required by a directive, entailing a protectionist effect (‘gold-plating’)subsidiarity;
Amendment 19 #
2011/2275(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission and Member States to act jointly and consistently to tackle the problem of 'gold-plating';
Amendment 4 #
2011/2168(REG)
Parliament's Rules of Procedure
Rule 48 − paragraph 2
Rule 48 − paragraph 2
2. Motions for resolutions contained in own-initiative reports shall be examined by Parliament under the short presentation procedure set out in Rule 139. Amendments to such motions for resolutions shall only be admissible for consideration in plenary if tabled by the rapporteur to take account of new information or by at least one-tenth of the Members of Parliament. Political groups may table alternative motions for resolutions in accordance with Rule 157(4). This paragraph shall not apply in cases where the subject of the report qualifies for a key debate in plenary, where the report is drawn up pursuant to the right of initiative referred to in Rule 41 or 42, or where the report can be considered a strategic report according to the criteria set out by the Conference of Presidentshas been authorised as a strategic report.
Amendment 5 #
2011/2168(REG)
Parliament's Rules of Procedure
Rule 163 − paragraph 2 a (new)
Rule 163 − paragraph 2 a (new)
2a. This Rule shall not apply to own- initiative reports, expect those referred to in the last sentence of Rule 48(2).
Amendment 6 #
2011/2168(REG)
Parliament's Rules of Procedure
Rule 167 − paragraph 1 − subparagraph 1 a (new)
Rule 167 − paragraph 1 − subparagraph 1 a (new)
When voting takes place on any own- initiative report, with exception of those referred to in the last sentence of Rule 48(2), the roll call vote may only be requested for the final vote.
Amendment 1 #
2011/2029(INI)
Motion for a resolution
Citation 17
Citation 17
Amendment 1 #
2011/2029(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that European institutions must respect the principles of subsidiarity and proportionality when formulating proposals and observe the criteria laid down in the Protocol No 2 annexed to the TFEU;
Amendment 2 #
2011/2029(INI)
Motion for a resolution
Citation 18
Citation 18
Amendment 2 #
2011/2029(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that every effort should be done to ensure that Parliament and the Council are treated as equals in the lawmaking process, thus implementing the principle of equal treatment between both institutions deriving from the Lisbon Treaty;
Amendment 3 #
2011/2029(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Draws attention to the national parliaments’ enhanced role under the Treaty of Lisbon with regard to the scrutiny of legislative proposals in the light of the principles of subsidiarity and proportionality, and, recognising the technical problems involved, encourages national parliaments to make more use of their new rights, using the Conference of European Union Affairs Committees, COSAC, as a platform for the exchange of best practice underlines the importance of close cooperation between the national parliaments and the European institutions;
Amendment 4 #
2011/2029(INI)
Motion for a resolution
Citation 19
Citation 19
Amendment 11 #
2011/2029(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Points out that the Commission must regard the citizens’ initiative, introduced by the Treaty of Lisbon as an important element of participatory democracy, not as a ‘by- product’ of the Treaty but rather as a component of its smart regulation concept, as it opens a new pathway to legislation;
Amendment 16 #
2011/2029(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that European institutions must respect the principles of subsidiarity and proportionality when formulating proposals and observe the criteria laid down in the Protocol n.º 2 annexed to the TFEU;
Amendment 17 #
2011/2029(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that every effort should be made to ensure that the Parliament and the Council are treated as equals in the lawmaking process, thus implementing the principle of equal treatment between both institutions deriving from the Lisbon Treaty;
Amendment 18 #
2011/2029(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes the closer involvement of national parliaments in the European legislative process, in particular in what concerns the verification of the compliance of legislative proposals with the principle of subsidiarity;
Amendment 19 #
2011/2029(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Emphasises the importance of European citizens' initiative as a new form of public participation in European Union policy shaping;
Amendment 20 #
2011/2029(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
Amendment 23 #
2011/2029(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Expresses concern that the programme to reduce administrative burdens may not reach its target to reduce administrative burdens by 25 % by 2012, in part due to unwillingnes and points onut the part ofat the Parliament orand the Council should act promptly in order to consider and approve proposed measures; notes in this regard the value of increased use of fast- track procedures to adopt these proposals; undertakes to give prompt consideration to legislative proposals relating to such measures, and calls on the Council to do all it can to ensure that the reductions in administrative burdens identified by the programme are adopted;
Amendment 28 #
2011/2029(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Urges the Member States to work consistently to reduce administrative burdens and hopes for fruitful cooperation with national parliaments on this matter;
Amendment 36 #
2011/2029(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Strongly endorses the proposition that where new laws impose a cost on businesses, equivalent cost offsets should be identified, when possible, in order to reducinge the regulatory burden elsewhere; considers this to be a key aspect of future programmes which will reduce burdens and improve the regulatory framework for businesses as a whole;
Amendment 39 #
2011/2029(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Draws attention to its repeated call that directives should systematically contain a binding requirement for Member States to draw up a detailed correlation table when transposing directives in the national legal system; emphasises, moreover, its position that reports should not be included in the draft plenary agenda in the absence of such correlation tablstresses that such correlation tables are essential to provide transparency on how national law transposes the obligations in EU directives;
Amendment 41 #
2011/2029(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the wider use of ex-post evaluation of implemented legislation; emphasises, however, that such evaluation should be used for all significant legislation, not only in key sectors; notes in this regard that implementing and delegated acts should also come under consideration; calls on the Commission to expand ex-post evaluation to allnew policy areas, and suggests that ‘sunset’ clauses to enforce reviews may be a useful means of guaranteeing that regulations still in force are necessary and proportionate;
Amendment 14 #
2011/2026(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights the consumer-friendly features of alternative dispute resolution schemes, which offer a tailored practical solution; calls in this context for the prompt presentation of a legislative proposal on alternative dispute resolution by the Commission;
Amendment 5 #
2011/0902(COD)
Draft regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The appointment of temporary Judges should offer every guarantee as regards the independence, impartiality, competence and suitability of the persons appointed, and should be balanced and draw on the widest possible geographical basis from among nationals of the Member States.
Amendment 6 #
2011/0902(COD)
Draft regulation
Article 2 – paragraph 1 – subparagraph 1 a (new)
Article 2 – paragraph 1 – subparagraph 1 a (new)
The appointment of temporary Judges shall offer every guarantee as regards the independence, impartiality, competence and suitability of the persons appointed, and shall be balanced and draw on the widest possible geographical basis from among nationals of the Member States.
Amendment 11 #
2011/0901(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Once the number of Judges of the General Court has been increased, the question of their appointment will naturally arise. Regarding the system for appointing Judges, Member States should agree on rules offering every guarantee as regards the independence and impartiality and the competence and suitability of the persons appointed, as well as making for equality and balance in terms of their home Member States.
Amendment 14 #
2011/0901(COD)
Draft regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Once the number of Judges of the General Court has been increased, the question of their appointment will naturally arise. Regarding the system for appointing Judges, Member States should agree on rules offering every guarantee as regards the independence, impartiality, competence and suitability of the persons appointed, and ensuring a balanced composition of the General Court on as broad a geographical basis as possible from among nationals of the Member States.
Amendment 14 #
2011/0901(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) To enable the General Court to operate more efficiently and ensure that proceedings can be dealt with and adjudicated on within a reasonable time, the General Court may set up specialised Chambers where this is warranted by the number of proceedings in a given field.
Amendment 16 #
2011/0901(COD)
Draft regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) To enable the General Court to operate more efficiently and ensure that proceedings can be dealt with and adjudicated on within a reasonable time, the General Court may set up specialised Chambers where this is warranted by the number of proceedings in a given field.
Amendment 16 #
2011/0901(COD)
Proposal for a regulation
Recital 9 c (new)
Recital 9 c (new)
(9c) As regards the internal organisation of the General Court, the office of Vice- President should, following the approach adopted for the Court of Justice, be established for the purpose of assisting the President.
Amendment 17 #
2011/0901(COD)
Draft regulation
Recital 9 c (new)
Recital 9 c (new)
Amendment 17 #
2011/0901(COD)
Proposal for a regulation
Recital 9 d (new)
Recital 9 d (new)
(9d) In proceedings before the Court of Justice, a Judge should be permitted to announce, during the Court’s deliberations, that he intends to deliver a dissenting opinion as to the judgment or the reasons on which it is based, to be published together with the judgment. That possibility exists in several national and international courts, and their reputation and authority have not been undermined as a result. On the contrary, this is a solution which helps to advance judicial practice, offers guarantees of greater transparency, and serves to strengthen the democratic legitimacy of the courts, as it is particularly important to do in this instance, given that the judicial system concerned is one with a strong case law component.
Amendment 18 #
2011/0901(COD)
Draft regulation
Recital 9 d (new)
Recital 9 d (new)
(9d) In proceedings before the Court of Justice, a Judge should be permitted to announce, during the Court’s deliberations, that he intends to deliver a dissenting opinion as to the judgment or the reasons on which it is based, to be published together with the judgment. That possibility exists in several national and international courts, and their reputation and authority have not been undermined as a result. On the contrary, this is a solution which helps to advance judicial practice, offers guarantees of greater transparency, and serves to strengthen the democratic legitimacy of the courts, as it is particularly important to do in this instance, given that the judicial system concerned is one with a strong case law component.
Amendment 19 #
2011/0901(COD)
Draft regulation
Recital 10
Recital 10
(10) In order to enable the specialised courts to continue to function satisfactorily in the absence of a Judge who, while not suffering from disablement deemed to be total, is prevented from participating in judicial business for an extended period of time, provision should be made for the possibility of attaching temporary Judges to those courts. The appointment of temporary Judges should offer every guarantee as regards the independence, impartiality, competence and suitability of the persons appointed, and ensure a balanced composition on as broad a geographical basis as possible from among nationals of the Member States.
Amendment 19 #
2011/0901(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to enable the specialised courts to continue to function satisfactorily in the absence of a Judge who, while not suffering from disablement deemed to be total, is prevented from participating in judicial business for an extended period of time, provision should be made for the possibility of attaching temporary Judges to those courts. The appointment of temporary Judges should offer every guarantee as regards the independence and impartiality and the competence and suitability of the persons appointed, as well as making for equality and balance in terms of their home Member States.
Amendment 21 #
2011/0901(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 - subparagraph 2
Article 1 – paragraph 1 – point 1 - subparagraph 2
The Vice-President shall assist the President of the Court. He shall take the latter’s place when he is prevented from attending, or when the office of President is vacant or at the President’s request. He may also take the President’s place at the President’s request, except where the tasks to be performed are those referred to in Article 39 or that of presiding over the full Court and the Grand Chamber.
Amendment 22 #
2011/0901(COD)
Draft regulation
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Protocol on the Statute of the Court of Justice of the European Union
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
Amendment 23 #
2011/0901(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Amendment 25 #
2011/0901(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
6a. The first paragraph of Article 47 shall be replaced by the following: Articles 9a, 14, and 15, Article 17, first, second, fourth, and fifth paragraphs, and Article 18 shall apply to the General Court and its members.
Amendment 26 #
2011/0901(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
7. In Article 48, the figure ‘27’ shall be replaced by the figure ‘39’. shall be replaced by the following: ‘The General Court shall consist of 39 Judges. When, every three years, the Judges are partially replaced, 20 and 19 Judges shall be replaced alternately.’
Amendment 29 #
2011/0901(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Amendment 9 #
2011/0440(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the purposes of qualified majority voting in the Council, Member States shall provide the Commission (Eurostat) with data on the total population at national level at the reference time, as referred to in Article 2, within 8 months from the end ofof their citizens at the reference yeartime. For the purposes of this Article, Member States shall not provide data on population at their place of legal or registeredtheir permanent residence at the reference time.
Amendment 51 #
2011/0440(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the purposes of qualified majority voting in the Council, Member States shall provide the Commission (Eurostat) with data on the total population at national level at the reference time, as referred to in Article 2, within 8 months from the end ofof their citizens at the reference yeartime. For the purposes of this Article, Member States shall not provide data on population at their place of legal or registeredtheir permanent residence at the reference time.
Amendment 206 #
2011/0359(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The provision of services other than statutory audit to audited entities by statutory auditors, audit firms or members of their networks may compromise their independence. Therefore, it is appropriate to require the statutory auditor, the audit firm and the members of their network not to provide non-audit services to their audited entities. The provision of non- audit services by an audit firm to a company would prevent that audit firm from carrying out statutory audit of that company, thus resulting in a reduction of the audit firms available to provide statutory audit, in particular with regard to the audit of large public-interest entities where the market is concentrated. As a result, in order to secure that a minimum number of audit firms is able to provide audit services to large public- interest entities, it is appropriate to request that audit firms of significant dimension focus their professional activity on the carrying out of statutory audit and are not allowed to undertake other services unconnected to their statutory audit function such as consultancy or advisory servicgiven services to their audited entities.
Amendment 228 #
2011/0359(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to address the familiarity threat and therefore reinforce the independence of auditors and audit firms, it is important to establish a maximum duration of the audit engagement of a statutory auditor or audit firm in a particular audited entity. An appropriate gradual rotation mechanism should also be established with regard to the most senior personnel involved in the statutory audit, including the key audit partners carrying out the statutory audit on behalf of the audit firm. It is also important to provide for an appropriate period within which such statutory auditor or audit firm may not carry out the statutory audit of the same entity. In order to ensure a smooth transition, the former auditor should transfer a handover file with relevant information to the incoming auditorgradual rotation should be ensured with regard to the most senior personnel involved in the statutory audit, including the key audit partners carrying out the statutory audit on behalf of the audit firm.
Amendment 241 #
2011/0359(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to ensure legal certainty and the smooth transition to the regime introduced by this Regulation, it is important to introduce a transitional regime regarding the entry into force of the obligation to rotate audit firms, the obligation to organise a selection procedure for the choice of audit firm and the conversion of audit firms into firms that only provide audit services.
Amendment 267 #
2011/0359(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 280 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
A statutory auditor or an audit firm carrying out statutory audit of public- interest entities may provide to the audited entity, to its parent undertaking and to its controlled undertakings statutory audit services and related financial audit services, and non-audit services not prohibited under this Article.
Amendment 285 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Where the statutory auditor belongs to a network, a member of such a network may provide to the audited entity, to its parent undertaking and to its controlled undertakings within the Union statutory audit services or related financial audit services and non-audit services not prohibited under this Article.
Amendment 307 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
A statutory auditor or an audit firm carrying out statutory audit of public- interest entities shall not directly or indirectly provide to the audited entity, to its parent undertaking and to its controlled undertakings prohibited non-audit services.
Amendment 311 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
Where the statutory auditor belongs to a network, no member of such a network shall provide to the audited entity, to its parent undertaking and to its controlled undertakings within the Union any prohibited non- audit services.
Amendment 314 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – introductory part
Article 10 – paragraph 3 – subparagraph 3 – introductory part
For the purposes of this Article, prohibited non-audit services shall mean:
Amendment 319 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point i
Article 10 – paragraph 3 – subparagraph 3 – point a – point i
Amendment 322 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point iii
Article 10 – paragraph 3 – subparagraph 3 – point a – point iii
(iii) designing and implementing internal control or risk management proceduresystems related to the preparation and/or control of financing information included in the financial statements and advice on riskconstituting a significant part of the internal review of the audited entity’s financial reporting or giving rise to information significant to the accounting records or of statutorily audited financial statements;
Amendment 327 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point iv
Article 10 – paragraph 3 – subparagraph 3 – point a – point iv
(iv) valuation services, providing fairness opinions or contribuservices for the valuation of assets or financial liabilities constituting materially relevant amounts in the context of financial statements and whose valuation- in-kind reportsvolves a high degree of subjectivity;
Amendment 336 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point vi
Article 10 – paragraph 3 – subparagraph 3 – point a – point vi
(vi) designing and implementing financial information technology systems for public- interest entities as referred to in Article 2(13)(b) to (j) of Directive 2006/43/EC, except where the audited entity is responsible for the internal control system as a whole or the service is provided in accordance with specifications which the audited entity has laid down;
Amendment 339 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii
Amendment 358 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point b – point i
Article 10 – paragraph 3 – subparagraph 3 – point b – point i
(i) human resources services, including recruiting related to senior management;
Amendment 361 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point b – point ii
Article 10 – paragraph 3 – subparagraph 3 – point b – point ii
Amendment 364 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point b – point iii
Article 10 – paragraph 3 – subparagraph 3 – point b – point iii
Amendment 365 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point b – point iv
Article 10 – paragraph 3 – subparagraph 3 – point b – point iv
Amendment 368 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 a (new)
Article 10 – paragraph 3 – subparagraph 3 a (new)
A statutory auditor or audit firm may provide non-audit services other than services prohibited under paragraph 3 of this Article where the provision of those services has been approved by the audit committee and the competent authority has not exercised its power to prohibit the provision of the services in question.
Amendment 371 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 4
Article 10 – paragraph 3 – subparagraph 4
Amendment 378 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 5
Article 10 – paragraph 3 – subparagraph 5
Amendment 387 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3
Article 10 – paragraph 4 – subparagraph 3
Being involved in the decision-taking of the audited entity and the provision of the services referred to in points (ii) and (iii) of paragraph 3(a) shall be considered as affecting such independence in all cases.
Amendment 390 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 4
Article 10 – paragraph 4 – subparagraph 4
Amendment 394 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 411 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 68 for the purpose of adapting the list of related financial audit services referred to in paragraph 2 and the list of prohibited non-audit services referred to in paragraph 3 of this Article. When using such powers, the Commission shall take into account developments in auditing and the audit profession.
Amendment 419 #
2011/0359(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point c
Article 11 – paragraph 4 – subparagraph 1 – point c
(c) request permission from the audit committee to provide the non-audit services referred to in Article 10(3)(b)(i) and (iinon-audit services other than non-audit services prohibited under Article 10(3) to the audited entity;
Amendment 420 #
2011/0359(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point d
Article 11 – paragraph 4 – subparagraph 1 – point d
Amendment 447 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point q
Article 22 – paragraph 2 – point q
(q) declare that the prohibited non-audit services referred to in Article 10(3) were not provided and that the statutory auditor(s) or the audit firm(s) remained completely independent in conducting the audit. Where the statutory audit was carried out by an audit firm, the report shall identify each member of the audit engagement team and shall state that all members remained completely independent and had no direct or indirect interest in the audited entity;
Amendment 448 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point r
Article 22 – paragraph 2 – point r
(r) indicate the non-audit services other than those referred to in Article 10(3)(b)(i) and (ii) that the audit committee allowed the statutory auditor or the audit firm to provide to the audited entity;
Amendment 449 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point s
Article 22 – paragraph 2 – point s
Amendment 470 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) include a declaration of independence as provided for in point (q) of Article 22(2);
Amendment 505 #
2011/0359(COD)
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1
Article 26 – paragraph 2 – subparagraph 1
The annual financial report and the annual income statement shall show the total turnover divided into fees from the statutory audit of annual and consolidated financial statements of public-interest entities and entities belonging to a group of undertakings whose parent undertaking is a public-interest entity, fees from the statutory audit of annual and consolidated financial statements of other entities and fees charged for related financial audit services as defined in Article 10(2)nd non-audit services, with the exception of prohibited non-audit services.
Amendment 528 #
2011/0359(COD)
Proposal for a regulation
Article 31 – paragraph 5 – point f
Article 31 – paragraph 5 – point f
f) authorise, on a case by case basis, the provision by the statutory auditor or audit firm of the non-audit services referred to in Article 10(3)(b)(i) and (ii) of this Regulation to the audited entity.
Amendment 566 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
Article 33 – paragraph 1 – subparagraph 2
Amendment 578 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 3
Article 33 – paragraph 1 – subparagraph 3
Amendment 591 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 4
Article 33 – paragraph 1 – subparagraph 4
Amendment 604 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
Amendment 613 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
Amendment 686 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 1 – point e
Article 46 – paragraph 3 – subparagraph 1 – point e
Amendment 734 #
Amendment 738 #
2011/0359(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
However, Article 32(7) shall apply from […] [the date of the entry into force of the Regulation] and Article 10(5) shall apply from […] [3 years after the entry into force of the Regulation].
Amendment 742 #
2011/0359(COD)
Proposal for a regulation
Annex 1 – part I – subpart A – point 5
Annex 1 – part I – subpart A – point 5
Amendment 743 #
2011/0359(COD)
Proposal for a regulation
Annex 1 – part I – subpart A – point 6
Annex 1 – part I – subpart A – point 6
6. The statutory auditor or audit firm infringes Article 10 by providing services other than statutory audit services which are prohibited or related financial audit services to the audited entity.
Amendment 744 #
2011/0359(COD)
Proposal for a regulation
Annex 1 – part I – subpart E – point 23
Annex 1 – part I – subpart E – point 23
Amendment 745 #
2011/0359(COD)
Proposal for a regulation
Annex 1 – part II – subpart A – point 3
Annex 1 – part II – subpart A – point 3
Amendment 13 #
2010/2231(REG)
Parliament's Rules of Procedure
Rule 192 – paragraph 2 a (new)
Rule 192 – paragraph 2 a (new)
2a. The coordinators shall be convened by their committee Chair in order to prepare the organisation of the hearings of Commissioners-designate. Following the hearings, the coordinators shall meet to prepare a draft decision on the evaluation of the nominees in accordance with the procedure laid down in Annex XVII.
Amendment 20 #
2010/2231(REG)
Parliament's Rules of Procedure
Annex XVII – paragraph 1 – point c – subparagraph 2
Annex XVII – paragraph 1 – point c – subparagraph 2
The committeeChair and coordinators shall meet without delay after the hearing to prepare a draft decision on the evaluateion of the individual Commissioners-designate. Those meetings shall be held in camera. The committees shall be invited to, in which they shall state whether, in their opinion, the Commissioners-designate are qualified both to be members of the College and to carry out the particular duties they have been assigned. If the committee is unable to reach a consensus on both of those pointsFollowing the meeting of the Chair and coordinators, the committees shall immediately meet to decide on the evaluation of the Commissioners and vote on the draft presented by the Chair and by the coordinators, as necessary. Those meetings shall be held in camera. There shall be a single evaluation statement for each Commissioner- designate, which shall include the opinions of all the committees involved in the hearing. The Conference of Committee Chairs may design a pro forma template to assist the evaluation. Where committees require further information in order to complete their evaluation, the President of Parliament shall write on their behalf to the President-elect of the Commission. The coordinators shall take the reply into consideration. If the committee is unable to reach a consensus on the evaluation, its Chair shall, as a last resort, put the two decisions to the vote by secret ballot. The committees' statements of evaluation shall be made public within 24 hours and presented at a joint meeting of the Conference of Presidents and the Conference of Committee Chairs, which shall be held in camera. Following an exchange of views, the Conference of Presidents and the Conference of Committee Chairs shall declare the hearings closed unless they decide to seek further information.
Amendment 14 #
2010/2127(REG)
Parliament's Rules of Procedure
Rule 9 – paragraph 2
Rule 9 – paragraph 2
2. Members’ conduct shall be characterised by mutual respect, be based on the values and principles laid down in the basic texts on which the European Union is founded, respect the dignity of Parliament and not compromise the smooth conduct of parliamentary business or disturb the peace and quiet of any of Parliament's premises. Members shall comply with Parliament's rules on the treatment of confidential information. Failure to comply with those standards and rules may lead to application of the measures provided for inin accordance with Rules 152, 153 and 154. (Amendment to Rule 9 – paragraph 2, Amendment to Rule 23 – paragraph 11 a (new) and Amendment to Annex VIII – paragraph 5 are connected and should be voted together)Or. en
Amendment 15 #
2010/2127(REG)
Parliament's Rules of Procedure
Rule 23 – paragraph 11 a (new)
Rule 23 – paragraph 11 a (new)
Amendment 16 #
2010/2127(REG)
Parliament's Rules of Procedure
Rule 44 – paragraph 3
Rule 44 – paragraph 3
3. Before the committee responsible proceeds to the vote, it shall ask the Commission whether it hais prepared a positing an opinion on the initiative and if so request. In the affirmative, the Ccommission to state its position tottee shall not adopt its report before receiving the cCommitteession’s position.
Amendment 17 #
2010/2127(REG)
Parliament's Rules of Procedure
Rule 90 – paragraph 1
Rule 90 – paragraph 1
1. When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, including agreements in specific areas such as monetary affairs or trade, the committee responsible may decide to draw up a report or otherwise monitor the procedure and inform the Conference of Committee Chairs of that decision. Where appropriate, other committees may be asked for an opinion pursuant to Rule 49(1). Rules 188(2), 50 or 51 shall apply where appropriate. The Chairs and rapporteurs of the committee responsible and of any associated committees shall jointly take appropriate action to ensure that the Commission provides Parliament with full information about the recommendations for a negotiating mandate, if necessary on a confidential basis, and with the information referred to in paragraphs 3 and 4.Parliament is provided with immediate and full information, if necessary on a confidential basis, concerning, in particular, the draft negotiating directives and the adopted negotiating directives, and with the information referred to in paragraphs 3 and 4: - by the Commission in accordance with its obligations under the Treaty on the Functioning of the European Union and its commitments under the Framework Agreement, and - by the Council in accordance with its obligations under the Treaty on the Functioning of the European Union,
Amendment 20 #
2010/2127(REG)
Parliament's Rules of Procedure
Rule 91
Rule 91
Where the Commission and/or the Council are under an obligation to, in accordance with its obligations under the Treaty on the Functioning of the European Union and the Framework Agreement, informs Parliament immediately and fully, in accordance with Article 218(10) of the Treaty on the Functioning of the European Unionand the Council of its intention to propose the provisional application or suspension of an international agreement, a statement shall be made in Parliament, followed by a debate. Parliament may issue recommendations pursuant to Rrule 90 or 97. The same procedure shall apply when the Commission informs Parliament of a proposal concerning the positions to be adopted on the Union's behalf in a body set up by an international agreement.
Amendment 21 #
2010/2127(REG)
Parliament's Rules of Procedure
Annex II – part A – paragraph 3
Annex II – part A – paragraph 3
3. A question shall be inadmissible if an identical or similar question has been put down and answered during the preceding three months, or to the extent that it merely seeks information on the follow-up to a specific resolution of Parliament of a kind which the Commission has already provided in a written follow-up communication, unless there are new developments or the author is seeking further information. In the first case a copy of the question and the answer shall be given to the author.
Amendment 22 #
2010/2127(REG)
Parliament's Rules of Procedure
Annex III – paragraph 3
Annex III – paragraph 3
3. If an identical or similar question has been put and answered during the preceding six months, or to the extent that a question merely seeks information on the follow-up to a specific resolution of Parliament of a kind which the Commission has already provided in a written follow-up communication, the Secretariat shall transmit a copy of the previous question and answer to the author. The renewed question shall not be forwarded to the addressee unless the author invokes new significant developments or is seeking further information.
Amendment 23 #
2010/2127(REG)
Parliament's Rules of Procedure
Annex VIII – part A – paragraph 5
Annex VIII – part A – paragraph 5
5. Penalties: In cases of infringement, the chair of the committee shall, after consulting the vice-chairs, lay down in a reasoned decision the penalties to be applied (reprimand, exclusion from the committee for a shorter or longer period or permanently). The member concerned may lodge an appeal without suspensory effect against this decision. This appeal shall be considered jointly by the Conference of Presidents of the European Parliament and the bureau of the committee concerned. Their majority decision shall be final. If it is proved that an official has failed to respect confidentiality, the penalties for which the Staff Regulations provide shall apply proceed in accordance with Rules 9(2), 152, 153 and 154.
Amendment 120 #
2010/0074(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraphs 1 a and 1 b (new)
Article 3 – paragraph 1 – subparagraphs 1 a and 1 b (new)
The organisers shall form a citizens' committee of at least seven persons who are residents of at least three Member States. The organisers shall designate one representative and one substitute, who shall perform a liaison function between the citizens' committee and the institutions of the European Union throughout the procedure and who shall be mandated to speak and act on behalf of the citizens' committee.
Amendment 192 #
2010/0074(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Deadline for submission of a proposal by the Commission Where, under the examination procedure provided for in Article 11, the Commission decides to submit a legislative proposal, it shall, save in duly substantiated cases, do so within twelve months.
Amendment 24 #
2010/0051(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The examination procedure should only apply for the adoption of measures of general scope designed to implement basic acts and specific measures with a potentially important impact. That procedure should provide for the control of theprovide for a control method which enables Member States in such a wayto ensure that measures cannot be adopted if they are not in conformity with the opinion of the committee, except in very exceptional circumstances, where the Commission should be able, in spite of a negative opin. The absence of an opinion from the committee shall have the same effect as a negative opinion where such absence is the result of circumstances for which its members are not responsible. It should, however, be possible, in very exceptional circumstances to be defined in the basic act, for the Commission, to adopt and apply measures for a limited period of time. The Commission should be able to review the draft measures in the event that no opinion is delivered by the committee, taking into account the views expressed within the committee.
Amendment 32 #
2010/0051(COD)
Proposal for a regulation
Article 5 – paragraphs 3, 3a (new), 3b (new)
Article 5 – paragraphs 3, 3a (new), 3b (new)
3. If the draft measures are not in accordance with the opinion of the committee, the Commission shall not adopt those measures. 3a. The Commission shall not adopt measures in cases where the non-adoption of an opinion arises from circumstances for which the committee's members are not responsible. Any decision on the effects of non-adoption shall be taken by the committee pursuant to paragraph 1 above. 3b. The chairperson may submit to the committee the draft measures for further deliberation or submit an amended version of the draft measures.
Amendment 35 #
2010/0051(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. By derogation from paragraph 3, if the Commission may adopt draft measures which are not in accordance with the opinion of the committee, or in the circumstances described in paragraph 3a, the Commission may adopt those measures temporarily for a period not exceeding 42 days, where their non- adoption within an imperative deadline would create a significant disruption of the markets in agriculture or a risk for the security or safety of humans or for the financial interests of the Union in the sense of Article 325 of the Treaty on the Functioning of the European Union. In such a case the Commission shall immediately inform the committee of its reasons for adopting the measures and mayshall submit them to a second deliberation of the committee. If the measures adopted are not in accordance with the second opinion of the committee, or if the measures have not been submitted to a second deliberation within a month after their adoption, the Commission shall repeal the measures forthwith. If the measures are in accordance with the second opinion of the committee, or if no opinion is delivered, those measures shall remain in forcose measures or an amended version of them to a second deliberation of the committee. The measures shall only remain in force if the committee adopts a favourable opinion within 42 days, failing which they shall lapse.
Amendment 36 #
2010/0051(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In the case of the examination procedure, where the measures are not in accordance with the opinion of the committee pursuant to Article 5(3), the Commission shall repeal(3a) and (3b), the measures adopted in accordance with paragraph 2 shall lapse after one month.
Amendment 37 #
2010/0051(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. By way of derogation from paragraph 4, the Commission may maintain the measures in force on grounds related to the protection of the environment or of the health or safety of humans, animals or plants, the conservation of marine resources, for security and safety reasons, or to avoid disruption or threat of disruption of the markets. In those cases, the chairperson shall without delay either resubmit to the committee the same measures for a second deliberation orimmediately submit an amended version of the measures. The measures referred to in paragraph 2 shall remain in force until they are repealed or replaced by another implementing act. for a period of up to 42 days following the initial negative opinion of the committee or the non- delivery of an opinion considered equivalent to a negative opinion pursuant to Article 5(3a).
Amendment 16 #
2009/2212(INI)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Where alleged contraventions or maladministration in the implementation of Union law involve possible responsibility on the part of a body or authority of a Member State, the committee of inquiry may ask the Parliament of the Member State concerned to cooperate in the investigation. To that end, the European Parliament may conclude interparliamentary agreements with the Parliaments of the Member States.
Amendment 5 #
2009/2142(INI)
1. Urges the Commission, on the basis of the political agreement embodied in the resolution of 9 February 2010 on a framework agreement between the European Parliament and the Commission, to make every effort to ensure that Parliament and the Council are treated as equals in the law- making process, thus enacting the principle of equal treatment between Parliament and the Council deriving from the Treaty of Lisbon, in particular by simultaneously notifying both institutions of all events and developments affecting that process and ensuring equal access to meetings and to proposals or other information;
Amendment 6 #
2009/2142(INI)
2. Calls on the Commission to lose no time in making, in cooperation with Parliament, the legal and organisational arrangements required in order to enable EU citizens to exercise their right, as recognised in Article 11 of the Treaty of Lisbon, to initiate legislation;
Amendment 8 #
2009/2142(INI)
3. Urges the Commission to give an undertaking regarding the deadlines by which it will meet requests made by Parliament pursuant to Article 225 of the Treaty on the Functioning of the European Union, with specific reference to the commitment under the framework agreement to draw up a report on the follow-up to all legislative initiative requests over the three months following adoption of a legislative initiative report and to submit a legislative proposal within a year at the maximum;
Amendment 23 #
2009/2134(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. (i) Determines that Parliament will initiate a proposal for a decision establishing the redistribution of the 751 seats among States, if justified objectively by figures established by Eurostat before every election; this decision should be adopted before the end of the fourth calendar year of the parliamentary term, (ii) Proposes to enter into a dialogue with the European Council to explore the possibility of reaching agreement on a durable and transparent mathematical formula all strictly respect the principle of degressive proportionality and should be adopted before the apportionmentd of seats in Parliament respecting the fourthe criteria laid down in the Treaties and the principles of plurality between political parties and solidarity among Statesalendar year of the parliamentary term;
Amendment 39 #
2009/2134(INI)
Motion for a resolution
Paragraph 11 – point (i)
Paragraph 11 – point (i)
(i) Calls for the opening of a dialogue with the Council, with the participation of the Commission, on the issues raised in this resolution and on any other matter germane to the electoral procedure of the Parliament; notes the need to reach consensus in particular on the timing of the reforms, the overall size of the Parliament and seat apportionment within it (including a legal definition of degressive proportionality), and the voting system to be used for the pan-European constituency,
Amendment 40 #
2009/2134(INI)
Motion for a resolution
Paragraph 11 – point (ii)
Paragraph 11 – point (ii)
Amendment 47 #
2009/2134(INI)
Motion for a resolution
Recital Q
Recital Q
Q. the redistribution of parliamentary seats among States needs to take place on a regular basis in order to reflect demographic change in the resident populations of the States and to respect strictly respect the principle of degressive proportionality; it may be possible to reach agreement on an apolitical, mathematical formula which would respect the criteria laid down in the Treaties and spelt out in the Act1,
Amendment 76 #
2009/2134(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Proposes that a redistribution of the existing 751 seats among States will take place, if justified objectively by figures established by Eurostat, based on the total resident population, before every election; the redistribution will be made in accordance with a mathematical formula respecting the criteria laid down in the Treaties, and will be announced at least twelve months before the end of the mandate;
Amendment 99 #
2009/2134(INI)
Article 14 – paragraph 2
2. The European Parliament shall be composed of representatives of the Union's citizens. 2a. Theyre shall not exceedbe seven hundred and fifty in number, plus the Presidentone seats allocated to constituencies established in the Member States. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats. The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraphdistribution of those seats among the States shall be reviewed regularly. Not later than twelve months before the end of the mandate of each Parliament the European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision on the redistribution of seats. 2b. In addition, there shall be twenty-five seats allocated to a single constituency comprising the entire territory of the Union.
Amendment 115 #
2009/2134(INI)
Article 2 a (new)
Article 2a For the purposes of distributing seats between Member States in accordance with the principle of degressive proportionality pursuant to Article 14(2a) of the Treaty on European Union, the ratio between the population and the number of seats of each State must vary in relation to their respective populations in such a way that each Member from a more populous State represents more citizens than each Member from a less populous State and also, conversely, that no less populous State has more seats than a more populous State.
Amendment 179 #
2009/0157(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Amendment 181 #
2009/0157(COD)
Proposal for a regulation
Article 16
Article 16
Unless otherwise provided for in this Regulation, the law applicable to the succession as a whole shall be thate law of the State in which the deceased had their habitual residence at the time of twas habitually resident at the time of his or her death and had also been resident for a period of not less than four years immediately preceding his or heir death.
Amendment 186 #
2009/0157(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
In all other cases the law applicable to the succession to the estate of a deceased person as a whole shall be the law of the State of which he or she was a national at the time of death. That law shall also be applicable if the deceased was habitually resident in more than one State at the time of death.
Amendment 187 #
2009/0157(COD)
Proposal for a regulation
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
Where, by way of exception, it is clear from all the circumstances of the deceased that at the time of his or her death he or she was manifestly more closely connected with a State other than the State the law of which would otherwise be applicable under this article, the law applicable to his or her succession shall be the law of that other State.
Amendment 1 #
0000/2013(INI)
Motion for a resolution
Citation 3
Citation 3
having regard to Articles 11, 12(2) and 39 of the Charter of Fundamental Rights,
Amendment 3 #
0000/2013(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
having regard to Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals,
Amendment 4 #
0000/2013(INI)
Motion for a resolution
Citation 5
Citation 5
having regard to Council Directive 2013/1/EU of 20 December 2012 amending Directive 93/109/EC as regards certain detailed arrangements for the exercise of the right to stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals,
Amendment 13 #
0000/2013(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the 2014 elections to the European Parliament will be the first to take place following the entry into force of the Lisbon Treaty, providing a key opportunity to adopt measures to increase the transparency of said elections and strengthen their European dimension;
Amendment 14 #
0000/2013(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the major European political parties appear ready to nominate their own candidates for the Presidency of the Commission, in the expectation that those candidates will play a leading role in the parliamentary electoral campaign, in particular by personally presenting their political programme in all the EU Member States;
Amendment 20 #
0000/2013(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas electoral campaigns continue to focus primarily on national issues, pushing debate on specifically European issues into the background, which has a negative impact on the level of participation in elections to the European Parliament;
Amendment 24 #
0000/2013(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas perception of the European dimension of the elections to the European Parliament is obscured by the fact that they take place on different dates in the various Member States;
Amendment 36 #
0000/2013(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges Member States to see that the names and emblems of the European political parties appear on the ballot paper alongside their respective lists of candidates;
Amendment 61 #
0000/2013(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges political parties to include on their electoral lists European citizens of other nationalities residing in their Member State;
Amendment 65 #
0000/2013(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists that, pursuant to Article 10(2) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, no result be published in any Member State until 20h00 CET on Sunday 25 May 2014, after all polling stations have closed in all the Member States;
Amendment 71 #
0000/2013(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Member States to agree that the period during which the elections may take place, as defined under Article 10(2) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, shall not be extended beyond 20h00 CET on Sunday 24 May 2014;
Amendment 75 #
0000/2013(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers it important, in order to create a genuinely European political environment, to set a common date for elections to the European Parliament, with all polling stations closing at the same time;
Amendment 78 #
0000/2013(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Urges the Member States to give immediate consideration to the possibility of setting a single date for the 2014 European elections;