35 Amendments of Giancarlo SCOTTÀ related to 2018/0136(COD)
Amendment 27 #
Proposal for a regulation
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The Committee on Civil Liberties, Justice and Home Affairs calls on the Committees on Budgets and on Budgetary Control, as the committees responsible, to propose a rejection of the Commission proposal.
Amendment 29 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of the Union's budget in case of generalised deficiencies as regardsoccurred determination of the existence of a serious and persistent breach of the rule of law in theby a Member States
Amendment 40 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The Commission´s interference in the Member States´ internal affairs is misleadingly presented as protecting the Union´s financial interests.
Amendment 44 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) The Treaty defines the Commission as an impartial referee: the Commission however sees itself as a political body, thereby jeopardizing the EU.
Amendment 62 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Reaffirms its commitment to the overriding principles of cultural identity and national sovereignty, principles that form an indivisible whole with the principle of freedom.
Amendment 72 #
Proposal for a regulation
Recital 11
Recital 11
(11) Generalised deficiencies in the Member States as regards the rule of lawSerious and persistent breaches of the rule of law by a Member State which affect in particular the proper functioning of public authorities and effective judicial review, can seriously harm the financial interests of the Union.
Amendment 74 #
Proposal for a regulation
Recital 12
Recital 12
(12) The identifictermination of a generalised deficiencythe existence of a serious and persistent breach of the rule of law requires a qualitative assessment by the Commission. That assessment could be based on the information from all available sources and recognized institutions, including judgments of the Court of Justice of the European Union, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations and networks, such as the bodies of the Council of Europe and the European networks of supreme courts and councils for the judiciary.
Amendment 80 #
Proposal for a regulation
Recital 13
Recital 13
(13) The possible measures to be adopted in the event of generalised deficienciesoccurred determination of the existence of a serious and persistent breach of the rule of law by a Member State which affects the financial interests of the Union and the procedure to be followed to adopt them should be determined. Those measures should include the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients.
Amendment 84 #
Proposal for a regulation
Recital 14
Recital 14
(14) The principle of proportionality should apply when determining the measures to be adopted, in particular taking into account the seriousness of the situation, the time which has elapsed since the relevant conduct started, its duration and its recurrence, the intention, and the degree of cooperation of the Member State concerned in putting an end to the generalised deficiency as regardsserious and persistent breach of the rule of law, and the effects of that deficiencybreach on the respective Union funds.
Amendment 87 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, reversed qualified majority voting should be used under Article 7(3) and 7(4) TEU.
Amendment 91 #
Proposal for a regulation
Recital 16
Recital 16
(16) Before proposing and proceeding with the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned why it considers that a generalised deficiency regarding the rule of law might exist in that Member State. The Member State should be allowed to submit its observations. The Commission and the Council should take those observationsand the Council should take the observations submitted by the Member State concerned into account.
Amendment 92 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Council should vary or lift measures with suspensive effect on a proposal from the Commission, if the situation leading to the imposition of those measures has been sufficiently remedied.
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the rules necessary for the protection of the Union’s budget in the case of generalised deficiencies as regardsoccurred determination of the existence of a serious and persistent breach of the rule of law in theby a Member States.
Amendment 97 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) 'generalised deficiency as regards the rule of law' means a widespread or recurrent pracserious and persistent breach of the rule of law' means the occurred determination, pursuant to Article or omission, or measure by public authorities which affects the rule of law7(2) TEU, of the existence of a serious and persistent breach of the rule of law by a Member State;
Amendment 102 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Appropriate measures shall be taken where a generalised deficiency as regardsIn the event it decides to act according to Article 7(3) TEU, the Council may take appropriate measures pursuant to this Regulation where a serious and persistent breach of the rule of law inby a Member State affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union, in particular:.
Amendment 108 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 110 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 112 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 116 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 118 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 119 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 (new)
Article 4 – paragraph 2 – subparagraph 1 (new)
The additional national budgetary resources needed to fulfil the obligation referred to in the previous subparagraph shall not be counted for the purposes of the Stability and Growth Pact.
Amendment 137 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The measures taken shall be proportionate to the nature, gravity, persistence and scope of the generalised deficiency as regards the rule of law. They shall, insofar as possible, target the Union actions affected or potentiallybreach of the rule of law. They shall exclusively target the financial interests of the Union affected by that deficiencybreach.
Amendment 139 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 144 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 145 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 147 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The Commission shall takesubmit to the Council a proposal for a decision on the appropriate measures taking into account the information received and any observations made by the Member State concerned, as well as the adequacy of any proposed remedial measures, when deciding whether or not to submit a proposal for a decision on the appropriate measures.
Amendment 149 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 155 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 160 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The Council, acting by a qualified majority, may amend the Commission’s proposal and adopt the amended text as a Council decision. pursuant to the procedure set out in Article 7(3) TEU.
Amendment 161 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 162 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Member State concerned may, at any time, submit to the Commission evidence to show that the generalised deficiency as regardsserious and persistent breach of the rule of law has been remedied or has ceased to exist.
Amendment 164 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall assess the situation in the Member State concerned. Once the generalised deficiencies as regardsserious and persistent breach of the rule of law which on the grounds of which the appropriate measures were adopted ceases to exist in full or in part, the Commission shall submit to the Council a proposal for a decision varying or lifting those measures in full or in part. The procedure set out in paragraphs 2, 4, 5, 6 and 7 of Article 5 shall applyCouncil may amend the Commission’s proposal and adopt the amended text as a Council decision pursuant to the procedure set out in Article 7(4) TEU.