11 Amendments of Marie TOUSSAINT related to 2023/2080(INI)
Amendment 1 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the European Parliament resolution of 9 June 2016 for an open, efficient and independent European Union administration;
Amendment 2 #
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to its resolution of 7 July 2022 on Better regulation: Joining forces to make better laws,
Amendment 8 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 18 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, under the Von der Leyen Commission, the total new infringement actions taken by the Commission fell from 903 cases in 2020 to 551 in 2022; stresses that the total infringement actions in relation to the single market – excluding case closures – is worryingly lower than under the Barroso and Juncker commissions; understands the importance of dialogue between the Commission and the Member States at the pre-litigation stage; considers, however, that relying almost exclusively on dialogue and informal diplomacy can lead to either political horse trading with Member States or to the application of double-standards on the part of the Commission; regrets therefore that the Commission seems reluctant to bring actions against Member States before the CJEU where it is appropriate; calls on the Commission to further clarify how it prioritises serious breaches of EU law and, to flesh out its selection criteria, and to provide legal clarification on key concepts related to its monitoring action on the enforcement of EU law like “issue of wider principles” and “systematic failure to enforce EU law”; recommends that the Commission shorten the dialogue period and not shy away from litigation;
Amendment 20 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers key for the full protection of citizens’ rights a rapid action to put an end to EU law’s violations by Member States, especially in environmental matters, by adopting a shorter and clear timeframe and strengthening legal rules on infringement procedures as well as on the deferral of a matter to the Court of Justice of the EU in case of persistent violation of EU law; is concerned about the huge amount of ongoing infringement procedures kept stalled for many years in the pre- contentious phase by the European Commission, with no referral to the CJEU for the concerned Member States, despite their persistent failure to uphold the related EU law or to correctly transpose EU law's provisions within their respective national legal system;
Amendment 22 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Strongly believes that CJEU’s judgments must be implemented to the fullest extent by the Member States; underlines that a superficial implementation, followed by the introduction of new laws and policies suffering the same deficits as identified earlier by the CJEU, must be sanctioned through the launching of infringement procedures;
Amendment 30 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States to act jointly and consistently on problems related to ‘gold- plating’; notes that, while additional unnecessary administrative burdens should be avoided and should even be decreased in order to prevent fragmentation of the single market, Member States mayMember States to avoid adding unnecessary additional administrative or compliance burdens when transposing EU legislation; stresses however that, while additional unnecessary administrative burdens should be avoided in designing, transposing and implementing EU acts, this should not be translated into deregulation or “no- regulation” nor prevent Member States from maintaining or takeing more ambitious measures in cases where only minimum standards have been defined by Union law; calls on the Commission, in this regard, to come up with specific guidelines for Member States to prevent unnecessary gold-plating, including a template for a ‘gold-plating test’ focusing on and adopting higher social, environmental, climate and consumer protection standards in cassessing the necessity, proportionality, and feasibility of more ambitious national standards compared to relevant EU legislation and national legislation of o where only minimum standards are defined by Union law; supports the Commission’s request to ther Member States, as well as on the potential effects of such standards on the national business climate, with the goal of preventing competitive disadvantages and ensuring harmonised rules for businesses to report when they choose to add elements that do not stem from EU legislation;
Amendment 37 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that, in order to reduce the problems related to gold-platingtransposition at national level, Parliament, the Council and the Commission should focus on adopting EU legislation drafted using the principles of legal clarity, transparency and legal certainty, with a view to being easily transposable and having a specific European added value; regrets that, all too often, EU law-making resorts to ambiguous compromises between the three institutions and loses sight of the ultimate end users (citizens, Member States or businesses); stresses that Union law needs to clearly establish the rights and obligations of its addressees, particularly the EU institutions and the Member States;
Amendment 40 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the lack of a coherent and comprehensive set of codified rules on good administration applicable across the Union makes it difficult for citizens and businesses to easily and fully understand their rights under Union law; emphasises, therefore, that codifying rules on good administration as a regulation setting out the various aspects of administrative procedures – including notifications, binding time limits, the right to be heard and the right for every person to have access to their file – would be tantamount to reinforcing citizens’ rights and transparency; believes that this regulation would increase the effectiveness, efficiency and capacity of public administrations and services, and in this regard respond to the need for investment and reform in the European Union;
Amendment 42 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Reiterates its call for the adoption of a regulation on an open, efficient and independent EU administration under Article 298 TFEU, and notes that there Commission has not come forward with a proposal following up on this request; calls on the Commission once again, therefore, to come forward with a legislative proposal on a European law of administrative procedure, taking into account the steps taken so far by Parliament in this field;
Amendment 47 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Expresses concern at the serious gaps in the transposition and application of EU environmental, climate and energy laws, particularly in the area of waste management and disposal, energy efficiency, the loss of biodiversity, the over-exploitation of natural resources and protected areas, the inadequate treatment of urban wastewater and air pollution, which also have serious impacts on human health and on the right to a healthy environment; to this regard, calls on the Commission to firmly guarantee the swift, complete and correct transposition of all EU environmental directives in all Member States;