2017/2273(INI) | [ParlTrack]

Draft opinion
Recital -A (new)

-A. having regards to the Directive 79/7/EEC of 19 December 1978 obliging Member States to progressively implement the principle of equal treatment for men and women in matters of social security,

Amendment 10 #

Draft opinion
Recital A a (new)

A a. whereas, the objectives of the Articles 2 and 3 (3) are also enshrined in Article 21 of the Charter of Fundamental Rights;

Amendment 11 #

Draft opinion
Recital A b (new)

A b. whereas equality between women and men is a fundamental value and right enshrined in the Treaty on European Union and the Charter of Fundamental Rights; whereas the European Union’s objective should be to reassure and promote equal opportunities and treatment for all and to combat all discrimination based on gender;

Amendment 12 #

Draft opinion
Recital A c (new)

A c. whereas Article 157 TFEU allows and Article 19 TFEU enables legislation to combat all forms of discrimination, including on the basis of gender;

Amendment 13 #

Draft opinion
Recital A d (new)

A d. whereas the European Union and the Member States have committed themselves, in Declaration No 19 annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, ‘to combat all kinds of domestic violence […], to prevent and punish these criminal acts and to support and protect the victims’;

Amendment 14 #

Draft opinion
Recital A e (new)

A e. whereas EU legislation against trafficking in human beings, in particular women and children, has been adopted on the basis of Articles 79 and 83 TFEU, and the Rights, Equality and Citizenship programme finances, among others, measures contributing to the eradication of violence against women, based on Article 168 TFEU;

Amendment 15 #

Draft opinion
Recital A f (new)

A f. whereas EU directives focused on gender equality in particular, are not properly implemented in a number of Member States, leaving unprotected against discrimination in the areas of access to employment and access to goods and services people of different genders;

Amendment 16 #

Draft opinion
Recital A g (new)

A g. whereas gender-based discrimination intersects with other types of discrimination, as for example discrimination on grounds of race and ethnicity, religion, disability, health, gender identity, sexual orientation, age and/or socio-economic conditions;

Amendment 17 #

Draft opinion
Recital A h (new)

A h. whereas 33 % of women in the EU have experienced physical and or sexual violence and 55 %have been sexually harassed, 32 % in the workplace; whereas women are particularly vulnerable to sexual, physical and online violence, cyber bullying and stalking; whereas more than half of female murder victims are killed by an intimate partner, relative or family member; whereas violence against women is one of the world’s most widespread human rights violations, regardless of age, nationality, religion, education, financial and social status, representing a major hindrance to equality between women and men; whereas the phenomenon of femicide is not decreasing in Member States;

Amendment 18 #

Draft opinion
Recital A i (new)

A i. whereas the EU LGBT survey found that lesbian, bisexual and transgender women face a huge risk of discrimination on the basis of their sexual orientation or gender identity; whereas 23 % of lesbian women and 35 % of transgender persons had been physically/sexually attacked or threatened with violence at home or elsewhere (in the street, on public transport, at the workplace, etc.)at least once in the last five years;

Amendment 19 #

Draft opinion
Recital A j (new)

A j. whereas when coming to the application and enforcement of EU gender equality law in the Member States, it has been found to carry specific problems related to the transposition and application of the relevant directives, such as substantive deficiencies in legislation and its inconsistent application by national courts;

Amendment 2 #

Draft opinion
Recital -A a (new)

-A a. having regards to the Directive 92/85/EEC of 19 October 1992 introducing measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding,

Amendment 20 #

Draft opinion
Recital A k (new)

A k. whereas institutions and mechanisms for gender equality are often marginalised in national governmental structures, divided in different policy areas, hampered by complex mandates, lacking adequate staff, training, data and sufficient resources, and experience insufficient support from political leadership;

Amendment 21 #

Draft opinion
Recital A l (new)

A l. whereas there is an persisting issue of a lack of gender related-data creates, a short-fall causing ambiguities and contorts the reality around the status of gender equality, specially in terms of gender-based violence and violence against women;

Amendment 22 #

Draft opinion
Recital A m (new)

A m. whereas according to the 2017 European network of legal experts in gender equality and non-discrimination´s comparative analysis of non- discrimination law in Europe, in the vast majority of countries serious concerns still persist around perception and awareness, as individuals are often not informed of their rights to protection against discrimination and of protection mechanisms. whereas, according to this analysis, in relation to enforcement of the EU antidiscrimination directives, further issues of concern such as the lack of (or too restrictive) legal standing of organisations and associations to engage in proceedings on behalf or in support of victims of discrimination, restrictive application of the shift of the burden of proofas well as a number of barriers to effective access to justice have arisen and serve as on obstacle for the citizens to fully enjoy and protect their rights deriving from the provisions of the anti- discrimination law;

Amendment 23 #

Draft opinion
Recital A n (new)

A n. whereas the EIGE2017 Gender Equality Index shows only marginal improvements: the EU remains long way towards achieving gender equality, with the overall score 66.2 out of100 now, just four points higher than ten years ago;

Amendment 24 #

Draft opinion
Recital A o (new)

A o. whereas in decision-making gender equality data showed improve by nearly 10 points over the past decade to reach 48.5, yet it still has the lowest score. whereas this backlash largely reflects the uneven representation of women and men in politics and marks a democratic deficit in EU governance;

Amendment 25 #

Draft opinion
Recital A p (new)

A p. whereas Eurofound’s report on the gender employment gap estimates that the gender employment gap is costing the EU around EUR 370 billion per year, corresponding to 2,8 % of EU GDP;

Amendment 26 #

Draft opinion
Recital A q (new)

A q. whereas according to Eurofound’s Working Condition Survey, the composite indicator of paid and unpaid working time shows that when the paid and unpaid working hours are computed, women work for longer hours;

Amendment 27 #

Draft opinion
Recital A r (new)

A r. whereas, despite the fact that women attain on average a higher level of education than men, the EU-average gender pay gap remained at 16,3 %in 2015;

Amendment 28 #

Draft opinion
Recital A s (new)

A s. whereas, despite the EU’s commitment to gender equality indecision-making, the management boards of EU agencies are seriously lacking in gender balance, and show persisting patterns of gender segregation;

Amendment 29 #

Draft opinion
Recital A t (new)

A t. whereas the feminisation of poverty is a fact in the EU and whereas the proper and full application and enforcement of EU equality and gender equality laws should go hand in hand with policies targeting the very high rates of unemployment, poverty and social exclusion among women, phenomena that are closely linked to budget cuts to public services, such as healthcare, education, social services and welfare benefits; whereas lack of equality policies and implementation of gender and equality law further endangers women and increases the risk of poverty and social marginalisation by excluding them from the labour market;

Amendment 3 #

Draft opinion
Recital -A b (new)

-A b. having regards to the Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between women and men in the access to and supply of goods and services,

Amendment 30 #

Draft opinion
Recital B

B. whereas proper implementation of the existing legislation is essential for advancing equality between women and men; whereas even though the Recast Directive 2006/54/EC clearly prohibits both direct and indirect pay discrimination, the gender pay gap was still of 16.3% in 2015;

Amendment 31 #

Draft opinion
Recital C

C. whereas ~~it is of vital importance to take into account~~ the principle of gender equality ~~between women and men whil~~needs to be an essential part in the monitoring of the application of existing EU legislation;

Amendment 32 #

Draft opinion
Recital C a (new)

C a. Whereas collection of data, possibly disaggregated by sex, is substantially important to check the progress made so far in respect to the application of the EU law;

Amendment 33 #

Draft opinion
Paragraph 1

1. Highlights that equality between women and men is a~~n EU objective that ought to be promoted~~ core principle of the EU which needs to be mainstreamed in all policies;

Amendment 34 #

Draft opinion
Paragraph 1 a (new)

1 a. Underlines the fundamental role the rule of law has in terms of legitimacy of any form of democratic governance; Highlights that this is a cornerstone of the Union legal order and as such is consistent with the concept of a Union based on the rule of law;

Amendment 35 #

Draft opinion
Paragraph 1 b (new)

1 b. Reiterates that the Commission has been appointed with the role of the “guardian of the Treaties”, according to Article 17 TEU and that in this context the Commission has the power and duty to monitor the implementation of EU law and to bring infringement proceedings against a Member State that has failed to meet the obligations foreseen under the Treaties;

Amendment 36 #

Draft opinion
Paragraph 1 c (new)

1 c. Recalls that the principle of equality -in terms of equal pay for equal work- has been enshrined in the European Treaties since 1957 (Article 157TFEU) and highlights that Article 153 TFEU allows the EU to act in the wider area of equal opportunities and equal treatment in matters of employment and occupation;

Amendment 37 #

Draft opinion
Paragraph 1 d (new)

1 d. Undertones the Commission’s role in monitoring the application of EU law and submitting its annual report to Parliament and the Council; Calls the Commission to further enrich its monitoring role and to incorporate indicators, such as gender, into the monitoring process and the various tools aiming to improve EU law implementation, enforcement and compliance in the Member States;

Amendment 38 #

Draft opinion
Paragraph 1 e (new)

1 e. Stresses the need for more comprehensive, reliable, gender- disaggregated data that would allow for a clear picture of the status of equality in EU, but would also draw attention to issues of immediate concern and complement a better monitoring of the implementation of EU law, and especially the equality and anti-discrimination law;

Amendment 39 #

Draft opinion
Paragraph 2

2. Points out that the proper implementation and application of EU law is essential to delivering the EU policy in terms of ~~the~~ principle of equality between women and men enshrined in the Ttreaties and for encouraging and fostering mutual trust between the public institutions both at EU and national level as well as between institutions and citizens, while trust and legal certainty both serve as a basis for good cooperation and effective application of EU law;

Amendment 4 #

Draft opinion
Recital -A c (new)

-A c. having regards to the Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC,

Amendment 40 #

Draft opinion
Paragraph 3

3. ~~Points out that non-~~Recognises that the primary responsibility for the correct implementation~~, improper~~ and application ~~and lack of enforcement of the existing EU legislation in the area of equality between women and men affects the efficiency of the Union~~of EU law lies with the Member States, but this does not absolve the EU institutions of their duty to respect primary EU law when they produce secondary EU law; uUnderlines that the EU institutions and Member States have the responsibility to ensure its implementation and enforcement; Points out that non- implementation, improper application and lack of enforcement of the existing EU legislation in the area of equality between women and men affects the efficiency of the Union;

Amendment 41 #

Draft opinion
Paragraph 3

3. Points out that non-implementation, improper application and lack of enforcement of the existing EU legislation in the area of equality between women and men affects the efficiency and credibility of the Union; underlines that the EU institutions and Member States have the responsibility to ensure its implementation and enforcement;

Amendment 42 #

Draft opinion
Paragraph 3 a (new)

3 a. Reminds the Member States and the EU institutions that ensuring timely and proper application of the legislation in the Member States remains a priority for the EU; Stresses the importance of upholding the principles of conferral, subsidiarity and proportionality, pursuant to Article 5 TEU, as well as equality before the law in view of better monitoring of the application of EU law; Recalls the importance of raising awareness of the provisions of the existing directives tackling various aspects of principle of equality between women and men and delivering it in practice;

Amendment 43 #

Draft opinion
Paragraph 3 b (new)

3 b. Calls on the Member States to increase their efforts for the timely transposition and implementation of the law which would implement equality between women and men in practice;

Amendment 44 #

Maria Gabriela ZOANĂ

Draft opinion
Paragraph 4

4. Underlines that failure to ensure timely and correct transposition of the existing EU legislation addressing the principles of equal opportunities for and equal treatment of men and women in matters of education, employment and occupation, equal pay for equal work, and equal treatment of women and men in access to and the supply of goods and services, and the existing provisions to improve work- life balance and to end all forms of violence against women and girls ultimately deprives citizens and businesses of the benefits to which they are entitled under EU law.;

Amendment 45 #

Draft opinion
Paragraph 4 a (new)

4 a. Underlines the impact that effective application of EU law has on strengthening the credibility of the European institutions; Therefore considers the Annual report published by the European Commission, the right to Petition and the ECI important tools in order for the EU legislators to identify possible loopholes;

Amendment 46 #

Draft opinion
Paragraph 4 a (new)

4 a. Recognises the importance to collect data, possibly disaggregated by sex to see progress in advancing women’s rights;

Amendment 47 #

Draft opinion
Paragraph 4 a (new)

4 a. Stresses that infringement procedures are a valuable tool to ensure the correct implementation of EU law;

Amendment 48 #

Draft opinion
Paragraph 4 b (new)

4 b. Reiterates that with the entry into force of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union has become a binding set of EU fundamental rights and that the Charter prohibits discrimination on any ground, without limiting this prohibition to any specific fields and is addressed to the EU institutions, bodies, offices and agencies and to the Member States when they are implementing Union law;

Amendment 49 #

Draft opinion
Paragraph 4 b (new)

4 b. Calls on the Member States to tackle the rise of trafficking in human beings for the purpose of labour exploitation and trafficking for the purpose of sexual exploitation as it is still the most widespread form of human trafficking;

Amendment 5 #

Draft opinion
Recital -A d (new)

-A d. having regards to the Directive 2010/41/EC of 7 July 2010 laying down objectives for the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self- employed women during pregnancy and motherhood, and repealing Council Directive 86/613/EEC,

Amendment 50 #

Draft opinion
Paragraph 4 c (new)

4 c. Notes with appreciation to the CJEU that the broad interpretation of the concept of equal pay for equal work, as articulated by the Court and its extensive case law on this article have certainly broadened the possibilities to combat both direct and indirect sex pay discrimination and to narrow the gender pay gap, yet more remain to be done in order to eliminate the persisting gender-pay gap in EU;

Amendment 51 #

Draft opinion
Paragraph 4 c (new)

4 c. Regrets the failure to adopt and implement EU legislation which would properly tackle working conditions and working hours, work on public holidays and Sundays without break and rest periods; points out that this lack of uniformed law makes it difficult to achieve any work-life balance, which has a special effect on women and their position on the labour market;

Amendment 52 #

Draft opinion
Paragraph 4 d (new)

4 d. Reiterates the importance for gender equality mainstreaming that was aimed to achieved with Directives such as 75/117/EEC (on equal pay for men and women ), the Directive 76/207/EEC, amended by Directive 2002/73/EC (on equal treatment of men and women in employment ), the Directive 79/7/EEC (on equal treatment of men and women in statutory schemes of social security ), the Directive 86/378/EEC, amended by Directive 96/97/EC (on equal treatment of men and women in occupational social security schemes ), the Directive 86/613/EEC, repealed by Directive 2010/41/EU (on equal treatment of men and women engaged in an activity, including agriculture, in a self-employed capacity ), the Pregnant Workers’ Directive (92/85/EEC), the Parental Leave Directive (96/34/EEC, repealed by Directive 2010/18/EU), the Directive on equal treatment of men and women in the access to and the supply of goods and services(2004/113/EC) and, finally, the so-called Recast Directive (2006/54/EC) and stresses the need recasting existing directives aiming at clarification and bringing together in a single text the main provisions of the directives subject to this recasting process;

Amendment 53 #

Draft opinion
Paragraph 4 e (new)

4 e. Is deeply saddened that despite the introduction of legal principles against inequality in pay between men and women, this alone does not eradicate the gender pay gap that persists. Recalls that an important feature to be highlighted is that the Recast Directive requires that the Member States ensure that provisions in collective agreements, wage scales, wage agreements and individual employment contracts which are contrary to the principle of equal pay shall be or may be declared null and void or may be amended;

Amendment 54 #

Draft opinion
Paragraph 4 f (new)

4 f. Underlines that except for the existing tools in place for the implementation of the EU law, further attention should be given both by the Member-States and the European Commission to alternative instruments that would allow for wider implementation of the EU Law, especially the provisions concerning equality in terms of payment. Therefore, highlights the importance of collective agreements for achieving equal pay, parental leaves and other related to employment rights thought collective bargaining;

Amendment 55 #

Draft opinion
Paragraph 4 g (new)

4 g. Notes with concern that only a few cases on equal pay are brought to the courts every year (and some additional cases to the competent equality bodies) and believes that the low level of litigation may be that the alleged victim must often look for a comparator in order to claim discrimination;

Amendment 56 #

Draft opinion
Paragraph 4 h (new)

4 h. Recalls its resolution of 15 January 2013 calling for the adoption of an EU regulation on a European law of administrative procedure under Article 298 TFEU. Notes with disappointment that the European Commission failed to follow the Parliament´s request to bringing forward a proposal for a legislative act in respect of the law of administrative procedure;

Amendment 6 #

Draft opinion
Recital -A e (new)

-A e. having regards to the Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims,

Amendment 7 #

Draft opinion
Recital -A f (new)

-A f. having regards to the Directive 2011/99/EU of 13 December 2011 establishing the European Protection Order with the aim of protecting a person ‘against a criminal act by another person which may endanger his/her life, physical or psychological integrity, dignity, personal liberty or sexual integrity’ and enabling a competent authority in another Member State to continue the protection of the person in the territory of that other Member State; this directive is reinforced by Regulation (EU) No 606/2013 of 12 June 2013 on mutual recognition of protection measures in civil matters, which ensures that civil protection measures are recognized all over the EU,

Amendment 8 #

Draft opinion
Recital -A g (new)

-A g. having regards to the Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA,

Amendment 9 #

Draft opinion
Recital A

A. whereas ~~equality between women and men is one~~, according to Article 2 TEU 3(3) TEU) the Union is founded ofn the ~~core~~ values o~~n which the EU is founded and whereas the Union is committed to promoting it in all its actions as enshrined in Article 8 of the Treaty on the Functioning of the European Union (TFEU)~~f respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail; whereas Article 8 TFEU gives the Union the task of eliminating inequalities and promoting equality between men and women through all its activities;

source: 618.350

2018/03/01 ENVI 114 amendments...

Amendment 1 #

Jørn DOHRMANN

Draft opinion
Paragraph 1

1. Maintains that effective application of EU law is essential in order to realise the benefits which EU policies bring to citizens and businesses and that uniform application of EU law in all Member States is central to the EU’s success; points out that the ineffective application of EU law creates un unfair competition among Member States;

Amendment 1 #

Draft opinion
Paragraph 1

1. Recalls that the right to petition the European Parliament is a cornerstone of European citizenship, as enshrined in the Treaty on the Functioning of the European Union and the EU Charter of Fundamental Rights, ranking second in importance to citizens according to recent surveys; underlines the importance of petitions as a means for citizens to express their concerns about instances of misapplication or violation of EU law and on potential lacunae, while at the same time highlighting these deficiencies ~~to the Commission in recognition of its role as guardian of the Treatie~~in the hope of a rapid and effective solution to the problems raised; points out that the way in which issues raised in petitions are addressed has a decisive impact on the way citizens perceive the level of respect effectively shown for the right of petition as enshrined in EU law, as well as their opinion of the European institutions;

Amendment 10 #

Gabriele PREUSS, Soledad CABEZÓN RUIZ, Jude KIRTON-DARLING, Demetris PAPADAKIS, Marlene MIZZI

Draft opinion
Paragraph 2 a (new)

2a. Points out that the Commission's supervisory powers are delegated to it by Parliament and the Member States, and that Parliament can adopt a motion of censure against the Commission or even dissolve it altogether; points out that the Commission's task is to ensure that the Treaties are upheld and serve as the EU's executive body;

Amendment 10 #

Draft opinion
Paragraph 1 a (new)

1a. Notes that petitioners very frequently refer to violations of EU law, in the year 2016 many petitions were registered in the fields of internal market, justice, fundamental rights and environment;

Amendment 11 #

Gabriele PREUSS, Andrea COZZOLINO, Virginie ROZIÈRE, Soledad CABEZÓN RUIZ, Jude KIRTON-DARLING, Demetris PAPADAKIS, Marlene MIZZI

Draft opinion
Paragraph 2 a (new)

2 a. Is concerned that that there still are significant shortcomings in the implementation and enforcement of EU environmental legislation in some Member States, particularly in waste management, waste water treatment infrastructure and compliance with air quality limit values;

Amendment 11 #

Draft opinion
Paragraph 1 b (new)

1b. Reiterates its call on the Commission to involve petitioners in the EU pilot procedures initiated in relation to their petitions, inter alia to facilitate dialogue between the petitioner and the national authorities concerned;

Amendment 12 #

Jørn DOHRMANN

Draft opinion
Paragraph 2 a (new)

2 a. Considers that, before introducing new legislation, the Commission should ensure the effective application of existing EU legislation throughout all the EU;

Amendment 12 #

Gabriele PREUSS, Andrea COZZOLINO, Virginie ROZIÈRE, Soledad CABEZÓN RUIZ, Jude KIRTON-DARLING, Michela GIUFFRIDA

Draft opinion
Paragraph 1 c (new)

1c. Notes that many petitions received in 2016 relate to precarious work, such as the use of zero hour contracts; Calls on the Commission to check the compatibility of these contracts with EU employment legislation, including the part time workers directive;

Amendment 13 #

Draft opinion
Paragraph 3

~~3. Welcom~~Notes the Commission’'s ~~3. decision1~~capacity1 to respond to infringements promptly, and ~~supports its efforts~~to negotiate informally to resolve implementation problems ~~informally~~; calls on the Commission to improve the EU Pilot problem-solving system; ~~_________________ 1~~deplores, at the same time, the Commission's lack of transparency, in particular in the process of nominating its secretary-general; _________________ 1 C(2016)8600, SL C 18, 19 January 2017. C(2016)8600, SL C 18, 19 January 2017.

Amendment 13 #

Draft opinion
Paragraph 2

2. Stresses that ~~proper~~the adoption and implementation of EU law ~~is essential to achieving the EU policy goals defined in the Treaties and secondary legislation, and that lack of enforcement not only undermines the efficiency of the internal market, but also~~aimed at achieving high levels of social justice and effective protection of the fundamental rights of all citizens is crucial to give full expression to the values upon which the EU is founded, as defined in the Treaties and reflected accordingly in its secondary legislation; underlines that failure to adopt and implement legislation along such lines leads to rising inequality, undermines social and territorial cohesion and ultimately affects the credibility and the image of the Union; underlines, in this regard, that implementation and enforcement are founded on the distribution of powers conferred by the Treaties, and that the Member States and the Commission therefore have a shared responsibility to implement and enforce European law~~; points out, at the same time,~~ in such a way as to guarantee full employment and social progress, as well as the protection of health and the environment; points out that all EU institutions share the responsibility of ensuring implementation and enforcement of EU law, ~~as provided for in the 2016 Interinstitutional Agre~~guaranteeing full transparency and direct public involvement oin ~~Better Law-Making~~the decision-making process;

Amendment 14 #

Draft opinion
Paragraph 4

4. Expresses its concern at the increase in the total number of infringement procedures in 2016, making the figure for such cases the highest to have been recorded in the last five years; stresses that the increase in the total number of infringement procedures is partly due to disagreements between the EU Member States and the EU and partly due to the growing conflict between the citizens of sovereign states and Commission decisions;

Amendment 14 #

Draft opinion
Paragraph 2

2. Stresses that proper implementation of EU law is essential to achieving the EU policy goals defined in the Treaties and secondary legislation, ~~and~~such as the rule of law as enshrined in article 2 TEU; emphasizes that lack of enforcement not only undermines the efficiency of the internal market and has costly impacts such as irreversible damages to environment, but also affects the credibility and image of the Union; underlines, in this regard, that implementation and enforcement are founded on the distribution of powers conferred by the Treaties, and that the Member States and the Commission therefore have a shared responsibility to implement and enforce European law, with the Commission as the ultimate guardian of the treaties; points out, at the same time, that all EU institutions share the responsibility of ensuring implementation and enforcement of EU law, as provided for in the 2016 Interinstitutional Agreement on Better Law-Making;

Amendment 15 #

Urszula KRUPA

Draft opinion
Paragraph 4

4. Expresses its concern at the increase in the total number of infringement procedures in 2016, making the figure for such cases the highest to have been recorded in the last five years; notes that this is connected with the increasing number of legal acts of the European Union; calls for prudent use of the legislative initiative by the Commission;

Amendment 15 #

Daciana Octavia SÂRBU, Tiemo WÖLKEN

Draft opinion
Paragraph 2

2. Stresses that proper implementation of EU law is essential to achieving the EU policy goals defined in the Treaties and secondary legislation, and that lack of enforcement not only undermines the efficiency of the internal market, but also affects the credibility and image of the Union; underlines, in this regard, that implementation and enforcement are founded on the distribution of powers conferred by the Treaties, as provided by Art. 4.3 TEU, Art. 17.1 TEU, Art. 226 TFEU and Art. 292 TFEU and that the Member States and the Commission therefore have a shared responsibility to implement and enforce European law; points out, at the same time, that all EU institutions share the responsibility of ensuring implementation and enforcement of EU law, as provided for in the 2016 Interinstitutional Agreement on Better Law-Making;

Amendment 16 #

Draft opinion
Paragraph 4 a (new)

4 a. Notes the increase in the number of complaints over the period 2012-2016; underlines that access to environmental information, as required by the Aarhus Convention, is necessary to allow the public and civil society to effectively bring complaints against Member States.

Amendment 16 #

Draft opinion
Paragraph 2

2. Stresses that proper implementation of EU law is essential to achieving the EU policy goals defined in the Treaties and secondary legislation, and that lack of enforcement not only undermines the efficiency of the internal market, but ~~also~~has a direct impact on individual rights and consequently affects the credibility and image of the Union; underlines, in this regard, that implementation and enforcement are founded on the distribution of powers conferred by the Treaties, and that the Member States and the Commission therefore have a shared responsibility to implement and enforce European law; points out, at the same time, that all EU institutions share the responsibility of ensuring implementation and enforcement of EU law, as provided for in the 2016 Interinstitutional Agreement on Better Law-Making;

Amendment 17 #

Draft opinion
Paragraph 4 a (new)

4a. Stresses that effective enforcement of EU rules in the field of health, food safety and the environment is important for European citizens, since it influences their day-to-day lives and serves the general interest;

Amendment 17 #

Tiemo WÖLKEN, Daciana Octavia SÂRBU

Draft opinion
Paragraph 2

2. Stresses that proper implementation of EU law is essential to achieving the EU policy goals defined in the Treaties and secondary legislation, and that lack of enforcement not only undermines the efficiency of the internal market, but also affects the credibility and image of the Union; underlines, in this regard, that implementation and enforcement are founded on the distribution of powers conferred by the Treaties, and that the Member States and the Commission therefore have a shared responsibility ~~to implement and enforce~~for the correct implementation of European law; points out, at the same time, that all EU institutions share the responsibility of ensuring implementation and enforcement of EU law, as provided for in the 2016 Interinstitutional Agreement on Better Law-Making;

Amendment 18 #

Draft opinion
Paragraph 4 a (new)

4 a. Underlines that access to environmental justice is necessary to allow civil society to effectively bring complaints against inter alia Member States and should be fostered through means of collective redress.

Amendment 18 #

Gabriele PREUSS, Andrea COZZOLINO, Virginie ROZIÈRE, Soledad CABEZÓN RUIZ, Jude KIRTON-DARLING, Marlene MIZZI

Draft opinion
Paragraph 2 – subparagraph 1 (new)

Reiterates its call on the Commission to include in its annual report the rate of implementation also of EU regulations in same way as for directives;

Amendment 19 #

Draft opinion
Paragraph 4 a (new)

4 a. Underlines the need to maintain a high level of environmental protection as well as of health and food saftey;

Amendment 19 #

Draft opinion
Paragraph 2 a (new)

2a. Acknowledges that implementation reports by the Parliament, as well as other own-initiative reports and resolutions linked to them, often take too long, thereby reducing their actual impact; commits to review the procedures for their adoption, also so that this tool points more effectively at key actions to solve existing problems; stresses that petitions themselves are an essential source of information concerning potential implementation shortcomings, and a valuable opportunity for this institution to be directly involved in the assessment on compliance. Fact-finding visits1a periodically organized by the committee on Petitions are not only a unique effective means of getting closer to citizens and demonstrating that their concerns are taken seriously, but also an essential tool for the Parliament to gather evidence and check by itself whether for instance EU environmental law has been fully respected in a concrete situation; _________________ 1aRule 216a of the Rules of Procedure of the European Parliament

Amendment 2 #

Luke Ming FLANAGAN

Draft opinion
Paragraph 1

1. Maintains that effective application of EU law, across all areas and including by the EU institutions themselves, is essential in order to realise the benefits which EU policies bring to citizens and businesses and that uniform application of EU law in all Member States is central to the EU’s success;

Amendment 2 #

Draft opinion
Paragraph 1

1. Recalls that the right to petition the European Parliament is a cornerstone of European citizenship, as enshrined in the Treaty on the Functioning of the European Union and the EU Charter of Fundamental Rights, ranking second in importance to citizens according to recent surveys; underlines the importance of petitions as a means for citizens to express their concerns about instances of misapplication or violation of EU law and on potential lacunae, while at the same time highlighting these deficiencies to the Commission in recognition of its role as guardian of the Treaties; shares the view of the Commission that the work done to ensure the effective enforcement of existing EU law needs to be recognised as being of equivalent importance to the work devoted to developing new legislation.

Amendment 20 #

Draft opinion
Paragraph 5

5. Calls on the Commission closely to monitor environment-related infringement cases with a cross-border dimension, including correct transposition and application of EU law in future Member States; calls, furthermore, on the Commission to inform complainants in an appropriate, transparent and timely manner of the arguments provided by the states concerned in reaction to the complaint;

Amendment 20 #

Draft opinion
Paragraph 6 c (new)

6c. Calls on the Commission to take stronger action against the late transposition of directives; stresses the importance of linking new legislation to correct implementation in the Member States

Amendment 21 #

Virginie ROZIÈRE, Andrea COZZOLINO, Gabriele PREUSS

Draft opinion
Paragraph 5

5. Calls on the Commission closely to monitor environment-related infringement cases with a cross-border dimension, especially in the area of clean air legislation, including correct transposition and application of EU law in future Member States;

Amendment 21 #

Draft opinion
Paragraph 2 a (new)

2a. Recalls that the European Union is founded on the rule of law and that the implementation and the enforcement of the EU law are at the heart of this principle and therefore calls on the EU institutions and Member States to take all necessary actions to ensure a correct and timely transposition of directives and a full respect of EU law ; invites the Commission to propose a 0% deficit in transposition as a new desirable target for the Internal Market Scoreboard ;

Amendment 22 #

Draft opinion
Paragraph 5

5. Calls on the Member States concerned and the Commission closely to monitor environment-related infringement cases with a cross-border dimension, including correct transposition and application of EU law in future Member States;

Amendment 22 #

Draft opinion
Paragraph 2 b (new)

2b. Stresses that despite sharing the same main aim of addressing possible violations of applicable EU legislation, petitions are not the same than complaints to the Commission, as the earlier intend to have the Parliament involved; reminds that while the Commission’s approach to complaints can be in a more general way towards structural compliance, as it does not requires the complainant to be personally affected by the matter, in the case of procedures stemming originally from petitions a more personalised attention and adequate involvement of the petitioner is required, also involving the Parliament, given the necessary personal concern of the petitioner on the issues;

Amendment 23 #

Luke Ming FLANAGAN

Draft opinion
Paragraph 5

5. Calls on the Commission ~~closely to monitor~~to monitor closely any and all environment- related infringement cases with a cross- border dimension, including correct transposition and application of EU law in future Member States;

Amendment 23 #

Draft opinion
Paragraph 3

3. Welcomes the increased transparency of, and the provision of more statistical information in, the Commission report for 2016, as compared to previous reports; regrets the fact, however, that it provides no precise information on the number of petitions that have led to the initiation of EU Pilot or infringement procedures; notes with regret that Parliament is not involved in these procedures; reiterates its call on the Commission to share with Parliament information on all EU Pilots opened and infringement procedures initiated in order to improve transparency, reduce the time frame for dispute settlement through the Committee on Petitions, build ~~citizens’~~ trust in the EU project and, ultimately, enhance the legitimacy of the EU Pilot procedure; acknowledges the Court of Justice’s ruling on cases C-39/05 P and C- 52/05 P of May 2017, according to which documents within the EU Pilot procedure should not be disclosed publicly if there is a risk that such disclosure would affect the nature of the infringement procedure, alter its progress or undermine the objectives of that procedure;

Amendment 24 #

Draft opinion
Paragraph 6

6. Notes that the number of infringement proceedings concerning the environment fell in 2016 compared with 2015, but that there was an increase in the number of procedures in the area of health and food safety, and calls on the Commission to bring particular attention to bear on that point; notes, in that connection, that the free-trade agreements signed between the EU and third countries are a long way from meeting the EU's environmental standards, and that the lack of traceability of imported products will increase the number of violations in the EU;

Amendment 24 #

Draft opinion
Paragraph 3

3. ~~Welcomes the increased transparency of, and~~Considers it necessary to ensure full transparency in Commission reports on monitoring the implementation of EU law; notes the provision of more statistical information in, the Commission report for 2016, as compared to previous reports; regrets the fact, however, that it provides no precise information on the number of petitions that have led to the initiation of EU Pilot or infringement procedures; notes with regret that Parliament is not involved in these procedures; reiterates its call on the Commission to share with Parliament all information on all EU Pilots opened and infringement procedures initiated in order to improve transparency, reduce the time frame for dispute settlement through the Committee on Petitions, build citizens’ trust in the EU project and, ultimately, enhance the legitimacy of the EU Pilot procedure; ~~acknowledges the Court of Justice’s ruling on cases C-39/05 P and C-52/05 P of May 2~~reiterates the need to propose without delay an amendment to Regulation (EC) No 1049/20017, according to which documents within the EU Pilot procedure should not be disclosed publicly if there is a risk that such disclosure would affect the nature of the infringement procedure, alter its progress or undermine the objstressing that full transparency and full public access to the documents of the EU institutions should be the rule in order to ensure the highest levels of protecti~~ves~~on of th~~at procedure~~e democratic rights of citizens;

Amendment 25 #

Luke Ming FLANAGAN

Draft opinion
Paragraph 6

6. Notes that the number of infringement proceedings concerning the environment fell in 2016 compared with 2015, but is concerned that there was an increase in the number of procedures in the area of health and food safety, and calls on the Commission to bring particular attention to bear on that point;

Amendment 25 #

Draft opinion
Paragraph 3

3. ~~Welcom~~Notes the ~~increased transparency of, and the provision of mor~~provision of more explanations concerning the statistical information and methodology in, the Commission report for 2016, as compared to previous reports; regrets the fact, however, that it still provides no precise information on the number of petitions that have led to the initiation of EU Pilot or infringement procedures; notes with regret that Parliament is not involved in these procedures; reiterates its call on the Commission to share with Parliament information on all EU Pilots opened and infringement procedures initiated in order to improve transparency, reduce the time frame for dispute settlement through the Committee on Petitions, build citizens’ trust in the EU project and, ultimately, enhance the legitimacy of the EU Pilot procedure; ~~acknowledges the Court of Justice’s ruling on~~believes that greater transparency of the infringement procedure can be regulated while respecting the CJEU case-law, such as the joined cases C-39/05 P and C- 52/05 P of May 2017, according to which documents within the EU Pilot procedure should not be disclosed publicly if there is a risk that such disclosure would affect the nature of the infringement procedure, alter its progress or undermine the objectives of that procedure;1a, requiring motivated arguments to justify refusal for access to documents under Article 4 of Regulation 1049/2001/EC, including those of infringement procedures; _________________ 1a Sweden and Turco v Council [2008] ECR I-4723

Amendment 26 #

Virginie ROZIÈRE, Andrea COZZOLINO

Draft opinion
Paragraph 6 a (new)

6a. Stresses that the general public, businesses and civil society make a decisive contribution to monitoring the way in which EU legislation is transposed and implemented, through the information forwarded to the Commission on the difficulties that arise in Member States’ application of EU legislation;

Amendment 26 #

Draft opinion
Paragraph 3

3. Welcomes the increased transparency of, and the provision of more statistical information in, the Commission report for 2016, as compared to previous reports; regrets the fact, however, that it provides no precise information on the number of petitions that have led to the initiation of EU Pilot or infringement procedures; notes with regret that Parliament is not involved in these procedures; reiterates its call on the Commission to share with Parliament information on all EU Pilots opened and infringement procedures initiated in order to improve transparency, reduce the time frame for dispute settlement through the Committee on Petitions, build citizens’ trust in the EU project and, ultimately, enhance the legitimacy of the EU Pilot procedure; acknowledges the balance struck by the Court of Justice’ in its rulings on cases C-39/05 P, C-52/05 P and C- ~~52/05~~562/14 P of May 2017, according to which documents within the EU Pilot procedure should not be disclosed publicly if there is a risk that such disclosure would affect the nature of the infringement procedure, alter its progress or undermine the objectives of that procedure and that this risk exists until the EU Pilot procedure is closed ; calls therefore on the Commission to disclose documents exchanged with Member States and made them publically available once EU Pilot procedures are closed ;

Amendment 27 #

Gabriele PREUSS, Andrea COZZOLINO, Virginie ROZIÈRE, Soledad CABEZÓN RUIZ, Jude KIRTON-DARLING, Demetris PAPADAKIS, Marlene MIZZI

Draft opinion
Paragraph 6 a (new)

6a. Considers it necessary to stress that an increase in the number of complaints concerning the ineffective application of European law does not necessarily indicate worse implementation of EU law in the Member States, but it may also be a sign that citizens and businesses are better informed regarding their rights deriving from the EU law;

Amendment 27 #

Draft opinion
Paragraph 3

3. Welcomes the increased transparency of, and the provision of more statistical information in, the Commission report for 2016, as compared to previous reports; regrets the fact, however, that it provides no precise information on the number of petitions that have led to the initiation of EU Pilot or infringement procedures and asks the Commission to provide specific information about this; notes with regret that Parliament is not involved in these procedures; reiterates its call on the Commission to share with Parliament information on all EU Pilots opened and infringement procedures initiated in order to improvmote transparency, and reduce the time frame for dispute settlement through the Committee on Petitions, build citizens’ trust in the EU project and, ultimately, enhance the legitimacy of the EU Pilot procedure; acknowledges the Court of Justice’s ruling on cases C-39/05 P and C- 52/05 P of May 2017, according to which documents within the EU Pilot procedure should not be disclosed publicly if there is a risk that such disclosure would affect the nature of the infringement procedure, alter its progress or undermine the objectives of that procedure;

Amendment 28 #

Draft opinion
Paragraph 6 a (new)

6 a. Highlights the important role played by the Parliament, through petitions and questions, in drawing attention to shortcomings in the application of EU law by the Member States;

Amendment 28 #

Draft opinion
Paragraph 3

3. Welcomes the increased transparency of, and the provision of more statistical information in, the Commission report for 2016, as compared to previous reports; regrets the fact, however, that it provides no precise information on the number of petitions that have led to the initiation of EU Pilot or infringement procedures; notes with regret that Parliament is not involved in these procedures; ~~reiterates its call on~~urges the Commission to share with Parliament information on all EU Pilots opened and infringement procedures initiated in order to improve transparency, reduce the time frame for dispute settlement through the Committee on Petitions, build citizens’ trust in the EU project and, ultimately, enhance the legitimacy of the EU Pilot procedure; acknowledges the Court of Justice’s ruling on cases C-39/05 P and C- 52/05 P of May 2017, according to which documents within the EU Pilot procedure should not be disclosed publicly if there is a risk that such disclosure would affect the nature of the infringement procedure, alter its progress or undermine the objectives of that procedure;

Amendment 29 #

Draft opinion
Paragraph 6 b (new)

6b. Considers it necessary, with a view to ensuring better application of EU law for the benefit of all, to adopt a strategic approach to application, combined with timely and efficient action by the Commission;

Amendment 29 #

Draft opinion
Paragraph 3 a (new)

3a. Notes that the number of complaints received by the Commission reached an historical maximum in 2016, going beyond the 2014 level, after the remarkable decrease in 2015; regrets the sharp increase of over fifty percent in the infringement cases due to late transposition by Member States; underlines that environment remains to be within the main policy areas when it comes to open infringement cases, with water quality, waste management, air quality and biodiversity as the main issues; is concerned however that the absolute amount of new infringement procedures opened in 2016 on environmental matters has dropped drastically, nearly halving its relative weight and losing the top position in the open cases account; notes instead the clear shift in priority by the Commission towards matters concerning internal market, industry, entrepreneurship and SMEs;

Amendment 3 #

Virginie ROZIÈRE, Andrea COZZOLINO, Gabriele PREUSS, Michela GIUFFRIDA, Marlene MIZZI

Draft opinion
Paragraph 1

1. Maintains that ~~effective application of EU law is essential in order to realise the benefits which EU policies bring~~, when EU policies are implemented, EU law must apply to citizens and businesses and that ~~uniform~~the application of EU law in all Member States is central to the EU’s ~~success~~proper functioning;

Amendment 3 #

Draft opinion
Paragraph 1

1. Recalls that the right to petition the European Parliament is a cornerstone of European citizenship, as enshrined in the Treaty on the Functioning of the European Union and the EU Charter of Fundamental Rights, ranking second in importance to citizens according to recent surveys; underlines the importance of petitions as a means for citizens to express their concerns about instances of misapplication or violation of EU law and on potential lacunae, while at the same time highlighting these deficiencies to the Commission in recognition of its role as guardian of the Treaties; calls on the Commission to improve in this respect its handling of petitions addressed by providing timely and in-depth answers ;

Amendment 30 #

Svetoslav Hristov MALINOV, Peter JAHR, Pál CSÁKY, Cristian Dan PREDA, Jarosław WAŁĘSA

Draft opinion
Paragraph 7

7. Calls on the Commission, when drafting and assessing legislation, to take greater account of the need to reduce the administrative burden for SMEs; stresses, that when it comes to the transposition of EU rules on public procurement and concessions, SMEs should be able to bid easier and cheaper for public contracts, in full respect of the EU’s principles of transparency and competition;

Amendment 30 #

Draft opinion
Paragraph 3 a (new)

3a. Supports the suggestions of the European Ombudsman on timeliness and transparency of “EU Pilot” pre- infringement cases; calls on the Commission to inform the Committee on Petitions of any significant new step in “EU Pilot” procedures of the investigation and ongoing dialogue with Member States when open petitions are concerned;

Amendment 31 #

Gabriele PREUSS, Andrea COZZOLINO, Virginie ROZIÈRE, Soledad CABEZÓN RUIZ, Jude KIRTON-DARLING, Demetris PAPADAKIS

Draft opinion
Paragraph 7

7. Calls on the Commission, when drafting and assessing legislation, to take ~~greater~~ account of the need to reduce the administrative burden for SMEs in an effort to maintain their competitiveness and halt the collapse of the economic fabric made up of European SMEs;

Amendment 31 #

Draft opinion
Paragraph 3 a (new)

3a. Regrets there is no publicly available information about how the 3783 complaints submitted to the Commission in 2016 were treated and calls for a more transparent implementation of the enforcement policy;

Amendment 32 #

Arne GERICKE

Draft opinion
Paragraph 7 a (new)

7a. Calls on the Commission and Council, taking their cue from the successful appointment of the Special Adviser for Better Regulation, to name before the end of this year a Special Adviser for the more effective, citizen- friendly implementation of EU law in the Member States, who would be attached to the office of the European Ombudsman in Strasbourg and whose task it would be to compile examples of the over-zealous or distorted implementation of EU law in the Member States and provide details of them in annual activity reports;

Amendment 32 #

Draft opinion
Paragraph 3 b (new)

3b. Stresses the importance of keeping properly informed complainants at all stages on a proactive basis and further involving them, and petitioners in cases deriving from petitions, in the EU Pilot processes, in order to improve the decision-making and also to facilitate the dialogue between those and the national authorities concerned; suggests to enhance the administrative procedures and the related resources to that effect; considers that given the Parliament is co- responsible in ensuring implementation and enforcement of EU law according to the Inter-Institutional Agreement and its relevant scrutiny power over the Commission conferred by article 14 TEU, it should be automatically notified about every EU Pilot opened and infringement initiated, as well as granted adequate access to documents related to both procedures, particularly when those emerge from petitions, while respecting the necessary confidentiality provisions for the successful handling of the cases;

Amendment 33 #

Draft opinion
Paragraph 7 a (new)

7 a. Welcomes the Environmental Implementation Review (EIR) as a tool to help deliver the benefits of EU environmental law and policies for businesses and citizens through better implementation;

Amendment 33 #

Draft opinion
Paragraph 3 c (new)

3c. Is concerned that the current regulatory framework for handling complaints and infringement procedures is not legally binding; considers that this lack of legally binding rules governing the proceedings, including roles and timeframes, leads to too long periods for taking decisions on the different steps, which together with the general lack of information to complainants or to the public on the status of the cases and the arguments behind decisions, has a negative impact on the effectiveness of the process; considers that an increased and properly recognised complainants’ involvement in the procedure, framed under clear and legally binding rules providing access to information on the arguments under discussion by the Commission and the Member States, as well as the motivation of decisions, would improve its overall effectiveness and transparency; reiterates its recurrent call to enact a Regulation on an open, efficient and independent European Union administration, which would in turn contribute to ensuring consistency and fairness in the handling of complaints and petitions;

Amendment 34 #

Urszula KRUPA

Draft opinion
Paragraph 8

8. Considers that, in line with the Commission’s efforts to produce better and more effective EU legislation2, the application of the subsidiarity and proportionality principles ~~should always be taken into account. _________________ 2~~, which should recognise that lower decision-making levels can better adapt measures to local needs and possibilities, should always be taken into account. _________________ 2 COM(2017)0651, 24 October 2017. COM(2017)0651, 24 October 2017.

Amendment 34 #

Draft opinion
Paragraph 4

4. ~~Welcom~~Notes the presentation in the report of the revised Commission strategy for monitoring the application of EU law, as this policy is outlined in the 2016 Communication ‘European Union law: Better results through better application~~’; not~~': strongly criticises the intention of the Commission to direct petitioners to seek redress at national level when complaints do not concern issues of wider principle, do not raise systemic issues and can satisfactorily be dealt with by other mechanisms at EU or national level; considers that the Commission's decision a priori not to carry out a thorough and prompt investigation of complaints, even in individual cases, may lead to continued infringement of the fundamental rights of many citizens and prevent the rapid identification of any serious systemic deficiencies; notes the Commission’s intent to launch an EU Pilot procedure only where it could prove to be useful in a case, and to proceed with infringement procedures without relying on EU Pilots in order to expedite investigations of breaches of EU law; ~~is concerned, however, that this approach~~expresses strong concern at the adoption of any decision to dispense with appropriate action by the Commission at EU level, since this this may lead to the ineffective investigation of complaints through petitions ~~in cases where action at EU level could prove more appropriate; deplores the high number of infringement procedures in 2016~~and impede prompt and effective action to uphold citizens’ fundamental rights; deplores the accumulated delays in the settlement of issues relating to certain infringement procedures and the continued infringement of citizens’ rights resulting from this; notes the distinctively decreasing trend in the number of EU Pilots launched in ~~the same year;~~ 2016;

Amendment 35 #

Draft opinion
Paragraph 8

Amendment 35 #

Draft opinion
Paragraph 4

4. ~~Welcom~~Notes the presentation in the report of the revised Commission strategy for monitoring the application of EU law, as this policy is outlined in the 2016 Communication ‘Better results through better application’; ~~notes~~is concerned with the intention of the Commission to systematically direct petitioners to seek redress at national level when complaints do not concern issues of wider principle, do not raise systemic issues and can satisfactorily be dealt with by other mechanisms at EU or national level; ~~not~~considers that this approach may lead to ineffective investigation of complaints through petitions in cases where action at EU level could prove more appropriate, particularly concerning environmental law; welcomes the Commission’s intent to launch an EU Pilot procedure only where it could prove to be useful in a case, and to proceed with infringement procedures without relying on EU Pilots in order to expedite investigations of breaches of EU law; ~~is concerned, however, that this approach may lead to ineffective investigation of complaints through petitions in cases where action at EU level could prove more appropriate;~~ deplores the high number of infringement procedures in 2016; notes the distinctively decreasing trend in the number of EU Pilots launched in the same year;

Amendment 36 #

Draft opinion
Paragraph 4

4. ~~Welcomes the presentation in the report of~~Notes the revised Commission strategy for monitoring the application of EU law, as ~~this policy is~~ outlined in the 2016 Communication ‘Better results through better application’; ~~not~~observes the intention of the Commission to direct petitioners to seek redress at national level when complaints do not concern issues of wider principle, do not raise systemic issues and can satisfactorily be dealt with by other mechanisms at EU or national level; notes the Commission’s intent to launch an EU Pilot procedure only where it could prove to be useful in a case, and to proceed with infringement procedures without relying on EU Pilots in order to expedite investigations of breaches of EU law; is concerned, however, that this approach may lead to ineffective investigation of complaints through petitions in cases where action at EU level could prove more appropriate; deplores the high number of infringement procedures in 2016; notes the distinctively decreasing trend in the number of EU Pilots launched in the same year;

Amendment 37 #

Gabriele PREUSS, Andrea COZZOLINO, Virginie ROZIÈRE, Soledad CABEZÓN RUIZ, Jude KIRTON-DARLING, Demetris PAPADAKIS

Draft opinion
Paragraph 4

4. Welcomes the presentation in the report of the revised Commission strategy for monitoring the application of EU law, as this policy is outlined in the 2016 Communication ‘Better results through better application’; notes the intention of the Commission to direct petitioners to seek redress at national level when complaints do not concern issues of wider principle, do not raise systemic issues and can satisfactorily be dealt with by other mechanisms at EU or national level; notes the Commission’s intent to launch an EU Pilot procedure only where it could prove to be useful in a case, and to proceed with infringement procedures without relying on EU Pilots in order to expedite investigations of breaches of EU law; is very concerned, however, ~~that~~since this approach ~~may~~will lead to ineffective investigation of complaints through petitions in cases where action at EU level could prove more appropriate; deplores the high number of infringement procedures in 2016; notes the distinctively decreasing trend in the number of EU Pilots launched in the same year;

Amendment 38 #

Draft opinion
Paragraph 4 – subparagraph 1 (new)

Asks the Commission to report on its priority-setting regarding its enforcement policy announced in the Communication ‘EU Law: Better results through better application’ where it states that it will focus its enforcement action where it can make a real difference, and on policy priorities pursuing cases which reveal systemic weakness in a Member State’s legal system;

Amendment 39 #

Virginie ROZIÈRE, Andrea COZZOLINO, Gabriele PREUSS, Michela GIUFFRIDA

Draft opinion
Paragraph 4 a (new)

4a. Notes the increasing number of complaints addressed to the Commission (3 783) and the launch of 986 new infringements in 2016 as well as the 1 657 open infringement procedures ; regrets that the report does not provide information about the length of the infringement procedures between the different stages, Member States and policy fields ; assumes, based on the information made available on the Commissions dedicated website that the infringement procedures are too lengthy although many of them are closed before being referred to the CJEU ; invites therefore the Commission to translate into concrete actions its constant declarations as regard EU law enforcement as being its utmost priorities ; in this regards reminds the commitment of the Juncker Commission to achieve a better application of EU law ; deplores the current worrying trends in Member States transposition performances , the growing number of situations where EU law is incorrectly or not applied and expresses its greatest concern as regards the respect of the CJEU's rulings ;

Amendment 4 #

Draft opinion
Paragraph 1 a (new)

1a. Notes that, in accordance with Article 17(1) of the Treaty on European Union, responsibility for the transposition, implementation and effective enforcement of legislation rests with the Commission, while the Member States have the primary responsibility for transposing, applying and implementing EU law correctly;

Amendment 4 #

Draft opinion
Paragraph 1

1. Recalls that the right to petition the European Parliament is a cornerstone of European citizenship, as enshrined in Articles 20 and 227 of the Treaty on the Functioning of the European Union and Article 44 of the EU Charter of Fundamental Rights, ranking second in importance to citizens according to recent surveys; underlines the importance of petitions as a means for citizens to express their concerns about instances of misapplication or violation of EU law and on potential lacunae, while at the same time highlighting these deficiencies to the Commission in recognition of its role as guardian of the Treaties;

Amendment 40 #

Draft opinion
Paragraph 4 a (new)

4a. Reminds the possibility for national courts to request preliminary rulings to the Court of Justice by virtue of article 267 TFEU; underlines the usefulness and appropriateness of this mechanism as a valuable guidance to guarantee rulings in full compliance EU and regrets that it is still much scarcely used; stresses the persisting shortcomings in national court proceedings concerning also matters involving EU law, such as long delays or excessive costs, among other aspects identified by the recent EU Justice Scoreboards; draws attention in this regard to the recently published study commissioned to the Policy Department C on "Effective Access to Justice"1a on the grounds of the recurrent allegations emerged from the treatment of several petitions; endorses the proposal by the Commission to foster judicial training in EU law for the different Member States in order to ensure consistency in the rulings and thus equal enforcement of rights across the Union; _________________ 1a http://www.europarl.europa.eu/RegData/e tudes/STUD/2017/596818/IPOL_STU(201 7)596818_EN.pdf

Amendment 41 #

Draft opinion
Paragraph 4 a (new)

4a. Regrets the lack of commitment shown by the Commission when answering to the concerns raised in EU Pilot procedures by Members of the European Parliament; considers that as the communication in EU Pilot procedures goes through the Commission, this does not constitute a dialogue between all parties involved; encourages the Commission to take a more active approach when collecting information and answering to the concern;

Amendment 42 #

Draft opinion
Paragraph 4 a (new)

4a. Underlines that citizens and others affected by improper and non-application of EU law should be facilitated in every way possible to contact the institutions without facing administrative burdens or other difficulties.

Amendment 43 #

Draft opinion
Paragraph 4 b (new)

4b. Believes that while the conception of the Regulatory Fitness and Performance Programme (REFIT), provided in the Better Regulation Communication in 2015 and further promoted in the Commission Communication ''EU Law: Better results through better application'' of 2016, is well intended, yet it still fails to allow citizens to stress effectively the issue pertinent to existing EU legislation. Notes that the upgrade of the Better Regulation Guidelines and the Toolbox are positive steps the REFIT platform still does not incorporate elements of impartial public consultation with stakeholder groups, while low submission rates are indicative of the lack of clarity and simplicity in procedures. Calls for the adaptation of rules in order to allow contributions without discrimination on grounds of media and digital literacy or disability, etc. This can be achieved by ensuring web-accessibility and upgrading the role of the Europe Direct information network to accept physical contributions and provide guidance for the submission procedures.

Amendment 44 #

Draft opinion
Paragraph 4 b (new)

4b. Urges the Commission to better clarify the concrete implications of its enforcement policy announced in the Communication ‘EU law: Better results through better application’, and to provide further details regarding its priority-setting, the specific policy priorities where it will focus its enforcement action, and where it expects to make a real difference by pursuing cases revealing systemic weakness in a Member State’s legal system; requests a clarification on how the concept of ‘issues of wider principle’ is concretely interpreted and implemented; maintains doubts on whether the Commission's implicit objective to restrict its action to complaints related to strategic cases is compatible with the role and duties attributed to it by Article 17(1)TEU; calls for its reconsideration so as to ensure that it does by no means jeopardize the treatment of certain cases whose effective resolution might be better achieved at EU level due to the national circumstances or interests involved;

Amendment 45 #

Draft opinion
Paragraph 4 c (new)

4c. Is concerned about the potential implications of the overall strategic line of the Commission on the handling of petitions; notes the increase in replies received where the Commission inhibits itself from further action leaving as a sole option for the petitioners the recourse to national courts; warns about the risk to create disappointment and frustration among petitioners if they have the perception no action at all is pursued at EU level; considers that in nowadays' state of affairs such an approach can dangerously undermine the public opinion's perception of the added value of the EU by citizens, particularly since petitioners are committed citizens a priori supportive of the European project and thus with high expectations towards the Union's ability to give an appropriate answer to their concerns; disagrees with the ongoing structural approach concerning the handling of petitions, particularly in the field of environment, and calls upon the Commission to reconsider it, also in light of its ultimate obligations and competences under Article 17 TEU; considers that simply leaving concrete cases and specific matters to be resolved by national courts consists a failure in complying with its duties of guardian of the treaties;

Amendment 46 #

Virginie ROZIÈRE, Andrea COZZOLINO, Gabriele PREUSS

Draft opinion
Paragraph 4 b (new)

4b. Calls on the Commission to implement an equally balanced policy where the accompaniment of Member States is reinforced in order to ease the implementation and the respect of EU law as well as a more severe infringement policy is conducted when these obligations of the Treaties are not respected ;

Amendment 47 #

Draft opinion
Paragraph 4 d (new)

4d. Notes the unsatisfying level of application of EU law among Member States as illustrated by the high number of complaints sent to the Commission and the important flow of petitions addressed to the European Parliament; welcomes the intention of the Commission as expressed in its communication of December 2016 to increase its use of preventive tools such as package meetings, implementation guidelines, experts groups, specialised networks including the SOLVIT network and to support capacity building in Member States to enforce EU law; calls on the Commission to use such tools in full respect of the principle of good and effective administration as provided by Art. 298 TFEU and Art. 41 of the Charter of Fundamental Rights of the EU; invites the Commission to use the provisions of Art. 197 TFEU for implementing this renewed enforcement policy in full partnership with Member States and the European institutions;

Amendment 48 #

Draft opinion
Paragraph 4 c (new)

4c. Notes the persistent and worsening situation of overdue transposition of directives with 847 new infringement cases open in 2016 for late transposition, which represents an annual increase of more than 60% and led to 868 open late transposition cases at the end of 2016; strongly regrets the insignificant number of cases referred by the Commission to the Court on the basis of Art. 260.3 whereas it is commonly agreed that financial penalties have decisive impacts on the promptness of Member States to comply with EU law ; requests for the sake of the EU a full and rigorous application of the procedure laid down by Art. 260.3 for non-communication cases respecting the core intention of the European constituent powers to ensure a timely and effective redress mechanism; invites the Commission to make full use of available monitoring and preventive tools such as Commission Transposition and Implementation Plans (TIPs), conformity checking studies, explanatory documents and correlation tables ; invites the Commission and the Council to fully implement the 2016 interinstitutional agreement on better law making1a and the 2011 Joint Political Declaration1b; _________________ 1a OJ L 123 of 12.5.2016 1b OJ 2011/C 369/02

Amendment 49 #

4c. Reiterates that in line with the Treaty on the Functioning of the European Union (TFEU) and the jurisprudence of the Court of Justice of the European Union (CJEU), transposition means the legal or regulatory process by which a piece of EU legislation is incorporated into the national legal order, implementation is a general term covering both transposition and application. Application denotes the practical application of the national transposing provisioning to a concrete situation or to a number of situations. Furthermore, enforcement means the measures taken after the monitoring process reveals shortfalls with full- compliance of EU Law (either flawed transposition or pathogenies in implementation).

Amendment 5 #

Gabriele PREUSS, Soledad CABEZÓN RUIZ, Jude KIRTON-DARLING, Michela GIUFFRIDA, Demetris PAPADAKIS, Marlene MIZZI

Draft opinion
Paragraph 1 a (new)

1 a. Reminds that full implementation of EU environmental legislation could save the EU economy €50 billion every year in health costs and direct costs to the environment;

Amendment 5 #

Draft opinion
Paragraph 1

Amendment 50 #

Draft opinion
Paragraph 4 d (new)

4d. Considers that the assessment of cases of possible breach of EU legislation, and in particular those emerging from petitions, should not only be done on a passive manner and merely on procedural grounds, but proactively and taking into account the substantial elements and the ultimate spirit of the related EU legislation applicable; recommends that fast-track procedures with shorter periods are established for these cases which are deemed of urgency and where the Commission might need to act soon; suggests the Commission, the Court of Justice and national courts that in full observance of the precautionary principle enshrined in article 191 TFEU more effectively preventive mechanisms should be proactively established, for instance injunction measures, particularly when it comes to cases such as infrastructure projects where the possibility of a breach of EU environmental law is envisaged;

Amendment 51 #

Draft opinion
Paragraph 4 d (new)

4d. Expresses concern that cases relevant to the free movement of persons and Union citizens, despite being low in number - comparing to other areas of law – are among the sectors with the longest average duration pending at a pre- litigation phase (55 months on average for the year 2016). Therefore, calls for a timely processing, thus safeguarding legal certainty and the protection of legitimate interests.

Amendment 52 #

Draft opinion
Paragraph 4 e (new)

4e. Notes that 95 infringement cases are still open whereas the CJEU has ruled on the failure to comply of the Member States and only 3 of these cases have led the Commission to seize the Court on the basis of Art. 260; considers that it is of the utmost importance to ensure full and timely execution of Courts decisions and when necessary to make full use of the provisions of Art. 279 TFEU to prevent any undermining of EU law and Court's authority ; calls on the Commission to tackle this situation and to report regularly on the progress made to the European Parliament ;

Amendment 53 #

Draft opinion
Paragraph 4 e (new)

4e. Highlights the importance to safeguard the integrity of the EU legal order, which includes primary, secondary and soft law. For that reason calls for the timely adoption of legislative and non- legislative initiatives required for making European Pillar of Social Rights a reality for citizens. Underlines that timely adoption of legislative and non-legislative initiatives is a necessity recognized both by the European Commission and the European Parliament.

Amendment 54 #

Draft opinion
Paragraph 4 e (new)

4e. Calls for the adoption of a EU legislative act enabling genuine EU inspections on environmental legislation, either through specific staff in DG ENV or through the European Environment Agency (EEA); suggests an update of the Regulation 1210/90 on the establishment of the EEA, in order to further deploy its article 20 to explicitly entrust it to support the Commission in carrying out this inspection role;

Amendment 55 #

Virginie ROZIÈRE, Andrea COZZOLINO, Gabriele PREUSS, Marlene MIZZI

Draft opinion
Paragraph 4 f (new)

4f. Supports the Commission's aim to strengthen enforcement of EU law based on structured and systematic transposition and conformity checks of national legislation so that it is in full compliance with the EU Treaties and secondary legislation; calls on the Commission to allocate sufficient resources to carry out the correlation tables for all necessary EU legal instruments; requests that the correlation tables and conformity checking studies for the transposition of provisions of EU directives are made publically available by the Commission, in order to improve the quality of transpositions and allow the scrutiny of the concerned stakeholders; invites the Commission to systematically report on the explanatory documents in the annual reports on the application of EU law;

Amendment 56 #

Draft opinion
Paragraph 4 f (new)

4f. Calls on the Commission to increase the transparency of its enforcement policy in full application of effective and good administration principle ; invites the Commission to systematically communicate its decisions as regards the infringement procedures and its different steps taken by the College of Commissioners and to publish the agenda and the main outcomes of package meetings ;

Amendment 57 #

Draft opinion
Paragraph 4 g (new)

4g. Invites the Commission to further involve regional and local authorities in the implementation efforts, and to ensure adequate coordination with the national authorities by enhancing the support provided by the Technical Platform for Cooperation on the Environment of the Commission and the Committee of Regions;

Amendment 58 #

Draft opinion
Paragraph 4 h (new)

4h. Notes the recently adopted communications by the Commission encompassing measures to facilitate access to justice1a and support environmental compliance assurance in Member States2a, as foreseen in the Commission Work Programme 2017: "Delivering a Europe that protects, empowers and defends"; expects that these tools will effectively contribute to improve the effective application of EU environmental legislation; _________________ 1aC(2017) 2616 final - COMMUNICATION FROM THE COMMISSION of 28.4.2017: Commission Notice on Access to Justice in Environmental Matters 2aCOM(2018) 10 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THEEUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS EU actions to improve environmental compliance and governance

Amendment 59 #

Draft opinion
Paragraph 5

5. ~~Notes that, according to Standard Eurobarometer 86, a majority of EU citizens favours a common EU policy in areas such as defence, migration and terrorism; r~~Recalls that, in order for ~~such~~EU policies to be successful, it is paramount that they are implemented in a timely and uniform manner in all Member States; notes with concern that certain Member States are disregarding their obligations with regard to asylum and migration, in particular where relocation of asylum seekers and immigrants is concerned;

Amendment 6 #

Nicola CAPUTO

Draft opinion
Paragraph 1 a (new)

1a. Emphasises that the simplicity, clarity and reliability of the European legal framework are fundamental to the effective and uniform application of EU law;

Amendment 6 #

Draft opinion
Paragraph 1

Amendment 60 #

Gabriele PREUSS, Soledad CABEZÓN RUIZ, Jude KIRTON-DARLING, Demetris PAPADAKIS, Marlene MIZZI

Draft opinion
Paragraph 5

5. Notes that, according to Standard Eurobarometer 86, a majority of EU citizens favours a common EU policy in areas such as defence, migration and terrorism; recalls that, in order for ~~such policies to be successful, it is paramount that they are implemented in a timely and uniform manner in all Member States~~terrorism policy to succeed, it is essential to ensure the effectiveness of the rules adopted in upholding security, fundamental rights and individual freedoms simultaneously, while achieving more effective and timely judicial cooperation between all Member States when it comes exchanges of information regarding interconnections between terrorism and organised crime and the adoption of countermeasures; considers that EU defence policy should serve as a UN peacekeeping instrument; stresses that EU migration policy should ensure legal channels of entry, the automatic and compulsory relocation of asylum seekers and improved cooperation between all Member States in order address more effectively the serious economic and social problems afflicting migrants' countries of origin; notes with concern that certain Member States are disregarding their obligations with regard to asylum and migration, in particular where relocation of asylum seekers and immigrants is concerned;

Amendment 61 #

Draft opinion
Paragraph 5

5. Notes that, according to Standard Eurobarometer 86, free movement of EU citizens, who can live, work, study and do business anywhere in the EU, is the most positive result of the EU, and a majority of EU citizens favours a common EU policy in areas such as defence, migration and terrorism; recalls that, in order for such policies to be successful, it is paramount that they are implemented in a timely and uniform manner in all Member States; notes with concern that certain Member States are disregarding their obligations with regard to asylum and migration, in particular where relocation of asylum seekers and immigrants is concerned; underlines that the lack of solidarity between some Member states with regard to asylum and migration should be addressed so that all Member States meet their obligations;

Amendment 62 #

Draft opinion
Paragraph 5

Amendment 63 #

Draft opinion
Paragraph 5 a (new)

5a. Points out that austerity policies and related cuts made by Member States to their government sectors and judicial systems have resulted in a deterioration in the level of protection of citizens’ rights, while at the same time exacerbating the difficulties relating to the proper transposition of EU law;

Amendment 64 #

Draft opinion
Paragraph 6

6. ~~Welcom~~Notes the ~~proactive work of~~work done by the Commission on the application of uUnion law ~~under the Better Regulation Package, and the support offered to Member States through implementation plans f~~; considers it necessary to abandon austerity policies immediately, so as to provide Member States with the support ne~~w directives; points out, however, that Member States should live up to their responsibility to enforce the rules they have jointly adopted.~~cessary to help them meet their responsibility when it comes to ensuring the highest degree of protection for the economic, social and cultural rights of all citizens;

Amendment 65 #

Draft opinion
Paragraph 6

6. ~~Welcom~~Deplores the ~~proactive work of the Commission on the application of union law under the Better Regulation Package, and the support offered to Member States through implementation plans for new direc~~overall high number of infringement procedures in 2016 and calls upon the Member States to ensure compliance with EU legislation at the earliest opportunity; points out that Member States should live up to their responsibility to enforce the rules they have jointly adopted; endorses in this regard the Commission's reaffirmed approach to continue advocating for lump sums together with daily penaltives~~; points out, however, that Member States should live up to their res~~ in cases brought to the Court of Justice due to the failure of a Member State to properly transpose or enforce a EU directive, in accordance with article 260 TFEU; invites the Commission to explore the ponssibilit~~y to enforce the rules they have jointly adopted.~~ ies to re-invest the funds collected from penalties for lack of compliance into concrete measures aimed at addressing the situation, particularly when it concerns environmental matters such as water and waste management;

Amendment 66 #

Gabriele PREUSS, Andrea COZZOLINO, Virginie ROZIÈRE, Soledad CABEZÓN RUIZ, Jude KIRTON-DARLING, Demetris PAPADAKIS

Draft opinion
Paragraph 6

6. ~~Welcom~~Notes the proactive work of the Commission on the application of union law under the Better Regulation Package, and the support offered to Member States through implementation plans for new directives; points out, however, that Member States should live up to their responsibility to enforce the rules they have jointly adopted.

Amendment 67 #

Draft opinion
Paragraph 6

6. Welcomes the proactive work of the Commission on the application of union law under the Better Regulation Package, and the support offered to Member States through implementation plans for new directives; points out, however, that Member States should live up to their responsibility to enforce the rules they have jointly adopted and avoid the practice of gold plating when implementing EU law to avoid citizens’ confusion on the distinction between EU and national law and citizens’ impression that the EU over legislates.

Amendment 68 #

Draft opinion
Paragraph 6 a (new)

6a. Underlines the significance of the role of the Commission as the'' guardian of the Treaties''. Reiterates that the Commission investigative powers which are only sectoral and not general (currently in the areas of antitrust/competition - Council Regulation No. 1/2003, merger control - Council Regulation No. 139/2004, and State Aid - Council Regulation 2015/1589) are about to expanded through the proposal of the Single Market Information Tool (SMIT) which will allow requests of information from private firms or trade associations when the Commission initiates or substantiates infringements proceedings against Member States. Stresses the need to safeguard within that framework of the exercise of those powers adequate defence rights and procedural safeguards, such as the protection against self-incrimination (derivative of the right to a fair trial and the presumption of innocence) enshrined in Article 6 of the European Convention on Human Rights and Article 47 and 48 of Fundamental rights of the EU while ensuring full transparency.

Amendment 69 #

Draft opinion
Paragraph 6 a (new)

6a. Commits to foster closer cooperation and strengthen the links with the national parliaments in the law- making process, particularly assisting in the adoption of legislation correctly transposing the EU law; intends to follow more closely the development of the package meetings between the Commission and Member States to solve compliance problems subject to infringement procedures; requests to be invited or at least be notified timely about their occurrence, as well as on the meetings between the Commission and the relevant complainants or NGOs; offers to be involved and contribute to the development of Commission Guidelines on the implementation of EU law and to assist facilitating their implementation;

Amendment 7 #

Gabriele PREUSS, Andrea COZZOLINO, Virginie ROZIÈRE, Soledad CABEZÓN RUIZ, Jude KIRTON-DARLING, Demetris PAPADAKIS

Draft opinion
Paragraph 1 b (new)

1 b. Stresses that the inadequate integration of environmental considerations into other policy areas is one of the root causes of poor implementation of environmental legislation and policy;

Amendment 7 #

Draft opinion
Paragraph 1 – subparagraph 1 (new)

Notes the increase in EU infringement procedures for 2016 which show that the timely and correct implementation of EU legislation remains a challenge;

Amendment 70 #

Draft opinion
Paragraph 6 a (new)

6a. Regrets the shortcomings of the Commission approach to animal welfare, ignoring as it does the serious inconsistencies reported by a large number of citizens who have exercised the right of petition; reiterates its call for the launching of a new strategy at EU level to bridge all the existing gaps and ensure full and effective protection of animal welfare through a clear and comprehensive legislative framework that fully meets the requirements of Article 13 TFEU;

Amendment 71 #

Svetoslav Hristov MALINOV, Peter JAHR, Pál CSÁKY, Cristian Dan PREDA, Jarosław WAŁĘSA

Draft opinion
Paragraph 6 a (new)

6a. Calls on the European Commission to acknowledge the role of petitions in monitoring the application of European Union law and points out that petitions, along with complains to the Commission, are among the first indicators of problems related to implementation of EU legislation;

Amendment 72 #

Draft opinion
Paragraph 6 a (new)

6a. Calls on the Commission to examine thoroughly the petitions, related to quality differences of the same brand food products in different Member States; urges the Commission to put an end to unfair practices and make sure that all consumers are treated equally;

Amendment 73 #

Svetoslav Hristov MALINOV, Peter JAHR, Pál CSÁKY, Cristian Dan PREDA, Jarosław WAŁĘSA

Draft opinion
Paragraph 6 b (new)

6b. Welcomes the Commission’s active involvement in improving the monitoring of EU law application; underlines the importance of petition-based fact-finding missions to Member States, organised by the Committee on Petitions, whenever possible and reasonable to improve the investigation of petitioners’ claims and establishing of facts; calls on the Commission to take serious note of the mission reports thereof as an essential source of information for detecting possible breaches of EU law;

Amendment 74 #

Draft opinion
Paragraph 6 b (new)

6b. Deplores the fact that, in certain EU Member States, the right to health is being undermined by major shortcomings that are continuing to beset the implementation and enforcement of EU environmental legislation, particularly when it comes to compliance with air quality limit values, waste management and waste water treatment infrastructure;

Amendment 75 #

Draft opinion
Paragraph 6 b (new)

6b. Highlights that the proposal for revision of the Regulation 211/2011 is a positive step towards the contact between the citizens and the institutions and could contribute in releasing the untapped potential of the European Citizen's Initiative and eventually enriching the gap of democratic legitimacy.

Amendment 76 #

Draft opinion
Paragraph 6 b (new)

6b. Points out that, by discussing petitions, the Committee on Petitions helps to draw attention to the misapplication of EU law; proposes that Member State representatives might be more present during these discussions in the committee.

Amendment 77 #

Svetoslav Hristov MALINOV, Peter JAHR, Pál CSÁKY, Jarosław WAŁĘSA

Draft opinion
Paragraph 6 c (new)

6c. Is highly critical of Commission procedures for monitoring the application of EU law on fixed-term work; deplores the ineffective management of infringement proceedings against a number of Member States in this area, which has encouraged the spread of precarious employment and the continuation of inadmissible practices at the expense of numerous citizens;

Amendment 78 #

Draft opinion
Paragraph 6 c (new)

6c. Draws the attention of the Commission to the latest Parliament resolutions based on petitions; highlights the need for follow-up actions to remedy these specific cases of shortcomings in the application and implementation of the EU law in the Member States.

Amendment 79 #

Draft opinion
Paragraph 6 d (new)

6d. Points out that discrimination on the basis of official language(s) of a Member State in schools and public administration hampers free movement as stipulated in article 26 section 2 of the TFEU. Calls on the Commission to study this breach of the internal market.

Amendment 8 #

Draft opinion
Paragraph 1 c (new)

1 c. Recalls that on several occasions the European Parliament has called on the Commission more proactively to monitor, direct and support the implementation of environmental legislation and policies;

Amendment 8 #

Draft opinion
Paragraph 1 a (new)

1a. Notes that the European Parliament as the quintessence of representative democracy, should perform a crucial role in enforcing and implementing EU Law. The European Parliament's role as a natural receptor of petitions (materializing the right to petition enshrined in the article 44 of the EU Charter of Fundamental Rights of the European Union and articles 20 and 227 TFEU) is to liaise between the citizens and the institutions in cases relating to the implementation of EU law and provide fertile ground for discussion. For that reason stresses that the Parliament´s capacity to establish committees of inquiry and special committees should be elevated to pinpoint and examine cases serving the general public interest. The requirements of participatory democracy stated in the Lisbon Treaty provide that every citizen shall have the right to participate in the democratic life of the Union. Highlights, that citizens themselves have been instrumental in drawing to the attention of the institutions, cases of improper or non-application of EU law.

Amendment 9 #

Draft opinion
Paragraph 2

2. Points out that the Commission has the power and the duty to oversee the application of EU law and to institute infringement proceedings against a Member State that has failed to fulfil an obligation under the Treaties;deleted

Amendment 9 #

Draft opinion
Paragraph 1 a (new)

1a. Draws attention to the Study commissioned by the Committee on Petitions to the Policy Department C on "Monitoring the implementation of EU law: tools and challenges"1a, and welcomes the concrete recommendations for action to this Parliament; _________________ 1a http://www.europarl.europa.eu/RegData/e tudes/STUD/2017/596799/IPOL_STU(201 7)596799_EN.pdf

source: 618.185

2018/03/02 JURI 93 amendments...

Amendment 1 #

Motion for a resolution
Citation 1

– having regard to the Treaty of the European Union (TEU) and in particular Articles 2 and 3 thereof,

Amendment 10 #

Motion for a resolution
Recital B a (new)

Ba. whereas, according to settled case law of the Court of Justice of the European Union (CJEU), the Member States must supply the Commission with clear and precise information on the way in which they transpose EU directives into national law; 1Case C-427/07, Commission v. Ireland, par. 107:

Amendment 11 #

Jean-Marie CAVADA, Jens ROHDE, António MARINHO E PINTO

Motion for a resolution
Recital C a (new)

Ca. whereas the case law established by the Court of Justice requires Member States to supply the Commission with clear and precise information on the way in which they transpose EU directives into national law1a;

Amendment 12 #

Motion for a resolution
Recital C a (new)

Ca. whereas the correct application of EU law guarantees the benefits of Union's policies to all European citizens and a level playing field for businesses;

Amendment 13 #

Cb. whereas, according to the Joint Political Declaration of 28 September 2011 between the Commission and the Member States2a and the Joint Political Declaration of 27 October 2011 of the European Parliament, the Council and the Commission,3a Member States may, when notifying national transposition measures to the Commission, also be required to provide documents explaining how they have transposed directives into national law4a;

Amendment 14 #

Motion for a resolution
Recital C c (new)

Ca. whereas, following the adoption in December 2019 of the communication entitled 'EU law: Better results through better application',5a the Commission has decided to concentrate on cases where Member States fail to communicate transposition measures, where those measures incorrectly transpose directives, or where Member States fail to comply with a judgment of the Court of Justice (under Article 260(2) TFEU), seriously damage EU financial interests or encroach on EU exclusive powers;

Amendment 15 #

Motion for a resolution
Recital E a (new)

Ea. whereas, recalling its resolution adopted the 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights, considers it necessary in response to the current democratic deficit to establish a new mechanism, providing a single and coherent framework, building on existing instruments and mechanisms, which should be applied in a uniform manner to all EU institutions and all Member States;

Amendment 16 #

Motion for a resolution
Recital E a (new)

Ea. whereas, however, under the new policies adopted by the Commission to ensure compliance with EU law, the aim of the EU Pilot is not to prolong the infringement procedure, which is itself a means of entering into problem-solving dialogue with a Member State;

Amendment 17 #

Motion for a resolution
Recital E b (new)

8b. whereas, in order to ensure a more strategic and effective approach to enforcement in dealing with infringements, the Commission decided, as indicated in its communication entitled 'Better results through better application', to launch infringement procedures without relying on the EU Pilot mechanism unless recourse to it is deemed useful in a given case;

Amendment 18 #

Motion for a resolution
Recital F a (new)

Fa. whereas, according to Article 258(1) and (2) TFEU, the Commission shall deliver a reasoned opinion to a Member State when it considers that the latter has failed an obligation under the Treaties, and may bring the matter before the CJEU if the Member State in question does not comply with the opinion within a deadline set by the Commission;

Amendment 19 #

Motion for a resolution
Recital F a (new)

Fa. whereas in 2016, the Commission launched 847 new infringements procedures for late transposition of directives ;

Amendment 2 #

Motion for a resolution
Citation 1

– having regard to the Treaty of the European Union (TEU) and in particular Articles 1 and 3 thereof,

Amendment 20 #

Motion for a resolution
Recital F b (new)

Fb. whereas in 2016, 95 infringement cases are still open although the CJEU has ruled on the failure to comply of the Member States involved ;

Amendment 21 #

Motion for a resolution
Recital G a (new)

Ga. whereas Article 41 CFREU defines the right to good administration as the right of every person to have his or her affairs impartially, fairly and within a reasonable time by the institutions, and whereas Article 298 TFEU stipulates that, in carrying out their missions, the institutions, bodies, offices and agencies of the Union shall have the support of an open, efficient and independent European administration;

Amendment 22 #

Motion for a resolution
Recital G a (new)

Ga. whereas the Framework Agreement on relations between the European Parliament and the European Commission provides for sharing of information concerning all infringement procedures based on letters of formal notice, but does not cover the informal EU Pilot procedure which precedes the opening of formal infringement proceedings;

Amendment 23 #

Motion for a resolution
Recital G b (new)

Gb. whereas Article 41 CFREU defines the right to good administration as the right of every person to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, and whereas Article 298 TFEU stipulates that, in carrying out their missions, the institutions, bodies, offices and agencies of the Union shall have the support of an open, efficient and independent European administration;

Amendment 24 #

Motion for a resolution
Recital G c (new)

Gc. whereas in its Communication of the 3 February 2017 "The EU Environmental Implementation Review" (EIR) the Commission claims to have laid out a structured and comprehensive dialogue with the Member States about the implementation of EU environmental legislation and without prejudice to its enforcement powers under the EU Treaties, the Commission offers to facilitate the Member States' efforts through a new dedicated framework;

Amendment 25 #

Motion for a resolution
Paragraph 1

1. ~~Welcomes~~Takes note of the Commission’s 2016 Annual Report on monitoring the application of EU law, and notes that according to this report, the four fields in which the greatest number of transposition infringement proceedings were opened against Member States in 2016 were the environment, justice and consumers, taxation, and the internal market;

Amendment 26 #

Motion for a resolution
Paragraph 2

2. Considers that the large number of infringement procedures in 2016 shows that ensuring the timely and correct application of EU legislation in the Member States remains a serious challenge and priority; ~~considers that some of those infringements are the result of the lack of resources dedicated to public administration in some Member States, sometimes as a result of ill-advised austerity measures;~~

Amendment 27 #

Motion for a resolution
Paragraph 2

Amendment 28 #

Motion for a resolution
Paragraph 2

Amendment 29 #

Motion for a resolution
Paragraph 2

2. Considers that the large number of infringement procedures in 2016 shows that ensuring the timely and correct application of EU legislation in the Member States remains a serious challenge and priority, bearing in mind the new, more strategic and effective approach to enforcement adopted by the Commission for 2016; considers that some of those infringements are the result of the lack of resources dedicated to public administration in some Member States, sometimes as a result of ill-advised austerity measures;

Amendment 3 #

Motion for a resolution
Citation 17

– having regard to its resolution of 9 June 2016 for an open, efficient and independent European Union administration7 ~~, _________________ 7~~and resolution of 15 January 2013 with recommendations to the Commission on a Law of Administrative Procedure of the European Union7a; _________________ 7 Texts adopted, P8_TA(2016)0279. Texts adopted, P8_TA(2016)0279. 7a(2012/2024(INL)), OJ C 440, 30.12.2015, p. 17–23.

Amendment 30 #

Motion for a resolution
Paragraph 2

2. Considers that the large number of infringement procedures in 2016 shows that ensuring the timely and correct application of EU legislation in the Member States remains a serious challenge ~~and priority; considers that some~~; notes that a number of those infringements are the result of the lack of resources dedicated to public administration in some Member States, ~~sometimes as a~~itself the result of ill-advised austerity measures imposed by the European Union;

Amendment 31 #

Motion for a resolution
Paragraph 2 a (new)

2a. Underlines the fact that, at the end of 2016, 1 657 infringement cases remained open, which was a considerable increase from the previous year and higher than all previous years;

Amendment 32 #

Motion for a resolution
Paragraph 3

3. Underlines the fact that the number of new complaints is at its highest since 2011, with a record number of 3 783 new complaints; underlines that 986 infringement cases have been open in 2016 among which 847 concern late transposition ; notes with concern that 95 infringement cases are still open whereas the Court of Justice of the European union has ruled on the failure to comply of the Member States involved ;

Amendment 33 #

Motion for a resolution
Paragraph 3

3. Underlines the fact that the number of new complaints is at its highest since 2011, with a record number of 3 783 new complaints; notes in addition that the areas of 'employment' and 'justice and consumers' are the most affected; recalls that the improper application or transposition of EU law by the Member States can considerably reduce consumers' and employees' rights;

Amendment 34 #

3. ~~Underlines~~Expresses its concern at the fact that the number of new complaints is at its highest since 2011, with a record number of 3 783 new complaints, 75% of which were formulated in the following five policy areas: justice and consumers, employment, the internal market, industry, entrepreneurship and SMEs, taxation and customs and the environment;

Amendment 35 #

Motion for a resolution
Paragraph 4

4. ~~Welcom~~Notes the fall in the number of new EU Pilot files opened in 2016 (790 compared with 881 in 2014); notes, however, that the resolution rate fell slightly compared with 2015 (from 75 % to 72 %); notes the new approach of the Commission defined in its Communication1a to use EU Pilot only when it is seen as useful in a given case; asks in this respect the Commission to report on its priority-setting regarding its enforcement policy announced in the same Communication where it states that it will focus its enforcement action where it can make a real difference, and on policy priorities pursuing cases which reveal systemic weakness in a Member States legal system ; _________________ 1a Communication from the Commission "EU law : Better results through better application" (2017/C 18/02)

Amendment 36 #

Motion for a resolution
Paragraph 4

4. Welcomes the fall in the number of new EU Pilot files opened in 2016 (790 compared with 881 in 2014); notes, however, that the resolution rate fell slightly compared with 2015 (from 75 % to 72 %); recalls, however, that the Commission does not undertake any EU Pilot procedures in the event of the late transposition of directives;

Amendment 37 #

Motion for a resolution
Paragraph 4

4. Welcomes the fall in the number of new EU Pilot files opened in 2016 (790 compared with 881 in 2014)5) and the fact that this number has reached the lowest level since 2011; notes, however, that the resolution rate fell slightly compared with 2015 (from 75 % to 72 %);

Amendment 38 #

Motion for a resolution
Paragraph 4

4. ~~Welcomes~~Takes note of the fall in the number of new EU Pilot files opened in 2016 (790 compared with 881 in 2014); notes, however, that the resolution rate fell slightly compared with 2015 (from 75 % to 72 %);

Amendment 39 #

Motion for a resolution
Paragraph 4 a (new)

4a. Stresses that most EU Pilot files that led to formal infringement procedures concerned mainly policy areas pertaining to the environment, the internal market, industry, entrepreneurship and SMEs, energy and taxation and customs; notes also that Hungary, Germany, Spain and Poland had the highest number of files in EU Pilot that were pursued through infringement procedures;

Amendment 4 #

Motion for a resolution
Citation 19

~~– having regard to European Court of Auditors (ECA) Special Report No 17/2017 of November 2017 on the Commission’s intervention in the Greek financial crisis,~~deleted

Amendment 40 #

Motion for a resolution
Paragraph 5

5. Recognises that the primary responsibility for the correct implementation and application of EU law lies with the Member States, but points out that this does not absolve the EU institutions of their duty to respect primary EU law when they produce secondary EU law, even more so in the field of the rule of law and fundamental rights with regard to the CFREUminds the EU institutions of their duty to respect primary EU law when they produce secondary EU law or decide, implement and impose on Member States social, economic or other policies;

Amendment 41 #

Motion for a resolution
Paragraph 5 a (new)

5a. Notes the importance attached by the Commission to the timely and correct transposition of EU law into national legislation and the existence of clear internal framework provisions requiring Member States to accord priority to this objective, so as to avoid infringements of EU law, while ensuring that individuals and undertakings are able to benefit from the effective and efficient implementation thereof;

Amendment 42 #

Motion for a resolution
Paragraph 5 a (new)

5a. Recalls in addition the special role of the social partners and civil society in creating legislation, in reporting shortcomings and in the transposition and application of EU law by the Member States;

Amendment 43 #

Motion for a resolution
Paragraph 5 b (new)

5b. Points out, however, that unrealistic deadlines for the implementation of legislation may make it impossible for Member States to comply, implying tacit acceptance of late implementation; urges the EU institutions to agree on a more realistic timetable for the implementation of regulations and directives, taking due account of the time needed for verification and consultation; considers that the Commission should submit reports, summaries and legislative revisions on the dates agreed by co- legislators and in line with the legal provisions applicable;

Amendment 44 #

Motion for a resolution
Paragraph 5 c (new)

5c. Points out that there were 70 directives to transpose in 2016, up from 56 in 2015; expresses concern at the sharp increase in number of new late transposition infringements from 543 to 847; regrets that, at the end of 2016, 868 late transposition infringement cases were still open, a 67.5 % increase from the 518 cases open at the end of 2015;

Amendment 45 #

Motion for a resolution
Paragraph 5 d (new)

5d. Expresses concern that, as in 2015, the Member States failed to deliver on all their commitments to provide explanatory documents together with the measures they had taken to transpose directives into national legislation; considers that, in view of the uneven quality of many of the explanatory documents submitted, the Commission should provide more assistance to Member States in preparing them and in drawing up correlation tables;

Amendment 46 #

Motion for a resolution
Paragraph 6

6. Emphasises that the EU has been set up as a Union based on the rule of law and respect for human rights (Article 2 of the TEU); notes that, in implementing EU legislation, Member States must comply fully with the fundamental rights enshrined in the Treaties and in the European Charter of Fundamental Rights; reiterates that careful monitoring of the acts and omissions of Member States and EU institutions is of the utmost importance;

Amendment 47 #

Motion for a resolution
Paragraph 6

6. ~~Emphasises that the EU has been set up as a Union based on the rule of law and respect for human rights (Article 2 of the TEU); r~~Reiterates that careful monitoring of the acts and omissions of ~~Member States and~~ EU institutions is of the utmost importance;

Amendment 48 #

Motion for a resolution
Paragraph 6 a (new)

6a. Points out that the EU institutions are bound by the subsidiarity principle and by Member State prerogatives; calls therefore for closer dialogue with national parliaments, in particular when they express concerns about compliance with the subsidiarity principle;

Amendment 49 #

Motion for a resolution
Paragraph 6 a (new)

6a. Underlines the important role of the social partners, civil society organisations and other stakeholders in creating legislation and in monitoring and reporting shortcomings in the transposition and application of EU law by the Member States;

Amendment 5 #

Motion for a resolution
Citation 19

~~– having regard to European Court of Auditors (ECA) Special Report No 17/2017 of November 2017 on the Commission’s intervention in the Greek financial crisis,~~deleted

Amendment 50 #

Motion for a resolution
Paragraph 6 a (new)

6a. Reiterates its concern at the number of petitions to Parliament and complaints to the Commission concerning issues supposedly resolved by the Commission;

Amendment 51 #

Motion for a resolution
Paragraph 6 b (new)

6b. Underlines the important role of the social partners, civil society organisations, European citizens and other stakeholders in creating legislation and in monitoring and reporting shortcomings in the transposition and application of EU law by the Member States; thus welcomes the increased awareness of the citizens in reviewing EU policy, including the crucial role of whistle-blowers in the private and public sector;

Amendment 52 #

Motion for a resolution
Paragraph 6 c (new)

6c. Calls on the Commission to exert the most transparency and coherence possible in its efforts to create a new framework dedicated to the implementation of environmental legislation with Member States as well a new framework for deeper and fairer economic and monetary union so that relevant problems can be resolved more effectively; calls on the Commission to consider creating such a framework specifically dedicated to fair and balanced development, employment, social affairs and inclusion affairs in relation to the European Pillar for Social Rights;

Amendment 53 #

Emil RADEV, József SZÁJER

Motion for a resolution
Paragraph 7

7. Recalls that the Commission has a duty to monitor and assess the correct implementation of Union law and respect for the principles and objectives enshrined in the Treaties by the Member States and all the Union institutions and bodies; calls on the Commission to perform its duties as Guardian of the Treaties in full respect of the principle of good and effective administration laid down by Articles 298 of TFEU and 41 of the Charter of Fundamental Rights of the EU; calls therefore on the Commission to implement an equally balanced policy where the accompaniment of Member States is reinforced in order to ease the implementation and the respect of EU law as well as a more severe infringement policy is conducted when these obligations of the Treaties are not respected ;recommends, therefore, that this task is taken into consideration within the policy cycle for democracy, the rule of law and fundamental rights (DRF policy cycle); recalls, in this connection, its resolution of 25 October 2016, advising the Commission to bundle, from 2018 onwards, its relevant annual thematic reports with the outcome of existing monitoring mechanisms and periodic assessment tools, to be presented in due time;

Amendment 54 #

Motion for a resolution
Paragraph 7

7. Recalls that the Commission has a duty to monitor and assess the correct implementation of Union law and respect for the principles and objectives enshrined in the Treaties by the Member States and all the Union institutions and bodies; recommends, therefore, that this task is taken into consideration within the policy cycle for democracy, the rule of law and fundamental rights (DRF policy cycle); recalls, in this connection, its resolution of 25 October 2016, advising the Commission to bundle, from 2018 onwards, its relevant annual thematic reports with the outcome of existing monitoring mechanisms and periodic assessment tools, to be presented in due time;

Amendment 55 #

Motion for a resolution
Paragraph 7

7. Reiterates its call on the Commission to submit, on the basis of Article 295 TFEU, a proposal for the conclusion of a Union Pact for democracy, the rule of law and fundamental rights (EU Pact for DRF); recalls that the Commission has a duty to monitor and assess the correct implementation of Union law and respect for the principles and objectives enshrined in the Treaties by the Member States and all the Union institutions and bodies; recommends, therefore, that this task is taken into consideration within the policy cycle for democracy, the rule of law and fundamental rights (DRF policy cycle); recalls, in this connection, its resolution of 25 October 2016, advising the Commission to bundle, from 2018 onwards, its relevant annual thematic reports with the outcome of existing monitoring mechanisms and periodic assessment tools, to be presented in due time;

Amendment 56 #

Motion for a resolution
Paragraph 7

7. Recalls that the Commission has a duty to monitor and assess the correct implementation of Union law and respect for the principles and objectives enshrined in the Treaties by the Member States and all the Union institutions and bodies; ~~recommends, therefore, that this task is taken into consideration within the policy cycle for democracy, the rule of law and fundamental rights (DRF policy cycle);~~ recalls, in this connection, its resolution of 25 October 2016, advising the Commission to bundle, from 2018 onwards, its relevant annual thematic reports with the outcome of existing monitoring mechanisms and periodic assessment tools, to be presented in due time;

Amendment 57 #

Motion for a resolution
Paragraph 7 a (new)

7a. Notes the persistent and worsening situation of overdue transposition of directives with 847 new infringement cases open in 2016 for late transposition, which represents an annual increase of more than 60% and led to 868 open late transposition cases at the end of 2016; strongly regrets the insignificant number of cases referred by the Commission to the Court on the basis of Art. 260.3 whereas it is commonly agreed that financial penalties have decisive impacts on the promptness of Member States to comply with EU law ; requests for the sake of the EU a full and rigorous application of the procedure laid down by Art. 260.3 for non-communication cases respecting the core intention of the European constituent powers to ensure a timely and effective redress mechanism; invites the Commission to make full use of available monitoring and preventive tools such as Commission Transposition and Implementation Plans (TIPs), conformity checking studies, explanatory documents and correlation tables ; invites the Commission and the Council to fully implement the 2016 interinstitutional agreement on better law making1a and the 2011 Joint Political Declaration1b; _________________ 1a OJ L 123 of 12.5.2016 1b OJ 2011/C 369/02

Amendment 58 #

Motion for a resolution
Paragraph 7 a (new)

7a. Welcomes the Commission's commitment to actively help Member States transpose and implement European legislation by preparing implementation plans for certain directives and regulations;

Amendment 59 #

Motion for a resolution
Paragraph 7 b (new)

7b. Notes the unsatisfying level of application of EU law among Member States as illustrated by the high number of complaints sent to the Commission and the important flow of petitions addressed to the European Parliament; welcomes the intention of the Commission as expressed in its communication of December 2016 to increase its use of preventive tools such as package meetings, implementation guidelines, experts groups, specialised networks including the SOLVIT network and to support capacity building in Member States to enforce EU law ;call on the Commission to use the provisions of Art. 197 TFEU for implementing this renewed enforcement policy in full partnership with Member States and the European institutions ; calls on the Commission to improve its handling of petitions addressed by providing timely and in- depth answers ;

Amendment 6 #

Motion for a resolution
Citation 19

~~– having regard to European Court of Auditors (ECA) Special Report No 17/2017 of November 2017 on the Commission’s intervention in the Greek financial crisis,~~deleted

Amendment 60 #

Motion for a resolution
Paragraph 7 c (new)

7c. Notes that 95 infringement cases are still open whereas the CJEU has ruled on the failure to comply of the Member States and only 3 of these cases have led the Commission to seize the Court on the basis of Art. 260; considers that it is of the utmost importance to ensure full and timely execution of Courts decisions and when necessary to make full use of the provisions of Art. 279 TFEU to prevent any undermining of EU law and Court's authority ; calls on the Commission to tackle this situation and to report on the progress made to the European Parliament regularly ;

Amendment 61 #

Motion for a resolution
Paragraph 8 a (new)

8a. Recommends that any inter- parliamentary debate on democracy, the rule of law and fundamental rights shall include civil society and civic participation, e.g. through petitions transmitted to the European Parliament and the European Citizens Initiative;

Amendment 62 #

Motion for a resolution
Paragraph 9

9. Stresses that Memoranda of Understanding concluded between the EU institutions and Member States are not considered EU acts, even if Member States are obliged thereunder to implement fiscal and tax policies for severe cutbacks;deleted

Amendment 63 #

Motion for a resolution
Paragraph 9

Amendment 64 #

Motion for a resolution
Paragraph 9

9. Stresses that Memoranda of Understanding concluded between the EU institutions and Member States are not considered EU acts~~, even if Member States are obliged thereunder to implement fiscal and tax policies for severe cutbacks~~ pursuant to Article 288 TFEU;

Amendment 65 #

Motion for a resolution
Paragraph 10

10. Notes that the duties conferred on the Commission and the European Central Bank (ECB) within the Treaty establishing the European Stability Mechanism (ESM), important as they are, do not entail any power to make decisions of their own, and that the activities pursued by those two institutions within the ESM Treaty commit the ESM alone and not the EU institutions9; _________________ 9deleted Idem, paragraph 51.

Amendment 66 #

Amendment 67 #

Motion for a resolution
Paragraph 10

Amendment 68 #

Motion for a resolution
Paragraph 11

11. Points out that major decisions for the EU, the Member States and its people, such as decisions on national budgets and reforms, are usually prepared in almost complete opacity and taken by ministers without adherence to basic transparency principles, often after very limited discussions and with no formal rules10; regrets that there is no accountability to Parliament for those decisions11and encourages the competent institutions to change this situation; _________________ 10See, inter alia: http://www.pierremoscovici.fr/2017/09/02/ my-speech-at-the-ambrossetti-forum-the- future-of-the-euro/ 11deleted Ibid.

Amendment 69 #

Motion for a resolution
Paragraph 11

Amendment 7 #

Motion for a resolution
Recital A a (new)

Aa. whereas Article 2 of the TEU stipulates that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities;

Amendment 70 #

Motion for a resolution
Paragraph 11

11. Points out that major decisions for the EU, the Member States and its people, such as decisions on national budgets and reforms, are usually prepared in almost complete opacity and taken by ministers without adherence to basic transparency principles, often after very limited discussions and with no formal rules10 ; regrets that there is no accountability to Parliament for those decisions11 and encourages the competent institutions to change this situation; _________________ 10See, inter alia: http://www.pierremoscovici.fr/2017/09/02/ my-speech-at-the-ambrossetti-forum-the- future-of-the-euro/ 11 Ibid.deleted

Amendment 71 #

Motion for a resolution
Paragraph 11 a (new)

11a. Calls on the Commission to increase the transparency of its enforcement policy in full application of effective and good administration principle ; invites the Commission to systematically communicate its decisions as regard the infringement procedures and its different steps taken by the College of Commissioners and to publish the agenda and the main outcomes of package meetings ; reiterate its call on the Commission to involve petitioners in the EU pilot procedures initiated in relation to their petitions, inter alia to facilitate dialogue between the petitioner and the national authorities concerned ;

Amendment 72 #

Motion for a resolution
Paragraph 12

12. Expresses concern that the robust fiscal measures (including reductions in expenditure on pensions, the health system and public administration) and reforms of tax policy and tax administration envisaged in the structural adjustment programmes and imposed on the Member States by the EU institutions have had negative effects, inter alia on labour, pension rights and employment12, and on healthcare systems and the right to health and education13; _________________ 12See, inter alia: http://www.ohchr.org/Documents/Issues/I EDebt/LabourRights/Greece.pdf; ECA Special Report No 17/2017. 13 See, inter alia: http://www.kentikelenis.net/uploads/3/1/8/ 9/31894609/kentikelenis2017- structural_adjustment_and_health_a_con ceptual_framework_and_evidence_on_pat hways.pdfdeleted

Amendment 73 #

Motion for a resolution
Paragraph 12

12. Expresses concern that the robust fiscal measures (including reductions in expenditure on pensions, the health system and public administration) and reforms of tax policy and tax administration envisaged in the structural adjustment programmes and imposed on the Member States by the EU institutions have had negative effects, inter alia on labour, pension rights and employment12 , and on healthcare systems and the right to health and education13 ; _________________ 12See, inter alia: http://www.ohchr.org/Documents/Issues/I EDebt/LabourRights/Greece.pdf; ECA Special Report No 17/2017. 13See, inter alia: http://www.kentikelenis.net/uploads/3/1/8/ 9/31894609/kentikelenis2017- structural_adjustment_and_health_a_con ceptual_framework_and_evidence_on_pat hways.pdfdeleted

Amendment 74 #

Motion for a resolution
Paragraph 12

12. Expresses concern that the robust fiscal measures (including reductions in expenditure on pensions, the health system and public administration) and reforms of tax policy and tax administration envisaged in the structural adjustment programmes and imposed on the Member States by the EU institutions have ~~had negative~~not had the intended effects, inter alia on labour, pension rights and employment12, and on healthcare systems and the right to health and education13; _________________ 12 See, inter alia: http://www.ohchr.org/Documents/Issues/IE Debt/LabourRights/Greece.pdf; ECA Special Report No 17/2017. 13 See, inter alia: http://www.kentikelenis.net/uploads/3/1/8/ 9/31894609/kentikelenis2017- structural_adjustment_and_health_a_conce ptual_framework_and_evidence_on_pathw ays.pdf

Amendment 75 #

Jean-Marie CAVADA, Jens ROHDE, António MARINHO E PINTO

Motion for a resolution
Paragraph 13

13. Calls on the Commission to enhance, where possible and necessary, the portion of the European Social Fund dedicated to ‘enhancing institutional capacity of public authorities and stakeholders and efficient public administration’ (Thematic Objective 11)14 in order to promote social welfare and economic development, and to enhance the effectiveness of beneficial legislation; calls on the Commission to make full use of Article 197 TFEU to enhance capacity building of the Member States in implementing and enforcing EU law ; _________________ 14 Article 3(d) of Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006; OJ L 347, 20.12.2013, p. 470.

Amendment 76 #

Motion for a resolution
Paragraph 13

13. Calls on the Commission to enhance, where possible and necessary, the ~~portion of the European Social Fund dedic~~instruments designed to help Member Stateds to ~~‘enhancing institutional capacity of public authorities and stakeholders and efficient public administration’ (Thematic Objective 11)14 in order to promote social welfa~~recognize transposition problems, address them at an early stage of the infringement procedures and economic development, and to enhance the effectiveness of beneficial legislation; _________________ 14Article 3(d) of Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006; OJ L 347, 20.12.2013, p. 470.help them find joined solutions and thus, enhance the effectiveness of EU legislation;

Amendment 77 #

Jean-Marie CAVADA, Jens ROHDE, António MARINHO E PINTO

Motion for a resolution
Paragraph 13

13. Calls on the Commission to enhance, where possible and necessary, the ~~portion of the European Social Fund~~financial resources dedicated to ‘enhancing institutional capacity of public authorities and stakeholders and efficient public administration’ ~~(Thematic Objective 11)14~~in order to promote social welfare and economic development, and to enhance the effectiveness of beneficial legislation; _________________ 14Article 3(d) of Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006; OJ L 347, 20.12.2013, p. 470.

Amendment 78 #

Motion for a resolution
Paragraph 13 a (new)

13a. Recalls that the legislation which gives rise to the most flagrant infringement proceedings is the result of directives; recalls that regulations are directly and compulsorily applicable in all the Member States; calls, therefore, on the Commission to make use of regulations as far as possible whenever it considers issuing legislative proposals; considers that such an approach could mitigate the risk of over-regulation;

Amendment 79 #

Jean-Marie CAVADA, Jens ROHDE, António MARINHO E PINTO

Motion for a resolution
Paragraph 13 b (new)

13b. Recalls that preliminary rulings help to clarify the manner in which the law of the European Union is to be applied; considers that recourse to this procedure allows a uniform interpretation and implementation of European legislation; encourages, therefore, national courts to refer questions to the Court of Justice of the European Union in the event of doubt and thus prevent infringement proceedings;

Amendment 8 #

Motion for a resolution
Recital A a (new)

Aa. whereas Article 2 of the TEU stipulates that the European union is founded on the rule of law ;

Amendment 80 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission to pay particular attention to its control over the implementation of Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market15, and to launch ~~the necessary~~ infringement proceedings where necessary, being particularly vigilant with regard to incorrect or bad application; _________________ 15 OJ L 193, 19.7.2016, p. 1. OJ L 193, 19.7.2016, p. 1.

Amendment 81 #

Motion for a resolution
Paragraph 14 a (new)

14a. Welcomes the Commission's continued efforts to enforce the EU environmental rules in order to ensure a level playing field for all Member States and economic operators and to address shortcomings in the implementation and enforcement of EU environmental legislation, including resorting to infringement proceedings if necessary; underlines, however, the known limitations in the effectiveness of the EU environmental rules and in particular the Environmental Liability Directive (the 'ELD'); calls on the Commission to take note on Parliament's resolution on the implementation of the ELD1a; _________________ 1a Texts adopted, P8_TA- PROV(2017)0414.

Amendment 82 #

Motion for a resolution
Paragraph 14 b (new)

14b. Emphasizes that the EU's acquis comprises also international agreements concluded by the EU; notes with serious concern that EU environmental rules may not be in compliance with the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters ('the Aarhus Convention')1a in not granting sufficient access to justice to environmental organisations and members of the public; calls, therefore the Commission to pay attention to the findings and recommendations of the Aarhus Convention Compliance Committee1b and the Council position of 13 July 20171c and explore ways and means to comply with the Aarhus Convention in a way that is compatible with the fundamental principles of the Union legal order and with its system of judicial review; _________________ 1a OJ L 124, 17.5.2005, p. 4. 1bACCC/C/2008/32 (EU), Part II, adopted 17 March 2017 1c11150/17; Interinstitutional File: 2017/0151 (NLE);

Amendment 83 #

Norbert ERDŐS, József SZÁJER

Motion for a resolution
Paragraph 15

Amendment 84 #

Motion for a resolution
Paragraph 15

Amendment 85 #

Motion for a resolution
Paragraph 15

15. Calls on the Commission to pay particular attention to the implementation of measures adopted in the area of asylum and migration, so as to ensure that they comply with the principles enshrined in the CFREU, and to launch the necessary infringement proceedings where relevant ; underlines that the lack of solidarity between some Member states with regard to asylum and migration should be addressed so that all Member States meet their obligations ;

Amendment 86 #

Motion for a resolution
Paragraph 15

15. Calls on the Commission to ~~pay particular attenti~~continue to mon itor the implementation of measures adopted in the area of asylum and migration, ~~so as to ensure that~~including theyir compl~~y with the principles enshrined in the CFREU, and to launch the necessary infringement proceedings where relevant~~iance with the CFREU, and to work with the Member States to overcome any difficulties they may encounter in that implementation;

Amendment 87 #

Emil RADEV, József SZÁJER

Motion for a resolution
Paragraph 16

16. Calls on the Commission to respond effectively to the developing migration and security situations and to enforce the European Agenda on Migration and the related implementation packages efficiently; asks the Member States to implement the Return Directive (2008/115/EC)16correctly and to report regularly on the implementation of the European Agenda on Migration; _________________ 16do its utmost to help Member States combat irregular migration; OJ L 348, 24.12.2008, p. 98.

Amendment 88 #

Motion for a resolution
Paragraph 16

16. Calls on the Commission to respond effectively to the developing migration and security situations and to enforce the European Agenda on Migration and the related implementation packages efficiently; asks the Member States to implement the Return Directive (2008/115/EC)16 correctly and to report regularly on the implementation of the European Agenda on Migration; _________________ 16; asks the Member States to implement the Return Directive (2008/115/EC) including by seeking the assistance of Frontex for effective returns, and to swiftly reach an agreement on amending the EU asylum legislation; OJ L 348, 24.12.2008, p. 98.

Amendment 89 #

Jean-Marie CAVADA, Jens ROHDE, António MARINHO E PINTO

16a. Calls on the Commission to check the compatibility of the zero hour contracts with EU employment legislation, including the part time workers directive as many petitions have been received in 2016 relate to precarious work ;

Amendment 9 #

Motion for a resolution
Recital B

B. whereas Article 3 of the TEU stipulates that the aims of the Union are, inter alia, to promote peace, its values and the well-being of its peoples and to work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment, and that the Union shall combat social exclusion and discrimination, and promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child,

Amendment 90 #

Motion for a resolution
Paragraph 17

17. Encourages the EU institutions to fulfil at all times their duty to respect primary EU law when establishing the provisions of secondary, EU and soft law, developing policies, and signing agreements or treaties with institutions outside the EU, and also to fulfil their duty to assist Member States by all means available in their efforts to transpose EU legislation in all areas and to respect the values and principles of the Union~~, especially with respect to recent developments in Member States~~;

Amendment 91 #

Motion for a resolution
Paragraph 17 a (new)

17a. Agrees with the Commission's view that individual complainants play an essential role in identifying wider problems with the enforcement and application of EU law affecting the interests of citizens and businesses;

Amendment 92 #

Motion for a resolution
Paragraph 17 b (new)

17b. Stresses that the lack of a coherent and comprehensive set of codified rules of good administration across the Union makes it difficult for citizens and businesses to easily and fully understand their rights under Union law; emphasizes, therefore, that codifying rules of good administration in the form of a regulation setting out the various aspects of the administrative procedure - including notifications, binding time limits, the right to be heard, and the right for every person to have access to his or her file - is tantamount to reinforcing citizens' rights and transparency; believes that this regulation would bring more accessibility, clarity and coherence to the interpretation of existing rules, for the benefit of citizens and businesses and of the administration and its officials;

Amendment 93 #

17c. Recalls that in its resolutions of 15 January 2013 and 9 June 2016, Parliament called for the adoption of a regulation on an open, efficient and independent European Union administration under Article 298 TFEU, but these Parliament's requests have not been followed up by a Commission proposal; calls, therefore, once more on the Commission 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;

source: 619.083

2018/03/07 AFCO 39 amendments...

Amendment 1 #

Draft opinion
Paragraph 1

1. Stresses that effective implementation of EU law is essential in order to enhance citizens’ trust in EU policies; recalls that Article 197 of the TFEU states, in this respect, that ‘effective implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest’; maintains that the citizens of the Union will feel confident about Union law when it is implemented in the Member States in an effective manner;

Amendment 10 #

Claudia ȚAPARDEL, Siôn SIMON, Ramón JÁUREGUI ATONDO, Jo LEINEN, Mercedes BRESSO

Draft opinion
Paragraph 3

3. Deplores the high number of negative trends revealed in the current report, notably the substantial increase in the opening of infringement cases, representing a 67.5 % increase over the past year and a five-year peak, together with a recorded increase in complaints and a decrease in rates of resolution; notes the Commission’s aim, in line with its communication entitled ‘EU law: Better results through better application’1 , to make use of the EU Pilot only where it provides effective added value in the infringement resolution process; welcomes the fact that the report acknowledges the role of Parliament in calling the Commission’s attention to shortcomings in the application of EU law in Member States by means of parliamentary questions and petitions; ~~_________________ 1~~points out that closer scrutiny of national parliaments of their respective government when the latter are involved in the law-making process will foster a more effective application of EU law as foreseen in the Treaties; _________________ 1 C(2016)8600, OJ C 18, 19.1.2017, p. 10. C(2016)8600, OJ C 18, 19.1.2017, p. 10.

Amendment 11 #

Draft opinion
Paragraph 3

3. DRegrets that timely and correct application of EU legislation in the Member States remains a matter of serious concern as shown by the large number of infringement procedures; deplores the high number of negative trends revealed in the current report, notably the substantial increase in the opening of infringement cases, representing a 67.5 % increase over the past year and a five-year peak, together with a recorded increase in complaints and a decrease in rates of resolution; notes that according to the breakdown of the infringement cases open at the end of 2016, the four policy areas in which the greatest number of transposition infringement proceedings were opened against Member States were the internal market, environment, financial stability, financial services and capital markets union, and mobility and transport; welcomes the decrease in the total number of new EU Pilot files, reaching its lowest level since 2011; notes the Commission’s aim, in line with its communication entitled ‘EU law: Better results through better application’~~1 ,~~ [1],to make use of the EU Pilot only where it provides effective added value in the infringement resolution process; welcomes the fact that the report acknowledges the role of Parliament in calling the Commission’s attention to shortcomings in the application of EU law in Member States by means of parliamentary questions and petitions; ~~_________________ 1 C(2016)8600, OJ C 18, 19.1.2017, p. 10.~~

Amendment 12 #

Rainer WIELAND

Draft opinion
Paragraph 3 a (new)

3 a. Expresses concern that given many directives’ incongruent translations into the official languages, it is likely that differing language versions cause differing transposition and interpretations of the respective texts in the Member States; deplores, therefore, that such differing transposition and legal interpretations of directives may not be uncovered systematically, but only when being clarified by rulings of the Court of Justice of the European Union;

Amendment 13 #

Draft opinion
Paragraph 3 a (new)

3 a. Considers that the high number of infringement procedures in 2016 shows that ensuring timely and correct application of EU legislation in the Member States remains a serious challenge and priority in the EU;

Amendment 14 #

Rainer WIELAND

Draft opinion
Paragraph 3 b (new)

3 b. Notes that the Commission’s commitment to be more strategic in enforcing EU law recently led to the closure of infringement cases for political reasons; calls, therefore, on the Commission to explain the considerations behind such decisions in future monitoring reports;

Amendment 15 #

Claudia ȚAPARDEL, Siôn SIMON, Ramón JÁUREGUI ATONDO, Jo LEINEN, Mercedes BRESSO

Draft opinion
Paragraph 4

4. Stresses the crucial importance of transparency in the drafting and application of EU law by the EU institutions, meaning that EU legislation has to be clear, understandable, consistent and precise, while also taking into consideration the jurisprudence of the Court of Justice of the European Union, which insists on the need for foreseeability and predictability in EU norms2 ; _________________ 2Judgment of the Court of Justice of 10 September 2009, Plantanol GmbH & Co. KG v Hauptzollamt Darmstadt, C-201/08, ECLI:EU:C:2009:539, paragraph 46.he proper application of EU law, including the adequate and timely transposition of EU directives by the Member States;

Amendment 16 #

Draft opinion
Paragraph 4

4. Stresses the crucial importance of transparency and accountability in the drafting and application of EU law by the EU institutions, meaning that EU legislation has to be clear, understandable, consistent and precise, while also taking into consideration the jurisprudence of the Court of Justice of the European Union~~, which ins~~; recognistes on the need for foreseeability and predictability in EU norms2 ; _________________ 2Judgment of the Court of Justice of 10 September 2009, Plantanol GmbH & Co. KG v Hauptzollamt Darmstadt, C-201/08, ECLI:EU:C:2009:539, paragraph 46.essential role that social partners and civil society organisations play in monitoring and enhancing effective redress of EU law;

Amendment 17 #

Draft opinion
Paragraph 4

4. Stresses the crucial importance of transparency in the drafting and application of EU law by the EU institutions, meaning that EU legislation has to be clear, understandable, consistent and precise, while also taking into consideration the jurisprudence of the Court of Justice of the European Union, which insists on the need for foreseeability and predictability in EU norms2 ; reminds that national parliaments have an essential role to play in both pre-legislative scrutiny of draft EU legal acts and post-legislative scrutiny of correct implementation of the EU law by the Member States; calls on them to pursue that role proactively; _________________ 2 Judgment of the Court of Justice of 10 September 2009, Plantanol GmbH & Co. KG v Hauptzollamt Darmstadt, C-201/08, ECLI:EU:C:2009:539, paragraph 46.

Amendment 18 #

Fabio Massimo CASTALDO

Draft opinion
Paragraph 4

4. Stresses the crucial importance of transparency in the drafting and application of EU law by the EU institutions, meaning that EU legislation has to be clear, understandable, consistent ~~and precise~~, precise and immediately available to citizens, while also taking into consideration the jurisprudence of the Court of Justice of the European Union, which insists on the need for foreseeability and predictability in EU norms2 ; _________________ 2 Judgment of the Court of Justice of 10 September 2009, Plantanol GmbH & Co. KG v Hauptzollamt Darmstadt, C-201/08, ECLI:EU:C:2009:539, paragraph 46.

Amendment 19 #

Jérôme LAVRILLEUX

Draft opinion
Paragraph 4

4. Stresses the crucial importance of transparency, besides efficiency, in the drafting and application of EU law by the EU institutions, meaning that EU legislation has to be clear, understandable, consistent and precise, while also taking into consideration the jurisprudence of the Court of Justice of the European Union, which insists on the need for foreseeability and predictability in EU norms2 ; _________________ 2 Judgment of the Court of Justice of 10 September 2009, Plantanol GmbH & Co. KG v Hauptzollamt Darmstadt, C-201/08, ECLI:EU:C:2009:539, paragraph 46.

Amendment 2 #

Jérôme LAVRILLEUX

Draft opinion
Paragraph 1

1. Stresses that effective implementation of EU law is essential in order to enhance citizens’ trust in EU policies and institutions; recalls that Article 197 of the TFEU states, in this respect, that ‘effective implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest’;

Amendment 20 #

Rainer WIELAND

Draft opinion
Paragraph 4 a (new)

4 a. Calls on the Commission to effectively monitor the fulfilment of national courts’ responsibility to seek preliminary ruling by the Court of Justice of the European Union as stated in Article 267 TFEU; calls, therefore, on the Commission to consider establishing a register containing all national court rulings pertaining to the interpretation of EU law where preliminary ruling by the Court of Justice of the European Union has not been sought;

Amendment 21 #

Claudia ȚAPARDEL, Siôn SIMON, Ramón JÁUREGUI ATONDO

Draft opinion
Paragraph 4 a (new)

4 a. Points out that EU Pilot is a working tool that has no legal status and that allows a discretionary power to the Commission that does not comply with the proper standards of transparency and accountability; considers that these shortcomings can be addressed through the adoption of a regulation that should clarify the legal rights and obligations of individual complainants and the Commission;

Amendment 22 #

Jérôme LAVRILLEUX

Draft opinion
Paragraph 5

5. Emphasises the principle of transparency as enshrined in the EU Treaties, as well as the right of EU citizens to justice and good administration, as stipulated in Articles 41 and 47 of the Charter of Fundamental Rights of the European Union; points out that those rights and principles require citizens to be given adequate and easy access to drafts of the legal acts that concern them; insists that those rights and principles should also be of paramount importance to the Member States when proposing draft acts aiming at implementing EU law;

Amendment 23 #

Draft opinion
Paragraph 5

5. Emphasises the principle of transparency as enshrined in the EU Treaties, as well as the right of EU citizens to justice and good administration, as stipulated in Articles 41 and 47 of the Charter of Fundamental Rights of the European Union; points out that those rights and principles require citizens to be given adequate access to drafts of the legal acts that concern them; ~~insist~~reminds that those rights and principles should also be of paramount importance to the Member States when proposing draft acts aiming at implementing EU law;

Amendment 24 #

Draft opinion
Paragraph 5 a (new)

5 a. Underlines that major decisions of the EU, the Member States and its people, such as decisions on national budgets and reforms are usually prepared in opacity and taken by representatives without adherence to transparency principles, often with limited discussions and with no formal rules; regrets that there is no accountability to Parliament for those decisions; calls on the competent European institutions to assess and tackle this situation;

Amendment 25 #

Draft opinion
Paragraph 6

Amendment 26 #

Claudia ȚAPARDEL, Siôn SIMON, Ramón JÁUREGUI ATONDO, Jo LEINEN

Draft opinion
Paragraph 6

6. Calls for all EU institutions engaged in the legislative process to commit to enhancing the drafting quality of legislative texts, in line with the commitment undertaken in the Better Law- Making Agenda; recalls that the 1998 Inter-institutional Agreement on common guidelines for the quality of drafting of Community legislation needs to be ~~substantially~~ adapted in order to deliver on that objective; reiterates the provision in the IIA on Better Law-Making that calls on Member States when transposing EU directives into national law where they choose to add elements that are in no way related to that Union legislation to make these additions identifiable either through the transposing act or through associated documents;

Amendment 27 #

Draft opinion
Paragraph 6

Amendment 28 #

Claudia ȚAPARDEL, Ramón JÁUREGUI ATONDO, Jo LEINEN, Mercedes BRESSO

Draft opinion
Paragraph 6 a (new)

6 a. Welcomes Commission's commitment to actively help Member States transpose and implement legislation by preparing implementation plans for certain Directives and Regulations; calls on the Commission to provide enhanced guidance and assistance to Member States via concrete tools in order to achieve better record of implementation of the EU law; encourages the Commission to assist Member States that might face a priori implementation and transposition challenges and address these accordingly by enhancing the institutional capacity of public authorities at a technical level.

Amendment 29 #

Draft opinion
Paragraph 6 a (new)

6 a. Underlines the importance of the role of the social partners, civil society organisations and other stakeholders in creating legislation and in monitoring and reporting shortcomings in the transposition and application of EU law by Member States; suggests that this role shall be encouraged by national authorities and European institutions;

Amendment 3 #

Fabio Massimo CASTALDO

Draft opinion
Paragraph 1 a (new)

1 a. Underlines that in a European Union founded on the rule of law and on the certainty and predictability of laws, EU citizens, as of right, must be the first to be made aware in a clear, effectively accessible, transparent and timely manner whether and which national laws have been adopted in transposition of EU laws, and which national authorities are responsible for ensuring they are correctly implemented;

Amendment 30 #

Draft opinion
Paragraph 6 b (new)

6 b. Calls on the Commission to pay particular attention to the implementation of measures adopted in the area of asylum and migration, so as to ensure that they fully comply with the principles enshrined in the Charter of Fundamental Rights of the EU, and to launch the necessary infringement proceedings where relevant;

Amendment 31 #

Draft opinion
Paragraph 7

7. Recalls the need for Parliament to also be able to monitor the Commission’s enforcement of regulations in the same way that it does with directives; reiterates its request to the Commission to ensure that the data on the implementation of regulations is clearly provided in its future annual reports on the monitoring of the application of EU law; ~~calls on the~~reminds Member States of the obligation to submit national legislation transposing or implementing regulations to the Commission ~~with a view to ensuring its formal and substantive compliance~~in accordance with the principle of good cooperation.

Amendment 32 #

Fabio Massimo CASTALDO

Draft opinion
Paragraph 7

7. Recalls the need for Parliament to also be able to monitor the Commission’s enforcement of regulations in the same way that it does with directives and urges therefore a more effective and efficient cooperation between the EU institutions in line with art. 13(2) TEU; reiterates its request to the Commission to ensure that the data on the implementation of regulations is clearly provided in its future annual reports on the monitoring of the application of EU law; calls on the Member States to submit national legislation transposing or implementing regulations to the Commission with a view to ensuring its formal and substantive compliance; reiterates its call for the creation, within the relevant Directorates- General (DG IPOL, DG EXPO and DG Research), of an autonomous system for ex-post assessment of the impact of the main EU laws adopted by the European Parliament under codecision and in accordance with the ordinary legislative procedure.

Amendment 33 #

Draft opinion
Paragraph 7 a (new)

7 a. Reiterates that all EU institutions, even if they act as members of groups of international lenders, are bound by the EU-Treaties and the Charter of Fundamental Rights of the EU;

Amendment 34 #

Draft opinion
Paragraph 7 b (new)

7 b. Stresses that Memoranda of Understanding concluded between the EU institutions and Member States are not considered EU acts, even if Member States are obliged thereunder to implement fiscal and tax policies for severe cutbacks; notes as a result that EU Treaties are not applicable to them;

Amendment 35 #

Draft opinion
Paragraph 7 c (new)

7 c. Notes that Memoranda of Understanding regarding the implementation of structural adjustment programmes concluded between the EU institutions and Member States are considered as soft law, although their application is bound with the disbursement of loan tranches;

Amendment 36 #

Draft opinion
Paragraph 7 d (new)

7 d. Stresses that the duties conferred on the Commission and the European Central Bank (ECB) within the Treaty establishing the European Stability Mechanism do not entail any power to make decisions of their own; notes with concern that the activities pursued by the Commission and ECB within the ESM Treaty commit the ESM alone and not the EU institutions;

Amendment 37 #

Draft opinion
Paragraph 7 e (new)

7 e. Expresses concern that the robust fiscal measures (including significant reductions in expenditure on pensions, the health system and public administration, tax increases) envisaged in the structural adjustment programmes and imposed on the Member States by the EU institutions have had negative effects, inter alia on labour, pension rights, on the right to health and education;

Amendment 38 #

Draft opinion
Paragraph 7 f (new)

7 f. Calls on the Commission to pay particular attention to its control over the implementation of EU legislation laying down rules against corruption practices that directly affect the functioning of the internal market, and to take the appropriate measures in order to tackle such phenomena;

Amendment 39 #

Draft opinion
Paragraph 7 g (new)

7 g. Calls on the Commission to respond effectively to the developing migration, as well as to security situations, enforcing inter alia the European Agenda on Migration and the related implementation packages efficiently and to report regularly on their implementation;

Amendment 4 #

Draft opinion
Paragraph 1 a (new)

1 a. Emphasises that the EU has been set up as a Union based on the rule of law and respect of human rights (Article 2 TEU); highlights that careful monitoring of Member States' and EU institutions' acts and omissions is of utmost importance;

Amendment 5 #

Draft opinion
Paragraph 1 b (new)

1 b. Recognises that the primary responsibility for the proper implementation and application of EU law lies with the Member States; notes however that this does not absolve the EU institutions of their duty to respect primary EU law, in particular when they produce secondary EU law;

Amendment 6 #

Draft opinion
Paragraph 2

2. Welcomes this first report on the monitoring of the application of EU law following the entry into force of the Better Regulation Agenda in 2015; recalls that the principles of better law-making encompass the requirement to demonstrate the need to legislate at EU level, in a way that is strictly proportionate to the aims of the legislative action, and to ensure that the legislation is correctly implemented at the right level; recalls that any expansion of EU law that is not built on such principles is detrimental to the proper application thereofEU law must comply with the principles of conferral, legal certainty, equality before the law and the principles of subsidiarity and proportionality; stresses, therefore, the importance of upholding these principles ~~of subsidiarity and proportionality~~also in the application of EU law;

Amendment 7 #

Claudia ȚAPARDEL, Ramón JÁUREGUI ATONDO, Jo LEINEN

Draft opinion
Paragraph 2

2. Welcomes this first report on the monitoring of the application of EU law following the entry into force of the Better Regulation Agenda in 2015; recalls that the principles of better law-making encompass the requirement to demonstrate the need to legislate at EU level, in a way that is strictly proportionate to the aims of the legislative action, and to ensure that the legislation is correctly implemented at the right level; ~~recalls that any expansion of EU law that is not built on such principles is detrimental to the proper application thereof; stresses, ther~~stresses, therefore, the importance of upholding the principles of conferral, subsidiarity and proportionality pursuant to Article 5 TEU, as well as equality before, the ~~importance of upholding the principles of subsidiarity and proportionality~~law in view of better monitoring of the application of EU law;

Amendment 8 #

Draft opinion
Paragraph 2

2. Welcomes this first report on the monitoring of the application of EU law following the entry into force of the Better Regulation Agenda in 2015; recalls that the principles of better law-making encompass the requirement to demonstrate the need to legislate at EU level, in a way that is strictly proportionate to the aims of the legislative action, and to ensure that the legislation is correctly implemented at the right level; recalls that any expansion of EU law that is not built on such principles is detrimental to the proper application thereof; stresses, therefore, the importance of upholding the principles of subsidiarity and proportionality;.

Amendment 9 #