Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Joint Responsible Committee | ['BUDG', 'CONT'] | SARVAMAA Petri ( PPE), GARDIAZABAL RUBIAL Eider ( S&D) | CHRISTOFOROU Lefteris ( EPP), MANDA Claudiu ( S&D), CSEH Katalin ( Renew), KÖRNER Moritz ( Renew), FREUND Daniel ( Verts/ALE), GEESE Alexandra ( Verts/ALE), KUHS Joachim ( ID), LAPORTE Hélène ( ID), CZARNECKI Ryszard ( ECR), RZOŃCA Bogdan ( ECR), OMARJEE Younous ( GUE/NGL) |
Former Joint Committee Responsible | ['BUDG', 'CONT'] | SARVAMAA Petri ( PPE), GARDIAZABAL RUBIAL Eider ( S&D) | |
Former Committee Opinion | LIBE | REINTKE Terry ( Verts/ALE) | Cécile Kashetu KYENGE ( S&D), Barbara SPINELLI ( GUE/NGL) |
Former Committee Opinion | AFCO | Enrique GUERRERO SALOM ( S&D), Morten MESSERSCHMIDT ( ECR), Cristian Dan PREDA ( PPE) | |
Former Committee Opinion | REGI | MIHAYLOVA Iskra ( ALDE) | Ivana MALETIĆ ( PPE) |
Lead committee dossier:
Legal Basis:
Euratom Treaty A 106a-pa, RoP 58, RoP 59-p4, TFEU 322-p1
Legal Basis:
Euratom Treaty A 106a-pa, RoP 58, RoP 59-p4, TFEU 322-p1Subjects
Events
The European Parliament adopted a legislative resolution approving the Council's position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on a general regime of conditionality for the protection of the Union budget.
The proposed Regulation aims at establishing a general regime of conditionality for the protection of the EU budget where infringements of the principles of the rule of law in a Member State affect or are likely to affect in a sufficiently direct manner the sound financial management of the Union budget or the protection of the Union's financial interests.
Application to systemic violations of the rule of law
The new legislation should apply where EU funds are directly misused, such as in cases of corruption or fraud. It should apply to systemic violations of fundamental EU values such as democracy or the independence of the judiciary.
The regulation sets out the measures to be adopted in cases of violation of the principles of the rule of law and the procedure for their adoption. These measures include suspension of payments and commitments, suspension of the disbursement of instalments or early repayment of loans or a reduction in financing under existing commitments.
Protection of final beneficiaries
The proposed mechanism would ensure that any measures taken would be proportionate and would provide tools to enhance the protection of the final recipients or beneficiaries. To enhance the protection of final recipients or beneficiaries, the Commission will have to provide information and guidance through a website or internet portal.
The procedure for adopting and lifting the measures should respect the principles of objectivity, non-discrimination and equal treatment of Member States and should be conducted according to a non-partisan and evidence-based approach. Implementing powers should be conferred on the Council, which should act by qualified majority on a proposal from the Commission.
In a joint statement annexed to the Recommendation, the Parliament, the Council and the Commission agreed to consider including the content of this Regulation in Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 (Financial Regulation) when it is next revised.
The Council adopted its position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on a general regime of conditionality for the protection of the Union budget.
Aim and scope
The Regulation aims at establishing a general regime of conditionality for the protection of the Union budget when breaches of the principles of the rule of law in a Member State affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way.
The scope of the measures has been extended to ensure that the conditionality mechanism would apply to resources allocated through Next Generation EU and when the Union budget is implemented through loans and other instruments guaranteed by the Union budget.
The following may be indicative of breaches of the principles of the rule of law:
- endangering the independence of the judiciary;
- failing to prevent, correct or sanction arbitrary or unlawful decisions by public authorities, including by law-enforcement authorities, withholding financial and human resources affecting their proper functioning or failing to ensure the absence of conflicts of interest;
- limiting the availability and effectiveness of legal remedies, including through restrictive procedural rules and lack of implementation of judgments, or limiting the effective investigation, prosecution or sanctioning of breaches of law.
Measures in case of violations
The Council's position defines the measures to be adopted in the event of a breach of the principles of the rule of law and the procedure to be followed for their adoption. These measures would include:
- suspension of payments and commitments,
- the suspension of the disbursement of instalments or the early repayment of loans,
- a reduction of funding under existing commitments, and
- a prohibition on entering into new commitments with recipients or concluding new agreements on loans or other instruments guaranteed by the EU budget.
Conditions for the adoption of measures
The mechanism would ensure that any measures taken would be proportionate and would provide tools to enhance the protection of the final recipients or beneficiaries.
The principle of proportionality should apply when determining the measures to be adopted, in particular taking into account: (i) the seriousness of the situation;(ii) the time which has elapsed since the relevant conduct started; (iii) the duration and recurrence of the conduct; (iv) the intention, the degree of cooperation of the Member State concerned in putting an end to the breaches of the principles of the rule of law; (v) the effects on the sound financial management of the EU budget or the financial interests of the Union.
To strengthen the protection of the final recipients or beneficiaries, the Commission should provide information and guidance via a website or internet portal, together with adequate tools to inform the Commission about any breach of the legal obligation of government entities and Member States to continue making payments after measures pursuant to this Regulation are adopted. The Commission should follow up on such information to verify whether the applicable rules have been respected.
Lifting of measures
The procedure for adopting and lifting the measures should respect the principles of objectivity, non-discrimination and equal treatment of Member States and should be conducted according to a non-partisan and evidence-based approach.
In particular, any Member State concerned by the procedure leading to the possible adoption of measures would have the opportunity to comment on the findings, to propose remedial measures and to comment on the proportionality of the measures envisaged.
Implementing powers should be conferred on the Council, which should act on the basis of a Commission proposal.
The Commission should keep the European Parliament informed of any measures proposed, adopted and lifted under the Regulation. It should report to the European Parliament and the Council on the application of the Regulation three years after its entry into force.
The Committee on Budgets and the Committee on Budgetary Control adopted the recommendation for second reading contained in the report by Petri SARVAMAA (EPP, FI) and Eider GARDIAZABAL RUBIAL (S&D, ES) on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on a general regime of conditionality for the protection of the Union Budget.
The competent committees recommended that the European Parliament approve the Council's position at first reading without amendment.
The Council's position at first reading reflects the agreement reached between the Parliament and the Council in the framework of the inter-institutional negotiations at the early second reading stage.
The proposed Regulation aims at establishing a general regime of conditionality for the protection of the EU budget where infringements of the principles of the rule of law in a Member State affect or are likely to affect in a sufficiently direct manner the sound financial management of the EU budget or the protection of the EU's financial interests.
In a joint statement annexed to the Recommendation, the Parliament, the Council and the Commission agreed to consider including the content of this Regulation into Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 (Financial Regulation) upon its next revision.
For its part, the Commission for its part will consider accompanying the report to the European Parliament and the Council on the application of the Regulation, if necessary, with appropriate proposals.
The European Parliament adopted a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, closing its first reading.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Uphold Union values
Parliament recalled that Member States should uphold their obligations and set an example by genuinely fulfilling them and move towards a shared culture of the rule of law as a universal value to be applied by all concerned even-handedly. It stressed that full respect for and promotion of those principles is an essential prerequisite for the legitimacy of the European project as a whole and a basic condition for building citizens' trust in the Union.
The Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of the principles and values laid down in the TEU, but there is currently no swift, effective response coming from the Union institutions, in particular to ensure sound financial management. The existing instruments should be enforced, evaluated and complemented in the framework of a rule of law mechanism to be adequate and effective.
Generalised deficiencies
A new article has been proposed to define what constitutes generalised deficiencies as regards the rule of law where they affect or risk affecting the principles of sound financial management or the protection of the financial interests of the Union:
- endangering the independence of judiciary, including setting any limitations on the ability to exercise judicial functions autonomously by externally intervening in guarantees of independence, by constraining judgement under external order, by arbitrarily revising rules on the appointment or terms of service of judicial personnel, by influencing judicial staff in any way that jeopardises their impartiality or by interfering with the independence of attorneyship;
- failing to prevent, correct and sanction arbitrary or unlawful decisions by public authorities, including by law enforcement authorities, withholding financial and human resources affecting their proper functioning or failing to ensure the absence of conflicts of interests;
- limiting the availability and effectiveness of legal remedies, including through restrictive procedural rules, lack of implementation of judgments, or limiting the effective investigation, prosecution or sanctioning of breaches of law;
- endangering the administrative capacity of a Member State to respect the obligations of Union membership, including the capacity to effectively implement the rules, standards and policies that make up the body of Union law;
- measures that weaken the protection of the confidential communication between lawyer and client.
Risks for the financial interests of the Union
A generalised deficiency as regards the rule of law in a Member State may be established when one or more of the following, in particular, are affected or risk being affected: (i) the proper functioning of the market economy, thereby respecting competition and market forces in the Union as well as implementing effectively the obligations of membership, including adherence to the aim of political, economic and monetary union; (ii) the proper functioning of the authorities carrying out financial control, monitoring and internal and external audits, and the proper functioning of effective and transparent financial management and accountability systems; (iii) the proper functioning of investigation and public prosecution services in relation to the prosecution of fraud, including tax fraud, corruption or other breaches of Union law relating to the implementation of the Union budget; (iv) the prevention and sanctioning of tax evasion and tax competition and the proper functioning of authorities contributing to administrative cooperation in tax matters; (v) the proper implementation of the Union budget following a systemic violation of fundamental rights.
Adopting and lifting measures and involvement of the Parliament
In order to protect the Union's financial interests from the risk of financial loss caused by generalised deficiencies as regards the rule of law in a Member State, the European Union shall be granted the possibility to adopt appropriate measures in such cases. Members proposed a more balanced mechanism, which puts Parliament and Council on the same footing.
The Commission shall lift measures with suspensive effect and propose to the European Parliament and the Council to lift in full or in part the budgetary reserve of the measures in question, if the situation leading to the imposition of those measures has been sufficiently remedied. This decision shall only enter into force if Parliament and the Council do not reject it within one month.
Panel of independent experts and lifting of measures
The identification of a generalised deficiency requires a thorough qualitative assessment by the Commission. That assessment shall be objective, impartial and transparent and be based on information from all relevant sources, taking into account the criteria used in the context of Union accession negotiations, in particular the chapters of the acquis on judiciary and fundamental rights, on justice, freedom and security, on financial control and on taxation, as well as the guidelines used in the context of tracking the progress of a Member State, and from recognised institutions, including judgments of the Court of Justice of the European Union and the European Court of Human Rights, resolutions of the European Parliament.
Members proposed that an advisory panel of independent experts in constitutional law and financial and budgetary matters be established with the objective to assist the Commission in its assessment of generalised deficiencies. That panel shall undertake an independent annual assessment of the issues as regards the rule of law in all Member States that affect or risk affecting the sound financial management or the protection of the financial interests of the Union, taking into account information from all relevant sources and recognised institutions.
Measures for the protection of the Union budget
The Commission shall provide information and guidance for the benefit of final recipients or beneficiaries on the obligations by Member States via a website or internet portal. It shall also provide, on the same website or portal, adequate tools for final recipients or beneficiaries to inform the Commission about any breach of these obligations that, in the view of these final recipients or beneficiaries, directly affects them.
Information provided by final recipients or beneficiaries may only be taken into account by the Commission if accompanied by a proof that the concerned final recipient or beneficiary has lodged a formal complaint to the competent authority.
The European Parliament adopted by 397 votes to 158, with 69 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States.
The matter was referred back to the competent committee for interinstitutional negotiations.
The main amendments adopted in plenary concern the following issues:
Uphold Union values
Member States should uphold their obligations and set an example by genuinely fulfilling them and move towards a shared culture of the rule of law as a universal value to be applied by all concerned even-handedly. Full respect for and promotion of those principles is an essential prerequisite for the legitimacy of the European project as a whole and a basic condition for building citizens' trust in the Union.
Generalised deficiencies
A new article has been proposed to define what constitutes generalised deficiencies as regards the rule of law where they affect or risk affecting the principles of sound financial management or the protection of the financial interests of the Union:
- endangering the independence of judiciary, including setting any limitations on the ability to exercise judicial functions autonomously by externally intervening in guarantees of independence, by constraining judgement under external order, by arbitrarily revising rules on the appointment or terms of service of judicial personnel, by influencing judicial staff in any way that jeopardises their impartiality or by interfering with the independence of attorneyship;
- failing to prevent, correct and sanction arbitrary or unlawful decisions by public authorities, including by law enforcement authorities, withholding financial and human resources affecting their proper functioning or failing to ensure the absence of conflicts of interests;
- limiting the availability and effectiveness of legal remedies, including through restrictive procedural rules, lack of implementation of judgments, or limiting the effective investigation, prosecution or sanctioning of breaches of law;
- endangering the administrative capacity of a Member State to respect the obligations of Union membership, including the capacity to effectively implement the rules, standards and policies that make up the body of Union law;
- measures that weaken the protection of the confidential communication between lawyer and client.
Risks for the financial interests of the Union
A generalised deficiency as regards the rule of law in a Member State may be established when one or more of the following, in particular, are affected or risk being affected: (i) the proper functioning of the market economy, thereby respecting competition and market forces in the Union as well as implementing effectively the obligations of membership, including adherence to the aim of political, economic and monetary union; (ii) the proper functioning of the authorities carrying out financial control, monitoring and internal and external audits, and the proper functioning of effective and transparent financial management and accountability systems; (iii) the proper functioning of investigation and public prosecution services in relation to the prosecution of fraud, including tax fraud, corruption or other breaches of Union law relating to the implementation of the Union budget; (iv) the prevention and sanctioning of tax evasion and tax competition and the proper functioning of authorities contributing to administrative cooperation in tax matters; (v) the proper implementation of the Union budget following a systemic violation of fundamental rights.
Adopting and lifting measures and involvement of the Parliament
In order to protect the Union's financial interests from the risk of financial loss caused by generalised deficiencies as regards the rule of law in a Member State, the European Union shall be granted the possibility to adopt appropriate measures in such cases. Members proposed a more balanced mechanism, which puts Parliament and Council on the same footing.
The Commission shall lift measures with suspensive effect and propose to the European Parliament and the Council to lift in full or in part the budgetary reserve of the measures in question, if the situation leading to the imposition of those measures has been sufficiently remedied. This decision shall only enter into force if Parliament and the Council do not reject it within one month.
Panel of independent experts and lifting of measures
An advisory panel of independent experts in constitutional law and financial and budgetary matters shall be established with the objective to assist the Commission in its assessment of generalised deficiencies. That panel shall undertake an independent annual assessment of the issues as regards the rule of law in all Member States that affect or risk affecting the sound financial management or the protection of the financial interests of the Union, taking into account information from all relevant sources and recognised institutions.
Measures for the protection of the Union budget
The Commission shall provide information and guidance for the benefit of final recipients or beneficiaries on the obligations by Member States via a website or internet portal. It shall also provide, on the same website or portal, adequate tools for final recipients or beneficiaries to inform the Commission about any breach of these obligations that, in the view of these final recipients or beneficiaries, directly affects them.
Information provided by final recipients or beneficiaries may only be taken into account by the Commission if accompanied by a proof that the concerned final recipient or beneficiary has lodged a formal complaint to the competent authority.
The Committee on Budgets and the Committee on Budgetary Control adopted the joint report by Eider GARDIAZABAL RUBIAL (S&D, ES) and Petri SARVAMAA (EPP, FI) on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States.
The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.
Generalised deficiencies
A new article has been proposed to define what constitutes generalised deficiencies as regards the rule of law where they affect or risk affecting the principles of sound financial management or the protection of the financial interests of the Union:
- endangering the independence of judiciary, including setting any limitations on the ability to exercise judicial functions autonomously by externally intervening in guarantees of independence, by constraining judgement under external order, by arbitrarily revising rules on the appointment or terms of service of judicial personnel, by influencing judicial staff in any way that jeopardises their impartiality or by interfering with the independence of attorneyship;
- failing to prevent, correct and sanction arbitrary or unlawful decisions by public authorities, including by law enforcement authorities, withholding financial and human resources affecting their proper functioning or failing to ensure the absence of conflicts of interests;
- limiting the availability and effectiveness of legal remedies, including through restrictive procedural rules, lack of implementation of judgments, or limiting the effective investigation, prosecution or sanctioning of breaches of law;
- endangering the administrative capacity of a Member State to respect the obligations of Union membership, including the capacity to effectively implement the rules, standards and policies that make up the body of Union law;
- measures that weaken the protection of the confidential communication between lawyer and client.
Risks for the financial interests of the Union
A generalised deficiency as regards the rule of law in a Member State may be established when one or more of the following, in particular, are affected or risk being affected:
- the proper functioning of the market economy, thereby respecting competition and market forces in the Union as well as implementing effectively the obligations of membership, including adherence to the aim of political, economic and monetary union;
- the proper functioning of the authorities carrying out financial control, monitoring and internal and external audits, and the proper functioning of effective and transparent financial management and accountability systems;
- the proper functioning of investigation and public prosecution services in relation to the prosecution of fraud, including tax fraud , corruption or other breaches of Union law relating to the implementation of the Union budget;
- the prevention and sanctioning of tax evasion and tax competition and the proper functioning of authorities contributing to administrative cooperation in tax matters;
- the proper implementation of the Union budget following a systemic violation of fundamental rights.
Adopting and lifting measures and involvement of the Parliament
In order to protect the Union's financial interests from the risk of financial loss caused by generalised deficiencies as regards the rule of law in a Member State, the European Union shall be granted the possibility to adopt appropriate measures in such cases. Members proposed a more balanced mechanism, which puts Parliament and Council on the same footing.
The Commission shall lift measures with suspensive effect and propose to the European Parliament and the Council to lift in full or in part the budgetary reserve of the measures in question, if the situation leading to the imposition of those measures has been sufficiently remedied. T his decision shall only enter into force if Parliament and the Council do not reject it within one month.
Panel of independent experts and lifting of measures
An advisory panel of independent experts in constitutional law and financial and budgetary matters shall be established with the objective to assist the Commission in its assessment of generalised deficiencies. That panel shall undertake an independent annual assessment of the issues as regards the rule of law in all Member States that affect or risk affecting the sound financial management or the protection of the financial interests of the Union, taking into account information from all relevant sources and recognised institutions.
Measures for the protection of the Union budget
The Commission shall provide information and guidance for the benefit of final recipients or beneficiaries on the obligations by Member States via a website or internet portal. It shall also provide, on the same website or portal, adequate tools for final recipients or beneficiaries to inform the Commission about any breach of these obligations that, in the view of these final recipients or beneficiaries, directly affects them.
Information provided by final recipients or beneficiaries may only be taken into account by the Commission if accompanied by a proof that the concerned final recipient or beneficiary has lodged a formal complaint to the competent authority.
OPINION No 1/2018 of the Court of Auditors concerning the proposal for a regulation of the European Parliament and of the Council on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States.
The Court of Auditors welcome the aim of the Commission’s legislative initiative to protect the Union budget against generalised deficiencies as regards the rule of law in a Member State, which affect or risk affecting the sound financial management or the protection of the financial interests of the Union.
General remarks : the Court of Auditors agrees with the Commission's view that the proposed mechanism should be based on the need to respect the rule of law as a precondition for ensuring compliance with the principles of sound financial management of EU funds. It also recognises that the independence and impartiality of the judiciary are essential to ensure sound financial management and the protection of the EU budget.
The Court finds that the proposal for a regulation assigns the Commission more discretionary power in the process than the current rules to counter any breach against one of the fundamental values set out in Article 2 TEU. The Commission would start the procedure if it finds it has ‘reasonable grounds’ to believe that the conditions had been met. In reaction to the Commission’s finding, the Member State concerned should provide all required information and may submit its observations, which the Commission should take into account.
In this proposed mechanism, however, the Commission’s proposal is deemed accepted unless rejected or modified by the Council. Blocking the Commission’s proposal would require a qualified majority of the Council within one month (‘reversed qualified majority voting’). The European Parliament would only be informed of any proposed or adopted measures. The adoption of the Commission’s proposal under the reversed qualified majority voting by the Council contributes to the discretionary power provided to the Commission in the proposal.
The Court considers that it would have been essential for the Commission to carry out a specific stakeholder consultation before publishing the proposal. Similarly, conducting an impact assessment prior to the publication of the proposal would have allowed for better informed decision-making.
The Court of Auditors makes five recommendations to the legislative bodies. The latter should:
1. setting clear and specific criteria : (i) for defining what constitutes a generalised deficiency as regards the rule of law, which puts sound financial management at risk; (ii) for determining the extent of measures, either in the proposed regulation or in possible implementing rules. When setting the criteria, the sources of guidance, which the Commission used in the context of EU accession negotiations, as well as in the Cooperation and Verification Mechanism to track the progress of a Member State could be taken into consideration;
2. specify the basis for setting time limits by which the Member State concerned has to provide the required information as well as introducing similar deadlines for the Commission whenever appropriate, for example as regards the lifting of measures in case the underlying generalised deficiencies have ceased to exist;
3. request the Commission to assess in detail in its proposal to the Council how the legitimate interests of final beneficiaries will be safeguarded for all measures in the proposal (such as the reduction of commitments or the suspension of commitments or payments). The Commission to carry out an assessment in the absence of such a request at its own initiative, if there are grounds justifying it;
4. request the Commission, before deciding on which appropriate measures to propose, assess the possible budgetary implications of a reduction in the EU funding for the national budget of the Member State concerned with due regard to the principles of proportionality and non-discrimination;
5. clarify that the provisions relating to the European Public Prosecutor’s Office can, after its establishment, only be applicable to the participating Member States.
PURPOSE: to protect the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the rule of law is one of the essential values upon which the Union is founded. As recalled by Article 2 of the Treaty on European Union, these values are common to the Member States. Respect for these values must therefore be ensured throughout all Union policies. This includes the EU budget , where respect for fundamental values is an essential precondition for sound financial management and effective EU funding.
The Commission considers that the European Union should be given the possibility to adopt the rules necessary for the protection of the Union’s budget in the case of generalised deficiencies as regards the rule of law in the Member States.
The proposal is based on the 2014 Commission Communication "A new EU framework to strengthen the rule of law", the February 2018 Commission Communication "A new and modern multiannual financial framework for a European Union that implements its priorities efficiently beyond 2020" and the standards and principles developed by the Council of Europe.
CONTENT: this proposal for a Regulation establishes the rules necessary for the protection of the Union’s budget in the case of generalised deficiencies as regards the rule of law in the Member States.
Measures : appropriate measures shall be taken where a generalised deficiency as regards the rule of law in a Member State affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union such as: (i) the proper functioning of the authorities of that Member State implementing the EU budget, in particular in the context of public procurement procedures; (ii) the proper functioning of investigative services in the context of the fight against fraud and corruption ; (iii) effective judicial control by independent courts of acts or omissions of the abovementioned authorities; (iv) jeopardised the independence of the judiciary.
Content of measures : the proposal lists the type of measures that could be taken and specifies that Member States receiving EU funds should receive them. This concerns in particular the suspension of payments or the implementation of the legal commitment or a prohibition on entering into new legal commitments where the Commission implements the Union budget directly or indirectly.
Procedure : measures should be on the basis on a Council decision following a proposal from the Commission . The decision shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the Commission proposal within one month of its adoption by the Commission. The European Parliament should also be fully involved at all stages.
Proportionality : measures need to be adopted in full respect of the principles of transparency and proportionality. It is also important to ensure that the consequences of measures have a sufficient connection with the aim of the funding. This also points to the need to ensure that the consequences fall on those responsible for identified shortcomings. It should therefore reflect the fact the individual beneficiaries of EU funding, such as Erasmus students, researchers or civil society organisations, cannot be considered responsible for such breaches.
Documents
- Contribution: COM(2018)0324
- Final act published in Official Journal: Regulation 2020/2092
- Final act published in Official Journal: OJ L 433I 22.12.2020, p. 0001
- Final act published in Official Journal: Corrigendum to final act 32020R2092R(02)
- Final act published in Official Journal: OJ L 373 21.10.2021, p. 0094
- Draft final act: 00064/2020/LEX
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T9-0356/2020
- Document attached to the procedure: 14018/2020
- Commission communication on Council's position: COM(2020)0843
- Commission communication on Council's position: EUR-Lex
- Council position published: 09980/1/2020
- Committee recommendation tabled for plenary, 2nd reading: A9-0262/2020
- Amendments tabled in committee: PE660.383
- Committee draft report: PE660.258
- Contribution: COM(2018)0324
- Contribution: COM(2018)0324
- Commission response to text adopted in plenary: SP(2019)443
- Decision by Parliament, 1st reading: T8-0349/2019
- Contribution: COM(2018)0324
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0038/2019
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A8-0469/2018
- Committee opinion: PE629.627
- Committee opinion: PE627.807
- Committee opinion: PE627.943
- Amendments tabled in committee: PE630.466
- Contribution: COM(2018)0324
- Economic and Social Committee: opinion, report: CES2955/2018
- Committee of the Regions: opinion: CDR2389/2018
- Committee draft report: PE628.374
- Contribution: COM(2018)0324
- Court of Auditors: opinion, report: N8-0085/2018
- Court of Auditors: opinion, report: OJ C 291 17.08.2018, p. 0001
- Contribution: COM(2018)0324
- Contribution: COM(2018)0324
- Legislative proposal published: COM(2018)0324
- Legislative proposal published: EUR-Lex
- Court of Auditors: opinion, report: N8-0085/2018 OJ C 291 17.08.2018, p. 0001
- Committee draft report: PE628.374
- Committee of the Regions: opinion: CDR2389/2018
- Economic and Social Committee: opinion, report: CES2955/2018
- Amendments tabled in committee: PE630.466
- Committee opinion: PE627.943
- Committee opinion: PE627.807
- Committee opinion: PE629.627
- Commission response to text adopted in plenary: SP(2019)443
- Committee draft report: PE660.258
- Amendments tabled in committee: PE660.383
- Document attached to the procedure: 14018/2020
- Commission communication on Council's position: COM(2020)0843 EUR-Lex
- Draft final act: 00064/2020/LEX
- Contribution: COM(2018)0324
- Contribution: COM(2018)0324
- Contribution: COM(2018)0324
- Contribution: COM(2018)0324
- Contribution: COM(2018)0324
- Contribution: COM(2018)0324
- Contribution: COM(2018)0324
- Contribution: COM(2018)0324
Activities
- Nedzhmi ALI
Plenary Speeches (1)
- Jonathan ARNOTT
Plenary Speeches (1)
- Inés AYALA SENDER
Plenary Speeches (1)
- Steeve BRIOIS
Plenary Speeches (1)
- André ELISSEN
Plenary Speeches (1)
- Ingeborg GRÄSSLE
Plenary Speeches (1)
- Anneli JÄÄTTEENMÄKI
Plenary Speeches (1)
- Arndt KOHN
Plenary Speeches (1)
- Cécile Kashetu KYENGE
Plenary Speeches (1)
- Monica MACOVEI
- Ivana MALETIĆ
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- Sophie MONTEL
Plenary Speeches (1)
- Liadh NÍ RIADA
Plenary Speeches (1)
- Judith SARGENTINI
Plenary Speeches (1)
- Claudia SCHMIDT
Plenary Speeches (1)
- Isabelle THOMAS
Plenary Speeches (1)
- Miguel VIEGAS
Plenary Speeches (1)
- Josef WEIDENHOLZER
Plenary Speeches (1)
- Anna ZÁBORSKÁ
- Stanisław ŻÓŁTEK
Plenary Speeches (1)
- Maria Gabriela ZOANĂ
Plenary Speeches (1)
Votes
A8-0469/2018 - Eider Gardiazabal Rubial et Petri Sarvamaa - Am 74=75=78= #
A8-0469/2018 - Eider Gardiazabal Rubial et Petri Sarvamaa - Am 36 #
A8-0469/2018 - Eider Gardiazabal Rubial et Petri Sarvamaa - Proposition de la Commission #
Amendments | Dossier |
554 |
2018/0136(COD)
2018/10/11
AFCO
94 amendments...
Amendment 100 #
Proposal for a regulation Article 5 – paragraph 6 6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall
Amendment 101 #
Proposal for a regulation Article 5 – paragraph 6 6. Where the Commission considers that the generalised deficiency as regards the
Amendment 102 #
Proposal for a regulation Article 5 – paragraph 6 6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall
Amendment 103 #
Proposal for a regulation Article 5 – paragraph 6 a (new) 6 a. At the same time as it adopts its decision, the Commission shall submit to the European Parliament and the Council a proposal to transfer to a budgetary reserve and amount equivalent to the value of the measures adopted. By way of derogation from paragraphs 4 and 6 of Article 31 of the Financial Regulation, the European Parliament and the Council shall deliberate upon the transfer proposal within four weeks of its receipt by both institutions. The transfer proposal shall be considered to be approved unless, the Parliament acting by a majority of the votes cast, or the Council acting by qualified majority, amend or reject it. The decision shall enter into force if neither the European Parliament nor the Council reject the transfer proposal within this period.
Amendment 104 #
Proposal for a regulation Article 5 – paragraph 6 a (new) 6 a. By way of derogation from Article 31(4) and (6) of the Financial Regulation, the European Parliament and the Council shall deliberate upon the transfer proposal within four weeks of its receipt by both institutions. The transfer proposal shall be considered to be approved unless, within the four-week period, the European Parliament, acting by majority of the votes cast, or the Council, acting by qualified majority, amend or reject it. If the European Parliament or the Council amend the transfer proposal, Article 31(8) of the Financial Regulation shall apply.
Amendment 105 #
Proposal for a regulation Article 5 – paragraph 6 a (new) 6 a. Where the appropriate measures decided by the Commission have an impact on the budgetary allocations, the Commission shall submit to the European Parliament and to the Council a proposal to transfer the amount equivalent to the value of the measures.
Amendment 106 #
Proposal for a regulation Article 5 – paragraph 6 b (new) 6 b. By way of derogation from Article 31(4) and (6) of the Financial Regulation, the European Parliament and the Council shall deliberate upon the transfer proposal within four weeks of its receipt by both institutions. The transfer proposal shall be considered to be approved unless, within the four-week period, the European Parliament, acting by majority of the votes cast, or the Council, acting by qualified majority, amend or reject it. If the European Parliament or the Council amend the transfer proposal, Article 31(8)of the Financial Regulation shall apply.
Amendment 107 #
Proposal for a regulation Article 5 – paragraph 6 b (new) 6 b. The decision referred to in paragraph 6 shall enter into force if neither the European Parliament nor the Council reject the transfer proposal within the period referred to in paragraph 6b.
Amendment 108 #
Proposal for a regulation Article 5 – paragraph 7 Amendment 109 #
Proposal for a regulation Article 5 – paragraph 7 Amendment 110 #
Proposal for a regulation Article 5 – paragraph 7 Amendment 111 #
Proposal for a regulation Article 5 – paragraph 8 Amendment 112 #
Proposal for a regulation Article 5 – paragraph 8 Amendment 113 #
Proposal for a regulation Article 6 – paragraph 1 1. The Member State concerned may, at any time, submit to the Commission evidence to show that the generalised deficiency as regards the
Amendment 114 #
Proposal for a regulation Article 6 – paragraph 2 2. The Commission shall assess the situation in the Member State concerned, assisted by the Democracy, Rule of Law and Fundamental Rights Expert Panel. Once the generalised deficiencies as regards the
Amendment 115 #
Proposal for a regulation Article 6 – paragraph 2 2. The Commission shall assess the situation in the Member State concerned. Once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures were adopted cease to exist in full or in part, the Commission shall
Amendment 116 #
Proposal for a regulation Article 7 Amendment 117 #
Proposal for a regulation Article 7 Amendment 118 #
Proposal for a regulation Article 7 – title Amendment 119 #
Proposal for a regulation Article 7 – paragraph 1 The Commission shall immediately inform the European Parliament of any measures proposed or adopted pursuant to Articles 4, 5 and
Amendment 120 #
Proposal for a regulation Article 7 – paragraph 1 a (new) In order to enhance the dialogue among the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the President of the Council and the Commission and, where appropriate, the President of the European Council to appear before the committee to discuss decisions taken pursuant to this Regulation. The competent committee of the European Parliament may offer the opportunity to the Member State concerned by such decisions to participate in an exchange of views.
Amendment 121 #
Proposal for a regulation Article 8 – paragraph 1 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Amendment 28 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of the Union's budget in case of generalised deficiencies as regards the
Amendment 29 #
Proposal for a regulation Recital 1 (1)
Amendment 30 #
Proposal for a regulation Recital 1 (1) The
Amendment 31 #
Proposal for a regulation Recital 1 a (new) (1 a) In accordance with Article 2 and 7 of the Treaty on European Union, the Member States and the institutions of the Union are obliged to respect, protect and promote the principles and values referred to therein.
Amendment 32 #
Proposal for a regulation Recital 1 b (new) (1 b) Member States shall duly and sincerely cooperate to take on the obligations of Union membership as recalled in the Treaty on the European Union.
Amendment 33 #
Proposal for a regulation Recital 2 Amendment 34 #
Proposal for a regulation Recital 3 (3) The
Amendment 35 #
Proposal for a regulation Recital 4 (4) Whenever the Member States implement the Union’s budget, and whatever method of implementation they use, respect for the
Amendment 36 #
Proposal for a regulation Recital 5 Amendment 37 #
Proposal for a regulation Recital 6 Amendment 38 #
Proposal for a regulation Recital 7 Amendment 39 #
Proposal for a regulation Recital 8 Amendment 40 #
Proposal for a regulation Recital 9 Amendment 41 #
Proposal for a regulation Recital 10 Amendment 42 #
Proposal for a regulation Recital 11 (11) Generalised deficiencies in the Member States as regards the
Amendment 43 #
Proposal for a regulation Recital 11 a (new) (11 a) The Commission should be able continuously to monitor the state of the rule of law in the Member States and an EU mechanism on democracy, the rule of law and fundamental rights could be set up as requested by the European Parliament in its resolution of 25 October 20161. _________ 1 European Parliament resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (2015/2254(INL)), OJ C 215,19.6.2018, p. 162–177
Amendment 44 #
Proposal for a regulation Recital 12 (12) The identification of a generalised deficiency requires a qualitative assessment by the Commission
Amendment 45 #
Proposal for a regulation Recital 12 (12) The identification of a generalised deficiency requires a qualitative assessment by the Commission. That assessment could be based on the information from all available sources and recognized institutions, including judgments of the Court of Justice of the European Union, reports of the Court of Auditors, resolutions of the European Parliament and conclusions and recommendations of relevant international organisations and networks, such as the bodies of the Council of Europe and the European networks of supreme courts and councils for the judiciary.
Amendment 46 #
Proposal for a regulation Recital 12 (12) The identification of a generalised deficiency requires a qualitative assessment by the Commission. That assessment
Amendment 47 #
Proposal for a regulation Recital 13 (13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the transfer of allocations, the replacement of recipients, the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients.
Amendment 48 #
Proposal for a regulation Recital 14 (14) The principle of proportionality should apply when determining the measures to be adopted, in particular taking into account the seriousness of the situation, the time which has elapsed since the relevant conduct started, its duration and its recurrence, the intention, and the degree of cooperation of the Member State concerned in putting an end to the generalised deficiency as regards the
Amendment 49 #
Proposal for a regulation Recital 14 a (new) (14 a) It is essential that the legitimate interests of the final recipients and beneficiaries are properly safeguarded when measures are adopted in the event of generalised deficiencies. The Commission should take into account the potential impact on final recipients and beneficiaries when considering the measures to be adopted. To strengthen the protection of the final recipients or beneficiaries, the Commission should actively monitor the respect of the legal obligation of the Member States to continue making payments after adopting measures in accordance with this Regulation, and inform the final recipients or beneficiaries of their rights in case any infringements occur.
Amendment 50 #
Proposal for a regulation Recital 15 (15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Co
Amendment 51 #
Proposal for a regulation Recital 15 (15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Co
Amendment 52 #
Proposal for a regulation Recital 15 a (new) (15 a) In view of their effect on the Union budget, measures with budgetary impact imposed pursuant to this Regulation should only enter into force after the European Parliament and the Council have approved a transfer in the budget of an amount equivalent to the value of the measures adopted. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, such transfers should be considered to be approved unless, within a set period, the European Parliament or the Council, the latter acting by qualified majority, amend or reject them.
Amendment 53 #
Proposal for a regulation Recital 15 a (new) (15 a) In view of their effect on the Union's budget, measures imposed pursuant to this Regulation should only enter into force after the European Parliament and the Council have approved a transfer to a budgetary reserve of an amount equivalent to the value of the measures adopted. To facilitate the adoption of decisions which are required to protect the financial interest of the Union, that transfer should be considered adopted unless, within a set period, the European Parliament or the Council, the latter acting by a qualified majority, amend or reject it.
Amendment 54 #
Proposal for a regulation Recital 15 a (new) (15 a) Final beneficiaries of the Union budget, other than where a government entity is the recipient, should not be affected by breaches of rules for which they are not responsible.
Amendment 55 #
Proposal for a regulation Recital 16 (16) Before proposing the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned why it considers that a generalised deficiency regarding the rule of law might exist in that Member State. The Commission should immediately inform the European Parliament and the Council about the notification and its content. The Member State concerned should be allowed to submit its observations. The Commission
Amendment 56 #
Proposal for a regulation Recital 16 (16) Before proposing the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned why it considers that a generalised deficiency regarding the
Amendment 57 #
Proposal for a regulation Recital 17 (17) The Co
Amendment 58 #
Proposal for a regulation Recital 17 (17) The Co
Amendment 59 #
Proposal for a regulation Recital 18 Amendment 60 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes the rules necessary for the protection of the Union’s budget in the case of generalised deficiencies as regards the
Amendment 61 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) 'the rule of law'
Amendment 62 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) 'the
Amendment 63 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) 'generalised deficiency as regards the rule of law' means a widespread or recurrent practice or omission, or measure by public authorities which affects the
Amendment 64 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) 'generalised deficiency as regards the
Amendment 65 #
Proposal for a regulation Article 2 a (new) Article 2 a Monitoring The Commission shall continuously monitor and assess the correct implementation of the Union law and the respect for the rule of law.
Amendment 66 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. Appropriate measures shall be taken where a generalised deficiency as regards the
Amendment 67 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) the
Amendment 68 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b)
Amendment 69 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) the proper functioning of investigation and public prosecution services in relation to the prosecution of fraud, including tax fraud,corruption or other breaches of Union law relating to the implementation of the Union budget;
Amendment 70 #
Proposal for a regulation Article 3 – paragraph 1 – point c (c)
Amendment 71 #
Proposal for a regulation Article 3 – paragraph 1 – point d Amendment 72 #
Proposal for a regulation Article 3 – paragraph 1 – point e Amendment 73 #
Proposal for a regulation Article 3 – paragraph 1 – point e a (new) (e a) the prevention and sanctioning of tax evasion and the proper functioning of authorities contributing to administrative cooperation in tax matters;
Amendment 74 #
Proposal for a regulation Article 3 – paragraph 1 – point f Amendment 75 #
Proposal for a regulation Article 3 – paragraph 2 – introductory part 2.
Amendment 76 #
Proposal for a regulation Article 3 – paragraph 2 – point a Amendment 77 #
Proposal for a regulation Article 3 – paragraph 2 – point b Amendment 78 #
Proposal for a regulation Article 3 – paragraph 2 – point c Amendment 79 #
Proposal for a regulation Article 3 – paragraph 2 – point c a (new) (c a) endangering the ability of a Member State to respect the obligations of Union membership, including the capacity effectively to implement the rules, standards and policies that constitute the body of Union law;
Amendment 80 #
Proposal for a regulation Article 3 – paragraph 2 a (new) 2 a. The assessment by the Democracy, Rule of Law and Fundamental Rights Expert Panel shall be made public by the Commission.
Amendment 81 #
Proposal for a regulation Article 3 a (new) Article 3 a Democracy, Rule of Law and Fundamental Rights Expert Panel 1. The Democracy, Rule of Law and Fundamental Rights Expert Panel shall be composed of the following members: (a) one independent expert designated by the parliament of each Member State; the Members of the expert panel shall be qualified constitutional court or supreme court judges, not currently in active service; (b) ten further experts designated by the European Parliament with a two-third majority, chosen from a list of experts nominated by: (i) the federation of All European Academies (ALLEA); (ii) the European Network of National Human Rights Institutions (ENNHRI); (iii) the Council of Europe (including the Venice Commission, GRECO and the Council of Europe Commissioner for Human Rights); (iv) CEPEJ and the Council of Law and Bar Societies Europe (CCBE); (v) the United Nations (UN), the OSCE and the Organisation for Economic Co- operation and Development (OECD). 2. The composition of the Democracy, Rule of Law and Fundamental Rights Expert Panel shall ensure gender balance. 3. The Democracy, Rule of Law and Fundamental Rights Expert Panel shall elect its Chair from among its members. 4. In order to facilitate the work of the Democracy, Rule of Law and Fundamental Rights Expert Panel, the Commission shall provide a secretariat to the Expert Panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support.
Amendment 82 #
Proposal for a regulation Article 4 – paragraph -1 (new) -1. In cases referred to in point (a) of Article 3(1), one or more of the following appropriate measures may be adopted: (a) where the Commission implements the Union’s budget in shared management pursuant to point (b) of Article 62 of the Financial Regulation, a modification of the method to implement the budget from shared to direct management; (b) where the Commission implements the Union’s budget in indirect management pursuant to point (c) of Article 62 of the Financial Regulation, and where a Member State organisation which is responsible for the deficiencies as regards the Union values is involved in the managment of the funds: (i) a replacement of the entity implementing the budget for the benefit of strengthening the Union values in the Member State concerned; (ii) a modification of the method to implement the budget from indirect to direct management.
Amendment 83 #
Proposal for a regulation Article 4 – paragraph -1 a (new) -1 a. In cases referred to in point (b) of Article 3(1), one or more of the following appropriate measures may be adopted: (a) where the Commission implements the Union’s budget in direct management pursuant to point(a) of Article 62 of the Financial Regulation, and where a government entity is the recipient: (i) a transfer of programme financial allocations to any other instrument for the benefit of strengthening the Union values in the Member State concerned; (ii) a replacement of the recipient by another government entity or a different entity for the benefit of strengthening the Union values in the Member State concerned; (b) where the Commission implements the Union’s budget in shared management pursuant to point (b) of Article 62 of the Financial Regulation: (i) a transfer of programme financial allocations to another programme for the benefit of strengthening the Union values in the Member State concerned; (ii) measures referred to in point (a) of Article 4(-1); (c) where the Commission implements the Union’s budget in indirect management pursuant to point (c) of Article 62 of the Financial Regulation, and where a Member State organisation which is responsible for the deficiencies as regards the Union values is involved in the management of the funds: (i) a transfer of programme financial allocations to another programme for the benefit of strengthening the Union values in the Member State concerned; (ii) measures referred to in point (b) of Article4(-1); (d) where the Commission implements the Union’s budget in indirect management pursuant to point (c) of Article 62 of the Financial Regulation, and where a Member State organisation is the recipient, a transfer of programme financial allocations to another programme for the benefit of strengthening the Union values in the Member State concerned.
Amendment 84 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1.
Amendment 85 #
Proposal for a regulation Article 4 – paragraph 1 – point a – point 2 a (new) (2 a) where applicable, a suspension of indirect management and implementation in direct management in its stead;
Amendment 86 #
Proposal for a regulation Article 4 – paragraph 1 – point a – point 2 a (new) (2 a) measures referred to in point(a) of Article 4(-1a).
Amendment 87 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 6 a (new) (6 a) where applicable, a suspension of shared management and implementation in direct management in its stead;
Amendment 88 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 6 a (new) (6 a) measures referred to in point (b) of Article 4(-1a).
Amendment 89 #
Proposal for a regulation Article 4 – paragraph 1 – point b a (new) (b a) (c) where the Commission implements the Union’s budget in indirect management pursuant to point (c) of Article 62 of the Financial Regulation, and where a Member State organisation which is responsible for the deficiencies as regards the Union values is involved in the management of the funds: (i) a suspension of payments or of the implementation of the legal commitment or a termination of the legal commitment pursuant to Article 131(3) of the Financial Regulation; (ii) a prohibition to enter into new legal commitments; (iii) measures referred to in point (c) of Article 4(-1a).
Amendment 90 #
Proposal for a regulation Article 4 – paragraph 1 – point b b (new) (b b) (d) where the Commission implements the Union’s budget in indirect management pursuant to point (c) of Article 62 of the Financial Regulation, and where a Member State organisation is the recipient: (i) a suspension of payments or of the implementation of the legal commitment or a termination of the legal commitment pursuant to Article 131(3) of the Financial Regulation; (ii) a prohibition to enter into new legal commitments; (iii) measures referred to in point (d) of Article 4(-1a).
Amendment 91 #
Proposal for a regulation Article 4 – paragraph 2 2. Unless the decision adopting the measures provides otherwise, the imposition of appropriate measures shall not affect the obligation of government entities referred to in point (a) of paragraph 1 or of Member States referred to in point (b) of paragraph 1 to implement the programme or fund affected by the measure, and in particular the obligation to make payments to final recipients or beneficiaries. The Commission shall actively monitor whether the legal entitlements of final recipients or beneficiaries are respected. If the Commission finds evidence that the Member State is not fulfilling its obligation to secure the payments and legitimate interests of final recipients or beneficiaries, it shall take all appropriate measures to assist those recipients or beneficiaries in enforcing their claims.
Amendment 92 #
Proposal for a regulation Article 4 – paragraph 2 2.
Amendment 93 #
Proposal for a regulation Article 4 – paragraph 3 3. The measures taken shall be proportionate to the nature, gravity and scope of the generalised deficiency as regards the
Amendment 94 #
Proposal for a regulation Article 5 – paragraph 1 1. Where the Commission finds that it has reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall send a written notification to that Member State, setting out the grounds on which it based its finding. The Commission shall, without delay, inform the European Parliament and the Council of such notification and its contents.
Amendment 95 #
Proposal for a regulation Article 5 – paragraph 2 2. The Commission
Amendment 96 #
Proposal for a regulation Article 5 – paragraph 2 2. The Commission may take into account all relevant information, including decisions of the Court of Justice of the European Union, reports of the Court of Auditors, resolutions of the European Parliament and conclusions and recommendations of relevant international organisations.
Amendment 97 #
Proposal for a regulation Article 5 – paragraph 2 2. The Commission
Amendment 98 #
Proposal for a regulation Article 5 – paragraph 4 4. The Member State concerned shall provide all required information and may make observations within a time limit specified by the Commission, which shall not be less than 1 month or more than 3 months from the date of notification of the finding. In its observations, the Member State may propose the adoption of remedial measures.
Amendment 99 #
Proposal for a regulation Article 5 – paragraph 5 5. The Commission shall take into account the information received and any observations made by the Member State concerned, as well as the adequacy of any proposed remedial measures, when deciding whether or not to
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123 amendments...
Amendment 10 #
Proposal for a regulation Recital 1 (1) The rule of law is one of the essential values upon which the Union is founded. It shall have a common definition and shall be understood similarly in all Member States. As recalled by Article 2 of the Treaty on European Union, these values are common to the Member States.
Amendment 100 #
Proposal for a regulation Article 5 – paragraph 2 2. The Commission
Amendment 101 #
Proposal for a regulation Article 5 – paragraph 2 2. The
Amendment 102 #
Proposal for a regulation Article 5 – paragraph 3 3. The Commission may, based on a ruling of the European Court of Justice, request any additional information required for its assessment, both before and after having made a finding pursuant to paragraph 1.
Amendment 103 #
Proposal for a regulation Article 5 – paragraph 3 3. The Commission may, based on a ruling of the European Court of Justice, request any additional information required for its assessment, both before and after having made a finding pursuant to paragraph 1.
Amendment 104 #
Proposal for a regulation Article 5 – paragraph 3 3. The Commission and the independent panel of experts may request any additional information required for its assessment, both before and after having made a finding pursuant to paragraph 1.
Amendment 105 #
Proposal for a regulation Article 5 – paragraph 4 4. The Member State concerned shall provide all required information and may make observations within a reasonable time limit specified by the Commission, which shall not be less than 1 month from the date of notification of the finding. In its observations, the Member State may propose the adoption of remedial measures.
Amendment 106 #
Proposal for a regulation Article 5 – paragraph 5 5. The Commission shall take into account the assessment by the independent panel of experts, the information received and any observations made by the Member State concerned, as well as the adequacy of any proposed remedial measures, when deciding whether or not to submit a proposal for a decision on the appropriate measures.
Amendment 107 #
Proposal for a regulation Article 5 – paragraph 5 a (new) 5a. Before adopting a decision on the appropriate measures, the Commission shall carry out an assessment of the potential impact of those measures on final recipients or beneficiaries of the payments related to the affected programmes or funds. The Commission shall take into due account the information and guidance referred to in paragraph 2 when assessing the proportionality of the measures.
Amendment 108 #
Proposal for a regulation Article 5 – paragraph 6 6. Where the Commission considers that the generalised deficiency as regards the rule of law as defined in Article 3(2) is established, it shall submit a proposal for an implementing act on the appropriate measures to the
Amendment 109 #
Proposal for a regulation Article 5 – paragraph 6 6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal
Amendment 11 #
(1) The
Amendment 110 #
Proposal for a regulation Article 5 – paragraph 6 6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it
Amendment 111 #
Proposal for a regulation Article 5 – paragraph 6 6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for a
Amendment 112 #
Proposal for a regulation Article 5 – paragraph 6 a (new) 6a. At the same time as it adopts its decision, the Commission shall simultaneously submit to the European Parliament and the Council a proposal to transfer to a budgetary reserve an amount equivalent to the value of the measures adopted.
Amendment 113 #
Proposal for a regulation Article 5 – paragraph 6 b (new) 6b. By way of derogation from paragraphs 4 and 6 of Article 31 of the Financial Regulation, the European Parliament and the Council shall deliberate upon the transfer proposal within four weeks of its receipt by both institutions. The transfer proposal shall be considered to be approved unless, within the four-week period, the European Parliament, acting by majority of the votes cast, or the Council, acting by qualified majority, amend or reject it. If the European Parliament or the Council amend the transfer proposal, paragraph 8 of Article 31 of the Financial Regulation shall apply.
Amendment 114 #
Proposal for a regulation Article 5 – paragraph 6 c (new) 6c. The decision shall enter into force if neither the European Parliament nor the Council reject the transfer proposal within the period referred to in paragraph 6b.
Amendment 115 #
Proposal for a regulation Article 5 – paragraph 7 7.
Amendment 116 #
Proposal for a regulation Article 5 – paragraph 7 7. The decision shall be deemed to have been adopted by the Council
Amendment 117 #
Proposal for a regulation Article 5 – paragraph 7 7. The decision shall be
Amendment 118 #
Proposal for a regulation Article 5 – paragraph 7 7. The decision shall be
Amendment 119 #
Proposal for a regulation Article 5 – paragraph 8 Amendment 12 #
Proposal for a regulation Recital 2 (2) The rule of law must be defined in detail. It generally requires that all public powers act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts. It requires, in particular, that the principles of legality7 , legal certainty8 , prohibition of arbitrariness of the executive powers9 , separation of powers10 , and effective judicial protection by independent courts11 are respected12 . _________________ 7 Judgment of the Court of Justice of 29 April 2004, CAS Succhi di Frutta, C- 496/99 PECLI:EU:C:2004:236, paragraph 63. 8 Judgment of the Court of Justice of 12 November 1981, Amministrazione delle finanze dello Stato v Srl Meridionale Industria Salumi and others Ditta Italo Orlandi & Figlio and Ditta Vincenzo Divella v Amministrazione delle finanze
Amendment 120 #
Proposal for a regulation Article 5 – paragraph 8 Amendment 121 #
Proposal for a regulation Article 5 – paragraph 8 8. The Council, acting by
Amendment 122 #
Proposal for a regulation Article 5 – paragraph 8 a (new) 8a. Throughout the period of application of the measures, the Commission shall actively monitor whether the legal entitlements of final recipients or beneficiaries are being respected. The Commission shall also facilitate the submission to it of complaints from final recipients or beneficiaries where they consider their legal entitlements are not being respected. Where the Commission finds that the Member State or the government entity concerned fails to fulfil its legal obligation to make payments, and the legitimate interests of final recipients or beneficiaries are not being respected, it shall take any appropriate measures to assist those final recipients or beneficiaries in enforcing their claims.
Amendment 123 #
Proposal for a regulation Article 6 – paragraph 2 2. The Commission
Amendment 124 #
Proposal for a regulation Article 6 – paragraph 2 2. The Commission shall assess the situation in the Member State concerned within an indicative time limit of one month, and in any case within a reasonable timeframe from the date of reception of the formal notification. Once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures were adopted cease to exist in full or in part, the Commission shall
Amendment 125 #
Proposal for a regulation Article 6 – paragraph 3 3. Where measures concerning the suspension of the approval of one or more programmes or amendments thereof referred to in point (i) of Article 4(2)(b) or the suspension of commitments referred to in point (ii) of Article 4(2)(b) are lifted, amounts corresponding to the suspended commitments shall be entered in the budget subject to Article 7 of Council Regulation (EU, Euratom) No XXXX (MFF Regulation).
Amendment 126 #
Proposal for a regulation Article 7 Amendment 127 #
Proposal for a regulation Article 7 – paragraph 1 The
Amendment 128 #
Proposal for a regulation Article 7 – paragraph 1 The Commission shall immediately inform the European Parliament and the Council of any measures proposed or adopted pursuant to Articles 4 and 5.
Amendment 13 #
Proposal for a regulation Recital 2 a (new) (2a) Member States should be assessed on a regular basis in order to verify that their laws and practices comply with the common values on which the Union is founded, thereby providing a sound legal and administrative framework for the implementation of Union policies. The obligations incumbent on a candidate country under the Copenhagen criteria, which include the stability of institutions guaranteeing democracy, the rule of law, human rights, and respect for and protection of minorities, as well as the ability to take on the obligations of Union membership, continue to apply to the Member States after joining the Union. These obligations are set out in Article 2 TEU, and the principle of sincere cooperation is established by Article 4 TEU.
Amendment 14 #
Proposal for a regulation Recital 3 (3) The rule of law is a prerequisite for the protection of the other fundamental values on which the Union is founded, such as freedom, democracy, equality and respect for human rights. Respect for the rule of law is intrinsically linked to respect for democracy and for fundamental rights: there can be no democracy and respect for fundamental rights without respect for the rule of law and vice versa. The coherence and consistency of internal and external democracy, rule of law and respect for fundamental human rights is key to the credibility of the Union.
Amendment 15 #
Proposal for a regulation Recital 3 (3) The rule of law is a prerequisite for the protection of the other fundamental values on which the Union is founded, such as freedom, democracy, equality and respect for human rights as well as non- discrimination of its citizens and its Member States. Respect for the rule of law is intrinsically linked to respect for democracy and for fundamental rights: there can be no democracy and respect for fundamental rights without respect for the rule of law and vice versa.
Amendment 16 #
Proposal for a regulation Recital 11 (11) Generalised deficiencies in the Member States as regards the rule of law which affect in particular the proper functioning of public authorities and effective judicial review, can seriously harm the financial interests of the Union. Efficient investigations into such deficiencies, and the application of effective and proportionate measures when a generalised deficiency is established, are needed not only to secure the financial interests of the Union, including the effective collection of revenue, but also to ensure public trust in the Union and its institutions. Only an independent judiciary that upholds the rule of law and legal certainty in all Member States can ultimately guarantee that money from the EU budget is sufficiently protected.
Amendment 17 #
Proposal for a regulation Recital 12 (12) The identification of a generalised deficiency requires a qualitative assessment by the Commission. That assessment could be based on the information from all available sources and recognized institutions, including judgments of the Court of Justice of the European Union, reports of the Court of Auditors, expert opinions of the relevant European Union Agencies, and conclusions and recommendations of relevant international organisations and networks, such as the bodies of the Council of Europe and the European networks of supreme courts and councils for the judiciary. In order to secure transparency through meaningful and effective democratic debate, the Commission should allow the participation of interested EU citizens and stakeholders' groups, whose opinions and arguments should be taken into account in the decision-making process.
Amendment 18 #
Proposal for a regulation Recital 12 (12) The identification of a generalised deficiency requires a
Amendment 19 #
Proposal for a regulation Recital 12 (12) The identification of a potential generalised deficiency requires a
Amendment 20 #
Proposal for a regulation Recital 12 (12) The identification of a potential generalised deficiency requires a
Amendment 21 #
Proposal for a regulation Recital 13 (13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients. Any decision to enforce conditionality should provide serious guarantees, based on impact assessments, to ensure that final beneficiaries of EU funds are not adversely affected.
Amendment 22 #
Proposal for a regulation Recital 13 (13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be
Amendment 23 #
Proposal for a regulation Recital 13 (13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the suspension of payments, a
Amendment 24 #
Proposal for a regulation Recital 14 (14) The principle of proportionality should apply when determining the measures to be adopted, in particular taking into account the seriousness of the situation, the time which has elapsed since the relevant conduct started, its duration and its recurrence, the intention, and the degree of cooperation of the Member State concerned in putting an end to the generalised deficiency as regards the rule of law, and the effects of that deficiency on the respective Union funds. The scope and level of the suspension of commitments to be imposed should be proportionate, should respect the equality of treatment between Member States, and should take into account the economic and social circumstances of the Member State concerned and the impact of the suspension on the economy of the Member State concerned. The impact of suspensions on programmes of critical importance to address rule-of-law conditions should be a specific factor to be taken into account.
Amendment 25 #
Proposal for a regulation Recital 14 a (new) (14a) It is essential that the legitimate interests of final recipients and beneficiaries are properly safeguarded when measures are adopted in the event of generalised deficiencies. When considering the measures to be adopted, the Commission should take into account their potential impact on final recipients and beneficiaries. To strengthen the protection of the final recipients or beneficiaries, the Commission should actively monitor the respect of the legal obligation of government entities and Member States to continue making payments after adopting measures on basis of this regulation, and inform the final recipients or beneficiaries of their rights in case any infringements occur.
Amendment 26 #
Proposal for a regulation Recital 14 b (new) (14b) It is essential that individual recipients of scholarships through programmes such as Erasmus, research grants and similar individual grants should not be affected if measures are adopted concerning a Member State in the event of generalised deficiencies.
Amendment 27 #
Proposal for a regulation Recital 15 (15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal.
Amendment 28 #
Proposal for a regulation Recital 15 (15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a
Amendment 29 #
Proposal for a regulation Recital 15 (15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to protect the financial interests of the Union,
Amendment 30 #
Proposal for a regulation Recital 16 (16) Before
Amendment 31 #
Proposal for a regulation Recital 16 (16) Before
Amendment 32 #
Proposal for a regulation Recital 16 (16) Before proposing the adoption of any measure pursuant to this Regulation,
Amendment 33 #
Proposal for a regulation Recital 16 (16) Before proposing the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned of the outcome of the evaluation undertaken by the independent panel of experts, and why it considers that a generalised deficiency regarding the rule of law might exist in that Member State. The Member State should be allowed to submit its observations. The Commission, the Parliament and the Council should take those observations into account.
Amendment 34 #
Proposal for a regulation Recital 16 (16) Before proposing the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned why it considers that a generalised deficiency regarding the rule of law might exist in that Member State. The Member State should be allowed to submit its observations. The Commission, the European Parliament and the Council should take those observations into account.
Amendment 35 #
Proposal for a regulation Recital 17 Amendment 36 #
Proposal for a regulation Recital 17 (17) The Co
Amendment 37 #
Proposal for a regulation Recital 18 Amendment 38 #
Proposal for a regulation Recital 18 (18) The Commission should keep the European Parliament and the Council informed of any measures proposed and adopted pursuant to this Regulation,
Amendment 39 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) 'the rule of law' refers to the Union value enshrined in Article 2 of the Treaty on European Union which includes amongst others the principles of legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty;
Amendment 40 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) 'generalised deficiency as regards the rule of law' means a widespread or recurrent practice or omission, or measure by public authorities which affects the rule of law, with this situation being confirmed by a ruling by the European Court of Justice, which is the only authority empowered to rule on matters concerning respect for the rule of law;
Amendment 41 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) 'generalised deficiency as regards the rule of law' means a widespread or recurrent practice or omission, or measure by public authorities which affects the rule of law, with this situation being confirmed by a decision of the European Court of Justice, which is the only authority empowered to rule on matters concerning respect for the rule of law;
Amendment 42 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) 'generalised deficiency as regards the rule of law' means a widespread or recurrent practice or omission, or measure by public authorities which affects the rule of law as described in Article 3;
Amendment 43 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (ca) 'independent panel of experts' is to be considered as referred to in the resolution of the European Parliament of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights.
Amendment 44 #
Proposal for a regulation Article 3 – title Amendment 45 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1.
Amendment 46 #
1. Appropriate measures shall be taken where a generalised deficiency as regards
Amendment 47 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. Appropriate measures shall be taken where a generalised deficiency as regards the rule of law in a Member State affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union by breach of secondary EU law, in particular:
Amendment 48 #
Proposal for a regulation Article 3 – paragraph 1 – point a Amendment 49 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) the
Amendment 50 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) the
Amendment 51 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) the proper functioning of investigation and public prosecution services in relation to the prosecution of fraud, corruption or other breaches of Union law and an effective criminal investigation system relating to the implementation of the Union budget;
Amendment 52 #
Proposal for a regulation Article 3 – paragraph 1 – point c (c)
Amendment 53 #
Proposal for a regulation Article 3 – paragraph 1 – point d Amendment 54 #
Proposal for a regulation Article 3 – paragraph 1 – point e Amendment 55 #
Proposal for a regulation Article 3 – paragraph 1 – point f Amendment 56 #
Proposal for a regulation Article 3 – paragraph 1 – point f a (new) (fa) the freedom of opinion and expression required in order to permit the uncovering of cases of fraud, corruption or other breaches of EU law, including the freedom of the press, freedom of association and academic freedom.
Amendment 57 #
Proposal for a regulation Article 3 – paragraph 1 – point f a (new) (fa) the fiscal discipline of that Member State, in particular the avoidance of excessive government deficit in line with Article 126 TFEU.
Amendment 58 #
Proposal for a regulation Article 3 – paragraph 2 – point c (c) limiting the availability and effectiveness of legal remedies, including through restrictive procedural rules, lack of implementation of judgments with a particular focus on decisions of the Court of Justice of the European Union deriving from infringement procedures, or limiting the effective investigation, prosecution or sanctioning of breaches of law.
Amendment 59 #
Proposal for a regulation Article 3 – paragraph 2 – point c a (new) (ca) disproportionately restricting the freedom of the press, freedom of association and academic freedom;
Amendment 6 #
Proposal for a regulation Title 1 Amendment 60 #
Proposal for a regulation Article 3 – paragraph 2 – point c b (new) (cb) failing that to ensure that the government is accountable under the law, as are private actors;
Amendment 61 #
Proposal for a regulation Article 3 – paragraph 2 – point c c (new) (cc) failing to ensure that laws are publicised and just, and protect fundamental rights, including the security of persons and property and certain core human rights;
Amendment 62 #
Proposal for a regulation Article 3 – paragraph 2 – point c d (new) (cd) failing to ensure that the processes by which the laws are enacted, administered, and enforced are accessible, fair, and efficient;
Amendment 63 #
Proposal for a regulation Article 3 – paragraph 2 – point c e (new) (ce) failing to ensure that justice is delivered timely by competent, ethical, and independent representatives and neutral parties who are accessible, have adequate resources, and reflect the make-up of the communities they serve;
Amendment 64 #
Proposal for a regulation Article 3 – paragraph 2 – point c f (new) Amendment 66 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1. One or more of the following appropriate measures may be adopted in the case of a generalised deficiency as regards the rule of law:
Amendment 67 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1.
Amendment 68 #
Proposal for a regulation Article 4 – paragraph 1 – point a – point 1 (1) a suspension of payments
Amendment 69 #
Proposal for a regulation Article 4 – paragraph 1 – point a – point 1 a (new) (1a) a transfer of financial allocations to another programme for the benefit of strengthening the Union values in the Member State concerned;
Amendment 7 #
Proposal for a regulation Citation 3 a (new) Having regard to the resolution of the European Parliament of 25 October 2016, with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights,
Amendment 70 #
Proposal for a regulation Article 4 – paragraph 1 – point b Amendment 71 #
Proposal for a regulation Article 4 – paragraph 1 – point b – introductory part (b) where the Commission implements the Union’s budget in shared management pursuant to [point (b) of Article 62] of the Financial Regulation, in the case of a generalised deficiency as regards the rule of law, save where point ba applies:
Amendment 72 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 1 Amendment 73 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 1 (1) a
Amendment 74 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 2 Amendment 75 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 2 (2) a
Amendment 76 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 3 Amendment 77 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 3 Amendment 78 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 4 Amendment 79 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 4 Amendment 8 #
Proposal for a regulation Citation 5 a (new) Having regard to the Presidency conclusions of the Copenhagen European Council of 21 and 22 June 1993 ("Copenhagen criteria")
Amendment 80 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 4 Amendment 81 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 5 Amendment 82 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 5 Amendment 83 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 6 Amendment 84 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 6 Amendment 85 #
Proposal for a regulation Article 4 – paragraph 1 – point b a (new) (ba) as far as ESI Funds are concerned, where the Commission implements the Union’s budget in shared management pursuant to [point (b) of Article 62] of the Financial Regulation, the measures defined in the Common Provisions Regulation should apply in the case of a generalised deficiency as regards the rule of law.
Amendment 86 #
Proposal for a regulation Article 4 – paragraph 2 Amendment 87 #
Proposal for a regulation Article 4 – paragraph 2 2. Unless the decision adopting the measures provides otherwise, the imposition of appropriate measures shall not affect the obligation of government entities referred to in point (a) of paragraph
Amendment 88 #
Proposal for a regulation Article 4 – paragraph 2 2.
Amendment 89 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3a. The scope and level of the suspension of commitments to be imposed shall be proportionate, shall respect the equality of treatment between Member States and shall take into account the economic and social circumstances of the Member State concerned and the impact of the suspension on the economy of the Member State concerned. The impact of suspensions on programmes of critical importance to address rule-of-law conditions shall be a specific factor to be taken into account.
Amendment 9 #
Proposal for a regulation Citation 5 b (new) Having regard to the rule of law checklist established by the European Commission for democracy through law ("Venice Commission"), CDL-AD(2016)007,
Amendment 90 #
Proposal for a regulation Article 5 – paragraph 1 1. Where the Commission finds that it has reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall ask for an assessment by the independent panel of experts, and send a written notification to th
Amendment 91 #
Proposal for a regulation Article 5 – paragraph 1 1. Where, based on a ruling of the European Court of Justice, the Commission finds th
Amendment 92 #
Proposal for a regulation Article 5 – paragraph 1 1. Where, based on a ruling of the European Court of Justice, the Commission finds th
Amendment 93 #
Proposal for a regulation Article 5 – paragraph 1 1. Where the Commission finds that it has reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall send a written notification to that Member
Amendment 94 #
Proposal for a regulation Article 5 – paragraph 1 1. Where the Commission finds that it has
Amendment 95 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. The Commission shall provide all the necessary guarantees to ensure that the same criteria are applied to all Member States, in line with the principles of equal treatment and non- discrimination, in assessing the rule-of- law situation. It shall ensure that the same measures are taken in comparable cases.
Amendment 96 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. The Commission shall ensure equal treatment by concomitantly adopting similar and non-discriminatory measures applicable to all Member States.
Amendment 97 #
Proposal for a regulation Article 5 – paragraph 2 2.
Amendment 98 #
Proposal for a regulation Article 5 – paragraph 2 2. The Commission may take into account all relevant information, including decisions of the Court of Justice of the European Union, reports of the Court of Auditors, recommendations and decisions of the Commission related to excessive deficit procedures concerning the Member States, and conclusions and recommendations of relevant international organisations.
Amendment 99 #
Proposal for a regulation Article 5 – paragraph 2 2. The Commission may take into account all relevant information, including decisions of the Court of Justice of the European Union, reports of the Court of Auditors,
source: 629.516
2018/11/09
BUDG, CONT
192 amendments...
Amendment 100 #
Proposal for a regulation Recital 13 (13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the change of shared management to direct/indirect management, to reallocate funds to the Rights and Values Programme, and ultimately the suspension of payments and of
Amendment 101 #
Proposal for a regulation Recital 13 (13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the transfer of allocations, the replacement of recipients, the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients.
Amendment 102 #
Proposal for a regulation Recital 13 (13) The possible measures to be adopted in the event of generalised
Amendment 103 #
Proposal for a regulation Recital 13 (13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients. In the case of ESI funds the measures defined in the Common Provisions Regulation should apply.
Amendment 104 #
Proposal for a regulation Recital 14 (14) The principle of proportionality should apply when determining the measures to be adopted, in particular taking into account the
Amendment 105 #
Proposal for a regulation Recital 14 (14) The principle of proportionality should apply when determining the measures to be adopted, in particular taking into account the seriousness of the situation, the time which has elapsed since the relevant conduct started, its duration and its recurrence, the intention, and the degree of cooperation of the Member State concerned in putting an end to the generalised deficiency as regards the
Amendment 106 #
Proposal for a regulation Recital 14 (14) The principle of proportionality should apply when determining the measures to be adopted, in particular taking into account the seriousness of the situation, the time which has elapsed since the relevant conduct started, its duration and its recurrence, the intention, and the degree of cooperation of the Member State concerned in putting an end to the generalised deficiency as regards the rule of law, and the effects of that deficiency on the respective Union funds. Any decision to enforce conditionality should provide serious guarantees, based on impact assessments, to ensure that final beneficiaries of EU funds are not adversely affected.
Amendment 107 #
Proposal for a regulation Recital 14 a (new) (14 a) The rights of the final beneficiaries should be upheld and guaranteed when measures are executed, unless the final beneficiaries are involved in damaging the Union’s financial interest in any way.
Amendment 108 #
Proposal for a regulation Recital 15 (15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Co
Amendment 109 #
Proposal for a regulation Recital 15 (15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal
Amendment 110 #
Proposal for a regulation Recital 15 (15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to protect the financial interests of the Union,
Amendment 111 #
Proposal for a regulation Recital 15 (15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal.
Amendment 112 #
Proposal for a regulation Recital 15 Amendment 113 #
Proposal for a regulation Recital 15 a (new) (15a) In view of their effect on the Union budget, measures with budgetary impact imposed pursuant to this Regulation should only enter into force after the European Parliament and the Council have approved a transfer in the budget of an amount equivalent to the value of the measures adopted. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, such transfers should be considered to be approved unless, within a set period, the European Parliament or the Council, the latter acting by qualified majority, amend or reject them.
Amendment 114 #
Proposal for a regulation Recital 15 a (new) (15a) In order to ensure a swift decision on the measures which are required to protect the financial interests of the Union, provisional application should be made possible in the event of protracted discussions in the Council.
Amendment 115 #
Proposal for a regulation Recital 16 (16) Before proposing the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned why it considers that
Amendment 116 #
Proposal for a regulation Recital 16 (16) Before proposing the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned why it considers that a generalised deficiency regarding the
Amendment 117 #
Proposal for a regulation Recital 17 (17) The Co
Amendment 118 #
Proposal for a regulation Recital 18 Amendment 119 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes the rules necessary for the protection of the Union’s budget in the case of generalised deficiencies as regards the
Amendment 120 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes the rules necessary for the protection of the Union’s budget in the case of generalised deficiencies as regards the
Amendment 121 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes the rules necessary for the protection of the Union’s budget in the case of generalised deficiencies as regards the rule of law in the Member States; infringement procedures can only be launched by the Commission if such concerns relate at the same time to breach of a specific provision of EU law.
Amendment 122 #
Proposal for a regulation Article 2 – paragraph 1 – point a Amendment 123 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) 'the
Amendment 124 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) 'the rule of law' refers to the Union value enshrined in Article 2 of the Treaty on European Union which includes the principles of legality, implying a transparent, accountable, democratic and
Amendment 125 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) 'the rule of law' refers to the Union value enshrined in Article 2 of the Treaty on European Union which includes the principles of legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; checks and balances; effective judicial
Amendment 126 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) 'generalised deficiency as regards the
Amendment 127 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b)
Amendment 128 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) 'generalised deficiency as regards the rule of law' means a widespread or recurrent practice or omission, or measure by public authorities which affects the
Amendment 129 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) 'government entity' means a
Amendment 130 #
Proposal for a regulation Article 2 a (new) Article 2a Monitoring The Commission shall continuously monitor and assess the correct implementation of the Union law and the respect of the rule of law.
Amendment 131 #
Proposal for a regulation Article 2 a (new) Amendment 132 #
Proposal for a regulation Article 2 a (new) Amendment 133 #
Proposal for a regulation Article 3 Amendment 134 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. Appropriate measures
Amendment 135 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. Appropriate measures shall be taken where a generalised deficiency as regards the
Amendment 136 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. Appropriate balanced and proportionate measures shall be taken where a generalised deficiency as regards the rule of law in a Member State under the Constitution affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union, in particular:
Amendment 137 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. Appropriate measures shall be taken where a generalised deficiency as regards the rule of law in a Member State affects or risks affecting the principles of sound financial management or the protection of the financial interests of the
Amendment 138 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1.
Amendment 139 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1.
Amendment 140 #
Proposal for a regulation Article 3 – paragraph 1 – point a Amendment 141 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) ensuring the proper functioning of the authorities of that Member State implementing the Union budget, in particular in the context of public procurement or grant procedures, and when carrying out monitoring and controls;
Amendment 142 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) ensuring the proper functioning of investigation and public prosecution services in relation to the prosecution of fraud, corruption or other breaches of Union law relating to the implementation of the Union budget;
Amendment 143 #
Proposal for a regulation Article 3 – paragraph 1 – point c (c)
Amendment 144 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) ensuring the prevention and sanctioning of fraud, corruption or other breaches of
Amendment 145 #
Proposal for a regulation Article 3 – paragraph 1 – point e Amendment 146 #
Proposal for a regulation Article 3 – paragraph 1 – point e (e) assuring the recovery of funds unduly paid;
Amendment 147 #
Proposal for a regulation Article 3 – paragraph 1 – point e a (new) (ea) the prevention and sanctioning of tax evasion and tax competition and the proper functioning of authorities contributing to administrative cooperation in tax matters;
Amendment 148 #
Proposal for a regulation Article 3 – paragraph 1 – point e a (new) (ea) the proper functioning of authorities contributing to administrative cooperation in tax matters;
Amendment 149 #
Proposal for a regulation Article 3 – paragraph 1 – point f (f) the effective and timely cooperation with the European Anti-fraud Office
Amendment 150 #
Proposal for a regulation Article 3 – paragraph 1 – point f (f) the effective and timely cooperation with the European Anti-fraud Office and, subject to the participation of the Member State concerned, with the European Public Prosecutor’s Office in their investigations or prosecutions pursuant to their respective legal acts and to the principle of loyal cooperation.
Amendment 151 #
Proposal for a regulation Article 3 – paragraph 1 – point f (f) providing the effective and timely cooperation with the European Anti-fraud Office and with the European Public Prosecutor’s Office in their investigations or prosecutions pursuant to their respective legal acts and to the principle of loyal cooperation.
Amendment 152 #
Proposal for a regulation Article 3 – paragraph 1 – point f a (new) (fa) fiscal discipline of Member States, notably the avoidance of excessive government deficits in line with Article 126 TFEU.
Amendment 153 #
Proposal for a regulation Article 3 – paragraph 2 Amendment 154 #
Proposal for a regulation Article 3 – paragraph 2 – point c (c) limiting the availability and effectiveness of legal remedies, including through restrictive procedural rules, lack of implementation of judgments, with particular focus on decisions of the Court of Justice of the European Union deriving from infringement procedures, or limiting the effective investigation, prosecution or sanctioning of breaches of law.
Amendment 155 #
Proposal for a regulation Article 3 – paragraph 2 – point c (c) limiting the availability and effectiveness of legal remedies, including through restrictive procedural rules, lack of implementation of judgments, or limiting the effective investigation, prosecution or sanctioning of breaches of law and action which erodes the independence of lawyers and encroaches on safeguards for confidential communication between lawyers and their clients.
Amendment 156 #
(ca) measures interfering with the independence of the attorneyship;
Amendment 157 #
Proposal for a regulation Article 3 – paragraph 2 – point c b (new) (cb) measures that weaken the protection of the confidential communication between lawyer and client.
Amendment 158 #
Proposal for a regulation Article 3 a (new) Article 3a Democracy, Rule of Law and Fundamental Rights Expert Panel 1. The Democracy, Rule of Law and Fundamental Rights Expert Panel shall be composed of the following members: (a) one independent expert designated by the parliament of each Member State; the members of the expert panel shall be qualified constitutional court or supreme court judges, not currently in active service; (b) ten further experts designated by the European Parliament by a majority of two-thirds of the votes cast, chosen from a list of experts nominated by: (i) the federation of All European Academies (ALLEA); (ii) the European Network of National Human Rights Institutions (ENNHRI); (iii) the Council of Europe (including the Venice Commission, GRECO and the Council of Europe Commissioner for Human Rights); (iv) CEPEJ and the Council of Law and Bar Societies Europe (CCBE); (v) the United Nations (UN), the OSCE and the Organisation for Economic Co-operation and Development (OECD). 2. The composition of the Democracy, Rule of Law and Fundamental Rights Expert Panel shall ensure gender balance.
Amendment 159 #
Proposal for a regulation Article 4 – title Amendment 160 #
Proposal for a regulation Article 4 – paragraph -1 (new) -1. In cases referred to in point (a) of Article 2a(1), one or more of the following appropriate measures may be adopted: (a) where the Commission implements the Union’s budget in shared management pursuant to point (b) of Article 62 of the Financial Regulation, a modification of the method to implement the budget from shared to direct management; (b) where the Commission implements the Union’s budget in indirect management pursuant to point (c) of Article 62 of the Financial Regulation, and where a Member State organisation which is responsible for the deficiencies as regards the Union values is involved in the management of the funds: (i) a replacement of the entity implementing the budget for the benefit of strengthening the Union values in the Member State concerned; (ii) a modification of the method to implement the budget from indirect to direct management.
Amendment 161 #
Proposal for a regulation Article 4 – paragraph -1 a (new) Amendment 162 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1.
Amendment 163 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 1.
Amendment 164 #
Proposal for a regulation Article 4 – paragraph 1 – point a – point -1 (new) (-1) reallocating payments to the Rights and Values Programme;
Amendment 165 #
Proposal for a regulation Article 4 – paragraph 1 – point a – point 1 (1) a suspension of payments or of the implementation of the legal commitment or a termination of the legal commitment pursuant to Article [131(3)] of the Financial Regulation for/with the respective government entity;
Amendment 166 #
Proposal for a regulation Article 4 – paragraph 1 – point a – point 2 (2) a prohibition to enter into new legal commitments for the respective government entity;
Amendment 167 #
Proposal for a regulation Article 4 – paragraph 1 – point a – point 2 a (new) (2a) measures referred to in point (a) of Article 4(-1a).
Amendment 168 #
Proposal for a regulation Article 4 – paragraph 1 – point b – introductory part (b) where the Commission implements the Union’s budget in shared management pursuant to [point (b) of Article 62] of the Financial Regulation, except for the ESI funds where the measures defined in the Common Provisions Regulation shall apply:
Amendment 169 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point -1 (new) (-1) taking the funds of one or more programmes into direct or indirect management of the Commission;
Amendment 170 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point -1 a (new) (-1a) reallocating payments to the Rights and Values Programme;
Amendment 171 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 1 Amendment 172 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 1 Amendment 173 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 2 Amendment 174 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 2 Amendment 175 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 2 (2) a suspension of commitments for one program;
Amendment 176 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 3 Amendment 177 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 3 (3) a reduction of commitments
Amendment 178 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 3 (3) a reduction of commitments, restricted to the current year and for the amount of the deficiency detected, including through financial corrections or transfers to other spending programmes;
Amendment 179 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 4 Amendment 180 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 4 Amendment 181 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 4 (4) a reduction of pre-financing for one program;
Amendment 182 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 5 (5) an interruption of payment deadlines for one program;
Amendment 183 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 6 Amendment 184 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 6 (6) a suspension of payments for one program.
Amendment 185 #
Proposal for a regulation Article 4 – paragraph 1 – point b – point 6 a (new) (6a) measures referred to in point (b) of Article 4(-1a).
Amendment 186 #
Proposal for a regulation Article 4 – paragraph 1 – point b a (new) (ba) where the Commission implements the Union’s budget in indirect management pursuant to points (c) of Article 62 of the Financial Regulation, and where a Member State organisation which is responsible for the deficiencies as regards the Union values is involved in the management of the funds: (i) a suspension of payments or of the implementation of the legal commitment or a termination of the legal commitment pursuant to Article 131(3) of the Financial Regulation; (ii) a prohibition to enter into new legal commitments; (iii) measures referred to in point (c) of Article 4(-1a).
Amendment 187 #
Proposal for a regulation Article 4 – paragraph 1 – point b b (new) (bb) where the Commission implements the Union’s budget in indirect management pursuant to points (c) of Article 62 of the Financial Regulation, and where a Member State organisation is the recipient: (i) a suspension of payments or of the implementation of the legal commitment or a termination of the legal commitment pursuant to Article 131(3) of the Financial Regulation; (ii) a prohibition to enter into new legal commitments; (iii) measures referred to in point (d) of Article 4(-1a).
Amendment 188 #
Proposal for a regulation Article 4 – paragraph 2 2.
Amendment 189 #
Proposal for a regulation Article 4 – paragraph 2 2.
Amendment 190 #
Proposal for a regulation Article 4 – paragraph 2 2. Unless the decision adopting the measures provides otherwise, the imposition of appropriate measures shall not affect the obligation of government entities referred to in point (a) of paragraph 1 or of Member States referred to in point (b) of paragraph 1 to implement the programme or fund affected by the measure, and in particular the obligation to make payments to final recipients or beneficiaries. Any decision to enforce conditionality shall provide serious guarantees, based on impact assessments, to ensure that final beneficiaries of EU funds are not adversely affected.
Amendment 191 #
Proposal for a regulation Article 4 – paragraph 3 3. The measures taken shall be
Amendment 192 #
Proposal for a regulation Article 4 – paragraph 3 3. The measures taken shall be proportionate to the nature, gravity and scope of the generalised deficiency as regards the
Amendment 193 #
Proposal for a regulation Article 4 – paragraph 3 3. The measures taken shall be proportionate to the nature, gravity, duration and scope of the generalised deficiency as regards the rule of law. They shall, insofar as possible, target the Union actions affected or potentially affected by that deficiency.
Amendment 194 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3a. Before taking such measures, the Commission shall conduct a mandatory assessment of the impact of the measures on citizens, businesses and civil society in the Member State concerned.
Amendment 195 #
Proposal for a regulation Article 5 – paragraph -1 (new) -1. The Commission shall establish a risk assessment framework that assesses the state of the rule of law in all Member States, based on criteria laid down in Article 3. The Commission shall prepare and publish these assessments annually.
Amendment 196 #
Proposal for a regulation Article 5 – paragraph -1 a (new) Amendment 197 #
Proposal for a regulation Article 5 – paragraph 1 1. Where the Commission finds that it has
Amendment 198 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. If the European Parliament considers it necessary it may initiate the action of the European Commission set out in paragraph 1.
Amendment 199 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. The Commission shall ensure equal treatment by concomitantly adopting similar and non-discriminatory measures applicable to all Member States.
Amendment 200 #
Proposal for a regulation Article 5 – paragraph 2 2.
Amendment 201 #
Proposal for a regulation Article 5 – paragraph 2 2. The Commission
Amendment 202 #
Proposal for a regulation Article 5 – paragraph 2 2. The Commission
Amendment 203 #
Proposal for a regulation Article 5 – paragraph 2 2. The Commission
Amendment 204 #
Proposal for a regulation Article 5 – paragraph 2 2. The Commission may take into account all relevant information, including decisions of the Court of Justice of the European Union, reports of the Court of Auditors, recommendations and decisions of the Commission related to procedures for excessive deficit of Member States, and conclusions and recommendations of relevant international organisations.
Amendment 205 #
Proposal for a regulation Article 5 – paragraph 3 3. The Commission
Amendment 206 #
Proposal for a regulation Article 5 – paragraph 4 5. The Commission shall hear the Member State concerned and shall take into account the information received
Amendment 208 #
Proposal for a regulation Article 5 – paragraph 5 5. The Commission shall take into account the information received and any observations made by the Member State concerned, as well as the adequacy of any proposed remedial measures, when deciding whether or not to submit a proposal for a decision on
Amendment 209 #
Proposal for a regulation Article 5 – paragraph 5 a (new) Amendment 210 #
Proposal for a regulation Article 5 – paragraph 6 6. Where the Commission considers that the generalised deficiency as regards the
Amendment 211 #
Proposal for a regulation Article 5 – paragraph 6 6. Where the Commission considers that the generalised deficiency as regards the
Amendment 212 #
Proposal for a regulation Article 5 – paragraph 6 6. Where the Commission, after a period of evaluation of the effects of the application of the remedial measures, considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing act on the appropriate measures to the Council.
Amendment 213 #
Proposal for a regulation Article 5 – paragraph 6 6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing act on the appropriate measures to the Council and Parliament.
Amendment 214 #
Proposal for a regulation Article 5 – paragraph 6 6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing act on the
Amendment 215 #
Proposal for a regulation Article 5 – paragraph 6 a (new) 6a. The Commission shall publish its proposal in the Official Journal including the justification and the methodology used in the procedure.
Amendment 216 #
Proposal for a regulation Article 5 – paragraph 6 a (new) 6a. The Council, in agreement with the Commission, shall open a preliminary stage in which the Commission shall examine with the Member State the alleged deficiencies and the measures the Commission may require to remedy them. The preliminary stage may not last for less than three months. Should the Council decide by simple majority that the Member State concerned has in the meantime remedied the deficiencies identified, the implementing act shall lapse automatically.
Amendment 217 #
Proposal for a regulation Article 5 – paragraph 6 a (new) 6a. At the same time as it adopts its proposal for an implementing act, as referred to in paragraph 6 of this Article, the Commission shall submit to the European Parliament and to the Council a proposal to transfer to a budgetary reserve an amount equivalent to the value of the measures adopted.
Amendment 218 #
Proposal for a regulation Article 5 – paragraph 6 a (new) 6a. Where the appropriate measures decided by the Commission have an impact on the budgetary allocations, the Commission shall submit to the European Parliament and to the Council a proposal to transfer the amount equivalent to the value of the measures.
Amendment 219 #
Proposal for a regulation Article 5 – paragraph 6 b (new) 6b. By way of derogation from Article 31(4) and (6) of the Financial Regulation, the European Parliament and the Council shall deliberate upon the transfer proposal within four weeks of its receipt by both institutions. The transfer proposal shall be considered to be approved unless, within the four-week period, the European Parliament, acting by majority of the votes cast, or the Council, acting by qualified majority, amend or reject it. If the European Parliament or the Council amend the transfer proposal, Article 31(8) of the Financial Regulation shall apply.
Amendment 220 #
Proposal for a regulation Article 5 – paragraph 7 Amendment 221 #
Proposal for a regulation Article 5 – paragraph 7 Amendment 222 #
Proposal for a regulation Article 5 – paragraph 7 Amendment 223 #
Proposal for a regulation Article 5 – paragraph 7 7. The
Amendment 224 #
Proposal for a regulation Article 5 – paragraph 7 7. The decision shall be deemed to have been adopted or rejected by the Council,
Amendment 225 #
Proposal for a regulation Article 5 – paragraph 7 7. The decision shall be
Amendment 226 #
Proposal for a regulation Article 5 – paragraph 7 a (new) 7a. The European Parliament shall adopt the proposal under the consent procedure.
Amendment 227 #
Proposal for a regulation Article 5 – paragraph 8 Amendment 228 #
Proposal for a regulation Article 5 – paragraph 8 8. The Council, acting
Amendment 229 #
Proposal for a regulation Article 5 – paragraph 8 8. The Council, acting by
Amendment 230 #
Proposal for a regulation Article 5 – paragraph 8 8. The Council, acting by a qualified majority, may adopt the proposal of the Commission or may amend the Commission’s proposal and adopt the amended text as a Council decision.
Amendment 231 #
Proposal for a regulation Article 5 – paragraph 8 8. The Council, acting by a qualified majority, may a
Amendment 232 #
Proposal for a regulation Article 5 – paragraph 8 a (new) 8a. Where the Council reaches no decision within two months after the submission of the proposal by the Commission referred to in paragraph 6 of this Article, and until such time as the Council has decided, the Commission shall be empowered to apply the proposed measures provisionally.
Amendment 233 #
Proposal for a regulation Article 6 – paragraph 1 1. The Member State concerned may, at any time, submit to the Commission evidence to show that the generalised deficiency as regards the
Amendment 234 #
Proposal for a regulation Article 6 – paragraph 1 1. The Member State concerned may, at any time, submit to the Commission evidence to show that the generalised deficiency as regards the rule of law has sufficiently been remedied or has ceased to exist.
Amendment 235 #
Proposal for a regulation Article 6 – paragraph 2 2.
Amendment 236 #
Proposal for a regulation Article 6 – paragraph 2 2. The Commission shall assess, by one month from the date of receiving the Member State request, the situation in the Member State concerned. Once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures
Amendment 237 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 239 #
Proposal for a regulation Article 7 – title Amendment 240 #
Proposal for a regulation Article 7 – paragraph 1 The Commission shall immediately inform the European Parliament of any measures proposed or adopted pursuant to Articles 4, 5 and
Amendment 241 #
Proposal for a regulation Article 7 – paragraph 1 a (new) Amendment 242 #
Proposal for a regulation Article 8 – paragraph 1 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Amendment 51 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of the Union's budget in case of generalised deficiencies as regards the
Amendment 52 #
Proposal for a regulation Recital 1 (1)
Amendment 53 #
Proposal for a regulation Recital 1 (1) The
Amendment 54 #
Proposal for a regulation Recital 1 (1)
Amendment 55 #
Proposal for a regulation Recital 1 a (new) (1a) However, doctrinaire assessments of the rule of law, far from uniform, are, on the contrary, as diverse as they are surprising, with frequent inconsistencies between Member States. The rule of law must be based on the assumption of a clear and well-articulated hierarchy of rules, each with its specific place in the constitutional order, with precise laws that delimit exactly the actions of the implementing bodies empowered to monitor compliance with individual and general rules.
Amendment 56 #
Proposal for a regulation Recital 1 a (new) (1a) In accordance with Article 7 TEU, the Union has the possibility to act in cases of there being a clear risk of a serious breach by a Member State of the values referred to in Article 2 TEU. Member States, Union institutions, bodies, office and agencies, as well as candidate countries are obliged to respect, protect and promote those principles and values.
Amendment 57 #
Proposal for a regulation Recital 2 Amendment 58 #
Proposal for a regulation Recital 2 Amendment 59 #
Proposal for a regulation Recital 2 (2) The rule of law requires that all public powers - including representatives of institutions such as the European Central Bank - act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts. It requires, in particular, that the principles of legality7 , of legal certainty8 , of the primacy of law over even international standards, of prohibition of arbitrariness of the executive powers9 , of separation of powers10 , and of effective judicial protection by independent courts11 are respected12 . _________________ 7 Judgment of the Court of Justice of 29 April 2004, CAS Succhi di Frutta, C- 496/99 PECLI:EU:C:2004:236, paragraph 63. 8 Judgment of the Court of Justice of 12 November 1981, Amministrazione delle finanze dello Stato v Srl Meridionale Industria Salumi and others Ditta Italo Orlandi & Figlio and Ditta Vincenzo Divella v Amministrazione delle finanze dello Stato. Joined cases 212 to 217/80, ECLI:EU:C:1981:270, paragraph 10. 9 Judgment of the Court of Justice of 21 September 1989, Hoechst, Joined cases 46/87 and 227/88, ECLI:EU:C:1989:337, paragraph 19. 10 Judgment of the Court of Justice of 10 November 2016, Kovalkovas, C-477/16, ECLI:EU:C:2016:861, paragraph 36; Judgment of the Court of Justice of 10 November 2016, PPU Poltorak, C-452/16, ECLI:EU:C:2016:858, paragraph 35; and Judgment of the Court of Justice of 22 December 2010, DEB,C-279/09,
Amendment 60 #
Proposal for a regulation Recital 2 Amendment 61 #
Proposal for a regulation Recital 2 (2) The rule of law requires that all public powers act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent
Amendment 62 #
(2a) The rule of law is based on the existence of a minimum body of conditions of which we can identify the following: – autonomy of the law; – predictability; – separation of powers within the State; – constitutional power structure; – promotion of human rights; – benevolent, open and cooperative attitude on the part of the State towards civil society; – principle of separation of powers within the State upheld; – real and genuine democracy; – institutionalised and guaranteed human and civil rights; – a coherent and hierarchical legal order; – a system of internal regulation of public authorities through political, administrative hierarchical and judicial control; – control of the constitutionality of laws; – unrestricted access to justice and organisation of legal proceedings at several instances; – control of the constitutionality of laws; – control of legality of activities of public administration; – independent judiciary: – existence of the institution of ombudsman.
Amendment 63 #
Proposal for a regulation Recital 3 Amendment 64 #
Proposal for a regulation Recital 3 (3) The
Amendment 65 #
Proposal for a regulation Recital 3 (3) The rule of law is a prerequisite for the protection of the other fundamental values on which the Union is founded, such as freedom, democracy, equality and respect for human rights. Respect for the rule of law is intrinsically linked to respect for democracy and for fundamental rights: there can be no democracy and respect for fundamental rights without respect for the rule of law and vice versa. This applies particularly where a Member State has elected a sovereign government with a democratic mandate with which the senior officials of the various European Union institutions may not agree.
Amendment 66 #
Proposal for a regulation Recital 4 (4) Whenever the Member States implement the Union’s budget, and whatever method of implementation they use, respect for the
Amendment 67 #
Proposal for a regulation Recital 4 (4) Whenever the Member States implement the Union’s budget, and whatever method of implementation they use, respect for the
Amendment 68 #
Proposal for a regulation Recital 4 (4) Whenever the Member States implement the Union’s budget, and whatever method of implementation they use, respect for the rule of law is an essential precondition to comply with the principles of sound financial management enshrined in Article 317 of the Treaty on the Functioning of the European Union. In this regard, and whether implementing their own or the Union's budget, Member States with a democratic mandate with which senior officials of the various European Union institutions do not agree should not be prevented by any of those institutions from carrying out that mandate.
Amendment 69 #
Proposal for a regulation Recital 5 Amendment 70 #
Proposal for a regulation Recital 5 (5) Sound financial management can only be ensured by the Member States if public authorities act in accordance with the law, and if breaches thereof are effectively pursued by investigative and prosecution services, and if decisions of public authorities can be subject to effective judicial review by independent courts and by the Court of Justice of the European Union. This also extends to breaches of the law by the Union's own institutions, such as those which may have occurred in the ECB's dealings with Greece and the elected government led by Syriza.
Amendment 71 #
Proposal for a regulation Recital 6 Amendment 72 #
Proposal for a regulation Recital 7 |