{"change_dates":[],"dossier":{"amendments":[{"authors":"Marian-Jean Marinescu","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-49","location":[["Proposal for a regulation","\u2013"]],"meps":[33982],"meta":{"created":"2019-07-03T06:05:55"},"new":["The European Parliament rejects the","Commission proposal."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"49","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"Stanis\u0142aw \u017b\u00f3\u0142tek, Andr\u00e9 Elissen, Marco Zanni","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-50","location":[["Proposal for a regulation","\u2013"]],"meps":[124902,188445,124780],"meta":{"created":"2019-07-03T06:05:55"},"new":["The European Parliament rejects the","Commission proposal."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"50","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"Bart Staes, Sven Giegold on behalf of the Verts/ALE Group","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-51","location":[["Proposal for a regulation","Title 1"]],"meps":[4751,96730],"meta":{"created":"2019-07-03T06:05:55"},"new":["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 Union values in the Member States"],"old":["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"],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"51","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Laura Agea, Laura Ferrara, Rosa D'Amato, Ignazio Corrao, Fabio Massimo Castaldo","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-52","location":[[" Proposal for a regulation","Recital 1"]],"meps":[124811,124833,124835,124856,124812],"meta":{"created":"2019-07-03T06:05:56"},"new":["(1) Respect for certain constitutional","principles common to the legal systems of","the Member States is important to ensure","sound management of the Union\u2019s","financial interests. Respect for the","principle of separation of state powers,","and supervision by an independent and","impartial court able to ensure effective","judicial protection, are particularly","important."],"old":["(1) 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."],"orig_lang":"it","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"52","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Bart Staes, Sven Giegold on behalf of the Verts/ALE Group","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-53","location":[[" Proposal for a regulation","Recital 1"]],"meps":[4751,96730],"meta":{"created":"2019-07-03T06:05:56"},"new":["(1) The Union is founded on the values","of respect for human dignity, freedom,","democracy, equality, the rule of law and","respect for human rights, including the","rights of persons belonging to minorities.","As recalled by Article 2 of the Treaty on","European Union, these values are common","to the Member States."],"old":["(1) 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."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"53","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Luke Ming Flanagan","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-54","location":[["Proposal for a regulation","Recital 1"]],"meps":[124985],"meta":{"created":"2019-07-03T06:05:56"},"new":["(1) Notwithstanding that bad law has","been and continues to be written, the rule","of law is meant to be 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."],"old":["(1) 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."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"54","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"R\u0103zvan Popa","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-55","location":[["Proposal for a regulation","Recital 1 a (new)"]],"meps":[189490],"meta":{"created":"2019-07-03T06:05:56"},"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."],"orig_lang":"ro","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"55","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"Dennis de Jong","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-56","location":[["Proposal for a regulation","Recital 1 a (new)"]],"meps":[96748],"meta":{"created":"2019-07-03T06:05:56"},"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."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"56","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Laura Agea, Laura Ferrara, Rosa D'Amato, Ignazio Corrao, Fabio Massimo Castaldo","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-57","location":[[" Proposal for a regulation","Recital 2"]],"meps":[124811,124833,124835,124856,124812],"meta":{"created":"2019-07-03T06:05:56"},"new":["deleted"],"old":["(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 and impartial courts. It","requires, in particular, that the principles","of legality7 , legal certainty8 , prohibition","of arbitrariness of the executive powers 9 ,","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","","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,","ECLI:EU:C:2010:811, paragraph 58.","11","Judgment of the Court of Justice of 27","February 2018, Associa\u00e7\u00e3o Sindical dos","Ju\u00edzes Portugueses v Tribunal de Contas","C-64/16, ECLI:EU:C:2018:117,","paragraphs 31, 40-41.","12","Communication from the Commission","\"A new EU Framework to strengthen the","Rule of Law\", COM(2014) 158 final,","Annex I."],"orig_lang":"it","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"57","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"Bart Staes, Sven Giegold on behalf of the Verts/ALE Group","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-58","location":[["Proposal for a regulation","Recital 2"]],"meps":[4751,96730],"meta":{"created":"2019-07-03T06:05:56"},"new":["deleted"],"old":["(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 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","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,","ECLI:EU:C:2010:811, paragraph 58.","11","Judgment of the Court of Justice of 27","February 2018, Associa\u00e7\u00e3o Sindical dos","Ju\u00edzes Portugueses v Tribunal de Contas","C-64/16, ECLI:EU:C:2018:117,","paragraphs 31, 40-41.","12","Communication from the Commission","\"A new EU Framework to strengthen the","Rule of Law\", COM(2014) 158 final,","Annex I."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"58","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Luke Ming Flanagan","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-59","location":[["Proposal for a regulation","Recital 2"]],"meps":[124985],"meta":{"created":"2019-07-03T06:05:56"},"new":["(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,","ECLI:EU:C:2010:811, paragraph 58.","11","Judgment of the Court of Justice of 27","February 2018, Associa\u00e7\u00e3o Sindical dos","Ju\u00edzes Portugueses v Tribunal de Contas C-","64/16, ECLI:EU:C:2018:117, paragraphs","31, 40-41.","12","Communication from the Commission","\"A new EU Framework to strengthen the","Rule of Law\", COM(2014) 158 final,","Annex I."],"old":["(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 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","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,","","","ECLI:EU:C:2010:811, paragraph 58.","11","Judgment of the Court of Justice of 27","February 2018, Associa\u00e7\u00e3o Sindical dos","Ju\u00edzes Portugueses v Tribunal de Contas C-","64/16, ECLI:EU:C:2018:117, paragraphs","31, 40-41.","12","Communication from the Commission","\"A new EU Framework to strengthen the","Rule of Law\", COM(2014) 158 final,","Annex I."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"59","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Maria Grapini, R\u0103zvan Popa","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-60","location":[[" Proposal for a regulation","Recital 2"]],"meps":[124785,189490],"meta":{"created":"2019-07-03T06:05:57"},"new":["2. The rule of law requires that all","public powers act within the constraints set","out by law, in accordance with the","Constitution of each Member State, 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 protection11 by independent courts","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,","ECLI:EU:C:2010:811, paragraph 58.","11","Judgment of the Court of Justice of 27","February 2018, Associa\u00e7\u00e3o Sindical dos","Ju\u00edzes Portugueses v Tribunal de Contas C-","64/16, ECLI:EU:C:2018:117, paragraphs","31, 40-41.","12","Communication from the Commission","\"A new EU Framework to strengthen the","Rule of Law\", COM(2014) 158 final,","Annex I."],"old":["(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 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 protection11","by independent courts 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,","ECLI:EU:C:2010:811, paragraph 58.","11","Judgment of the Court of Justice of 27","February 2018, Associa\u00e7\u00e3o Sindical dos","Ju\u00edzes Portugueses v Tribunal de Contas C-","64/16, ECLI:EU:C:2018:117, paragraphs","31, 40-41.","12","Communication from the Commission","\"A new EU Framework to strengthen the","Rule of Law\", COM(2014) 158 final,","Annex I."],"orig_lang":"ro","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"60","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"Benedek J\u00e1vor","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-61","location":[["Proposal for a regulation","Recital 2"]],"meps":[124721],"meta":{"created":"2019-07-03T06:05:57"},"new":["(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, impartial","and effective 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","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,","ECLI:EU:C:2010:811, paragraph 58.","11","Judgment of the Court of Justice of 27","February 2018, Associa\u00e7\u00e3o Sindical dos","Ju\u00edzes Portugueses v Tribunal de Contas C-","64/16, ECLI:EU:C:2018:117, paragraphs","31, 40-41.","12","Communication from the Commission","\"A new EU Framework to strengthen the","Rule of Law\", COM(2014) 158 final,","Annex I."],"old":["(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 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","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,","ECLI:EU:C:2010:811, paragraph 58.","11","Judgment of the Court of Justice of 27","February 2018, Associa\u00e7\u00e3o Sindical dos","Ju\u00edzes Portugueses v Tribunal de Contas C-","64/16, ECLI:EU:C:2018:117, paragraphs","31, 40-41.","12","Communication from the Commission","\"A new EU Framework to strengthen the","Rule of Law\", COM(2014) 158 final,","Annex I."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"61","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" R\u0103zvan Popa","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-62","meps":[189490],"meta":{"created":"2019-07-03T06:05:57"},"new":["(2a) The rule of law is based on the","existence of a minimum body of","conditions of which we can identify the","following:","\u2013 autonomy of the law;","\u2013 predictability;","\u2013 separation of powers within the","State;","\u2013 constitutional power structure;","\u2013 promotion of human rights;","\u2013 benevolent, open and cooperative","attitude on the part of the State towards","civil society;","\u2013 principle of separation of powers","within the State upheld;","\u2013 real and genuine democracy;","\u2013 institutionalised and guaranteed","human and civil rights;","\u2013 a coherent and hierarchical legal","order;","\u2013 a system of internal regulation of","public authorities through political,","administrative hierarchical and judicial","control;","\u2013 control of the constitutionality of","laws;","\u2013 unrestricted access to justice and","organisation of legal proceedings at","several instances;","\u2013 control of the constitutionality of","laws;","\u2013 control of legality of activities of","public administration;","\u2013 independent judiciary:","\u2013 existence of the institution of","ombudsman."],"orig_lang":"ro","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"62","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Laura Agea, Laura Ferrara, Rosa D'Amato, Ignazio Corrao, Fabio Massimo Castaldo","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-63","location":[[" Proposal for a regulation","Recital 3"]],"meps":[124811,124833,124835,124856,124812],"meta":{"created":"2019-07-03T06:05:57"},"new":["deleted"],"old":["(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."],"orig_lang":"it","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"63","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Bart Staes, Sven Giegold on behalf of the Verts/ALE Group","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-64","location":[[" Proposal for a regulation","Recital 3"]],"meps":[4751,96730],"meta":{"created":"2019-07-03T06:05:57"},"new":["(3) The fundamental values on which","the Union is founded are intrinsically","linked: there can be no hierarchy of values","within the Union."],"old":["(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."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"64","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"Luke Ming Flanagan","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-65","location":[["Proposal for a regulation","Recital 3"]],"meps":[124985],"meta":{"created":"2019-07-03T06:05:57"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"65","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"Laura Agea, Laura Ferrara, Rosa D'Amato, Ignazio Corrao, Fabio Massimo Castaldo","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-66","location":[["Proposal for a regulation","Recital 4"]],"meps":[124811,124833,124835,124856,124812],"meta":{"created":"2019-07-03T06:05:57"},"new":["(4) Whenever the Member States","implement the Union\u2019s budget, and","whatever method of implementation they","use, respect for the aforementioned","common constitutional principles is an","essential precondition to comply with the","sound financial management referred to in","Article 317 of the Treaty on the","Functioning of the European Union."],"old":["(4) Whenever the Member States","implement the Union\u2019s 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."],"orig_lang":"it","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"66","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Bart Staes, Sven Giegold on behalf of the Verts/ALE Group","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-67","location":[[" Proposal for a regulation","Recital 4"]],"meps":[4751,96730],"meta":{"created":"2019-07-03T06:05:57"},"new":["(4) Whenever the Member States","implement the Union\u2019s budget, and","whatever method of implementation they","use, respect for the Union values 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."],"old":["(4) Whenever the Member States","implement the Union\u2019s 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."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"67","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Luke Ming Flanagan","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-68","location":[[" Proposal for a regulation","Recital 4"]],"meps":[124985],"meta":{"created":"2019-07-03T06:05:57"},"new":["(4) Whenever the Member States","implement the Union\u2019s 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."],"old":["(4) Whenever the Member States","implement the Union\u2019s 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."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"68","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"Bart Staes, Sven Giegold on behalf of the Verts/ALE Group","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-69","location":[["Proposal for a regulation","Recital 5"]],"meps":[4751,96730],"meta":{"created":"2019-07-03T06:05:57"},"new":["deleted"],"old":["(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."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"69","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"Luke Ming Flanagan","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-70","location":[["Proposal for a regulation","Recital 5"]],"meps":[124985],"meta":{"created":"2019-07-03T06:05:57"},"new":["(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."],"old":["(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.",""],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"70","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Bart Staes, Sven Giegold on behalf of the Verts/ALE Group","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-71","location":[[" Proposal for a regulation","Recital 6"]],"meps":[4751,96730],"meta":{"created":"2019-07-03T06:05:57"},"new":["deleted"],"old":["(6) Judicial bodies should act","independently and impartially and","investigation and prosecution services","should be able to properly execute their","function. They should be endowed with","sufficient resources and procedures to act","effectively and in full respect of the right","to a fair trial. These conditions are","required as a minimum guarantee against","unlawful and arbitrary decisions by public","authorities that could harm the financial","interests of the Union."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"71","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Bart Staes, Sven Giegold on behalf of the Verts/ALE Group","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-72","location":[[" Proposal for a regulation","Recital 7"]],"meps":[4751,96730],"meta":{"created":"2019-07-03T06:05:57"},"new":["deleted"],"old":["(7) The independence of the judiciary","presupposes, in particular, that the body","concerned is able to exercise its judicial","functions wholly autonomously, without","being subject to any hierarchical","constraint or subordinated to any other","body, and without taking orders or","instructions from any source whatsoever,","","and that it is thus protected against","external interventions or pressure liable to","impair the independent judgment of its","members and to influence their decisions.","The guarantees of independence and","impartiality require rules, particularly as","regards the composition of the body and","the appointment, length of service and the","grounds for rejection and dismissal of its","members, in order to dismiss any","reasonable doubt in the minds of","individuals as to the imperviousness of","that body to external factors and its","neutrality with respect to the interests","before it."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"72","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"Dennis de Jong","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-73","location":[["Proposal for a regulation","Recital 7"]],"meps":[96748],"meta":{"created":"2019-07-03T06:05:57"},"new":["(7) The independence of the judiciary","presupposes, in particular, that the body","concerned is able to exercise its judicial","functions wholly autonomously, without","being subject to any hierarchical constraint","or subordinated to any other body, and","without taking orders or instructions from","any source whatsoever, and that it is thus","protected against external interventions or","pressure liable to impair the independent","judgment of its members and to influence","their decisions. The guarantees of","independence and impartiality require","rules, particularly as regards the","composition of the body and the","appointment, length of service and the","grounds for abstention, rejection and","dismissal of its members, in order to","dismiss any reasonable doubt in the minds","of individuals as to the imperviousness of","that body to external factors and its","neutrality with respect to the interests","before it."],"old":["(7) The independence of the judiciary","presupposes, in particular, that the body","concerned is able to exercise its judicial","functions wholly autonomously, without","being subject to any hierarchical constraint","or subordinated to any other body, and","without taking orders or instructions from","any source whatsoever, and that it is thus","protected against external interventions or","pressure liable to impair the independent","judgment of its members and to influence","their decisions. The guarantees of","independence and impartiality require","rules, particularly as regards the","composition of the body and the","appointment, length of service and the","grounds for rejection and dismissal of its","members, in order to dismiss any","reasonable doubt in the minds of","individuals as to the imperviousness of that","body to external factors and its neutrality","","with respect to the interests before it."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"73","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" R\u0103zvan Popa","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-74","location":[[" Proposal for a regulation","Recital 7 a (new)"]],"meps":[189490],"meta":{"created":"2019-07-03T06:05:58"},"new":["(7a) Respect for the rule of law is","indispensable for the protection of all the","fundamental values listed in Article 2","TEU. It is also an essential condition for","the observance of all rights and","obligations deriving from the Treaties and","international law; respect for the rule of","law is a prerequisite for EU membership."],"orig_lang":"ro","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"74","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Benedek J\u00e1vor","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-75","location":[[" Proposal for a regulation","Recital 7 a (new)"]],"meps":[124721],"meta":{"created":"2019-07-03T06:05:58"},"new":["(7a) The independence of the","prosecution and the judiciary comprises","both the formal (de jure) and actual (de","facto) independence of the prosecution","and the judiciary and the individual","prosecutors and judges."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"75","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Bart Staes, Sven Giegold","changes":{},"committee":["BUDG","CONT"],"compromise":["on behalf of the Verts/ALE Group"],"date":"2018-11-09T00:00:00","id":"PE630.466-76","location":[["Proposal for a regulation","Recital 8"]],"meps":[4751,96730],"meta":{"created":"2019-07-03T06:05:58"},"new":["deleted"],"old":["(8) Respect for the rule of law is not","only important for citizens of the Union,","but also for business initiatives,","innovation, investment and the proper","functioning of the internal market, which","will flourish most where a solid legal and","institutional framework is in place."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"76","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"Laura Agea, Laura Ferrara, Rosa D'Amato, Ignazio Corrao, Fabio Massimo Castaldo","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-77","location":[["Proposal for a regulation","Recital 8"]],"meps":[124811,124833,124835,124856,124812],"meta":{"created":"2019-07-03T06:05:58"},"new":["(8) Respect for these common","constitutional principles is not only","important for citizens of the Union, but","also for business initiatives, innovation,","investment and the proper functioning of","the internal market, which will flourish","most where a solid legal and institutional","framework is in place."],"old":["(8) Respect for the rule of law is not","only important for citizens of the Union,","but also for business initiatives, innovation,","investment and the proper functioning of","the internal market, which will flourish","most where a solid legal and institutional","framework is in 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Article 19 TEU, which gives","concrete expression to the value of the","rule of law stated in Article 2 TEU,","requires the Member States to provide","effective judicial protection in the fields","covered by Union law, including those","relating to the implementation of the","Union\u2019s budget. The very existence of","effective judicial review designed to","ensure compliance with Union law is the","essence of the rule of law and requires","independent courts13 . Maintaining the","independence of the courts is essential, as","confirmed by the second subparagraph of","Article 47 of the Charter of Fundamental","Rights of the European Union14 . 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(new)"]],"meps":[96991],"meta":{"created":"2019-07-03T06:05:59"},"new":["(11d) Member States should fully apply","the principle of sincere cooperation in","matters of tax competition."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"91","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Eider Gardiazabal Rubial","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-92","location":[[" Proposal for a regulation","Recital 11 e (new)"]],"meps":[96991],"meta":{"created":"2019-07-03T06:05:59"},"new":["(11e) The Commission as guardian of","the Treaties should ensure that EU law","and the principle of sincere cooperation","between Member States are fully complied","with."],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"92","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Eider Gardiazabal 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Exist\u0103 deja constr\u00e2ngeri \u00een ceea ce prive\u0219te efectuarea pl\u0103tilor de catre COM\n referitoare la indeplinirea conditiilor prealabile.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 1 \u2013 point b \u2013 point 2"]],"meps":[189490],"meta":{"created":"2019-07-03T06:06:06"},"new":["deleted"],"old":["(2) a suspension of commitments;"],"orig_lang":"ro","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"173","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Laura Agea, Laura Ferrara, Rosa D'Amato, Ignazio Corrao, Fabio Massimo Castaldo","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-174","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 1 \u2013 point b \u2013 point 2"]],"meps":[124811,124833,124835,124856,124812],"meta":{"created":"2019-07-03T06:06:06"},"new":["deleted"],"old":["(2) a suspension of commitments;"],"orig_lang":"it","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"174","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Marian-Jean Marinescu","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-175","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 1 \u2013 point b \u2013 point 2"]],"meps":[33982],"meta":{"created":"2019-07-03T06:06:06"},"new":["(2) a suspension of commitments for","one program;"],"old":["(2) a suspension of commitments;"],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"175","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"R\u0103zvan Popa","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-176","justification":"Sanc\u021biunile propuse pentru programele cu gestiune partajat\u0103 sunt mult mai numeroase fa\u021b\u0103\nde perioada precedent\u0103 \u0219i vizeaz\u0103 \u0219i suspendarea procedurilor de aprobare \u0219i modificare a\nprogramelor, reducerea angajamentelor \u0219i a pre-finan\u021b\u0103rilor sau \u00eentreruperea termenelor de\nplat\u0103.Este necesar\u0103 eliminarea m\u0103surilor cu impact substan\u021bial \u00een derularea opera\u021biunilor\nfinan\u021bate din FESI pentru reducerea decalajelor de dezvoltare \u00eentre regiuni \u0219i \u00eentre Statele\nMembre, obiectiv ce nu poate fi indeplinit prin aplicarea m\u0103surilor aferente leg\u0103turii cu\nstatul de drept. Exist\u0103 deja constr\u00e2ngeri \u00een ceea ce prive\u0219te efectuarea pl\u0103tilor de catre COM\nreferitoare la indeplinirea conditiilor prealabile.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 1 \u2013 point b \u2013 point 3"]],"meps":[189490],"meta":{"created":"2019-07-03T06:06:06"},"new":["deleted"],"old":["(3) a reduction of commitments,","including through financial corrections","or transfers to other spending","programmes;"],"orig_lang":"ro","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"176","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"Marian-Jean Marinescu","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-177","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 1 \u2013 point b \u2013 point 3"]],"meps":[33982],"meta":{"created":"2019-07-03T06:06:06"},"new":["(3) a reduction of commitments for one","programme, including through financial","corrections or transfers to other spending","programmes from the same Member State;"],"old":["(3) a reduction of commitments,","","including through financial corrections or","transfers to other spending programmes;"],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"177","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Laura Agea, Laura Ferrara, Rosa D'Amato, Ignazio Corrao, Fabio Massimo Castaldo","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-178","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 1 \u2013 point b \u2013 point 3"]],"meps":[124811,124833,124835,124856,124812],"meta":{"created":"2019-07-03T06:06:06"},"new":["(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;"],"old":["(3) a reduction of commitments,","including through financial corrections or","transfers to other spending programmes;"],"orig_lang":"it","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"178","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" Ivana Maleti\u0107","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-179","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 1 \u2013 point b \u2013 point 4"]],"meps":[119436],"meta":{"created":"2019-07-03T06:06:06"},"new":["deleted"],"old":["(4) a reduction of pre-financing;"],"orig_lang":"en","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"179","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":" R\u0103zvan Popa","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-180","justification":"Sanc\u021biunile propuse pentru programele cu gestiune partajat\u0103 sunt mult mai numeroase fa\u021b\u0103\nde perioada precedent\u0103 \u0219i vizeaz\u0103 \u0219i suspendarea procedurilor de aprobare \u0219i modificare a\nprogramelor, reducerea angajamentelor \u0219i a pre-finan\u021b\u0103rilor sau \u00eentreruperea termenelor de\nplat\u0103.Este necesar\u0103 eliminarea m\u0103surilor cu impact substan\u021bial \u00een derularea opera\u021biunilor\nfinan\u021bate din FESI pentru reducerea decalajelor de dezvoltare \u00eentre regiuni \u0219i \u00eentre Statele\nMembre, obiectiv ce nu poate fi indeplinit prin aplicarea m\u0103surilor aferente leg\u0103turii cu\nstatul de drept. Exist\u0103 deja constr\u00e2ngeri \u00een ceea ce prive\u0219te efectuarea pl\u0103tilor de catre COM\nreferitoare la indeplinirea conditiilor prealabile.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 1 \u2013 point b \u2013 point 4"]],"meps":[189490],"meta":{"created":"2019-07-03T06:06:06"},"new":["deleted"],"old":["(4) a reduction of pre-financing;"],"orig_lang":"ro","peid":"PE630.466v01-00","reference":"2018/0136(COD)","seq":"180","src":"http://www.europarl.europa.eu/doceo/document/CJ13-AM-630466_EN.pdf"},{"authors":"Marian-Jean Marinescu","changes":{},"committee":["BUDG","CONT"],"date":"2018-11-09T00:00:00","id":"PE630.466-181","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 1 \u2013 point b \u2013 point 4"]],"meps":[33982],"meta":{"created":"2019-07-03T06:06:06"},"new":["(4) a reduction of pre-financing for one","program;"],"old":["(4) a reduction of 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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."],"old":["(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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"16","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Ivana Maleti\u0107","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-17","location":[["Proposal for a regulation","Recital 12"]],"meps":[119436],"meta":{"created":"2019-07-03T06:42:04"},"new":["(12) The identification of a generalised","deficiency requires a qualitative","assessment by the Commission. 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The","assessment should be based on the","information from all available sources and","recognized institutions, including","judgments of the Court of Justice of the","European Union, reports of the Court of","Auditors, and conclusions and","recommendations of relevant international","organisations and networks, such as the","bodies of the Council of Europe and the","European networks of supreme courts and","councils for the judiciary."],"old":["(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, 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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"18","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Maria Gabriela Zoan\u0103","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-19","location":[[" Proposal for a regulation","Recital 12"]],"meps":[191377],"meta":{"created":"2019-07-03T06:42:04"},"new":["(12) The identification of a potential","generalised deficiency requires an","impartial, transparent, qualitative","assessment at the initiative of the","Commission, under the same conditions","applicable to all Member States. That","assessment should factor in all the","information from all available sources and","recognised institutions, including","judgments of the Court of Justice of the","European Union, which is the only","institution which can rule on fulfilment or","otherwise of the conditions set out in the","EU treaties, reports of the Court of","Auditors, and conclusions and","recommendations of relevant international","organisations and networks, such as the","bodies of the Council of Europe and the","European networks of supreme courts and","councils for the judiciary."],"old":["(12) The identification of a generalised","deficiency requires a qualitative","assessment by the Commission. 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That","assessment should factor in all the","information from all available sources and","recognised institutions, including","judgments of the Court of Justice of the","European Union, which is the only","institution that can rule on fulfilment or","otherwise of the conditions set out in the","EU treaties, reports of the Court of","Auditors, and conclusions and","recommendations of relevant international","organisations and networks, such as the","bodies of the Council of Europe and the","European networks of supreme courts and","councils for the judiciary."],"old":["(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, 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."],"orig_lang":"ro","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"20","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Ivana Maleti\u0107","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-21","location":[["Proposal for a regulation","Recital 13"]],"meps":[119436],"meta":{"created":"2019-07-03T06:42:05"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"21","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Victor Bo\u015ftinaru, Maria Gabriela Zoan\u0103","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-22","location":[[" Proposal for a regulation","Recital 13"]],"meps":[39711,191377],"meta":{"created":"2019-07-03T06:42:05"},"new":["(13) The possible measures to be","adopted in the event of generalised","deficiencies and the procedure to be","followed to adopt them should be clear,","and should ensure equal criteria and","equal treatment among all Member","States. 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."],"old":["(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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"22","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Terry Reintke","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-23","location":[[" Proposal for a regulation","Recital 13"]],"meps":[103381],"meta":{"created":"2019-07-03T06:42:05"},"new":["(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. 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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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"23","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Ivana Maleti\u0107","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-24","location":[["Proposal for a regulation","Recital 14"]],"meps":[119436],"meta":{"created":"2019-07-03T06:42:05"},"new":["(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."],"old":["(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.",""],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"24","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Aleksander Gabelic","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-25","location":[[" Proposal for a regulation","Recital 14 a (new)"]],"meps":[192465],"meta":{"created":"2019-07-03T06:42:05"},"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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"25","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Aleksander Gabelic","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-26","location":[[" Proposal for a regulation","Recital 14 b (new)"]],"meps":[192465],"meta":{"created":"2019-07-03T06:42:05"},"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."],"old":[""],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"26","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Ivana Maleti\u0107","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-27","location":[["Proposal for a regulation","Recital 15"]],"meps":[119436],"meta":{"created":"2019-07-03T06:42:05"},"new":["(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."],"old":["(15) In order to ensure uniform","implementation of this Regulation and in","view of the importance of the financial","effects of measures being imposed","pursuant to this Regulation, implementing","powers should be conferred on the Council","which should act on the basis of a","Commission proposal. To facilitate the","adoption of decisions which are required","to protect the financial interests of the","Union, reversed qualified majority voting","should be used."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"27","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Victor Bo\u015ftinaru, Maria Gabriela Zoan\u0103","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-28","location":[["Proposal for a regulation","Recital 15"]],"meps":[39711,191377],"meta":{"created":"2019-07-03T06:42:05"},"new":["(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 and after the","approval of the proposal by the European","Parliament."],"old":["(15) In order to ensure uniform","implementation of this Regulation and in","view of the importance of the financial","effects of measures being imposed","pursuant to this Regulation, implementing","powers should be conferred on the Council","which should act on the basis of a","","Commission proposal. To facilitate the","adoption of decisions which are required","to protect the financial interests of the","Union, reversed qualified majority voting","should be used."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"28","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Tam\u00e1s Deutsch","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-29","location":[[" Proposal for a regulation","Recital 15"]],"meps":[96826],"meta":{"created":"2019-07-03T06:42:05"},"new":["(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. 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The","Member State must be allowed to submit","its observations. The Commission,","Parliament and the Council should take","those observations into account."],"old":["(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 and the Council should take","those observations into account."],"orig_lang":"ro","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"30","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Norica Nicolai","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-31","location":[["Proposal for a regulation","Recital 16"]],"meps":[96825],"meta":{"created":"2019-07-03T06:42:05"},"new":["(16) Before any measure pursuant to","this Regulation is proposed for adoption,","the European Court of Justice should","have ruled on the situation regarding","breach of the rule of law. However, the","Commission must 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 must be allowed to submit","its observations. 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The","Commission and the Council should take","those observations into account."],"orig_lang":"ro","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"31","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Aleksander Gabelic","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-32","location":[["Proposal for a regulation","Recital 16"]],"meps":[192465],"meta":{"created":"2019-07-03T06:42:05"},"new":["(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 contents. The Member","State concerned should be allowed to","submit its observations. 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The","Commission and the Council should take","those observations into account."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"32","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Victor Bo\u015ftinaru","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-33","location":[[" Proposal for a regulation","Recital 16"]],"meps":[39711],"meta":{"created":"2019-07-03T06:42:05"},"new":["(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. 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When assessing whether the","conditions of Article 3 are fulfilled, the","Commission may take into account all","relevant information, including decisions","of the Court of Justice of the European","Union, resolutions of the European","Parliament, reports of the Court of","Auditors, and conclusions and","recommendations of relevant international","organisations, non-governmental","organisations and networks, such as the","bodies of the Council of Europe and the","European networks of supreme courts","and councils for the judiciary. The","Commission shall also take into account","the criteria used in the context of EU","accession negotiations, in particular the","chapters on judiciary and fundamental","rights (23), justice, freedom and security","(24), financial control (32) and taxation","(16), as well as the guidelines used in the","context of the Cooperation and","Verification Mechanism to track the","progress of a Member State."],"old":["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, and conclusions and","recommendations of relevant international","organisations.","",""],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"97","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Tam\u00e1s Deutsch","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-98","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 2"]],"meps":[96826],"meta":{"created":"2019-07-03T06:42:10"},"new":["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."],"old":["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, and conclusions and","recommendations of relevant international","organisations."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"98","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Ivana Maleti\u0107","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-99","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 2"]],"meps":[119436],"meta":{"created":"2019-07-03T06:42:10"},"new":["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, conclusions and","recommendations of relevant international","organisations and expert opinions of the","relevant European Union Agencies."],"old":["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, and conclusions and","recommendations of relevant international","organisations."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"99","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Norica Nicolai","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-100","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 2"]],"meps":[96825],"meta":{"created":"2019-07-03T06:42:10"},"new":["2. The Commission shall take into","account all relevant proved information,","including from governmental entities,","decisions of the Court of Justice of the","European Union, reports of the Court of","Auditors, and conclusions and","recommendations of relevant international","organisations."],"old":["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, and conclusions and","recommendations of relevant international","organisations."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"100","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Victor Bo\u015ftinaru","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-101","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 2"]],"meps":[39711],"meta":{"created":"2019-07-03T06:42:10"},"new":["2. The independent panel of experts","may take into account all relevant","information, including decisions of the","Court of Justice of the European Union,","reports of the Court of Auditors, and","conclusions and recommendations of","relevant international organisations."],"old":["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, and conclusions and","recommendations of relevant international","organisations."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"101","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Maria Gabriela Zoan\u0103","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-102","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 3"]],"meps":[191377],"meta":{"created":"2019-07-03T06:42:10"},"new":["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."],"old":["3. The Commission may request any","additional information required for its","assessment, both before and after having","made a finding pursuant to paragraph 1."],"orig_lang":"ro","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"102","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Norica Nicolai","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-103","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 3"]],"meps":[96825],"meta":{"created":"2019-07-03T06:42:10"},"new":["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."],"old":["3. The Commission may request any","additional information required for its","assessment, both before and after having","made a finding pursuant to paragraph 1."],"orig_lang":"ro","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"103","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Victor Bo\u015ftinaru","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-104","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 3"]],"meps":[39711],"meta":{"created":"2019-07-03T06:42:10"},"new":["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."],"old":["3. The Commission may request any","additional information required for its","assessment, both before and after having","made a finding pursuant to paragraph 1."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"104","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Norica Nicolai","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-105","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 4"]],"meps":[96825],"meta":{"created":"2019-07-03T06:42:10"},"new":["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."],"old":["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 from the date of","notification of the finding. In its","observations, the Member State may","propose the adoption of remedial measures."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"105","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Victor Bo\u015ftinaru","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-106","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 5"]],"meps":[39711],"meta":{"created":"2019-07-03T06:42:10"},"new":["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."],"old":["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 the appropriate","measures."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"106","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Aleksander Gabelic","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-107","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 5 a (new)"]],"meps":[192465],"meta":{"created":"2019-07-03T06:42:11"},"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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"107","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Ivana Maleti\u0107","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-108","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 6"]],"meps":[119436],"meta":{"created":"2019-07-03T06:42:11"},"new":["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 European Parliament for","opinion and to the Council for decision.","After taking into account the European","Parliament\u2019s opinion, 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 Council, acting by a qualified","majority, may amend the Commission\u2019s","proposal and adopt the amended text as a","Council decision."],"old":["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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"108","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Victor Bo\u015ftinaru, Maria Gabriela Zoan\u0103","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-109","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 6"]],"meps":[39711,191377],"meta":{"created":"2019-07-03T06:42:11"},"new":["6. Where the Commission considers","that the generalised deficiency as regards","the rule of law is established, it shall","submit a proposal on the appropriate","measures to the European Parliament. If","the European Parliament, acting by","majority of the votes cast, gives its consent","to the proposal, the Commission shall","submit a proposal for an implementing","act to the Council."],"old":["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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"109","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Aleksander Gabelic","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-110","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 6"]],"meps":[192465],"meta":{"created":"2019-07-03T06:42:11"},"new":["6. Where the Commission considers","that the generalised deficiency as regards","the rule of law is established, it adopt a","decision for an implementing act on the","appropriate measures by means of an","implementing act."],"old":["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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"110","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Norica Nicolai","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-111","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 6"]],"meps":[96825],"meta":{"created":"2019-07-03T06:42:11"},"new":["6. Where the Commission considers","that the generalised deficiency as regards","the rule of law is established, it shall","submit a proposal for a delegated act on","the appropriate measures to the Council."],"old":["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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"111","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Aleksander Gabelic","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-112","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 6 a (new)"]],"meps":[192465],"meta":{"created":"2019-07-03T06:42:11"},"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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"112","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Aleksander Gabelic","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-113","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 6 b (new)"]],"meps":[192465],"meta":{"created":"2019-07-03T06:42:11"},"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."],"old":[""],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"113","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Aleksander Gabelic","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-114","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 6 c (new)"]],"meps":[192465],"meta":{"created":"2019-07-03T06:42:11"},"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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"114","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Ivana Maleti\u0107","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-115","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 7"]],"meps":[119436],"meta":{"created":"2019-07-03T06:42:11"},"new":["7. Where the Commission considers","that the generalised deficiency as regards","the rule of law as defined in Article 3(1) is","established, it shall submit a proposal for","a decision on the appropriate measures to","the European Parliament and to the","Council for opinion. Taking into account","the European Parliament and Council","opinions, the Commission shall take a","decision on the appropriate measures, or","a decision not to enforce the rule-of-law","conditionality."],"old":["7. 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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"115","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Norica Nicolai","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-116","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 7"]],"meps":[96825],"meta":{"created":"2019-07-03T06:42:11"},"new":["7. The decision shall be deemed to","have been adopted by the Council and the","Parliament according to the rules","on delegated acts. The Council may","decide, by qualified majority, to reject the","Commission proposal within one month of","its adoption by the Commission. The","European Parliament may also decide to","reject the Commission proposal."],"old":["7. 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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"116","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Victor Bo\u015ftinaru, Maria Gabriela Zoan\u0103","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-117","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 7"]],"meps":[39711,191377],"meta":{"created":"2019-07-03T06:42:11"},"new":["7. The decision shall be adopted by","the Council, by qualified majority, within","one month of its transmission by the","Commission, or it shall be deemed to have","been rejected."],"old":["7. 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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"117","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Tam\u00e1s Deutsch","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-118","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 7"]],"meps":[96826],"meta":{"created":"2019-07-03T06:42:11"},"new":["7. The decision shall be adopted by","the Council by unanimity, without the","participation of the Member State","concerned."],"old":["7. 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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"118","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Victor Bo\u015ftinaru, Maria Gabriela Zoan\u0103","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-119","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 8"]],"meps":[39711,191377],"meta":{"created":"2019-07-03T06:42:11"},"new":["deleted"],"old":["8. The Council, acting by a qualified","majority, may amend the Commission\u2019s","proposal and adopt the amended text as a","Council decision."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"119","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Aleksander Gabelic","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-120","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 8"]],"meps":[192465],"meta":{"created":"2019-07-03T06:42:11"},"new":["deleted"],"old":["8. The Council, acting by a qualified","majority, may amend the Commission\u2019s","proposal and adopt the amended text as a","Council decision."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"120","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Tam\u00e1s Deutsch","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-121","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 8"]],"meps":[96826],"meta":{"created":"2019-07-03T06:42:11"},"new":["8. The Council, acting by unanimity","with the non-participation of the","Member State concerned, may amend the","Commission\u2019s proposal and adopt the","amended text as a Council decision."],"old":["8. The Council, acting by a qualified","majority, may amend the Commission\u2019s","proposal and adopt the amended text as a","Council decision."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"121","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Aleksander Gabelic","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-122","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 8 a (new)"]],"meps":[192465],"meta":{"created":"2019-07-03T06:42:11"},"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."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"122","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Victor Bo\u015ftinaru, Maria Gabriela Zoan\u0103","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-123","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 2"]],"meps":[39711,191377],"meta":{"created":"2019-07-03T06:42:12"},"new":["2. The Commission and the","independent panel of experts shall assess","within one month the situation in the","Member State concerned. If the","generalised deficiencies as regards the rule","of law on the grounds of which the","appropriate measures were adopted cease","to exist in full or in part, the Commission","shall submit to the Council a proposal for a","decision lifting those measures in full or in","part. The procedure set out in paragraphs 2,","4 and 5 of Article 5 shall apply. 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."],"old":["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 submit to the","Council a proposal for a decision lifting","those measures in full or in part. The","procedure set out in paragraphs 2, 4, 5, 6","and 7 of Article 5 shall apply."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"123","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Aleksander Gabelic","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-124","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 2"]],"meps":[192465],"meta":{"created":"2019-07-03T06:42:12"},"new":["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, without delay, adopt a","decision lifting those measures in full or in","part. At the same time as it adopts its","decision, the Commission shall","simultaneously submit to the European","Parliament and to the Council a proposal","to lift in full or in part the budgetary","reserve referred to in Article 5(6a).The","procedure set out in paragraphs 2, 4, 5, 6,","6b and 6c of Article 5 shall apply."],"old":["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 submit to the","Council a proposal for a decision lifting","those measures in full or in part. The","procedure set out in paragraphs 2, 4, 5, 6","and 7 of Article 5 shall apply.",""],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"124","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Ivana Maleti\u0107","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-125","location":[[" Proposal for a regulation","Article 6 \u2013 paragraph 3"]],"meps":[119436],"meta":{"created":"2019-07-03T06:42:12"},"new":["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)."],"old":["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). Suspended commitments of","year n may not be entered in the budget","beyond year n+2."],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"125","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":" Victor Bo\u015ftinaru, Maria Gabriela Zoan\u0103","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-126","location":[[" Proposal for a regulation","Article 7"]],"meps":[39711,191377],"meta":{"created":"2019-07-03T06:42:12"},"new":["Article 7 deleted"],"old":["Information of the European Parliament","","","The Commission shall immediately","inform the European Parliament of any","measures proposed or adopted pursuant to","Articles 4 and 5"],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"126","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Aleksander Gabelic","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-127","location":[["Proposal for a regulation","Article 7 \u2013 paragraph 1"]],"meps":[192465],"meta":{"created":"2019-07-03T06:42:12"},"new":["The European Parliament may invite the","Commission for a structured dialogue on","the measures proposed or adopted, having","regard to Articles 4, 5 and 6, including on","the issue of the protection of final","beneficiaries."],"old":["The Commission shall immediately","inform the European Parliament of any","measures proposed or adopted pursuant to","Articles 4 and 5"],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"127","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Ivana Maleti\u0107","changes":{},"committee":["REGI"],"date":"2018-10-19T00:00:00","id":"PE629.516-128","location":[["Proposal for a regulation","Article 7 \u2013 paragraph 1"]],"meps":[119436],"meta":{"created":"2019-07-03T06:42:12"},"new":["The Commission shall immediately inform","the European Parliament and the","Council of any measures proposed or","adopted pursuant to Articles 4 and 5."],"old":["The Commission shall immediately inform","the European Parliament of any measures","proposed or adopted pursuant to Articles 4","and 5"],"orig_lang":"en","peid":"PE629.516v01-00","reference":"2018/0136(COD)","seq":"128","src":"http://www.europarl.europa.eu/doceo/document/REGI-AM-629516_EN.pdf"},{"authors":"Auke Zijlstra, Nicolas Bay, Gilles Lebreton, Giancarlo Scott\u00e0","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-27","justification":"This report should be rejected as it does not offer a solution to the fundamental problem of\nhow to assess the situation after the implementation of Article 7.","location":[["Proposal for a regulation","\u2013"]],"meps":[103246,124760,124738,96996],"meta":{"created":"2019-07-03T06:55:10"},"new":["The Committee on Civil Liberties, Justice","and Home Affairs calls on the","Committees on Budgets and on Budgetary","Control, as the committees responsible, to","propose a rejection of the Commission","proposal."],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"27","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":"Marek Jurek","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-28","justification":"Pursuant to the principle of the rule of law, violations of the law cannot be attributed to an\nentity against whom no violation of the law has been found in legal proceedings. The\nallegation does not constitute guilt. Democracy must protect freedom of opinion as well as\noppose itself to the imposition of opinions, and this is the case when the authority implements\n\n policies for which it has no legal mandate. The budgetary exclusion of states that are in\n minority is an idea that is not taking legalism into account. For the good of the European\n Union, the Commission's proposal should be rejected.","location":[["Proposal for a regulation","\u2013"]],"meps":[124892],"meta":{"created":"2019-07-03T06:55:10"},"new":["The Committee on Civil Liberties, Justice","and Home Affairs calls on the","Committees on Budgets and on Budgetary","Control, as the committees responsible, to","propose a rejection of the Commission","proposal."],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"28","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":" Giancarlo Scott\u00e0","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-29","location":[[" Proposal for a regulation","Title 1"]],"meps":[96996],"meta":{"created":"2019-07-03T06:55:10"},"new":["Proposal for a","REGULATION OF THE EUROPEAN","PARLIAMENT AND OF THE COUNCIL","on the protection of the Union's budget in","case of occurred determination of the","existence of a serious and persistent","breach of the rule of law by a Member","State"],"old":["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"],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"29","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":" Sophia in 't Veld","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-30","location":[[" Proposal for a regulation","Title 1"]],"meps":[28266],"meta":{"created":"2019-07-03T06:55:10"},"new":["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","democracy, the rule of law and","fundamental rights in the Member States"],"old":["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"],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"30","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":"Barbara Spinelli","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-31","location":[["Proposal for a regulation","Title 1"]],"meps":[124810],"meta":{"created":"2019-07-03T06:55:10"},"new":["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, human rights and","democracy in the Member States"],"old":["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"],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"31","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":"Barbara Spinelli","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-32","location":[["Proposal for a regulation","Citation 2 a (new)"]],"meps":[124810],"meta":{"created":"2019-07-03T06:55:10"},"new":["Having regard to the Charter of","Fundamental Rights of the European","Union,"],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"32","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":"Barbara Spinelli","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-33","location":[["Proposal for a regulation","Citation 2 b (new)"]],"meps":[124810],"meta":{"created":"2019-07-03T06:55:10"},"new":["Having regard to the European","Convention on Human Rights and to the","European Social Charter, the Additional","Protocol thereto and the revised version","thereof,"],"old":[""],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"33","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":" C\u00e9cile Kashetu Kyenge","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-34","location":[[" Proposal for a regulation","Recital 1"]],"meps":[124801],"meta":{"created":"2019-07-03T06:55:10"},"new":["(1) The rule of law, democracy and","fundamental rights are in a triangular","relationship, reinforcing each other and","together safeguarding the constitutional","core of the Union and its Member States.","As recalled by Article 2 of the Treaty on","European Union, these values are common","to the Member States."],"old":["(1) 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."],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"34","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":" Barbara Spinelli","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-35","location":[[" Proposal for a regulation","Recital 1"]],"meps":[124810],"meta":{"created":"2019-07-03T06:55:10"},"new":["(1) The Union is founded on the values","of respect for human dignity, freedom,","democracy, equality, the rule of law and","respect for human rights, including the","rights of persons belonging to minorities.","As recalled by Article 2 of the Treaty on","European Union, these values are common","to the Member States."],"old":["(1) 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."],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"35","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":"Sophia in 't Veld","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-36","location":[["Proposal for a regulation","Recital 1"]],"meps":[28266],"meta":{"created":"2019-07-03T06:55:10"},"new":["(1) Democracy, the rule of law and","fundamental rights are 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."],"old":["(1) 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."],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"36","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":"Barbara Spinelli","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-37","location":[["Proposal for a regulation","Recital 1 a (new)"]],"meps":[124810],"meta":{"created":"2019-07-03T06:55:10"},"new":["(1 a) Respect for the rule of law entails","the full observance and promotion of its","core elements, namely legality, including","a transparent, accountable and","democratic process for enacting law; legal","certainty; prohibition of arbitrariness;","access to justice before independent and","impartial courts, including judicial review","of administrative acts; respect for human","rights; and non-discrimination and","equality before the law."],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"37","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":"C\u00e9cile Kashetu Kyenge","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-38","location":[["Proposal for a regulation","Recital 1 a (new)"]],"meps":[124801],"meta":{"created":"2019-07-03T06:55:11"},"new":["(1 a) The Union is founded on the","values of respect for human dignity,","freedom, democracy, equality, the rule of","law and respect for human rights,","including the rights of persons belonging","to minority, and these values are common","to the Member States in a society in which","pluralism, non-discrimination, tolerance,","justice, solidarity and equality between","women and men prevail."],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"38","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":" Micha\u0142 Boni","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-39","location":[[" Proposal for a regulation","Recital 1 a (new)"]],"meps":[124896],"meta":{"created":"2019-07-03T06:55:11"},"new":["(1 a) Member States should uphold and","cultivate the value of the rule of law and","set an example by moving towards a","shared culture of the rule of law, which is","an essential condition for the legitimacy","of the European project as a whole and","the basic condition for building citizens'","trust in the Union."],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"39","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":" Auke Zijlstra, Nicolas Bay, Gilles Lebreton, Giancarlo Scott\u00e0","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-40","location":[[" Proposal for a regulation","Recital 1 a (new)"]],"meps":[103246,124760,124738,96996],"meta":{"created":"2019-07-03T06:55:11"},"new":["(1 a) The Commission\u00b4s interference in","the Member States\u00b4 internal affairs is","misleadingly presented as protecting the","Union\u00b4s financial interests."],"old":[""],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"40","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":"Maria Grapini","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-41","location":[["Proposal for a regulation","Recital 2"]],"meps":[124785],"meta":{"created":"2019-07-03T06:55:11"},"new":["(2) The rule of law requires that all","public powers act within the constraints set","out by law, in accordance with the","Constitution of every Member State, the","values of democracy and fundamental","rights, and under the control of","independent and impartial courts. 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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,","ECLI:EU:C:2010:811, paragraph 58.","11","Judgment of the Court of Justice of 27","February 2018, Associa\u00e7\u00e3o Sindical dos","Ju\u00edzes Portugueses v Tribunal de Contas C-","64/16, ECLI:EU:C:2018:117, paragraphs","31, 40-41.","12","Communication from the Commission","\"A new EU Framework to strengthen the","Rule of Law\", COM(2014) 158 final,","Annex I."],"old":["(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 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","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,","ECLI:EU:C:2010:811, paragraph 58.","11","Judgment of the Court of Justice of 27","February 2018, Associa\u00e7\u00e3o Sindical dos","Ju\u00edzes Portugueses v Tribunal de Contas C-","64/16, ECLI:EU:C:2018:117, paragraphs","31, 40-41.","12","Communication from the Commission","\"A new EU Framework to strengthen the","Rule of Law\", COM(2014) 158 final,","Annex I."],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"41","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":" Barbara Spinelli","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-42","location":[[" Proposal for a regulation","Recital 2"]],"meps":[124810],"meta":{"created":"2019-07-03T06:55:11"},"new":["(2) The rule of law requires that all","public powers act within the constraints set","out by law, in accordance with the","principles of democracy and respect for","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 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,","ECLI:EU:C:2010:811, paragraph 58.","11","Judgment of the Court of Justice of 27","February 2018, Associa\u00e7\u00e3o Sindical dos","Ju\u00edzes Portugueses v Tribunal de Contas C-","64/16, ECLI:EU:C:2018:117, paragraphs","31, 40-41.","12","Communication from the Commission","\"A new EU Framework to strengthen the","Rule of Law\", COM(2014) 158 final,","Annex I."],"old":["(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 and","impartial courts. 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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."],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"152","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":" Barbara Spinelli","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-153","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 6 a (new)"]],"meps":[124810],"meta":{"created":"2019-07-03T06:55:18"},"new":["6 a. Before submitting the proposal for","an implementing act pursuant to article","5(6), the Commission shall carry out a","detailed assessment regarding the","potential impacts that these measures","might have on the final beneficiaries and","how to ensure that their rights and","legitimate interests will be properly","safeguarded. The Commission shall also","assess the possible budgetary implications","of a reduction in the Union funding for","the national budget of the Member States","concerned with due regard to the","principles of proportionality and non-","discrimination."],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"153","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":"Emil Radev","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-154","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 6 a (new)"]],"meps":[124850],"meta":{"created":"2019-07-03T06:55:18"},"new":["6 a. After receiving the proposal for a","Council decision from the European","Commission, the Council shall conduct a","dialogue or a series of dialogues with the","Member State and shall carefully review","the assessment of the effect and","proportionality of the proposed financial","sanction."],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"154","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":"Giancarlo Scott\u00e0","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-155","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 7"]],"meps":[96996],"meta":{"created":"2019-07-03T06:55:18"},"new":["deleted"],"old":["7. 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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."],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"157","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":"Emil Radev","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-158","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 8"]],"meps":[124850],"meta":{"created":"2019-07-03T06:55:19"},"new":["deleted"],"old":["8. 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The Council, acting by a qualified","majority, may amend the Commission\u2019s","proposal and adopt the amended text as a","Council decision.",""],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"160","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":" Giancarlo Scott\u00e0","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-161","location":[[" Proposal for a regulation","Article 6 \u2013 title"]],"meps":[96996],"meta":{"created":"2019-07-03T06:55:19"},"new":["Varying or lifting of measures"],"old":["Lifting of measures"],"orig_lang":"en","peid":"PE630.540v01-00","reference":"2018/0136(COD)","seq":"161","src":"http://www.europarl.europa.eu/doceo/document/LIBE-AM-630540_EN.pdf"},{"authors":" Giancarlo Scott\u00e0","changes":{},"committee":["LIBE"],"date":"2018-11-15T00:00:00","id":"PE630.540-162","location":[[" Proposal for a regulation","Article 6 \u2013 paragraph 1"]],"meps":[96996],"meta":{"created":"2019-07-03T06:55:19"},"new":["1. 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The","Commission and the Council should take","those observations into account."],"orig_lang":"en","peid":"PE628.677v01-00","reference":"2018/0136(COD)","seq":"55","src":"http://www.europarl.europa.eu/doceo/document/AFCO-AM-628677_EN.pdf"},{"authors":"Sven Giegold on behalf of the Verts/ALE Group","changes":{},"committee":["AFCO"],"date":"2018-10-11T00:00:00","id":"PE628.677-56","location":[["Proposal for a regulation","Recital 16"]],"meps":[96730],"meta":{"created":"2019-07-03T07:00:12"},"new":["(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","Unions values might exist in that Member","State. The Member State should be allowed","to submit its observations. 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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."],"old":[""],"orig_lang":"en","peid":"PE628.677v01-00","reference":"2018/0136(COD)","seq":"81","src":"http://www.europarl.europa.eu/doceo/document/AFCO-AM-628677_EN.pdf"},{"authors":"Sven Giegold on behalf of the Verts/ALE Group","changes":{},"committee":["AFCO"],"date":"2018-10-11T00:00:00","id":"PE628.677-82","location":[["Proposal for a regulation","Article 4 \u2013 paragraph -1 (new)"]],"meps":[96730],"meta":{"created":"2019-07-03T07:00:14"},"new":["-1. 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In cases referred to in point (c) of","Article 3(1), one or more of the following","appropriate measures may be adopted"],"old":["1. One or more of the following","appropriate measures may be adopted"],"orig_lang":"en","peid":"PE628.677v01-00","reference":"2018/0136(COD)","seq":"84","src":"http://www.europarl.europa.eu/doceo/document/AFCO-AM-628677_EN.pdf"},{"authors":"Helmut Scholz","changes":{},"committee":["AFCO"],"date":"2018-10-11T00:00:00","id":"PE628.677-85","justification":" This amendment proposes an additional measure to protect the Union\u2019s budget.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 1 \u2013 point a \u2013 point 2 a (new)"]],"meps":[96646],"meta":{"created":"2019-07-03T07:00:14"},"new":["(2 a) where applicable, a suspension of","indirect management and implementation","in direct management in its stead;"],"orig_lang":"en","peid":"PE628.677v01-00","reference":"2018/0136(COD)","seq":"85","src":"http://www.europarl.europa.eu/doceo/document/AFCO-AM-628677_EN.pdf"},{"authors":" Sven Giegold on behalf of the Verts/ALE 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It shall apply from 1","January 2021."],"orig_lang":"en","peid":"PE628.677v01-00","reference":"2018/0136(COD)","seq":"121","src":"http://www.europarl.europa.eu/doceo/document/AFCO-AM-628677_EN.pdf"},{"authors":"Tam\u00e1s Deutsch","changes":{},"committee":["BUDG","CONT"],"date":"2020-11-19T00:00:00","id":"PE660.383-1","justification":"Any new mechanism that would penalize financially or otherwise alleged shortcomings in the\nrule of law, would clearly go beyond the Treaties.\nThe only instrument for the abstract protection of rule of law, as the value of the Union, is the\nprocedure under Article 7 TEU.\nTherefore, the so-called rule of law conditionality is a circumvention of the Treaties.","location":[["Council position","\u2013"]],"meps":[96826],"meta":{"created":"2021-03-17T23:26:22"},"new":["The European Parliament rejects the","Council position at first reading."],"orig_lang":"en","peid":"PE660.383v01-00","reference":"2018/0136(COD)","seq":"1","src":"https://www.europarl.europa.eu/doceo/document/CJ13-AM-660383_EN.pdf"}],"changes":{"2018-05-23T04:18:41":[{"data":[{"body":"EC","commission":[{"Commissioner":"OETTINGER G\u00fcnther","DG":{"title":"Secretariat-General","url":"http://ec.europa.eu/info/departments/secretariat-general_en"}}],"date":"2018-05-02T00:00:00","docs":[{"celexid":"CELEX:52018PC0324:EN","title":"COM(2018)0324","type":"Legislative proposal published","url":"http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0324/COM_COM(2018)0324_EN.pdf"}],"type":"Legislative proposal published"}],"path":["activities"],"type":"added"},{"data":[{"body":"EC","commissioner":"OETTINGER G\u00fcnther","dg":{"title":"Secretariat-General","url":"http://ec.europa.eu/info/departments/secretariat-general_en"}}],"path":["other"],"type":"added"},{"data":[{"body":"EP","committee":"AFCO","committee_full":"Constitutional Affairs","responsible":false},{"body":"EP","committee":"BUDG","committee_full":"Budgets","responsible":true},{"body":"EP","committee":"CONT","committee_full":"Budgetary Control","responsible":false},{"body":"EP","committee":"LIBE","committee_full":"Civil Liberties, Justice and Home Affairs","responsible":false}],"path":["committees"],"type":"added"},{"data":{},"path":["links"],"type":"added"},{"data":{"Mandatory consultation of other institutions":"European Court of Auditors","instrument":"Regulation","legal_basis":["Euratom Treaty A 106-pa","Treaty on the Functioning of the EU TFEU 322-p1"],"reference":"2018/0136(COD)","stage_reached":"Preparatory phase in Parliament","subject":["1.10 Fundamental rights in the EU, Charter","8.30 Treaties in general","8.70.02 Financial regulations","8.70.03 Budgetary control and discharge, implementation of the budget","8.70.04 Protecting financial interests of the EU against fraud"],"subtype":"Legislation","title":"Protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States","type":"COD - Ordinary legislative procedure (ex-codecision procedure)"},"path":["procedure"],"type":"added"}],"2018-09-12T15:27:01":[{"data":["
PURPOSE: to protect the Union's budget in case of\ngeneralised deficiencies as regards the rule of law in the Member\nStates.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: the rule of law is one of the essential\nvalues upon which the Union is founded. As recalled by Article\n2 of the Treaty on European Union, these values are common to the\nMember States. Respect for these values must therefore be ensured\nthroughout all Union policies. This includes the EU budget,\nwhere respect for fundamental values is an essential precondition\nfor sound financial management and effective EU funding.
\nThe Commission considers that the European\nUnion should be given the possibility to adopt the rules necessary\nfor the protection of the Unions budget in the case of\ngeneralised deficiencies as regards the rule of law in the Member\nStates.
\nThe proposal is based on the 2014 Commission Communication\n\"A new EU framework to strengthen the rule of law\", the February\n2018 Commission Communication\n\"A new and modern multiannual financial framework for a European\nUnion that implements its priorities efficiently beyond 2020\" and\nthe standards and principles developed by the Council of\nEurope.
\nCONTENT: this proposal for a Regulation\nestablishes the rules necessary for the protection of the\nUnions budget in the case of generalised deficiencies as\nregards the rule of law in the Member States.
\nMeasures: appropriate\nmeasures shall be taken where a generalised deficiency as regards\nthe rule of law in a Member State affects or risks affecting the\nprinciples of sound financial management or the protection of the\nfinancial interests of the Union such as: (i) the proper\nfunctioning of the authorities of that Member State implementing\nthe EU budget, in particular in the context of public procurement\nprocedures; (ii) the proper functioning of investigative services\nin the context of the fight against fraud and corruption;\n(iii) effective judicial control by independent courts of acts or\nomissions of the abovementioned authorities; (iv) jeopardised the\nindependence of the judiciary.
\nContent of\nmeasures: the\nproposal lists the type of measures that could be taken and\nspecifies that Member States receiving EU funds should receive\nthem. This concerns in particular the suspension of payments or\nthe implementation of the legal commitment or a prohibition on\nentering into new legal commitments where the Commission implements\nthe Union budget directly or indirectly.
\nProcedure: measures should be on the basis\non a Council decision following a proposal from the\nCommission. The decision shall be deemed to have been adopted\nby the Council, unless it decides, by qualified majority, to reject\nthe Commission proposal within one month of its adoption by the\nCommission. The European Parliament should also be fully involved\nat all stages.
\nProportionality: measures need to be adopted in\nfull respect of the principles of transparency and proportionality.\nIt is also important to ensure that the consequences of measures\nhave a sufficient connection with the aim of the funding. This also\npoints to the need to ensure that the consequences fall on those\nresponsible for identified shortcomings. It should therefore\nreflect the fact the individual beneficiaries of EU funding, such\nas Erasmus students, researchers or civil society organisations,\ncannot be considered responsible for such breaches.
\nPURPOSE: to protect the Union's budget in case of\ngeneralised deficiencies as regards the rule of law in the Member\nStates.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: the rule of law is one of the essential\nvalues upon which the Union is founded. As recalled by Article\n2 of the Treaty on European Union, these values are common to the\nMember States. Respect for these values must therefore be ensured\nthroughout all Union policies. This includes the EU budget,\nwhere respect for fundamental values is an essential precondition\nfor sound financial management and effective EU funding.
\nThe Commission considers that the European\nUnion should be given the possibility to adopt the rules necessary\nfor the protection of the Unions budget in the case of\ngeneralised deficiencies as regards the rule of law in the Member\nStates.
\nThe proposal is based on the 2014 Commission Communication\n\"A new EU framework to strengthen the rule of law\", the February\n2018 Commission Communication\n\"A new and modern multiannual financial framework for a European\nUnion that implements its priorities efficiently beyond 2020\" and\nthe standards and principles developed by the Council of\nEurope.
\nCONTENT: this proposal for a Regulation\nestablishes the rules necessary for the protection of the\nUnions budget in the case of generalised deficiencies as\nregards the rule of law in the Member States.
\nMeasures: appropriate\nmeasures shall be taken where a generalised deficiency as regards\nthe rule of law in a Member State affects or risks affecting the\nprinciples of sound financial management or the protection of the\nfinancial interests of the Union such as: (i) the proper\nfunctioning of the authorities of that Member State implementing\nthe EU budget, in particular in the context of public procurement\nprocedures; (ii) the proper functioning of investigative services\nin the context of the fight against fraud and corruption;\n(iii) effective judicial control by independent courts of acts or\nomissions of the abovementioned authorities; (iv) jeopardised the\nindependence of the judiciary.
\nContent of\nmeasures: the\nproposal lists the type of measures that could be taken and\nspecifies that Member States receiving EU funds should receive\nthem. This concerns in particular the suspension of payments or\nthe implementation of the legal commitment or a prohibition on\nentering into new legal commitments where the Commission implements\nthe Union budget directly or indirectly.
\nProcedure: measures should be on the basis\non a Council decision following a proposal from the\nCommission. The decision shall be deemed to have been adopted\nby the Council, unless it decides, by qualified majority, to reject\nthe Commission proposal within one month of its adoption by the\nCommission. The European Parliament should also be fully involved\nat all stages.
\nProportionality: measures need to be adopted in\nfull respect of the principles of transparency and proportionality.\nIt is also important to ensure that the consequences of measures\nhave a sufficient connection with the aim of the funding. This also\npoints to the need to ensure that the consequences fall on those\nresponsible for identified shortcomings. It should therefore\nreflect the fact the individual beneficiaries of EU funding, such\nas Erasmus students, researchers or civil society organisations,\ncannot be considered responsible for such breaches.
\n