2018/0208(COD) | [ParlTrack]

Proposal for a regulation
Recital 1

(1) According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law ~~and the respect for human rights, including the rights of the persons belonging to minorities~~. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity ~~and equality between women and men~~ prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well- being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’. These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’).

Amendment 17 #

Proposal for a regulation
Recital 2

(2) These rights and values must continue to be actively promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism, polarization and divisions, it is more important than ever to promote, strengthen and defend justice, rights and common EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).

Amendment 18 #

Proposal for a regulation
Recital 2

(2) These rights and values must continue to be promoted and enforced, and shared among the citizens and peoples within the Union ~~and be at the heart of Europe’s societies,~~. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes ~~shall~~may be created in the Union budget, drawing on existing resources. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: ~~human rights,~~ respect for human dignity, freedom, democracy, and equality~~, the rule of law~~. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11. The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62). 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).

Amendment 19 #

Proposal for a regulation
Recital 3

(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights- and freedoms-based, equal, inclusive and democratic society. That includes stimulating a vibrant civil society, encouraging people’s democratic, civic and social participation ~~and to~~, protecting independent media, fostering the rich diversity of European society, and cultivating European identity, also based on our common history and memory. Article 11 of the EU Treaty further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

Amendment 20 #

Proposal for a regulation
Recital 3

(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values, rights and rich European diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal, inclusive and democratic society. That includes a vibrant civil society, encouraging people’s democratic, civic and social participation and to fostering the rich diversity of European society, also based on our common history and memory. Article 11 of the EU Treaty further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

Amendment 21 #

Proposal for a regulation
Recital 3

(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal, inclusive and democratic society. That includes a vibrant civil society, encouraging people’s democratic, civic and social participation and to fostering the rich diversity of European society, also based on our common history and memory, and the lessons to be learned from the violent colonial elements of that history. Article 11 of the EU Treaty further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

Amendment 22 #

Proposal for a regulation
Recital 4

Amendment 23 #

Proposal for a regulation
Recital 5

(5) Financing ~~should~~ remains one of the most important tools for the successful implementation of the ambitious goals set by the Treaties. They should be attained inter alia by establishing a flexible and effective Justice Programme which should facilitate planning and implementation of those goals.

Amendment 24 #

Proposal for a regulation
Recital 6

(6) For the gradual establishment of an area of freedom, security and justice, the Union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions, which is a cornerstone of judicial cooperation within the Union since the Tampere European Council of 15 and 16 October 1999. Mutual recognition requires a high level of mutual trust among Member States. Measures to approximate the laws of the Member States in several areas have been adopted to facilitate mutual recognition and foster mutual trust. ~~A well-functioning area of justice, where obstacles in cross-border judicial proceedings and access to justice in cross- border situations are eliminated, is also key to ensure economic growth.~~

Amendment 25 #

Proposal for a regulation
Recital 6

(6) For the gradual establishment of an area of freedom, security and justice, the Union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions, which is a cornerstone of judicial cooperation within the Union since the Tampere European Council of 15 and 16 October 1999. Mutual recognition requires a high level of mutual trust among Member States. Measures to approximate the laws of the Member States in several areas have been adopted to facilitate mutual recognition and foster mutual trust. A well-functioning area of justice, where obstacles in cross-border judicial proceedings and access to justice in cross- border situations are eliminated, is also key to ensure economic growth and further integration.

Amendment 26 #

Proposal for a regulation
Recital 6

(6) For the gradual establishment of an area of freedom, security and justice for all, the Union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions, which is a cornerstone of judicial cooperation within the Union since the Tampere European Council of 15 and 16 October 1999. Mutual recognition requires a high level of mutual trust among Member States. Measures to approximate the laws of the Member States in several areas have been adopted to facilitate mutual recognition and foster mutual trust. A well-functioning area of justice, where obstacles in cross-border judicial proceedings and access to justice in cross- border situations are eliminated, is also key to ensure economic growth.

Amendment 27 #

Proposal for a regulation
Recital 7

(7) Respect for the rule of law ~~is essential for~~makes it possible to ensure a high level of mutual trust in the area of justice and home affairs, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matter, without jeopardising or undermining the legitimacy of any democratic calls or support for reforms in these areas.

Amendment 28 #

Proposal for a regulation
Recital 7

(7) Respect for the rule of law is essential for a high level of mutual trust in the area of justice and home affairs, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. This applies particularly to those whose duty it is to implement and enforce those laws - if trust in the police force breaks down, trust in the entire system is called into question. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.

Amendment 29 #

Proposal for a regulation
Recital 7

(7) Respect for the rule of law is essential for a high level of mutual trust in the area of justice and home affairs, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, transparency, accountability, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.

Amendment 30 #

Proposal for a regulation
Recital 7

(7) Respect for the rule of law is essential for a high level of mutual trust in the area of ~~justice and home affairs~~freedom, security and justice, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.

Amendment 31 #

Proposal for a regulation
Recital 8

Amendment 32 #

Proposal for a regulation
Recital 8

Amendment 33 #

Proposal for a regulation
Recital 9

(9) Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network ('EJTN'), the Academy of European Law ('ERA'), the European Network of Councils for the Judiciary ('ENCJ'), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union ('ACA-Europe'), the Network of the Presidents of Supreme Judicial Courts of the European Union ('RPCSJUE') and the European Institute of Public Administration ('EIPA'), should continue to play their role in promoting quality training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation.

Amendment 34 #

Proposal for a regulation
Recital 12

(12) Pursuant to Article 3(3) of the TEU, Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, and should mainstream the promotion of the rights of the child in the implementation of all of its actions. To this purpose, particular attention should be paid to actions aimed at the protection of children´s rights in the context of criminal and civil justice, including the protection of children accompanying parents in detention and children of imprisoned parents. Appropriate support should also be considered in favour of training activities aimed at the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.

Amendment 35 #

Proposal for a regulation
Recital 14

(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights and the sovereignty of the Member States, to which access to justice is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives.

Amendment 36 #

Proposal for a regulation
Recital 14

(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, ~~as well as of~~including civil society organisations and academia, which contribute to these objectives.

Amendment 37 #

Proposal for a regulation
Recital 15

(15) Pursuant to Articles 8 and 10 TFEU, the Programme should also support the ~~mainstreaming of equality between women and men and~~objective of non-discrimination ~~objectives~~ in all its activities.

Amendment 38 #

Proposal for a regulation
Recital 16

(16) Actions covered by this Regulation should contribute to the creation of a European area of justice, increasing cross- border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union financial intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.

Amendment 39 #

Proposal for a regulation
Recital 16

(16) Actions covered by this Regulation should contribute to the creation of a European area of justice, increasing cross- border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a pro~~liferation of~~mote interoperable digital solutions underpinning seamless and efficient cross- border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.

Amendment 40 #

Proposal for a regulation
Recital 16

(16) Actions covered by this Regulation should contribute to the creation of a European area of justice, increasing cross- border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, ~~the rule of law,~~ to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.

Amendment 41 #

Proposal for a regulation
Recital 17

(17) The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST, EU-LISa, OLAF and the European Public Prosecutor Office, and should take stock of the work of other national and international actors in the areas covered by the Programme.

Amendment 42 #

Proposal for a regulation
Recital 17

(17) The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST, and EU-LISa ~~and the European Public Prosecutor Office~~, and should take stock of the work of other national and international actors in the areas covered by the Programme.

Amendment 43 #

Proposal for a regulation
Recital 18

(18) It is necessary to ensure the viability, visibility and the European added value of all actions and activities carried out within the Programme, their complementarity to Member States’ activities, and their consistency with other Union activities. In order to ensure efficient allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund – and thus with the Rights and Values Programme- and between the Programme and the Single Market Programme, Border management and Security, in particular the Asylum and Migration ('AMIF') and the Internal Security Funds, Strategic Infrastructure in particular the Digital Europe Programme, the Erasmus+ Programme, the Framework Programme for research and innovation, the Instrument for Pre-accession Assistance, and the LIFE Regulation13 . _________________ 13 Regulation (EU) No 1293/2013 of the European Parliament and of the Council of 11 December 2013 on the establishment of a Programme for the Environment and Climate Action (LIFE) and repealing Regulation (EC) No 614/2007 Text with EEA relevance

Amendment 44 #

Proposal for a regulation
Recital 21

(21) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver desired results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

Amendment 45 #

Proposal for a regulation
Recital 22

(22) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council15, Council Regulation (Euratom, EC) No 2988/9516, Council Regulation (Euratom, EC) No 2185/9617 and Council Regulation (EU) 2017/193918 the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council19. In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF~~, the EPPO~~ and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. _________________ 15 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1. 16 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p. 1). 17 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292,15.11.96, p. 2). 18 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017,, p. 1). 19 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

Amendment 46 #

Proposal for a regulation
Recital 22

(22) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council15 , Council Regulation (Euratom, EC) No 2988/9516 Council Regulation (Euratom, EC) No 2185/9617 and Council Regulation (EU) 2017/193918 the financial interests of the Union are to be protected through proportionate measures, including ~~the~~complete transparency of the Programme financing and selection procedures, prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council19 In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. _________________ 15 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1. 16 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p. 1). 17 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L292,15.11.96,, p. 2). 18 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017,, p. 1). 19 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

Amendment 47 #

Amendment 48 #

Proposal for a regulation
Recital 23

(23) TSubject to complying with all its rules and regulations, third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.

Amendment 49 #

Proposal for a regulation
Recital 26

(26) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Programme will contribute to mainstream climate action and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives. Relevant actions will be identified during the Programme's preparation and implementation, and reassessed in the context of its mid-term evaluation.deleted

Amendment 50 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) to support and promote judicial training, with a view to fostering a common legal, and judicial ~~and rule of law~~ culture;

Amendment 51 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

TSubject to full compliance with all its rules and regulations, the Programme shall be open to the following third countries:

Amendment 52 #

Proposal for a regulation
Article 9 – paragraph 1

1. An action that has received a contribution under the Programme may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs and the objectives of the financed actions are complementary. [The cumulative financing shall not exceed the total eligible costs of the action and the support from different Union programmes may be calculated on a pro-rata basis].

Amendment 53 #

Proposal for a regulation
Article 9 – paragraph 1

1. An action that has received a contribution under the Programme may also receive a contribution from any other Union programme, including Funds under shared management, provided that ~~the contributions do not cover the same costs~~double funding is avoided. [The cumulative financing shall not exceed the total eligible costs of the action and the support from different Union programmes may be calculated on a pro-rata basis].

Amendment 54 #

Proposal for a regulation
Article 10 – paragraph 2 – point a – indent 2

~~– third country associated to the Programme;~~deleted

Amendment 55 #

Proposal for a regulation
Article 12 – paragraph 3

3. The performance reporting system shall ensure that correct data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States.

source: 628.719

2018/10/26 FEMM 48 amendments...

Amendment 16 #

Proposal for a regulation
Recital 1 a (new)

(1 a) According to Articles 8 and 10 of the Treaty of Functioning of the EU, the Justice Programme in all its activities should support gender mainstreaming, including gender budgeting, and the mainstreaming of non-discrimination objectives.

Amendment 17 #

Proposal for a regulation
Recital 2

(2) These rights and values must continue to be promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality~~, the rule of law~~ between women and men, the rule of law and the principle of non-discrimination. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). __________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).

Amendment 18 #

Proposal for a regulation
Recital 2

(2) These rights and values must continue to be promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, equality, rights and EU values: human rights, respect for human dignity, freedom, democracy, gender equality, non-discrimination, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). __________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).

Amendment 19 #

Proposal for a regulation
Recital 3

(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal, inclusive and democratic society. That includes a vibrant civil society, encouraging people’s democratic, civic and social participation and to fostering the rich diversity of European society, also based on our common history and memory. A strong and independent women’s rights and lgtbi movement is essential for improving gender equality. It is key for the EU, in line with its core values, to provide sufficient support to these organisations, grassroots groups and defenders, particularly those working in challenging contexts. Article 11 of the EU Treaty further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

Amendment 20 #

Proposal for a regulation
Recital 4

Amendment 21 #

Proposal for a regulation
Recital 4

Amendment 22 #

Proposal for a regulation
Recital 4

Amendment 23 #

Proposal for a regulation
Recital 4

Amendment 24 #

Proposal for a regulation
Recital 4

Amendment 25 #

Proposal for a regulation
Recital 5

(5) Financing should remain one of the important tools for the successful implementation of the ambitious goals set by the Treaties. They should be attained inter alia by establishing a flexible and effective Justice Programme which should facilitate planning and implementation of those goals. To ensure the rule of law, counteracting the increasingly shrinking space for independent civil society and supporting women´s rights organisations and human rights defenders in EU and worldwide.

Amendment 26 #

Proposal for a regulation
Recital 6 a (new)

(6 a) The incorporation of the gender perspective in justice systems should be considered an important goal to further develop the European area of justice. Intersectional discrimination in the justice system is still one of the main barriers in terms of women’s equal access to justice. The programme should therefore actively contribute to the elimination of any discrimination and barriers to minority, disabled, migrants, asylum seekers, elderly, people living in remote areas or any vulnerable groups that might find restrictions to access to justice and support victim-friendly and gender sensitive procedures and decisions in judicial systems;

Amendment 27 #

Proposal for a regulation
Recital 8

(8) Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to uphold the rule of law. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the correct and coherent application of law in the Union and mutual trust between justice professionals in cross- border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals of different Member States, comprise active learning and networking elements and be sustainable. Specific gender training for judges, police and prosecutors should be made available in order to ensure sure victims of trafficking, of gender-based violence and of other crimes are properly protected, identified and respected and to promote cooperation and good practices among judicial system with victim- friendly and gender sensitive procedures;

Amendment 28 #

Proposal for a regulation
Recital 8

(8) Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to uphold the rule of law, fundamental rights and to raise awareness on the practical application of the EU equality legislation. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the correct and coherent application of law in the Union and mutual trust between justice professionals in cross- border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals of different Member States, comprise active learning and networking elements and be sustainable.

Amendment 29 #

Proposal for a regulation
Recital 8 a (new)

(8 a) (new recital 9) Pursuant to the Council Decision (EU) 2017/865 of 11 May 2017 on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters and the respective decision with regard to asylum and non-refoulement, the Programme shall support the training of the judiciary and judicial staff with a view of raising awareness and promoting the practical application of the Convention within this scope to better protect victims of violence against women and girls across the EU.

Amendment 30 #

Proposal for a regulation
Recital 9

(9) Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law. Cross-cutting cooperation between judges and medical professionals must be supported in order to provide necessary training to judiciary and judicial staff in regard to cases that deal with gender based violence and violence against women. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network ('EJTN'), the Academy of European Law ('ERA'), the European Network of Councils for the Judiciary ('ENCJ'), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union ('ACA-Europe'), the Network of the Presidents of Supreme Judicial Courts of the European Union ('RPCSJUE') and the European Institute of Public Administration ('EIPA'), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation.

Amendment 31 #

Proposal for a regulation
Recital 9

(9) Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network ('EJTN'), the Academy of European Law ('ERA'), the European Network of Councils for the Judiciary ('ENCJ'), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union ('ACA-Europe'), the Network of the Presidents of Supreme Judicial Courts of the European Union ('RPCSJUE') and the European Institute of Public Administration ('EIPA'), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation. Taking into account that women judges are underrepresented in the top positions, women judges, prosecutors and other legal professions shall be encouraged to participate in the training activities.

Amendment 32 #

Proposal for a regulation
Recital 9

(9) Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law and equality bodies. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network ('EJTN'), the Academy of European Law ('ERA'), the European Network of Councils for the Judiciary ('ENCJ'), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union ('ACA-Europe'), the Network of the Presidents of Supreme Judicial Courts of the European Union ('RPCSJUE') and the European Institute of Public Administration ('EIPA'), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation.

Amendment 33 #

Proposal for a regulation
Recital 10 a (new)

(10 a) The programme should also support the promotion of best practices between courts specifically handling gender-based violence and the exchange of common resources and training materials on gender-based violence for judges, public prosecutors, lawyers, police and other professionals that come in contact with victims of gender based violence;

Amendment 34 #

Proposal for a regulation
Recital 14

(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental. In order to facilitate effective access to justice and protection of the victims of crime, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives.

Amendment 35 #

Proposal for a regulation
Recital 15

(15) Pursuant to Articles 8 and 10 TFEU, the Programme should also support the mainstreaming of equality between women and men and non-discrimination objectives in all its activities. Regular monitoring and evaluation should be carried out to assess the way in which gender equality and non-discrimination are addressed in the Programme's activities.

Amendment 36 #

Proposal for a regulation
Recital 15

(15) Pursuant to Articles 8 and 10 TFEU, the Programme should ~~also support the mainstreaming of equality between women and men~~take cross- cutting approach to promote gender equality, support gender mainstreaming and non- discrimination objectives in all its activities.

Amendment 37 #

Proposal for a regulation
Recital 15

(15) Pursuant to Articles 8 and 10 TFEU, the Programme should also support ~~the~~gender equality mainstreaming of, equal~~ity between women and men~~ rights and non-discrimination objectives in all its activities.

Amendment 38 #

Proposal for a regulation
Recital 16

(16) Actions covered by this Regulation should contribute to the creation of a European area of justice, increasing cross- border cooperation and networking and achieving the correct, coherent and consistent application of Union law in particular Directive 2011/36/EU of the European Parliament and Council of 5 April 2011 (on Preventing and Combating Trafficking in Human Beings and Protecting its Victims). Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.

Amendment 39 #

Proposal for a regulation
Recital 16

(16) Actions covered by this Regulation should contribute to the creation of a European area of justice, increasing cross- border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to raise awareness and improve practical application of the EU equality legislation, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.

Amendment 40 #

Proposal for a regulation
Recital 16 a (new)

(16 a) The programme should also aim at promoting better implementation and coordination between the various EU victim-protection instruments, such as the Regulation 606/2013 on mutual recognition of protection measures in civil matters; Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime; and Directive 2011/99 of the European Protection Order. Special attention shall be also put in promoting the well- functioning of the European Protection Order and to coordinate programmes to initiate awareness-raising campaigns within the Member States to inform victims of crime of the possibility to apply for cross-border protection measures and to ensure that victims are aware and have full access to their rights across the EU;

Amendment 41 #

Proposal for a regulation
Recital 16 a (new)

(16 a) The EU’s justice system does not deliver adequate justice and protection to women and girls and consequently, victims of gender-based violence do not receive the necessary support. That also include the lack of protection and support regarding victim´s of sex trafficking, refugee and migrant women, LGBTIQ- people and persons with disabilities.

Amendment 42 #

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) to facilitate and support judicial cooperation in civil and criminal matters, and to promote the rule of law and fundamental rights including by supporting the efforts to improve the effectiveness of national justice systems and the enforcement of decision and protection of victims with regard to gender-sensitive perspective ;

Amendment 43 #

Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)

(a a) to support and promote the protection of equal rights and non- discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, combating misogyny, racism, xenophobia, homophobia, strengthening the rights of persons with disabilities and children´s rights;

Amendment 44 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) to support and promote judicial training, with a view to fostering a common legal, judicial and rule of law culture and understanding of the EU equality legislation;

Amendment 45 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) to support and promote judicial training, including gender trainings, with a view to fostering a common legal, judicial and rule of law culture;

Amendment 46 #

Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)

(b a) to ensure and strengthening women’s and girls access to justice in cases of gender-based violence, by ratifying the Istanbul Convention and adopting a comprehensive legislation against gender-based violence in the Union;

Amendment 47 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) to facilitate effective, equal and discrimination free access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.

Amendment 48 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) to facilitate effective and equal access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.

Amendment 49 #

Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)

(c a) To promote the integration of the gender perspective in European justice systems and support victim-friendly and gender sensitive procedures in judicial systems;

Amendment 50 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2 a. The budget allocated for actions linked to the promotion of gender equality shall be indicated annually in an independent budget stand;

Amendment 51 #

Proposal for a regulation
Article 4 a (new)

Article 4 a New Article 5 Mainstreaming In the implementation of all of its actions, the Programme shall seek to promote equality between women and men. It shall also comply with the prohibition of discrimination based on any of the grounds listed in Article 21 of the Charter, in accordance with and within the limits set by Article 51 of the Charter.

Amendment 52 #

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2 a. The monitoring shall also provide a means of assessing the way in which gender equality and non-discrimination have been addressed across the Programme's actions.

Amendment 53 #

Proposal for a regulation
Article 12 – paragraph 3

3. The performance reporting system shall ensure that data, where applicable disaggregated by gender, for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States.

Amendment 54 #

Proposal for a regulation
Article 12 – paragraph 3

3. The performance reporting system shall ensure that data, gender- disaggregated where possible, for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States.

Amendment 55 #

Proposal for a regulation
Article 13 – paragraph 1

1. Evaluations shall be carried out in a timely manner to feed into the decision- making process. All evaluations shall be gender sensitive and include a specific chapter on gender equality with a detailed analysis of the programme budget dedicated to gender equality related activities.

Amendment 56 #

Proposal for a regulation
Article 13 – paragraph 1

1. Evaluations shall be carried out in a timely manner to feed into the decision- making process and to follow the implementation of actions carried out under it and the achievement of the specific objectives set out in Article 3 and in accordance with Article 5 (mainstreaming).

Amendment 57 #

Proposal for a regulation
Article 14 – paragraph 4

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 1. The group of experts consulted shall be gender balanced.

Amendment 58 #

Proposal for a regulation
Annex I – paragraph 1 – point 2 a (new)

2 a. Exchange of good practices on best ways to promote and incorporate the gender perspective in all the phases of the judicial system and best ways to ensure equal access to justice for all

Amendment 59 #

Proposal for a regulation
Annex I – paragraph 1 – point 3

3. analytical and monitoring activities25 to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States specially in the field of equal rights and non-discriminatory access to justice for all people in the Union, regardless of their residence status; __________________ 25 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.

Amendment 60 #

Proposal for a regulation
Annex I – paragraph 1 – point 3

3. analytical and monitoring activities25 to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States specifically in the field of non- discriminatory and universal access to justice;; __________________ 25 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.

Amendment 61 #

Proposal for a regulation
Annex I – paragraph 1 – point 4 a (new)

4 a. Specific gender training for judges, layers, police and prosecutors on gender based violence and victims- friendly procedures and exchange of best practices between courts specifically handling gender-based violence

Amendment 62 #

Proposal for a regulation
Annex I – paragraph 1 – point 6

6. developing capacity of key European level networks, Women´s rights organisation and networks, LGBTIQ- rights organisations, and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme.

Amendment 63 #

Proposal for a regulation
Annex II – paragraph 1 – introductory part

The Programme will be monitored on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs. To that end, data (disaggregated by gender where applicable) will be collected as regards the following set of key indicators:

source: 629.612

2018/12/07 JURI, LIBE 131 amendments...

Amendment 100 #

Proposal for a regulation
Recital 27

(27) Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens~~, in particular on Member States~~ for recipients and for the countries concerned. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Programme on the ground.

Amendment 101 #

Proposal for a regulation
Article 1 – paragraph 2

It lays down the objectives of the Programme, the budget for the period ~~2021 –~~1 January 2021 – 31 December 2027, the forms of Union funding and the rules for providing such funding.

Amendment 102 #

Sylvia-Yvonne KAUFMANN, Virginie ROZIÈRE, Evelyne GEBHARDT, Caterina CHINNICI, Jytte GUTELAND

Proposal for a regulation
Article 2 – paragraph 1 – point 1

1. ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as lawyers, civil organisation legal experts, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers.

Amendment 103 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

1. ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as lawyers, legal experts working for civil society organisations, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers.

Amendment 104 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

1. ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as lawyers, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, property registry agents, prison staff and probation officers.

Amendment 105 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

1. ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as defence and prosecution lawyers, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers.

Amendment 106 #

Proposal for a regulation
Article 3 – paragraph 1

1. The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, on the independence and efficiency of the legal system, on cross-border cooperation and on mutual recognition and mutual trust;

Amendment 107 #

Proposal for a regulation
Article 3 – paragraph 1

1. The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, democracy, social peace and stability, fundamental rights, as well as on mutual recognition and mutual trust;

Amendment 108 #

Proposal for a regulation
Article 3 – paragraph 1

1. The Programme has the general objective of contributing to the further development of a European area of freedom, security and justice based on the rule of law, democracy and fundamental rights, on mutual recognition and mutual trust;

Amendment 109 #

Proposal for a regulation
Article 3 – paragraph 1

1. The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, the independence of judges, impartiality of justice, on mutual recognition and mutual trust;

Amendment 110 #

Proposal for a regulation
Article 3 – paragraph 2 – introductory part

2. The Programme has the following specific objectives~~, as further detailed in Annex I~~:

Amendment 111 #

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) to facilitate and support judicial cooperation in civil and criminal matters, ~~and to promote the rule of law~~to strengthen access to justice to natural and legal persons and to promote the rule of law, the proper application and implementation of human and fundamental rights, including by supporting the efforts to improve the effectiveness of national justice systems and the adequate enforcement of judicial decisions;

Amendment 112 #

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) to facilitate and support judicial cooperation in civil and criminal matters, and to promote the rule of law including by supporting the efforts to improve the effectiveness of national justice systems and the enforcement of decision and to respect the fundamental rights;

Amendment 113 #

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) to facilitate and support judicial cooperation in civil and criminal matters, and to promote the rule of law and the independence of the judiciary, including by supporting the efforts to improve the effectiveness of national justice systems and the enforcement of decision;

Amendment 114 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) to support and promote ~~judicial training~~national and transnational judicial training, and training on legal terminology, covering civil, criminal, administrative law, fundamental rights and fight against terrorism and radicalisation, with a view to fostering a common legal, judicial and rule of law culture;

Amendment 115 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) to support and promote judicial training, with a view to fostering a common legal, judicial and rule of law culture, as well as the consistent and effective implementation of the EU legal instruments on mutual recognition and procedural safeguards;

Amendment 116 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) to support and promote judicial training~~, with a view to fostering a common legal, judicial and rule of law culture~~;

Amendment 117 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) to facilitate effective access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings, including children who are suspects or accused in criminal proceedings.

Amendment 118 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) to facilitate effective access to justice for all and effective redress, including by electronic means (e-justice), by promoting efficient civil ~~and~~, criminal and administrative procedures and by promoting and supporting the rights of victims of crime (including environmental crime) as well as the procedural rights of suspects and accused persons in criminal proceedings.

Amendment 119 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) to facilitate equal and effective access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.

Amendment 120 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) to facilitate effective access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of all victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.

Amendment 121 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) to facilitate effective access to justice for all ~~and effective redress~~, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.

Amendment 122 #

Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)

(c a) to promote practical application of drug-related research, to support civil society organisations and to expand the knowledge base and develop innovative methods of addressing the phenomenon of new psychoactive substances and trafficking in human beings and goods.

Amendment 123 #

Sophia IN 'T VELD

Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)

(c a) to support citizens, civil society organisations, journalists and small and medium-sized enterprises in litigation relating to violations of democracy, the rule of law and fundamental rights.

Amendment 124 #

Proposal for a regulation
Article 3 – paragraph 2 a (new)

2a. The specific objectives of the Programme referred to in Article 3(2) will be pursued in particular through support to the following activities: 1. awareness raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparative law and of European and international standards; 2. mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust; 3. analytical and monitoring activities to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States; 4. training relevant stakeholders to improve the knowledge of Union policies and Union law, including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law; 5. information and Communication Technology (ICT) tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications; 6. developing capacity of key European- level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme; 7. enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting programme desks/national contact network.

Amendment 125 #

Geoffroy DIDIER

Proposal for a regulation
Article 4 – paragraph 1

1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [~~305~~400 000 000] in current prices.

Amendment 126 #

Proposal for a regulation
Article 4 – paragraph 1

1. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [3705 000 000] in current prices.

Amendment 127 #

Proposal for a regulation
Article 4 – paragraph 4

4. Resources allocated to Member States under shared management may, at their request, or at the request of the Commission, be transferred to the Programme. The Commission shall implement those resources directly in accordance with Article 62(1)(a) of the Financial Regulation ~~or indirectly in accordance with Article 62(1)(c)~~. Where possible those resources shall be used for the benefit of the Member State concerned.

Amendment 128 #

Proposal for a regulation
Article 4 a (new)

Article 4 a Emergency assistance 1. The programme shall provide financial assistance to address urgent and specific needs in the event of an emergency situation in the following cases: (a) where a serious and rapid deterioration of the situation in a Member State as regards compliance with Union values in Article 2 TEU occurs; (b) where the Commission activates the EU Rule of Law Framework; (c) where one third of the Member States, the European Parliament or the Commission submits a reasoned proposal to the Council in accordance with Article 7(1) TEU to determine that there is a clear risk of a serious breach by the Member State concerned of the values referred to in Article 2 TEU; (d) where one third of the Member States or the Commission submits a reasoned proposal to the European Council in accordance with Article 7(2) TEU to determine the existence of a serious and persistent breach by that Member State of the values referred to in Article 2 TEU. 2. The Commission shall allocate at least 5% of the resources referred to in Article 6(2)(-a) to emergency assistance. At the end of every budgetary year, the Commission shall transfer any possibly non-committed emergency assistance to non-emergency actions. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 16 to allocate emergency assistance. The emergency allocation shall be based on a comprehensive, regular and evidence-based monitoring and evaluation of the situation in all Member States as regards democracy, rule of law and fundamental rights. 4. In the cases listed in points (b), (c) and (d) of paragraph 1, in addition to the emergency assistance, resources allocated to a Member State under shared management may be transferred to the Programme. The Commission shall implement these resources directly in accordance with point (a) of Article 62(1) of the Financial Regulation. Where possible, those resources shall be used for the benefit of the Member State concerned. The Commission may make a proposal to the Council to transfer the resources in accordance with this paragraph after consulting the European Parliament. A proposal by the Commission shall be deemed adopted by the Council unless the Council decides, by means of an implementing act, to reject such a proposal by qualified majority within one month of the submission of the Commission proposal. 5. The Commission shall keep the European Parliament informed of the implementation of this article. In particular, the Commission shall, when one of the conditions set out in paragraph 1 is fulfilled for a Member State, immediately inform the European Parliament and, in the cases listed in points (b), (c) and (d) of paragraph 1, provide details of the Funds and programmes which could be subject to a transfer of resources. The European Parliament may invite the Commission for a structured dialogue on the application of this article.

Amendment 129 #

Proposal for a regulation
Article 5 – title

5 ~~Third c~~Countries associated to the Programme

Amendment 130 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

The Programme shall be open with priority to EU countries, but it may be open also to the following third countries:

Amendment 131 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

The Programme shall be open to the following t~~hird~~ypes of countries:

Amendment 132 #

Proposal for a regulation
Article 5 – paragraph 1 – point b

(b) acceding countries, candidate ~~and potential candidate~~countries, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;

Amendment 133 #

Proposal for a regulation
Article 5 – paragraph 1 – point c

(c) countries covered by the European Neighbourhood Policy, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and association council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries.deleted

Amendment 134 #

Proposal for a regulation
Article 5 – paragraph 1 – point d

(d) Other third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement — ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes; — lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of [the new Financial Regulation]; — does not confer to the third country a decisional power on the programme; — guarantees the rights of the Union to ensure sound financial management and to protect its financial interests.deleted

Amendment 135 #

Proposal for a regulation
Article 6 – paragraph 2

2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, primarily through action grants as well as annual and multiannual operating grants. That funding shall ensure sound financial management, prudent use of public funds, lower levels of administrative burden for the Programme operator and for beneficiaries, as well as accessibility of the Programme funds to potential beneficiaries. It may use lump sums, unit costs, flat rates, cascading grants (financial support to third parties). Co- funding shall be accepted in kind and may be waived in cases of limited complementary funding.

Amendment 136 #

Proposal for a regulation
Article 6 – paragraph 2

2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, for example, lump sums, flat rates and unit costs.

Amendment 137 #

Proposal for a regulation
Article 7 – paragraph 1

Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation. In particular, ~~activities listed in Annex I shall be eligible for funding.~~ the following activities shall be eligible for funding: 1. awareness raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparative law and of European and international standards; 2. mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust; 3. analytical and monitoring activities1a to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States; 4. training relevant stakeholders to improve the knowledge of Union policies and Union law including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law; 5. information and Communication Technology (ICT) as well as e-justice tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications; 6. developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme; 7. enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting programme desks/national contact network. _________________ 1a These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.

Amendment 138 #

Proposal for a regulation
Article 7 – paragraph 1

Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation~~. In~~ , in particular: 1. awareness raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparati~~cular, activities listed in Annex I shall be eligible for funding.~~ ve law and of European and international standards; 2. mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust; 3. analytical and monitoring activities1a to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States; 4. training relevant stakeholders to improve the knowledge of Union policies and Union law including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law. 5. information and Communication Technology (ICT) tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications. 6. developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme. 7. enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach. _________________ 1a These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.

Amendment 139 #

Proposal for a regulation
Article 7 – paragraph 1

Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation. In particular, activities listed in A~~nnex I~~rticle 3(2a) shall be eligible for funding.

Amendment 140 #

Proposal for a regulation
Article 7 – paragraph 1 a (new)

In line with Article 11(2) of the Treaty on the European Union, the Commission shall set up a “Civil Dialogue Group” aimed at ensuring a regular, open and transparent dialogue with the beneficiaries of the Programme and other relevant stakeholders in order to exchange experiences and good practices and to discuss policy developments within the fields and objectives covered by the Programme and related fields.

Amendment 141 #

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 – point a

(a) they have been properly assessed in a call for proposals under the Programme;

Amendment 142 #

Sylvia-Yvonne KAUFMANN, Virginie ROZIÈRE, Evelyne GEBHARDT, Caterina CHINNICI, Jytte GUTELAND

Proposal for a regulation
Article 10 – paragraph 3

3. An operating grant ~~may~~shall be awarded without a call for proposals to the European Judicial Training Network to cover expenditure associated with its permanent work programme.

Amendment 143 #

Proposal for a regulation
Article 12 – paragraph 1

1. Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out in Annex II. The data collected for monitoring and reporting shall, where applicable, be disaggregated by gender, age and staff category.

Amendment 144 #

Proposal for a regulation
Article 12 – paragraph 1

1. Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out in the Annex II.

Amendment 145 #

Sylvia-Yvonne KAUFMANN, Virginie ROZIÈRE, Evelyne GEBHARDT, Caterina CHINNICI, Jytte GUTELAND

Proposal for a regulation
Article 12 – paragraph 2

2. To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts, in accordance with Article 14, to develop the provisions for a monitoring and evaluation framework, including through amendments to the Annex II to review and complement the indicators where necessary.

Amendment 146 #

Proposal for a regulation
Article 12 – paragraph 3

3. The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States. The Commission shall make available user-friendly formats and provide orientation and support, in particular to applicants and beneficiaries who may not have the adequate resources and staff to meet reporting requirements.

Amendment 147 #

Proposal for a regulation
Article 13 – paragraph 1

1. Evaluations shall be carried out in a timely and well documented manner to feed into the decision- making process.

Amendment 148 #

Proposal for a regulation
Article 13 – paragraph 2

2. The interim evaluation of the Programme shall be carried out once there is sufficient information available about the implementation of the Programme, but no later than ~~four~~three years after the start of the programme implementation.

Amendment 149 #

Proposal for a regulation
Article 13 – paragraph 3

3. At the end of the implementation of the Programme, but no later than ~~four~~three years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.

Amendment 150 #

Proposal for a regulation
Article 15 – paragraph 1

Where a ~~third country~~ny country as set out in Article 5, participates in the programme by a decision under a~~n international~~ binding agreement or by virtue of any other legal instrument, th~~e third~~at country shall grant the necessary rights and access required for the authorizing officer responsible, the European Anti-Fraud Office (OLAF), the European Court of Auditors to comprehensively exert their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the- spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office (OLAF).

Amendment 151 #

Proposal for a regulation
Article 16 – paragraph 1

1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding through the use earmarking indicators (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

Amendment 152 #

Proposal for a regulation
Article 17 – paragraph 1

1. The Commission shall be assisted by a committee. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011, and should be assisted by the relevant civil society and human rights organisations. Gender balance and appropriate representation of minority and other excluded groups in the Committee shall be safeguarded.

Amendment 153 #

Proposal for a regulation
Article 19 – paragraph 3

3. I~~f necessary,~~n some cases, it may be assessed by the relevant authorities, whether appropriations may be entered in the budget beyond 2027 to cover the expenses provided for in Article 4(2), to enable the management of actions not completed by 31 December 2027.

Amendment 154 #

Proposal for a regulation
Annex I

Activities of the programme The specific objectives of the Programme referred to in Article 3 (2) will be pursued in particular through support to the following activities: 1. awareness raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparative law and of European and international standards; 2. mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust; 3. analytical and monitoring activities25 to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States; 4. training relevant stakeholders to improve the knowledge of Union policies and Union law including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law. 5. information and Communication Technology (ICT) tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications. 6. developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme. 7. enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting programme desks/national contact network. _________________ 25 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.deleted

Amendment 155 #

Proposal for a regulation
Annex I

Amendment 156 #

Proposal for a regulation
Annex I – paragraph 1

The specific objectives of the Programme referred to in Article 3 (2) will be pursued in particular through support to the following activities: 1. awareness raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparative law and of European and international standards; 2. mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust; 3. analytical and monitoring activities25to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States; 4. training relevant stakeholders to improve the knowledge of Union policies and Union law including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law. 5. information and Communication Technology (ICT) tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications. 6. developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme. 7. enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting programme desks/national contact network. _________________ 25 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.deleted

Amendment 157 #

Proposal for a regulation
Annex I – paragraph 1 – point 2

2. mutual learning through exchange of good practices among stakeholders, including NGOs and human rights organisations, to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust;

Amendment 158 #

Sylvia-Yvonne KAUFMANN, Virginie ROZIÈRE, Evelyne GEBHARDT, Caterina CHINNICI, Jytte GUTELAND

Proposal for a regulation
Annex I – paragraph 1 – point 2 a (new)

2 a. awareness-raising trainings for duty-bearers working in the judicial system about the challenges and obstacles experienced by people deprived of their rights - including ethnic minorities, such as the Roma, LGBTI people, persons with disabilities, victims of gender-based and other forms of interpersonal violence, trafficking, and victims of hate speech and hate crime - with the direct involvement of victims and the organisations representing and/or helping them;

Amendment 159 #

Sophia IN 'T VELD

Proposal for a regulation
Annex I – paragraph 1 – point 3

3. analytical and monitoring activities25 to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States, including by annually monitoring in a comprehensive and independent manner the situation as regards democracy, the rule of law and fundamental rights in all Member States; _________________ 25 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.

Amendment 160 #

Proposal for a regulation
Annex I – paragraph 1 – point 3

3. analytical and monitoring activities25 to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States, including research on how to eliminate obstacles to an equal and effective access to justice for all; _________________ 25 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.

Amendment 161 #

Sylvia-Yvonne KAUFMANN, Virginie ROZIÈRE, Evelyne GEBHARDT, Caterina CHINNICI, Jytte GUTELAND

Proposal for a regulation
Annex I – paragraph 1 – point 3 a (new)

3 a. addressing gender balance disparities among the Member States' judiciary and judicial staff through training either tailored to female professionals (focusing, for instance, on aspects such as reconciliation between work and non-work responsibilities or mentoring practices) or targeting both female and male professionals (raising awareness on issues like the low proportion of female judges in higher levels of the judiciary or the need for transparency and objective criteria during appointment procedures).

Amendment 162 #

Proposal for a regulation
Annex I – paragraph 1 – point 4

4. training relevant stakeholders, including NGOs, to improve the knowledge of Union policies and Union law including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case- law of the Court of Justice of the European Union, legal language and of comparative law.

Amendment 163 #

Sophia IN 'T VELD

Proposal for a regulation
Annex I – paragraph 1 – point 4 a (new)

4 a. developing the capacity of citizens, civil society organisations, journalists and small and medium-sized enterprises in litigation relating to violations of democracy, the rule of law and fundamental rights, including by training and networking activities as well as by covering the litigation costs. This activity shall particularly focus on litigation with a clear European public interest, such as cases in which Articles of the Charter or of the European Convention on Fundamental Rights are invoked.

Amendment 164 #

Proposal for a regulation
Annex I – paragraph 1 – point 4 a (new)

4 a. multidisciplinary training of judicial staff and other relevant stakeholders in the field of juvenile justice, in order to prepare and promote the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused person in criminal proceedings.

Amendment 165 #

Sylvia-Yvonne KAUFMANN, Virginie ROZIÈRE, Evelyne GEBHARDT, Caterina CHINNICI, Jytte GUTELAND

Proposal for a regulation
Annex I – paragraph 1 – point 4 b (new)

4 b. multidisciplinary training of judicial staff and other relevant stakeholders in the field of penitentiary law, detention and prison management, in order to facilitate the dissemination of best practices and ensure secure and appropriate detention conditions.

Amendment 166 #

Geoffroy DIDIER

Proposal for a regulation
Annex I – paragraph 1 – point 7

7. enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach~~, including by setting up and supporting programme desks/national contact network~~.

Amendment 167 #

Proposal for a regulation
Annex I – paragraph 1 a (new)

capacity building and training of legal experts working for civil society organisations, that seek to promote effective access to justice for all and support of victims of crime, in particular persons at risk; fostering cooperation between these organisations and relevant national authorities.

Amendment 168 #

Proposal for a regulation
Annex II – paragraph 1 – introductory part

The Programme will be monitored on the basis of a set of adequate indicators (such as qualitative and quantitative) intended to measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs~~. To that end, data will be collected~~ and to maximising the effectiveness of justice systems. To that end, data will be collected, with respect for fundamental rights, as regards the following set of key indicators:

Amendment 169 #

Proposal for a regulation
Annex II – paragraph 1 a (new)

The following shall be considered a non- exhaustive list of specific indicators: (a) the number and percentage of persons in a target group reached by awareness- raising activities funded by the Programme; (b) the number and percentage of members of the judiciary and judicial staff in a target group that participated in training activities, staff exchanges, study visits, workshops and seminars funded by the Programme; (c) the improvement in the level of knowledge of Union law and policies in the groups participating in activities funded by the Programme compared to the entire target group; (d) the number of cases, activities and outputs of cross-border cooperation, including cooperation by means of information technology tools and procedures established at Union level; (e) participants' assessment of the activities in which they participated and of their (expected) sustainability; (f) the geographical coverage of the activities funded by the Programme.

Amendment 170 #

Proposal for a regulation
Annex II – paragraph 1 b (new)

3.In addition to the indicators set out in paragraph 2, the interim and ex-post evaluation report of the Programme shall assess, inter alia: (a) the perceived impact of the Programme on access to justice based on qualitative and quantitative data collected at European level; (b) the number and quality of instruments and tools developed through actions funded by the Programme; (c) the European added value of the Programme, including an evaluation of the Programme's activities in the light of similar initiatives which have been developed at national or European level without support from Union funding, and their (expected) results and the advantages and/or disadvantages of Union funding compared to national funding for the type of activity in question; (d) the level of funding in relation to the outcomes achieved (efficiency); (e) the possible administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme (scope for simplification).

Amendment 40 #

Proposal for a regulation
Recital 1

(1) According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 ~~further~~ specifies that the ‘Union’s aim is to promote peace, its values and the well- being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’. ~~These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’).~~

Amendment 41 #

Proposal for a regulation
Recital 1

(1) According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well- being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’. These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’) and the UN Convention on the Rights of Persons with Disabilities.

Amendment 42 #

Proposal for a regulation
Recital 2

(2) These rights and values must continue to be promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies,. At the same time, a properly working European area of justice and efficient, independent and quality national legal systems, as well as greater mutual trust, are necessary for a flourishing internal market and for upholding the common values of the Union. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law and an independent and efficient judiciary. This will have profound and direct implications for political, social, cultural and economic life in the EU, helping it to make a tangible impact on the daily life of its citizens. As a part of the new Fund, the Rights and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).

Amendment 43 #

Proposal for a regulation
Recital 2

(2) These rights and values must continue to be promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014-2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).

Amendment 44 #

Proposal for a regulation
Recital 2

(2) These rights and values must continue to be ~~promoted and~~actively cultivated, protected, promoted by the Union and each Member State in all their policies in a consistent way as well as enforced, and shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, as the deterioration of those rights and values in any Member State can have detrimental effects on the Union as a whole. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, non- discrimination, and the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the ~~Rights~~Citizens, Rights, Equality and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).

Amendment 45 #

Proposal for a regulation
Recital 2

(2) These rights and values must continue to be promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, including the rights of the persons belonging to minorities, respect for human dignity, freedom, democracy, equality, non-discrimination and the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).

Amendment 46 #

Proposal for a regulation
Recital 2

(2) These rights and values must continue to be promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human and fundamental rights, respect for human dignity, freedom, democracy, equality, the rule of law, social peace and stability. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).

Amendment 47 #

Proposal for a regulation
Recital 3

(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus ~~primarily~~ on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal, open, inclusive and democratic society~~. That includes a vibrant~~ by funding activities that promote a vibrant, well-developed, resilient and empowered civil society, encouraging people’s democratic, civic and social participation and to fostering the rich diversity of European society, also based on our common history and memory. Article 11 of the EU Treaty ~~further specifi~~requires that the institutions shall maintain an open, transparent and regular dialogue with civil society and shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

Amendment 48 #

Proposal for a regulation
Recital 3

(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal, inclusive and democratic society. That includes a vibrant civil society, encouraging people’s democratic, civic and social participation, as well as the proper application and implementation of human and fundamental rights, and to fostering the rich diversity of European society, also based on our common history and memory. Article 11 of the EU Treaty further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

Amendment 49 #

Proposal for a regulation
Recital 3

(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to revive, nurture and sustain our rights- based, equal, inclusive and democratic society. That includes a ~~vibrant~~strong civil society, en~~courag~~abling people’s democratic, civic and social participation and to fostering the rich diversity of European society, also based on reviving our common history and memory. Article 11 of the EU Treaty further specifies that the institutions shall, by appropriate means, give ~~citizens~~the people in Europe and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

Amendment 50 #

Proposal for a regulation
Recital 3 a (new)

(3 a) The Commission should ensure a regular, open and transparent dialogue with the beneficiaries of the Programme and other relevant stakeholders through the setting up of a Civil Dialogue Group. The Civil Dialogue Group should contribute to the exchange of experiences and good practices and to the discussion of policy developments within the fields and objectives covered by the Programme and related fields. The Civil Dialogue Group should consist of organisations which have been selected to receive an operating or action grant under the Programme and of other organisations and stakeholders which have expressed an interest in the Programme or work in this policy area but are not necessarily supported by the Programme.

Amendment 51 #

Proposal for a regulation
Recital 4

(4) The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, with respect for fundamental rights and the different legal systems and traditions of the Member States. To that end, the Union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of Member States in the field of crime prevention. Respect for fundamental rights as well as for common principles and values, such as non- discrimination, gender equality, effective access to justice for all, the rule of law and a well-funccriminal matters, accompanied by coordination and cooperation between police, judicial and other competent authorities, and to promote and support the action of Member States in the field of crime prevention. The new Justice programme will support the further development of a European area of justice based on the Union’s values, the rule of law, and mutual recognition and trust, in particular by facilitating access to justice for all and promoting judicial cooperation in~~g independent judicial system shall be ensured in the further development of a European area of justice~~ civil and criminal matters, and the effectiveness and independence of national justice systems.

Amendment 52 #

Proposal for a regulation
Recital 4

Amendment 53 #

Proposal for a regulation
Recital 4

(4) The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, with respect for human and fundamental rights and the different legal systems and traditions of the Member States. To that end, the Union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal and administrative matters and to promote and support the action of Member States in the field of crime prevention. Respect for human and fundamental rights as well as for common principles and values, such as non-discrimination, gender equality, effective access to justice for all, the rule of law and a well-functioning independent judicial system shall be ensured in the further development of a European area of justice.

Amendment 54 #

Proposal for a regulation
Recital 4

Amendment 55 #

Proposal for a regulation
Recital 4 a (new)

(4 a) The Treaty explicitly provides that the Union may adopt legal acts for the approximation of laws of the Member States. According to the Treaty, such acts may be adopted inter alia for the mutual recognition and enforcement between Member States of judgments and extrajudicial decisions; the cross-border service of judicial and extrajudicial documents; the compatibility of the private international law rules applicable in the Member States concerning conflict of laws and of jurisdiction; cooperation in the taking of evidence; effective access to justice; the elimination of obstacles to the proper functioning of civil, criminal and administrative proceedings, which may include making national court procedures more compatible; the development of alternative dispute resolution (ADR); and support for training of the judiciary and judicial staff;

Amendment 56 #

Proposal for a regulation
Recital 5

(5) Financing, in line with the principles of transparency and efficiency, should remain one of the important tools for the successful implementation of the ambitious goals set by the Treaties. They should be attained inter alia by establishing a flexible and effective Justice Programme which should facilitate planning and implementation of those goals.

Amendment 57 #

Proposal for a regulation
Recital 6 a (new)

(6 a) As recalled by the Court of Justice of the European Union in its case law1a, judicial independence forms part of the essence of the fundamental right to a fair trial and represents the basis for mutual trust and mutual recognition. _________________ 1a CJEU, Grand Chamber, 27 February 2018, C-64/16, Asociação Sindical dos Juízes Portugueses, ECLI:EU:C:2018:117; CJEU, Grand Chamber, 25 July 2018, C-216/18 PPU, L.M., ECLI:EU:C:2018:586.

Amendment 58 #

Proposal for a regulation
Recital 6 a (new)

(6 a) Access to justice should include, in particular, access to courts, to alternative methods of dispute settlement and to public office-holders obliged by the law to provide parties with independent and impartial legal advice.

Amendment 59 #

Proposal for a regulation
Recital 7

(7) RFull respect ~~for~~and promotion of the rule of law is essential for a high level of mutual trust in the area of justice and home affairs, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.

Amendment 60 #

Proposal for a regulation
Recital 7

Amendment 61 #

Proposal for a regulation
Recital 7 a (new)

(7 a) Reminds that justice is affirming the rule of law in society and ensuring for everyone the right to a fair trial by an independent and impartial court with a view for the protection of European values.

Amendment 62 #

Proposal for a regulation
Recital 8

(8) Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to uphold the rule of law and as duty-bearers how to best serve the people in Europe. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the non-discriminatory, correct and coherent application of law in the Union and mutual trust between justice professionals in cross- border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals, including also those working for human rights organisations, of different Member States, comprise awareness-raising trainings, active learning and networking elements and be sustainable. Awareness-raising trainings should include trainings about the challenges and obstacles experienced by ethnic minorities, such as the Roma, LGBTI people, persons with disabilities, victims of gender-based and other forms of interpersonal violence, trafficking, and victims of hate speech and hate crime. These trainings should be provided with the direct involvement of victims and the organisations representing and/or helping them.

Amendment 63 #

Proposal for a regulation
Recital 8

(8) Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to uphold the rule of law. It is also very important to increase the number of jobs in the legal profession in a bid to ensure more effective judicial cooperation and access to justice for any citizen of the Union. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the correct and coherent application of law in the Union and mutual trust between justice professionals in cross- border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals of different Member States, comprise active learning and networking elements and be sustainable.

Amendment 64 #

Proposal for a regulation
Recital 8

Amendment 65 #

Proposal for a regulation
Recital 8

Amendment 66 #

Proposal for a regulation
Recital 8

Amendment 67 #

Proposal for a regulation
Recital 8 a (new)

(8 a) Reiterates that reasonable time- limits of proceedings serve the purpose of legal certainty, which is the key requirement for the rule of law.

Amendment 68 #

Proposal for a regulation
Recital 9

(9) Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law, the European Union Agency for Fundamental Rights, relevant human rights organisations and NGOs. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network ('EJTN'), the Academy of European Law ('ERA'), the European Network of Councils for the Judiciary ('ENCJ'), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union ('ACA-Europe'), the Network of the Presidents of Supreme Judicial Courts of the European Union ('RPCSJUE') and the European Institute of Public Administration ('EIPA'), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation.

Amendment 69 #

Proposal for a regulation
Recital 9

(9) Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, civil society representatives, or networks of court coordinators of Union law. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network ('EJTN'), the Academy of European Law ('ERA'), the European Network of Councils for the Judiciary ('ENCJ'), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union ('ACA-Europe'), the Network of the Presidents of Supreme Judicial Courts of the European Union ('RPCSJUE') and the European Institute of Public Administration ('EIPA'), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation.

Amendment 70 #

Proposal for a regulation
Recital 9 a (new)

(9 a) Calls on the Member States to invest more in development of judicial trainings and continuous education for judges as this is a basis for an efficient, independent and impartial judicial system.

Amendment 71 #

Proposal for a regulation
Recital 11

(11) Measures under the Programme should support ~~enhanced~~Member States in their efforts for improving cooperation and mechanisms for mutual recognition of judicial decisions and judgments and the necessary approximation of legislation, in line with the principles of subsidiarity, that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases and greater convergence in civil law ~~that will help to eliminate obstacles to~~, where appropriate, that will further the good and efficient functioning of judicial and extra- judicial procedures in benefit of all parties involved in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.

Amendment 72 #

Proposal for a regulation
Recital 11

(11) Measures under the Programme should contribute to greater mutual trust between Member State legal systems and support enhanced mutual recognition of judicial decisions and judgments and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases and greater convergence in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra- judicial procedures in benefit of all parties in a civil dispute. Finally, in order to support the harmonised and effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.

Amendment 73 #

Evelyne GEBHARDT

Proposal for a regulation
Recital 11

(11) Measures under the Programme should support enhanced mutual recognition of judicial decisions and judgments and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases including mediation procedures and greater convergence in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra- judicial procedures in benefit of all parties in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.

Amendment 74 #

Proposal for a regulation
Recital 11

(11) Measures under the Programme should support enhanced mutual recognition of judicial decisions and judgments, access to justice and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases and greater convergence in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra- judicial procedures in benefit of all parties in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.

Amendment 75 #

Proposal for a regulation
Recital 11

(11) Measures under the Programme should support enhanced mutual recognition of judicial decisions and judgments and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases and greater convergence, in particular in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra- judicial procedures in benefit of all parties in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.

Amendment 76 #

Proposal for a regulation
Recital 12

(12) Pursuant to Article 3(3) of the TEU, Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, and should mainstream the promotion of the rights of the child in the implementation of all of its actions. To this purpose, particular attention should be paid to actions aimed at the protection of the rights of children in the context of civil and criminal justice, including the protection of children accompanying parents in detention and children of imprisoned parents. Appropriate support should also be considered in favour of training activities aimed at the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused person in criminal proceedings.

Amendment 77 #

Proposal for a regulation
Recital 12

Amendment 78 #

Lívia JÁRÓKA

Proposal for a regulation
Recital 12 a (new)

(12 a) Pursuant to the Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, the Programme should support the protection of people belonging to racial or ethnic origin, such as Roma and mainstream the promotion of their rights in the implementation of all of its actions, in particular by strengthening anti-discrimination measures.

Amendment 79 #

Sylvia-Yvonne KAUFMANN, Virginie ROZIÈRE, Evelyne GEBHARDT, Caterina CHINNICI, Jytte GUTELAND

Proposal for a regulation
Recital 13

(13) The 2014-2020 Programme has enabled training activities on Union law, in particular on the scope and application of the Charter, targeted at members of the judiciary and other legal practitioners. In its conclusions of 12 October 2017 on the application of the Charter in 2016, the Council recalled the importance of awareness-raising on the application of the Charter, including among policymakers, legal practitioners and the rights holders themselves, at national as well as at Union level. Therefore, to mainstream fundamental rights in a consistent way, it is necessary to extend financial support to awareness –raising activities for other public authorities than judicial authorities and legal practitioners, and for NGOs undertaking this task as well.

Amendment 80 #

Proposal for a regulation
Recital 14

(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives. Support should be given, in particular, to activities which facilitate effective and equal access to justice for persons at risk, namely women, children, persons with disabilities, LGBTI people and migrants, irrespective of their residence status.

Amendment 81 #

Proposal for a regulation
Recital 14

(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives. Bodies and entities that have access to the Programme should include national, regional and local authorities.

Amendment 82 #

Proposal for a regulation
Recital 14

(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental for each citizen regardless of their nationality , gender or religion . In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives.

Amendment 83 #

Sylvia-Yvonne KAUFMANN, Virginie ROZIÈRE, Evelyne GEBHARDT, Caterina CHINNICI, Jytte GUTELAND

Proposal for a regulation
Recital 14

(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which equal access to justice is instrumental. In order to facilitate effective and equal access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives.

Amendment 84 #

Proposal for a regulation
Recital 15

(15) Pursuant to Articles 8 and 10 TFEU, the Programme should also support the mainstreaming of gender equality ~~between women and men~~ and non-discrimination objectives in all its activities.

Amendment 85 #

Proposal for a regulation
Recital 16

(16) Actions covered by this Regulation should contribute to the creation of a European area of justice, fostering the independence and efficiency of the legal system, increasing cross- border cooperation and networking, underpinning mutual trust between the Member State judiciaries and achieving the correct, coherent ~~and~~, consistent and prompt application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, interpretation, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning. The Regulation complies with the proportionality principle in that it does not go beyond the minimum required in order to achieve the stated objective at European level.

Amendment 86 #

Proposal for a regulation
Recital 16

(16) Actions covered by this Regulation should contribute to the creation of a European area of justice, increasing cross- border cooperation and networking, including with third countries , and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.

Amendment 87 #

Sylvia-Yvonne KAUFMANN, Virginie ROZIÈRE, Evelyne GEBHARDT, Caterina CHINNICI, Jytte GUTELAND

Proposal for a regulation
Recital 16

(16) Actions covered by this Regulation should contribute to ~~the creation of a European area of~~promoting fair, efficient and cooperative justice, i~~ncreas~~mproving cross-border cooperation and networking ~~and~~mechanisms, as well as achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to a common understanding of ~~the Union’s values,~~ the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and ~~brings~~contribute to economies of scale. ~~Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European plat~~Additionally, the Programme may provide for a forum for mutual learning and the sharing of best practices.

Amendment 88 #

Proposal for a regulation
Recital 16 a (new)

(16 a) As highlighted by the European Parliament's Report on the European Commission's 2017 Justice Scoreboard, there are still significant gender balance disparities among the Member States' judiciary and judicial staff, particularly (but not exclusively) in relation to the following aspects: proportion of female judges in higher levels of the judiciary, transparency in appointments, reconciliation between work and non- work responsibilities and the existence of mentoring practices. The Programme should therefore support training activities seeking to address those disparities. These activities may, for instance, be tailored for female professionals within Member States' judiciary and judicial staff or, where adequate, target both female and male professionals, in an effort to raise awareness among all relevant staff.

Amendment 89 #

Proposal for a regulation
Recital 17

(17) The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST, EU-LISa and the European Public Prosecutor Office, and should ~~take stock of~~evaluate the work of other national and international actors in the areas covered by the Programme and recommend improvements, when necessary.

Amendment 90 #

Proposal for a regulation
Recital 17

(17) The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST, EU-LISa, EMCDDA, OLAF and the European Public Prosecutor Office, and should take stock of the work of other national and international actors in the areas covered by the Programme.

Amendment 91 #

Proposal for a regulation
Recital 17

(17) The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST, FRA, EU-LISa and the European Public Prosecutor Office, and should take stock of the work of other national and international actors in the areas covered by the Programme.

Amendment 92 #

Proposal for a regulation
Recital 18

(18) It is necessary to ensure the European added value of all actions and activities carried out within the Programme, their complementarity to Member States’ activities, and their consistency with other Union activities. In order to ensure efficient allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund – and thus with the Rights and Values Programme- and between the Programme and the Single Market Programme, Border management and Security, in particular the Asylum and Migration ('AMIF') and the Internal Security Funds, Strategic Infrastructure in particular the Digital Europe Programme, the European Social Fund+, the Erasmus+ Programme, the Framework Programme for research and innovation, the Instrument for Pre-accession Assistance, and the LIFE Regulation13 . _________________ 13 Regulation (EU) No 1293/2013 of the European Parliament and of the Council of 11 December 2013 on the establishment of a Programme for the Environment and Climate Action (LIFE) and repealing Regulation (EC) No 614/2007 Text with EEA relevance

Amendment 93 #

Proposal for a regulation
Recital 19 a (new)

(19 a) Mechanisms to ensure a link between Union funding policies and Union values should be further refined, allowing the Commission to make a proposal to the Council to transfer resources allocated to a Member State under shared management to the Programme where that Member State is subject to procedures relating to Union values. A comprehensive Union mechanism on democracy, rule of law and fundamental rights should guarantee the regular and equal review of all Member States, providing the necessary information for the activation of measures related to general deficiencies of Union values in Member States. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, 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 ensure effective action, reversed qualified majority voting should be used.

Amendment 94 #

Proposal for a regulation
Recital 20

(20) Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees and demands full transparency on the use of resources, sound financial management and prudent use of resources. In particular, rules concerning the possibility for local, regional, national and transnational civil society organisations to be funded through multiannual operating grants, cascading grants, provisions ensuring fast and flexible grant-making procedures, such as a two-step-application procedure, user- friendly applications and reporting procedures should be operationalised and further strengthened as part of the implementation of this Programme.

Amendment 95 #

Proposal for a regulation
Recital 21

(21) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, the size and capacity of relevant stakeholders and targeted beneficiaries, and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates ~~and~~, unit costs~~, as well as~~ and cascading grants, as well as co-funding criteria which take into account volunteer work and financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

Amendment 96 #

Lívia JÁRÓKA

Proposal for a regulation
Recital 23

(23) Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Acceding countries, candidate and potential candidate countries may also participate in Union programmes , in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or similar agreements and in accordance with the specific conditions laid down in agreements between the Union and those countries. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.

Amendment 97 #

Proposal for a regulation
Recital 23

Amendment 98 #

Proposal for a regulation
Recital 23

(23) ~~Third countries which are m~~Members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. ~~Third countries may also participate on the basis of other legal instruments.~~ A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti- Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.

Amendment 99 #