BETA


2020/2072(INI) The Establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE ŠIMEČKA Michal (icon: Renew Renew) BILČÍK Vladimír (icon: EPP EPP), BARLEY Katarina (icon: S&D S&D), BAY Nicolas (icon: ID ID), LAGODINSKY Sergey (icon: Verts/ALE Verts/ALE), KEMPA Beata (icon: ECR ECR), BJÖRK Malin (icon: GUE/NGL GUE/NGL)
Committee Opinion JURI WÖLKEN Tiemo (icon: S&D S&D)
Committee Opinion AFCO CIMOSZEWICZ Włodzimierz (icon: S&D S&D)
Lead committee dossier:
Legal Basis:
RoP 46, RoP 54

Events

2021/03/03
   EC - Commission response to text adopted in plenary
Documents
2020/10/08
   EP - End of procedure in Parliament
2020/10/07
   EP - Results of vote in Parliament
2020/10/07
   EP - Decision by Parliament
Details

The European Parliament adopted by 521 votes to 152, with 21 abstentions, a resolution on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights.

Lack of tools to ensure respect for the Union's values

Members recalled that the last decade has been marked by blatant attacks on the Union's values. The rights of vulnerable groups, such as women, people with disabilities, Roma, LGBTI people and the elderly, as well as minority rights are still not fully respected in some Member States.

In the face of an unprecedented and growing crisis regarding its founding values, which threatens the long-term survival of the EU as a democratic peace project, Parliament expressed its deep concern about the rise and entrenchment of autocratic and illiberal tendencies, which are further aggravated by the COVID-19 pandemic and the economic recession, as well as corruption, disinformation and state capture in several Member States.

Parliament recalled that the criteria for accession to the Union required that any candidate country must have stable institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities, in accordance with the values enshrined in Article 2 of the Treaty on European Union. However, the Union does not have effective tools to ensure that these criteria are met once the state has become a member of the Union.

Members noted in this context that the Council's failure to apply Article 7 of the Treaty on European Union in practice opened the door to continued failure to respect the values of the European Union.

With a view to responding to the crisis of the Union's values and restoring mutual trust between Member States, the resolution therefore stressed the urgent need for the Union to develop a robust, comprehensive and positive agenda for effectively protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens. It insisted that the Union must remain a champion of freedom and justice in Europe and the world.

Creation of an EU mechanism

In order to address the lack of a comprehensive mechanism that can holistically look at the state of democracy, the rule of law, fundamental rights and all other Union values, while at the same time being mindful of the need to treat all Member States in the same way and based on transparent and clear criteria, Parliament proposed that the Commission, the Council and Parliament jointly set up a mechanism to monitor all Member States annually with respect to their adherence to Union values by entering into an interinstitutional agreement to that effect.

The proposed interinstitutional agreement aims at laying down arrangements that will promote and strengthen respect for Union values through coordination and cooperation between Parliament, Council and Commission. This shall entail:

An annual monitoring cycle

An annual monitoring cycle in all areas of the Union's values shall consist of a preparatory stage, the publication of an annual monitoring report on the Union's values, including specific recommendations for each Member State, and a follow-up stage.

A permanent inter-institutional working group, assisted by a group of independent experts working in cooperation with the European Union Agency for Fundamental Rights, shall facilitate coordination and cooperation between the three institutions in the annual monitoring cycle and regularly inform the public about its work.

The Annual Report shall describe both positive and negative developments in the field of the Union's values in the Member States. It shall be impartial, based on objectively collected evidence and respect equal treatment of all Member States.

No later than two months after the date of publication of the annual report, Parliament and the Council shall adopt positions on the annual report by means of resolutions and conclusions.

On the basis of the conclusions of the Annual Report, the Commission shall, on its own initiative or at the request of the European Parliament or the Council, enter into a dialogue with one or more Member States with a view to facilitating the implementation of the recommendations. It shall report to the European Parliament and the Council at regular intervals on the progress of the dialogue.

The three institutions shall also take into account the conclusions of the Annual Report when setting funding priorities and shall commit themselves to ensuring that the Annual Reports guide their actions relating to the values of the Union.

The Commission may, on its own initiative or at the request of the European Parliament or the Council, draw up an urgent report when the situation in one or more Member States gives reason to believe that there is imminent and serious damage to the values of the Union.

Consideration of complementarity with other instruments

The proposed draft Interinstitutional Agreement also takes into account the mechanisms and procedures for the protection and promotion of Union values, in particular the procedure under Article 7 TEU, infringement procedures and the draft Regulation on the protection of the Union budget in the event of a general breakdown in the rule of law in a Member State.

In order to avoid any overlap and to ensure that all measures taken against Member States are on the same basis, Parliament proposed that the annual report shall serve as a basis for the decision on whether or not to initiate the procedure under Article 7 TEU and for the assessment of the appropriateness of any other instrument, including budgetary cross-compliance.

Parliament reiterated its call to ensure that systemic violations of the values referred to in Article 2 of the Treaty on European Union are considered incompatible with EU funding. It also stressed the need, in order to protect the EU budget, to use reverse qualified majority voting, without which the effectiveness of the new budgetary conditionality mechanism would be undermined.

Documents
2020/10/05
   EP - Debate in Parliament
2020/09/29
   EP - Committee report tabled for plenary, single reading
Documents
2020/09/29
   EP - Committee report tabled for plenary
Documents
2020/09/22
   EP - Vote in committee
2020/09/14
   EP - Committee opinion
Documents
2020/09/11
   EP - Committee opinion
Documents
2020/07/23
   EP - Amendments tabled in committee
Documents
2020/07/01
   EP - Committee draft report
Documents
2020/05/27
   EP - Committee referral announced in Parliament
2020/05/27
   EP - Referral to associated committees announced in Parliament
2020/05/04
   EP - WÖLKEN Tiemo (S&D) appointed as rapporteur in JURI
2020/02/19
   EP - CIMOSZEWICZ Włodzimierz (S&D) appointed as rapporteur in AFCO
2019/12/02
   EP - ŠIMEČKA Michal (Renew) appointed as rapporteur in LIBE

Documents

Activities

Votes

A9-0170/2020 - Michal Šimečka - § 2

2020/10/06 Outcome: +: 516, -: 139, 0: 42
DE ES FR RO PT NL AT SE EL DK BG IE FI BE HR LT CZ CY SI LU IT MT SK LV EE ?? PL HU
Total
96
59
78
32
21
28
19
21
21
13
17
12
14
20
12
11
21
6
8
6
73
6
14
8
7
1
52
21
icon: PPE PPE
185

Denmark PPE

For (1)

1
2

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4

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Malta PPE

2

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Estonia PPE

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1
icon: S&D S&D
143

Greece S&D

2

Lithuania S&D

2

Cyprus S&D

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2

Luxembourg S&D

For (1)

1
4

Slovakia S&D

3

Latvia S&D

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icon: Renew Renew
98

Austria Renew

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1

Ireland Renew

2

Finland Renew

3

Croatia Renew

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2
icon: Verts/ALE Verts/ALE
66

Spain Verts/ALE

3

Portugal Verts/ALE

1

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2

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3

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3

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A9-0170/2020 - Michal Šimečka - Am 5/rev

2020/10/06 Outcome: -: 531, +: 146, 0: 20
HU PL ?? LV SI IT EE CY MT LU LT HR CZ SK FI DK IE BG EL AT BE SE NL PT RO FR ES DE
Total
21
52
1
8
8
73
7
6
6
6
11
12
21
14
14
13
12
17
21
19
20
21
28
21
32
78
59
96
icon: ID ID
75

ID

For (1)

1

Estonia ID

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1

Czechia ID

2

Finland ID

2

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1
3

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1
icon: ECR ECR
62

Latvia ECR

2

Lithuania ECR

1

Croatia ECR

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1

Slovakia ECR

Abstain (1)

2

Bulgaria ECR

2

Greece ECR

1

Netherlands ECR

Abstain (1)

4

Romania ECR

1

Germany ECR

Abstain (1)

1
icon: NI NI
29

Hungary NI

Against (1)

1

Croatia NI

2

Slovakia NI

2

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1

Germany NI

2
icon: GUE/NGL GUE/NGL
39

Cyprus GUE/NGL

2

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1

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1

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4
icon: Verts/ALE Verts/ALE
66

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1

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1

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1

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1

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3
icon: Renew Renew
98

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2

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1

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2

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2

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1

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2

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3

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2

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3

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1

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3
icon: S&D S&D
143

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A9-0170/2020 - Michal Šimečka - § 3

2020/10/06 Outcome: +: 523, -: 153, 0: 21
DE ES FR RO PT NL SE EL BG AT IE DK FI BE SK HR LT CZ CY SI MT LU IT LV EE ?? PL HU
Total
96
59
78
32
21
28
21
21
17
19
12
13
14
20
14
12
11
21
6
8
6
6
73
8
7
1
52
21
icon: PPE PPE
185

Denmark PPE

For (1)

1
2

Slovenia PPE

Abstain (2)

4

Malta PPE

2

Luxembourg PPE

2

Latvia PPE

2

Estonia PPE

Abstain (1)

1
icon: S&D S&D
143

Greece S&D

2

Slovakia S&D

Abstain (1)

3

Lithuania S&D

2

Cyprus S&D

2

Slovenia S&D

2

Luxembourg S&D

For (1)

1

Latvia S&D

2

Estonia S&D

2
icon: Renew Renew
98

Austria Renew

For (1)

1

Ireland Renew

2

Finland Renew

3

Slovakia Renew

2

Croatia Renew

For (1)

1

Lithuania Renew

Abstain (1)

2

Slovenia Renew

2

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2

Italy Renew

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1

Latvia Renew

For (1)

1

Estonia Renew

3

Hungary Renew

2
icon: Verts/ALE Verts/ALE
66

Spain Verts/ALE

3

Portugal Verts/ALE

1

Netherlands Verts/ALE

2

Sweden Verts/ALE

3

Austria Verts/ALE

3

Ireland Verts/ALE

2

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1

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3

Belgium Verts/ALE

2

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2

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3

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1

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1

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1
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39

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4

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1

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1

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1

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1

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icon: NI NI
29

Germany NI

2

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1

Slovakia NI

2

Croatia NI

2

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1
icon: ECR ECR
62

Germany ECR

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1

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1

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4
3

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1

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2

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icon: ID ID
75

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3

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A9-0170/2020 - Michal Šimečka - § 4

2020/10/06 Outcome: +: 531, -: 149, 0: 17
DE ES FR RO NL PT SE BE EL AT IE DK FI BG HR LT CZ SK CY SI MT LU IT LV EE ?? PL HU
Total
96
59
78
32
28
21
21
20
21
19
12
13
14
17
12
11
21
14
6
8
6
6
73
8
7
1
52
21
icon: PPE PPE
185

Denmark PPE

For (1)

1
2

Slovenia PPE

Abstain (2)

4

Malta PPE

2

Luxembourg PPE

2

Latvia PPE

2

Estonia PPE

Abstain (1)

1
icon: S&D S&D
143

Greece S&D

2

Lithuania S&D

2

Cyprus S&D

2

Slovenia S&D

2

Luxembourg S&D

For (1)

1

Latvia S&D

2

Estonia S&D

2
icon: Renew Renew
98

Austria Renew

For (1)

1

Ireland Renew

2

Finland Renew

3

Croatia Renew

For (1)

1

Lithuania Renew

Abstain (1)

2

Slovakia Renew

2

Slovenia Renew

2

Luxembourg Renew

2

Italy Renew

For (1)

1

Latvia Renew

For (1)

1

Estonia Renew

3

Hungary Renew

2
icon: Verts/ALE Verts/ALE
66

Spain Verts/ALE

3

Netherlands Verts/ALE

2

Portugal Verts/ALE

1

Sweden Verts/ALE

3

Belgium Verts/ALE

2

Austria Verts/ALE

3

Ireland Verts/ALE

2

Denmark Verts/ALE

1

Finland Verts/ALE

3

Lithuania Verts/ALE

2

Czechia Verts/ALE

3

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For (1)

1

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1

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For (1)

1
icon: GUE/NGL GUE/NGL
39

Netherlands GUE/NGL

For (1)

1

Portugal GUE/NGL

4

Sweden GUE/NGL

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1

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For (1)

1

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1

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1

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Abstain (1)

1

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2
icon: NI NI
29

Germany NI

2

Netherlands NI

1

Croatia NI

2

Slovakia NI

2

Hungary NI

1
icon: ECR ECR
62

Germany ECR

Abstain (1)

1

Romania ECR

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1

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4
3

Greece ECR

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1

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2

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1

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1

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2

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2
icon: ID ID
75

Netherlands ID

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1

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3

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1

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2

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1

ID

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1

A9-0170/2020 - Michal Šimečka - Am 3

2020/10/06 Outcome: -: 540, +: 142, 0: 13
HU PL ?? EE IT LV CY SI MT LU LT HR FI SK IE CZ DK BG EL AT BE SE NL PT RO FR ES DE
Total
21
52
1
7
73
8
6
8
6
6
11
12
14
14
12
21
13
17
19
19
20
21
28
21
32
78
59
96
icon: ID ID
75

ID

For (1)

1

Estonia ID

For (1)

1

Finland ID

2

Czechia ID

2

Denmark ID

Abstain (1)

1
3

Netherlands ID

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1
icon: ECR ECR
62

Latvia ECR

For (1)

Against (1)

2

Lithuania ECR

1

Croatia ECR

For (1)

1

Slovakia ECR

2

Bulgaria ECR

2

Greece ECR

1

Romania ECR

1

Germany ECR

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1
icon: NI NI
27

Hungary NI

Against (1)

1

Croatia NI

2

Slovakia NI

2

Netherlands NI

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1

Germany NI

2
icon: GUE/NGL GUE/NGL
39

Cyprus GUE/NGL

2

Finland GUE/NGL

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1

Ireland GUE/NGL

Abstain (1)

4

Czechia GUE/NGL

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1

Denmark GUE/NGL

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1

Belgium GUE/NGL

Against (1)

1

Sweden GUE/NGL

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1

Netherlands GUE/NGL

Against (1)

1

Portugal GUE/NGL

4
icon: Verts/ALE Verts/ALE
66

Poland Verts/ALE

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1

Latvia Verts/ALE

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1

Luxembourg Verts/ALE

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1

Lithuania Verts/ALE

2

Finland Verts/ALE

3

Ireland Verts/ALE

2

Czechia Verts/ALE

3

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1

Austria Verts/ALE

3

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Netherlands Verts/ALE

2

Portugal Verts/ALE

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1

Spain Verts/ALE

3
icon: Renew Renew
98

Hungary Renew

2

Estonia Renew

3

Italy Renew

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1

Latvia Renew

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1

Slovenia Renew

2

Luxembourg Renew

2

Lithuania Renew

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Abstain (1)

2

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1

Finland Renew

3

Slovakia Renew

2

Ireland Renew

2

Bulgaria Renew

3

Austria Renew

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1

Sweden Renew

3
icon: S&D S&D
143

Estonia S&D

2

Latvia S&D

2

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2

Slovenia S&D

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2

Luxembourg S&D

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1

Lithuania S&D

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Finland S&D

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3

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2

Belgium S&D

3
icon: PPE PPE
185

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1

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2

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4

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2

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2

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1

A9-0170/2020 - Michal Šimečka - Am 4

2020/10/06 Outcome: -: 535, +: 147, 0: 13
HU PL ?? EE IT LV CY SI MT LU LT HR CZ FI SK DK IE BG EL AT BE SE NL PT RO FR ES DE
Total
21
52
1
7
73
8
6
8
6
6
11
12
21
14
14
13
12
17
19
19
20
21
28
21
32
78
59
96
icon: ID ID
75

ID

For (1)

1

Estonia ID

For (1)

1

Czechia ID

2

Finland ID

2

Denmark ID

Abstain (1)

1
3

Netherlands ID

1
icon: ECR ECR
62

Latvia ECR

For (1)

Abstain (1)

2

Lithuania ECR

1

Croatia ECR

For (1)

1

Slovakia ECR

2

Bulgaria ECR

2

Greece ECR

1

Romania ECR

1

Germany ECR

Against (1)

1
icon: NI NI
27

Hungary NI

Against (1)

1

Croatia NI

2

Slovakia NI

2

Netherlands NI

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1

Germany NI

2
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39

Cyprus GUE/NGL

2

Czechia GUE/NGL

Abstain (1)

1

Finland GUE/NGL

Against (1)

1

Denmark GUE/NGL

Against (1)

1

Ireland GUE/NGL

Abstain (1)

4

Belgium GUE/NGL

Against (1)

1

Sweden GUE/NGL

Against (1)

1

Netherlands GUE/NGL

Against (1)

1

Portugal GUE/NGL

4
icon: Verts/ALE Verts/ALE
66

Poland Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1

Luxembourg Verts/ALE

Against (1)

1

Lithuania Verts/ALE

2

Czechia Verts/ALE

3

Finland Verts/ALE

3

Denmark Verts/ALE

1

Ireland Verts/ALE

2

Austria Verts/ALE

3

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Netherlands Verts/ALE

2

Portugal Verts/ALE

Against (1)

1

Spain Verts/ALE

3
icon: Renew Renew
98

Hungary Renew

2

Estonia Renew

3

Italy Renew

Against (1)

1

Latvia Renew

Against (1)

1

Slovenia Renew