2020/2072(INL) The Establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights
Lead committee dossier:
Progress: Awaiting Parliament's vote
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
ŠIMEČKA Michal ( Renew)
|
BILČÍK Vladimír ( EPP),
BARLEY Katarina ( S&D),
BAY Nicolas ( ID),
LAGODINSKY Sergey ( Verts/ALE),
KEMPA Beata ( ECR),
BJÖRK Malin ( GUE/NGL)
|
| Committee Opinion | JURI |
WÖLKEN Tiemo ( S&D)
|
Geoffroy DIDIER ( PPE)
|
| Committee Opinion | AFCO |
CIMOSZEWICZ Włodzimierz ( S&D)
|
Maite PAGAZAURTUNDÚA ( RE),
Vladimír BILČÍK ( PPE),
Gwendoline DELBOS-CORFIELD ( Verts/ALE),
Nikolaj VILLUMSEN ( GUE/NGL)
|
Lead committee dossier:
Legal Basis:
RoP 46
Legal Basis:
RoP 46Subjects
Events
2020/10/07
Vote in plenary scheduled
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, single reading
Documents
2020/09/22
EP - Vote in committee, 1st reading/single reading
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, 1st reading/single reading
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
- Committee report tabled for plenary, single reading: A9-0170/2020
- Committee report tabled for plenary, single reading: A9-0170/2020
- Committee opinion: PE652.513
- Committee opinion: PE654.024
- Amendments tabled in committee: PE655.630
- Committee draft report: PE653.810
- Committee draft report: PE653.810
- Amendments tabled in committee: PE655.630
- Committee opinion: PE654.024
- Committee opinion: PE652.513
- Committee report tabled for plenary, single reading: A9-0170/2020
Votes
A9-0170/2020 - Michal Šimečka - § 2 #
2020/10/06 Outcome: +: 516, -: 139, 0: 42
NIA9-0170/2020 - Michal Šimečka - Am 5/rev #
2020/10/06 Outcome: -: 531, +: 146, 0: 20
A9-0170/2020 - Michal Šimečka - § 3 #
2020/10/06 Outcome: +: 523, -: 153, 0: 21
A9-0170/2020 - Michal Šimečka - § 4 #
2020/10/06 Outcome: +: 531, -: 149, 0: 17
A9-0170/2020 - Michal Šimečka - Am 3 #
2020/10/06 Outcome: -: 540, +: 142, 0: 13
A9-0170/2020 - Michal Šimečka - Am 4 #
2020/10/06 Outcome: -: 535, +: 147, 0: 13
A9-0170/2020 - Michal Šimečka - § 5 #
2020/10/06 Outcome: +: 535, -: 147, 0: 15
A9-0170/2020 - Michal Šimečka - Am 7 #
2020/10/06 Outcome: -: 526, +: 153, 0: 18
A9-0170/2020 - Michal Šimečka - § 6/1 #
2020/10/06 Outcome: +: 533, -: 150, 0: 14
A9-0170/2020 - Michal Šimečka - § 6/2 #
2020/10/06 Outcome: +: 530, -: 156, 0: 11
A9-0170/2020 - Michal Šimečka - § 7/1 #
2020/10/06 Outcome: +: 536, -: 149, 0: 12
A9-0170/2020 - Michal Šimečka - § 7/2 #
2020/10/06 Outcome: +: 521, -: 168, 0: 8
A9-0170/2020 - Michal Šimečka - § 7/3 #
2020/10/06 Outcome: +: 534, -: 154, 0: 9
A9-0170/2020 - Michal Šimečka - § 10 #
2020/10/06 Outcome: +: 529, -: 149, 0: 19
A9-0170/2020 - Michal Šimečka - § 12 #
2020/10/06 Outcome: +: 526, -: 156, 0: 15
A9-0170/2020 - Michal Šimečka - § 13/1 #
2020/10/06 Outcome: +: 511, -: 166, 0: 20
A9-0170/2020 - Michal Šimečka - § 13/2 #
2020/10/06 Outcome: +: 372, -: 310, 0: 15
A9-0170/2020 - Michal Šimečka - Am 6/rev #
2020/10/06 Outcome: -: 533, +: 133, 0: 31
A9-0170/2020 - Michal Šimečka - § 15 #
2020/10/06 Outcome: +: 471, -: 170, 0: 55
A9-0170/2020 - Michal Šimečka - Visa 25 #
2020/10/06 Outcome: +: 527, -: 127, 0: 43
A9-0170/2020 - Michal Šimečka - Visa 28 #
2020/10/06 Outcome: +: 535, -: 151, 0: 11
A9-0170/2020 - Michal Šimečka - Visa 30 #
2020/10/06 Outcome: +: 533, -: 148, 0: 16
A9-0170/2020 - Michal Šimečka - Visa 34 #
2020/10/06 Outcome: +: 539, -: 141, 0: 16
A9-0170/2020 - Michal Šimečka - Visa 36 #
2020/10/06 Outcome: +: 530, -: 156, 0: 11
A9-0170/2020 - Michal Šimečka - Considérant B/1 #
2020/10/06 Outcome: +: 680, -: 11, 0: 6
A9-0170/2020 - Michal Šimečka - Considérant B/2 #
2020/10/06 Outcome: +: 533, -: 150, 0: 14
A9-0170/2020 - Michal Šimečka - Considérant H/1 #
2020/10/06 Outcome: +: 655, -: 33, 0: 9
A9-0170/2020 - Michal Šimečka - Considérant H/2 #
2020/10/06 Outcome: +: 570, -: 111, 0: 16
A9-0170/2020 - Michal Šimečka - Am 1 #
2020/10/06 Outcome: -: 542, +: 145, 0: 8
A9-0170/2020 - Michal Šimečka - Considérant K #
2020/10/06 Outcome: +: 526, -: 155, 0: 16
A9-0170/2020 - Michal Šimečka - Am 2 #
2020/10/06 Outcome: -: 536, +: 144, 0: 15
A9-0170/2020 - Michal Šimečka - Considérant L #
2020/10/06 Outcome: +: 535, -: 144, 0: 18
A9-0170/2020 - Michal Šimečka - Considérant 7/1 #
2020/10/06 Outcome: +: 521, -: 163, 0: 13
A9-0170/2020 - Michal Šimečka - Considérant 7/2 #
2020/10/06 Outcome: +: 544, -: 141, 0: 12
A9-0170/2020 - Michal Šimečka - § 21 #
2020/10/06 Outcome: +: 517, -: 162, 0: 18
A9-0170/2020 - Michal Šimečka - Résolution #
2020/10/07 Outcome: +: 521, -: 152, 0: 21
| Amendments | Dossier |
| 519 |
2020/2072(INL)
2020/07/17
JURI
89 amendments...
Amendment 1 #
Draft opinion Citation 1 a (new) - whereas the independence, quality and efficiency of national justice systems are crucial for the achievement of effective justice in civil, commercial and administrative cases for citizens and businesses; whereas the EU Justice Scoreboard provides substantive data on these parameters and represents a tool of comparison;
Amendment 10 #
Draft opinion Paragraph 1 1. Considers that the Union mechanism on Democracy, the Rule of Law and Fundamental Rights should primarily aim at envisaging measures to prevent
Amendment 11 #
Draft opinion Paragraph 1 1. Considers that the Union mechanism on Democracy, the Rule of Law and Fundamental Rights should primarily aim at preventing and addressing any threat to any of the Union values enshrined in Article 2 of the Treaty on European Union (TEU) before any clear risk arises in a Member State and Article 7 TEU should be triggered;
Amendment 12 #
Draft opinion Paragraph 1 a (new) 1a. Highlights, once again, that the EU still requires more effective legal instruments to prevent and address threats and violations of the common values, principles and rights enshrined in Article 2 TEU and the Charter of fundamental rights of the European Union; recalls, in this regard, that the European Parliament has already submitted a far-reaching proposal aimed at establishing an objective, impartial, evidence-based and non-discriminatory EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 13 #
Draft opinion Paragraph 1 a (new) 1a. Invites the Commission as Guardian of the Treaties to further substantiate its annual reporting on the application of the Charter by establishing a monitoring exercise and dialogue with the Member States within the framework of the future Mechanism on Democracy, the Rule of Law and Fundamental Rights with the aim of ensuring that national legislative and judicial measures and practices with regards to civil, administrative, commercial and procedural law are aligned with the provisions of the Charter;
Amendment 14 #
Draft opinion Paragraph 1 a (new) 1a. Considers that associations, trade unions, civil society organisations, human rights defenders and national human rights institutions should form an integral part of the process regarding the monitoring of respect for the rule of law and the publication of recommendations by the panel of independent experts;
Amendment 15 #
Draft opinion Paragraph 1 a (new) 1a. Highlights the need to ensure full objectivity when drawing up evaluation metrics and criteria as part of the Mechanism on Democracy, the Rule of Law and Fundamental Rights, in order to prevent the creation of double standards and the concentration of scrutiny on certain Member States for purely political reasons;
Amendment 16 #
Draft opinion Paragraph 1 a (new) Amendment 17 #
Draft opinion Paragraph 1 b (new) 1b. Welcomes the steps undertaken by the Commission to set up a horizontal monitoring system - in the form of a Rule of Law review Cycle - to oversight the respect of the rule of law at the EU level, but calls on the Commission to further develop such proposal under the framework of Article 295 TFEU, as repeatedly requested by the Parliament; considers that such an arrangement wold favour a better coordination among the EU institutions while providing for clear rules in terms of interinstitutional cooperation, tasks and responsibilities;
Amendment 18 #
Draft opinion Paragraph 1 b (new) 1b. Emphasises that the EU Mechanism on Democracy, the Rule of Law and Fundamental Rights should, in accordance with Article 4 of the Treaty on the Functioning of the European Union, be based on respect for Member States’ national identities and fundamental political, constitutional and judicial structures;
Amendment 19 #
Draft opinion Paragraph 1 c (new) 1c. Considers it of paramount importance that the periodic review under the mechanism be based on the inextricable relationship between democracy, the rule of law and fundamental rights, encompassing all the aspects enlisted in Article 7 of the Parliament's proposal for a draft interinstitutional agreement on a European Union Pact on democracy, the rule of law and fundamental rights;
Amendment 2 #
Draft opinion Citation 1 b (new) - whereas according to Article 6 of the Treaty of the European Union, the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union (The Charter), which shall have the same legal value as the Treaties; whereas under the guidance of the European Court of Justice, the Charter is applied by Member States’ judicial authorities only when implementing European legislation, however, it is important for the fostering of a common legal, judicial and rule of law culture that the rights as enshrined in the Charter are always taken into account including in civil and administrative proceedings;
Amendment 20 #
Draft opinion Paragraph 1 d (new) 1d. Calls on the Commission to reconsider its evaluation concerning the establishment of a representative panel of independent experts supporting the drafting of the annual report on democracy, the rules of law and fundamental rights, as a mean to strengthen the actual and perceived objectivity and independence of the periodic assessment;
Amendment 21 #
Draft opinion Paragraph 2 2. Emphasises that an independent and impartial judiciary is an indispensable cornerstone of the rule of law; highlights that the requirement that courts be independent is of the essence to the fundamental right to effective judicial protection and a fair trial and to ensure that all rights deriving from Union law are protected; underlines that judicial independence is integral to judicial decision-making and a requirement resulting from the principle of effective legal protection set out in Article 19 TEU; stresses that every national court is also a European court when applying Union law; is worried that recent attacks on the rule of law have mainly consisted of attempts to jeopardise judicial independence; urges the Commission to use all the instruments at its disposal against any attempt by national governments to endanger the independence of their judiciary and to timely inform Parliament of any such situation; points to the conclusion of the 2020 EU Justice Scoreboard that citizens accurately perceive the interference from government and politician as the main reason for the lack of independence in their respective judicial systems; defends, in this context, that the principle of separation of powers entails that those investigating and deciding on disciplinary sanctions for judges should be appointed in a manner that is free from political influence and that judges who are members of existing national Councils for the Judiciary should be proposed, selected or elected by their peers;
Amendment 22 #
Draft opinion Paragraph 2 2. Emphasises that all public authorities in the Member States must always act within the limits of the law while observing the values arising from fundamental rights in a democracy, under the control of an independent and impartial judiciary system, which is an indispensable cornerstone of the rule of law; highlights that the requirement that courts be independent is of the essence to the fundamental right to effective judicial protection and a fair trial and to ensure that all rights, both material and procedural, deriving from Union law are protected; stresses that every national court is also a European court, and is responsible for both applying Union law and initiating the preliminary reference procedure under Article 267 of the TFEU, with a view to ensuring consistency and uniformity when applying Union law; is worried that recent attacks on the rule of law have mainly consisted of attempts to jeopardise judicial independence and call into question the very legal, political and economic bases of how the European Union works;
Amendment 23 #
Draft opinion Paragraph 2 2. Emphasises that an independent and impartial judiciary is an indispensable cornerstone of the rule of law; highlights that the requirement that courts be independent is of the essence to the fundamental right to effective judicial protection and a fair trial and to ensure that all rights deriving from Union law are protected; reiterates its call to replace the existing partially applicable instruments for monitoring of those matters, such as the Cooperation and Verification Mechanism for Romania and Bulgaria, with a thorough and harmonised analysis applicable to all Member States; stresses that every national court is also a European court when applying Union law; is worried that recent attacks on the rule of law have mainly consisted of attempts to jeopardise judicial independence;
Amendment 24 #
Draft opinion Paragraph 2 2. Emphasises that an independent and impartial judiciary is an indispensable cornerstone of the rule of law; highlights that the requirement that courts and lawyers be independent is of the essence to the fundamental right to effective judicial
Amendment 25 #
Draft opinion Paragraph 2 2. Emphasises that an independent and impartial judiciary is an indispensable cornerstone of the rule of law; highlights that the requirement that courts be independent is of the essence to the fundamental right to effective judicial protection and a fair trial and to ensure that all rights deriving from Union law are protected;
Amendment 26 #
Draft opinion Paragraph 2 2. Emphasises that an independent and impartial judiciary is an indispensable cornerstone of the rule of law; highlights that the requirement that courts be independent is of the essence to the fundamental right to effective judicial protection and a fair trial and to ensure that all rights deriving from Union law are protected; stresses that every national court is also a European court when applying Union law;
Amendment 27 #
Draft opinion Paragraph 2 2. Emphasises that an independent and impartial judiciary is an indispensable cornerstone of the rule of law; highlights that the requirement that courts be independent is of the essence to the fundamental right to effective judicial protection and a fair trial and to ensure that all rights deriving from Union law are protected; stresses that every national court is also a European court when applying Union law, and that the decisions they make must be respected and guaranteed by all other national and European courts; is worried that recent attacks on the rule of law have mainly consisted of attempts to jeopardise judicial independence;
Amendment 28 #
Draft opinion Paragraph 2 2. Emphasises that an independent and impartial judiciary
Amendment 29 #
Draft opinion Paragraph 2 2. Emphasises that an independent and impartial judiciary, including independent and impartial from europhile and integrationist interests, is an indispensable cornerstone of the rule of law; highlights that the requirement that courts be independent is of the essence to the fundamental right to effective judicial protection and a fair trial and to ensure that
Amendment 3 #
Draft opinion Paragraph 1 1. Considers that the Union mechanism on Democracy, the Rule of Law and Fundamental Rights should primarily aim at preventing and addressing any threat to the Union values enshrined in Article 2 of the Treaty on European Union (TEU) before any clear risk arises in a Member State and Article 7 TEU should be triggered; points out that the Union has no legally binding mechanism in place to regularly monitor the compliance of Member States and Union institutions with Union values; considers that the main purpose of any such mechanism should be to prevent and address any clear risk of a serious breach of those values; considers, in this regard, that in any future proposal for an interinstitutional agreement for an Union Pact for DRF, emphasis should be put on preventive and corrective elements.
Amendment 30 #
Draft opinion Paragraph 2 2. Emphasises that an independent and impartial judiciary
Amendment 31 #
Draft opinion Paragraph 2 a (new) 2a. Highlights the importance of the Sibiu Declaration of May 2019, in which the European leaders unanimously committed to continue to protect our way of life, democracy and the rule of law in the European Union; to this end, invites the Commission, the European Council and the Council to prioritise action in this area, particularly in the aftermath of the COVID-19 crisis, which gave rise to autocratic and illiberal tendencies in several Member States;
Amendment 32 #
Draft opinion Paragraph 2 a (new) 2a. Considers that judicial decisions of higher bodies should not be contradicted or challenged by lower judicial bodies of other Member States; stresses that, in order to ensure better judicial cooperation and effectiveness, it is essential to respect the sovereignty and independence of the highest judicial bodies of the Member States given that they are the primary guardians of the rule of law in those countries;
Amendment 33 #
Draft opinion Paragraph 2 a (new) 2a. Underlines that the system of requirements laid down in the context of the rule of law and based on the principle of democracy was originally created and incorporated into the Treaties in order to improve the democratic and efficient functioning of the EU institutions and thus enable them to perform their tasks within a single institutional framework;
Amendment 34 #
Draft opinion Paragraph 2 a (new) 2a. Reminds that the principle of legal certainty is essential to the confidence in the judicial systems and the rule of law. It is also essential to productive business arrangements to generate development and economic progress.
Amendment 35 #
Draft opinion Paragraph 2 b (new) 2b. Emphasises that the European Union should fulfil its role of examining its institutions to see whether their functioning is in compliance with the principle of democracy and the rule of law;
Amendment 36 #
Draft opinion Paragraph 3 3. Highlights that training of justice professionals is essential to the proper implementation and application of Union law and thus to the strengthening of a European common legal culture based on the principles of mutual trust and the rule of law; considers that the upcoming European judicial training strategy must put additional focus on promoting the rule of law
Amendment 37 #
Draft opinion Paragraph 3 3. Highlights that training of justice professionals is essential to the proper implementation and application of Union law and thus to the strengthening of a European common legal culture based on the principles of mutual trust and the rule of law; considers that the upcoming European judicial training strategy must put additional focus on promoting the rule of law and judicial independence and
Amendment 38 #
Draft opinion Paragraph 3 3. Highlights that training of justice professionals is essential to the proper implementation and application of Union law, and th
Amendment 39 #
3. Highlights that training of justice professionals is essential to the proper implementation and application of Union law and thus to the strengthening of a European common legal culture based on the principles of mutual trust and the rule of law; considers that the upcoming European judicial training strategy must put additional focus on promoting the rule of law and judicial independence and include training on skills and non-legal issues so that judges are better prepared to resist undue pressure; in this regard, calls on the Commission to develop common judicial training standards and promote institutional cooperation on judicial training in the EU;
Amendment 4 #
Draft opinion Paragraph 1 1.
Amendment 40 #
Draft opinion Paragraph 3 3. Highlights that training of justice professionals is essential to the proper implementation and application of Union law and thus to the strengthening of a European common legal culture based on the principles of mutual trust and the rule of law; considers that such training must be adequately funded and that the upcoming European judicial training strategy must put additional focus and resources on promoting the rule of law and judicial independence and include training on skills and non-legal issues so that judges are better prepared to resist undue pressure;
Amendment 41 #
Draft opinion Paragraph 3 3. Highlights that training of justice professionals is essential to the proper implementation and application of Union law and thus to the strengthening of a European common legal culture based on the principles of mutual trust and the rule of law; considers that the upcoming European judicial training strategy must put additional focus on promoting the rule of law
Amendment 42 #
Draft opinion Paragraph 3 3. Highlights that training of justice professionals is essential to the proper implementation and application of Union law and thus to the strengthening of a European common legal culture based on the principles of mutual trust and the rule of law; considers that the upcoming European judicial training strategy must put additional focus on promoting the rule of law and judicial independence and
Amendment 43 #
Draft opinion Paragraph 3 a (new) 3a. Stresses the need for adequate funding to train professionals and to ensure the smooth day-to-day running of the judicial system, including measures to guarantee respect for democracy, the rule of law and fundamental rights; urges the Member States to increase their national justice budgets where they do not allow for the smooth day-to-day running of the judicial system, including funds to guarantee dignified detention conditions, combat overpopulation in prisons and provide suitable alternatives to imprisonment;
Amendment 44 #
Draft opinion Paragraph 3 a (new) 3a. Welcomes the fact that, until now, the European networks have played an essential role in promoting exchanges of ideas and good practices within the EU’s judicial system; urges the Commission to identify further measures to support these networks, such as the European Judicial Training Network, so that they can focus on projects that promote the rule of law, particularly in Member States facing these types of problems;
Amendment 45 #
Draft opinion Paragraph 3 a (new) 3a. Condemns all forms of coercion, harassment, pressure, intimidation and/or physical or verbal violence against judges and prosecutors, especially in their private lives, at their homes or in their family settings; considers that judges and lawyers should be able to carry out their duties without public authorities or officials questioning their legitimacy, capability or independence;
Amendment 46 #
Draft opinion Paragraph 3 a (new) 3a. Underlines the importance of promoting knowledge of EU law and the national legal systems, enhancing understanding, trust and cooperation between judges and prosecutors within the Member States as well as strengthening public trust in judicial professionals;
Amendment 47 #
Draft opinion Paragraph 4 4. Observes that considerable differences remain in the level of participation in training across Member States and types of legal professions; calls on the Commission to identify the reasons for those differences and address them in the upcoming European judicial training strategy and to assess the impact of those differences on the independence, quality and efficiency of Member States’ judiciaries; emphasises the need for closer cooperation among the bodies responsible for constitutional supervision; calls on the Commission to identify support measures to promote and strengthen the projects of the Conference of European Constitutional Courts;
Amendment 48 #
Draft opinion Paragraph 4 4. Observes that considerable differences remain in the level of participation in training across Member States and types of legal professions
Amendment 49 #
Draft opinion Paragraph 4 4. Observes that considerable differences remain in the level of participation in training across Member States and types of legal professions; calls on the Commission to identify the reasons for those differences and
Amendment 5 #
Draft opinion Paragraph 1 1. Considers that the Union mechanism on Democracy, the Rule of Law and Fundamental Rights should primarily aim at preventing and addressing any threat to the Union values enshrined in Article 2 of the Treaty on European Union (TEU) before any clear risk of infringement of these values arises in a Member State and Article 7 TEU should be triggered; recalls that failure to adhere to EU values may have a negative impact on the European project itself, particularly when it comes to the fundamental rights of European Union citizens, thereby diminishing mutual trust between Member States;
Amendment 50 #
Draft opinion Paragraph 5 5. Highlights the potential of judicial training for improving the dialogue between national courts and the Court of Justice of the European Union, particularly through the use of references for a preliminary ruling and the interaction
Amendment 51 #
Draft opinion Paragraph 5 5. Highlights the potential of judicial training for improving the dialogue between national courts and the Court of Justice of the European Union, particularly through the use of references for a preliminary ruling and the interaction between the principles of subsidiarity and primacy of Union law; considers that references for a preliminary ruling should be settled as quickly as possible to prevent parties from being left defenceless; to this end, priority should be given to involving lawyers and officials from the country whose court has submitted the issue in order to save time on translating and interpreting documents, evidence, statements, etc.;
Amendment 52 #
Draft opinion Paragraph 5 5. Highlights the potential of judicial training for improving the dialogue between national courts and the Court of Justice of the European Union, particularly through the use of references for a preliminary ruling and the interaction between the principles of subsidiarity and primacy of Union law; emphasises that improving the skills and knowledge of European judges and prosecutors when it comes to identifying and responding to the challenges they face when applying the principle of the rule of law will help to ensure the uniform application of appropriate mechanisms to prevent its infringement;
Amendment 53 #
Draft opinion Paragraph 5 5. Recalls that preliminary rulings clarify the manner in which the law of the European Union is to be applied; considers that recourse to this procedure allows for uniform interpretation and implementation of the European legislation; Highlights the potential of judicial training for improving the dialogue between national courts and the Court of Justice of the European Union, particularly through the use of references for a preliminary ruling and the interaction between the principles of subsidiarity and primacy of Union law;
Amendment 54 #
Draft opinion Paragraph 5 5. Highlights the potential of judicial training of generally accepted international and not merely Euro-centric methods of treaty interpretation for improving the dialogue between national courts and the Court of Justice of the European Union, particularly through the use of references for a preliminary ruling and the interaction between the principles of conferral, of subsidiarity and of the primacy of Union law within its own undisputed sphere of authority;
Amendment 55 #
Draft opinion Paragraph 5 5. Highlights the potential of judicial training for improving the dialogue between national courts and the Court of Justice of the European Union, particularly t
Amendment 56 #
Draft opinion Paragraph 5 a (new) 5a. Points to the conclusion of the 2020 EU Justice Scoreboard that there are still significant differences among Member States regarding the number of pending cases and that the building up of backlogs has increased in some Member States; notes that the protection of the rule of law is dependent on the efficiency of justice systems and that there should not be a two-speed Union when it comes to the delivery of justice;
Amendment 57 #
Draft opinion Paragraph 5 a (new) 5a. Stresses that there is no greater expert on the laws of a Member State than the highest judicial body of that legal order; points out that the Court of Justice of the European Union should not interfere in matters that are an exclusively national competence;
Amendment 58 #
Draft opinion Paragraph 6 Amendment 59 #
Draft opinion Paragraph 6 6. Points to the complementarity that should exist between the EU Justice Scoreboard, which allows for an overview comparison between Member States, and the Annual Monitoring Report on Union Values as an in-depth qualitative mapping of the concrete situation in each Member State; suggests, once again, incorporating the EU Justice Scoreboard within the annual report drafted in the framework of the Union mechanism on Democracy, the Rule of Law and Fundamental Rights;
Amendment 6 #
Draft opinion Paragraph 1 1. Considers that the Union mechanism on Democracy, the Rule of Law and Fundamental Rights should primarily aim at preventing and addressing any threat to the Union values enshrined in Article 2 of the Treaty on European Union (TEU) before any clear risk arises in a Member State and Article 7 TEU should be triggered; believes that the monitoring of respect for the rule of law by the Member States and the publication of recommendations to that end should be based on the work of a panel of qualified, independent and impartial experts;
Amendment 60 #
Draft opinion Paragraph 6 6. Points to the complementarity that should exist between the EU Justice Scoreboard, which allows for an overview comparison between Member States, and the Annual Monitoring Report on Union Values as an in-depth qualitative mapping of the concrete situation in each Member State; calls for the objective use and consideration of EU Justice Scoreboard data, without any discrimination against certain countries in the conclusions of the Annual Monitoring Report.
Amendment 61 #
Draft opinion Paragraph 6 6. Points to the complementarity that should exist between the EU Justice Scoreboard, which allows for an overview comparison between Member States, and the Annual Monitoring Report on Union Values as an in-depth qualitative mapping of the concrete situation in each Member State, and calls on the Commission to present again the anti-corruption reports that have been discontinued since 2016, as a further useful evaluation tool;
Amendment 62 #
Draft opinion Paragraph 6 6. Points to the complementarity that should exist between the EU Justice Scoreboard, which allows for an overview comparison between Member States' judicial systems, and the Annual Monitoring Report on Union Values as an in-depth qualitative mapping of the concrete situation in each Member State;
Amendment 63 #
Draft opinion Paragraph 6 a (new) 6a. Reiterates its call on the Commission to consider linking the Union mechanism on Democracy, the Rule of Law and Fundamental Rights to the proposed regulation on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, in order to strengthen the synergy between the different EU instruments aimed at protecting and promoting the rule of law and fundamental rights;
Amendment 64 #
Draft opinion Paragraph 7 7. Calls on the Commission to assess ICT tools and other means put in place by Member States at the disposal of citizens to facilitate their access to justice, including the possibility to follow court proceedings online, in particular citizens with disabilities or belonging to vulnerable groups, such as national minorities and migrants; in this context, points to the conclusion of the 2020 EU Justice Scoreboard that nationwide data collection across all justice areas is still not possible in all Member States and recalls that having access is a valuable and necessary assessment tool;
Amendment 65 #
Draft opinion Paragraph 7 7. Calls on the Commission to assess ICT tools and other means put in place by Member States at the disposal of citizens to facilitate their access to justice, in particular citizens with disabilities or belonging to vulnerable groups, such as national minorities and migrants, with particular attention to unaccompanied minors; calls on the Commission to monitor the correct application of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings;
Amendment 66 #
Draft opinion Paragraph 7 7. Calls on the Commission to promote faster digitalisation at all levels of the Member States’ judicial systems, to use artificial intelligence as a means of ensuring access to the justice system, and to assess ICT tools and other means put in place by Member States at the disposal of citizens to facilitate their access to justice, in particular citizens with disabilities or belonging to vulnerable groups, such as national minorities and migrants;
Amendment 67 #
Draft opinion Paragraph 7 7. Calls on the Commission to assess ICT tools and other means put in place by Member States at the disposal of
Amendment 68 #
7. Calls on the Commission to assess ICT tools and other means put in place by Member States at the disposal of citizens to facilitate their access to justice, in particular citizens with disabilities or belonging to vulnerable groups
Amendment 69 #
Draft opinion Paragraph 7 7. Calls on the Commission to assess ICT tools and other means put in place by Member States at the disposal of citizens to facilitate their access to justice, in particular citizens with disabilities or belonging to vulnerable groups, such as national minorities
Amendment 7 #
Draft opinion Paragraph 1 1. Considers that the Union mechanism on Democracy, the Rule of Law and Fundamental Rights should primarily aim at preventing
Amendment 70 #
Draft opinion Paragraph 7 7. Calls on the Commission to assess, standardise and simplify ICT tools and other means put in place by Member States at the disposal of citizens to facilitate their access to justice, in particular citizens with disabilities or
Amendment 71 #
Draft opinion Paragraph 7 a (new) 7a. Emphasises the need to ensure that the EU instruments for ensuring the rule of law are consistent and complementary: the EU’s Rule of Law Report, the Justice Scoreboard, which forms the basis for both the EU Rule of Law Report and the Country-Specific Recommendations in the European Semester, the procedures laid down in Article 7 TEU, infringement actions, and the future conditionality of the MFF in relation to the rule of law;
Amendment 72 #
Draft opinion Paragraph 7 b (new) 7b. Believes that the Cooperation and Verification Mechanism for Romania and Bulgaria should be reviewed in the light of the most recent judicial reforms in those two Member States;
Amendment 73 #
Draft opinion Paragraph 7 c (new) 7c. Emphasises the need to replace the Cooperation and Verification Mechanism for Romania and Bulgaria with the EU Rule of Law Report in order to ensure equality among all the EU Member States; considers that the scope and the assessment methodology of the Cooperation and Verification Mechanism and the Mechanism on Democracy, the Rule of Law and Fundamental Rights are similar and would, therefore, lead to discrepancies in terms of the responsibilities of the Member States;
Amendment 74 #
Draft opinion Paragraph 8 8. Calls on the Commission to pay special attention to the implementation in Member States of adequately funded legal aid schemes and to the quality of the legal assistance provided, and to assess any obstacles currently preventing citizens without resources from effectively accessing justice; similarly, calls on the Commission to look at the recoverability of legal fees as it too can be a deterrent when it comes to accessing justice; points to the conclusion of the 2020 EU Justice Scoreboard that legal aid has become less accessible in some Member States over the years; stresses that the availability of legal aid and the level of court fees can have a major impact on access to justice, as well as an dissuasive effect for people in poverty;
Amendment 75 #
Draft opinion Paragraph 8 8. Calls on the Commission to pay special attention to the implementation in Member States of adequately funded legal aid schemes
Amendment 76 #
Draft opinion Paragraph 8 a (new) 8a. Notes that Article 41 EUCFR recognises the right to a good European Union administration; observes that with the development of the competences of the Union, citizens are increasingly confronted with the Union’s institutions, bodies, offices and agencies, without always having their procedural Rights adequately protected; notes that the existing rules and principles on good administration are scattered across a wide variety of sources; stresses that in a Union under the rule of law it is necessary to ensure that procedural Rights and obligations are always adequately defined, developed and complied with; recalls its resolutions of 15 January 2013 and 9 June 2016 for an open, efficient and independent European Union administration; considers that the Union should lead by example and adopt an administrative procedural code and, in this regard, calls once more on the Commission to put forward a proposal for a regulation on administrative procedure for the European Union;
Amendment 77 #
Draft opinion Paragraph 9 a (new) 9a. Condemns any instances where court actions can be abused against the values and rights any legal system is called to protect; urges the Commission to look attentively into any cases where the introduction of court actions and the financial costs they entail for the defendant are being used in Member States for purposes that go against a rule of law culture, like, for instance, the existence of a free and plural media and independent academics, researchers, trade unionists, human rights defenders and civil society organisations; furthermore calls on the Commission to take any action and measures necessary in line with the powers conferred to it by the Treaties in order to end such practices and ensure the accountability of those allowing such practices to occur;
Amendment 78 #
Draft opinion Paragraph 10 10. Stresses that whistleblowers play a critical role in the protection of the rule of law in the EU and the Member States; calls on the Commission to closely monitor the transposition and application of Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law;
Amendment 79 #
Draft opinion Paragraph 11 Amendment 8 #
Draft opinion Paragraph 1 1. Considers that the Union mechanism on Democracy, the Rule of Law and Fundamental Rights should primarily aim at preventing
Amendment 80 #
Draft opinion Paragraph 11 11. Believes that
Amendment 81 #
Draft opinion Paragraph 11 11. Believes that addressing persisting gender and cultural gaps in in the composition and structure of Member States’ judicial systems is necessary to enhance their quality, effectiveness and independence
Amendment 82 #
Draft opinion Paragraph 11 11. Believes that addressing persisting gender and cultural gaps in the composition and structure of Member States’ judicial systems is necessary to enhance their quality, impartiality, effectiveness and independence.
Amendment 83 #
Draft opinion Paragraph 11 11. Believes that addressing persisting gender, ethnic and cultural gaps in in the composition and structure of Member States’ judicial systems is necessary to enhance their quality, effectiveness and independence.
Amendment 84 #
Draft opinion Paragraph 11 11. Believes that addressing persisting gender
Amendment 85 #
Draft opinion Paragraph 11 11. Believes that addressing persisting gender and cultural gaps in the composition and structure of Member States’ judicial systems is necessary to enhance their quality, effectiveness and independence.
Amendment 86 #
Draft opinion Paragraph 11 11. Believes that addressing persisting gender
Amendment 87 #
Draft opinion Paragraph 11 a (new) 11a. Stresses the need to ensure adequate funding for the sectoral ‘Justice’ and ‘Rights and Values’ Programmes in the upcoming multiannual financial framework, as these programmes aim to promote and ensure the development of a common European culture of judicial systems, the rule of law and EU values.
Amendment 88 #
Draft opinion Paragraph 11 a (new) 11a. Points out that professional competence should continue to be the first recruitment criterion for judges, regardless of their ethnic origin or religious beliefs.
Amendment 89 #
Draft opinion Paragraph 11 a (new) 11a. Considers that the EU mechanism on democracy, the rule of law and fundamental rights should be a core element of the conditionality of financial aid for the Member States.
Amendment 9 #
Draft opinion Paragraph 1 1. Considers that the Union mechanism on Democracy, the Rule of Law and Fundamental Rights should primarily aim at preventing and addressing any threat to the Union values enshrined in Article 2 of the Treaty on European Union (TEU) before any clear risk arises in a Member State or in part of a Member State and Article 7 TEU should be triggered;
source: 655.686
2020/07/20
AFCO
93 amendments...
Amendment 1 #
Draft opinion Paragraph -1 (new) -1. Recalls that the EU architecture on the rule of law, democracy and fundamental rights has been in continuous development ever since the creation of the European Community (EC) and that after its introduced in the EC by the jurisprudence of the Court of Justice, it was progressively anchored and strengthened in the Single European Act, the Maastricht Treaty, the Amsterdam Treaty, the Treaty of Nice and the Treaty of Lisbon and that at present respect for the rule of law, democracy and fundamental rights are recognized as the founding values of the Union; whereas this process must be further advanced;
Amendment 10 #
Draft opinion Paragraph 1 1. Considers that the situation with regard of the rule of law, democracy and fundamental rights has substantially deteriorated in a number of Member States, which is deeply regrettable; underlines that the Union is founded on a set of common principles of democracy, the rule of law, and fundamental rights, as enshrined in Article 2 TEU; recalls in particular the importance of upholding the rule of law and the obligation of Member States to ensure effective judicial protection, which is a core value of the Union as a community based on law;
Amendment 11 #
Draft opinion Paragraph 1 a (new) 1 a. Recalls that the EU still has no effective mechanisms to monitor, prevent and put an end to systemic threats to the rule of law and democracy in the Member States; welcomes, in this regard, the Commission communication on further strengthening the Rule of Law within the Union and the actions set out therein; calls on the Commission to implement the proposed rule of law framework without undue delay; considers necessary to put in place sanctions that could be effective, dissuasive and proportionate;
Amendment 12 #
Draft opinion Paragraph 1 a (new) 1 a. Notes the contradiction that whereas future Member States are vetted for their compliance with these values before they accede to the Union, no similar method exists to supervise adherence to these foundational principles after accession in the European Union;
Amendment 13 #
Draft opinion Paragraph 1 b (new) 1 b. Recalls that the accession of the European Union to the European Convention for the protection of Human Rights and Fundamental Freedoms is a legal obligation foreseen under Article 6(2) TEU; recalls that the accession to ECHR will constitute a further step in the process of European integration and will enhance the coherence between the Union and the Council of Europe’s further strengthening the protection of fundamental rights and freedoms within the EU; regrets the lack of progress made so far to fulfil this Treaty obligation; calls on the Commission to step up efforts to respect the Treaties and conclude the negotiations without undue delay;
Amendment 14 #
1 b. Highlights that the lack of monitoring, evaluating and supervisory mechanisms for the EU's legal founding principles would not constitute a problem if Member States adhered to these principles after their accession into the European Union;
Amendment 15 #
Draft opinion Paragraph 1 c (new) 1 c. Acknowledges that the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights must be linked to strengthening democratic functioning in the Union; regrets that previous requests for dialogue with particular governments led to limited solutions only;
Amendment 16 #
Draft opinion Paragraph 1 d (new) Amendment 17 #
Draft opinion Paragraph 1 e (new) 1 e. Demands to strengthen the Court of Justice of the European Union by introducing an instrument of individual complaint for citizens; underlines the need to establish a mechanism for arbitration of constitutional matters; proposes that this topic be debated during the course of the upcoming Conference on the Future of Europe;
Amendment 18 #
Draft opinion Paragraph 2 2. Insists that the Union institutions are to practise mutual sincere cooperation in line with Article 13(2) TEU a
Amendment 19 #
Draft opinion Paragraph 2 2. Insists that the Union institutions are to practise mutual sincere cooperation in line with Article 13(2) TEU and therefore should all pay special respect to comply with it during their functioning and contribute to the defence of the Union values in accordance with the procedures set out in the Treaties
Amendment 2 #
Draft opinion Paragraph -1 a (new) -1 a. Recalls that the EU has codified in its accession criteria that EU membership requires that candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights, respect for and protection of minorities; points out however that the EU lacks effective tools to enforce these criteria once a country has become part of the EU;
Amendment 20 #
Draft opinion Paragraph 2 2. Insists that the Union institutions are to practise mutual sincere cooperation in line with Article 13(2) TEU and therefore should all contribute to the defence of the Union values in accordance with the procedures set out in the Treaties; calls for such activities to be governed by an interinstitutional agreement and calls for
Amendment 21 #
Draft opinion Paragraph 2 2. Insists that the Union institutions are to practise mutual sincere cooperation in line with Article 13(2) TEU and therefore should all contribute to the defence of the Union values in accordance with the procedures set out in the Treaties; calls for such activities to be governed by an interinstitutional agreement
Amendment 22 #
Draft opinion Paragraph 2 2. Insists that the Union institutions are to practise mutual sincere cooperation in line with Article 13(2) TEU and
Amendment 23 #
Draft opinion Paragraph 2 2. Insists that the Union institutions are to practise mutual sincere cooperation in line with Article 13(2) TEU and therefore should all contribute, without political bias, to the defence of the Union values in accordance with the procedures set out in the Treaties; calls for such activities to be governed by an interinstitutional agreement and for existing mechanisms to be consolidated, while setting out detailed assessments of the situations in all Member States, determining preventive and corrective actions;
Amendment 24 #
Draft opinion Paragraph 2 2. Insists that the Union institutions are to practise mutual sincere cooperation in line with Article 13(2) TEU and therefore should all contribute to the defence of the Union values in accordance with the procedures set out in the Treaties;
Amendment 25 #
Draft opinion Paragraph 2 a (new) 2 a. Points out that the principle of rule of law is not only biding for the Member States, but for the institutions of the European Union as well as stated in Article 263 TFEU and in the preamble of the Charter of Fundamental Rights of the European Union, legal certainty, access to justice together with non-discrimination and equality before the law are indispensable cornerstones of rule of law,
Amendment 26 #
Draft opinion Paragraph 2 a (new) 2 a. Proposes that the panel of independent experts consists of one expert appointed by each Member State’s parliament among former constitutional court or supreme court judges, as well as ten experts nominated by academia, civil society and international organisations and appointed by the European Parliament;
Amendment 27 #
Draft opinion Paragraph 2 b (new) 2 b. Underlines that the system of requirements laid down in the context of the rule of law and based on the principle of democracy was originally created and incorporated into the Treaties in order to improve the democratic and efficient functioning of the EU institutions and thus enable them to perform their tasks within a single institutional framework.
Amendment 28 #
Draft opinion Paragraph 2 c (new) 2 c. Emphasises that the European Union should fulfil its role of examining its institutions to see whether their functioning is in compliance with the principle of democracy and the rule of law;
Amendment 29 #
Draft opinion Paragraph 3 Amendment 3 #
Draft opinion Paragraph 1 1. Considers that the situation with regard of the rule of law, democracy and fundamental rights has substantially deteriorated in a number of Member States and the EU itself; recalls in particular the importance of upholding the rule of law and the obligation of Member States to ensure effective judicial protection
Amendment 30 #
Draft opinion Paragraph 3 3. Believes that for effective implementation, in accordance with Article 295 TFEU and their power of self- organisation
Amendment 31 #
Draft opinion Paragraph 3 3. Believes that for effective implementation, in accordance with Article 295 TFEU
Amendment 32 #
Draft opinion Paragraph 3 3. Believes that for effective implementation, in accordance with Article 295 TFEU and their power of self- organisation, the three institutions should establish a joint body responsible for coordinating their cooperation in this field; notes,however, that unnecessary creation of new structures or duplication should be avoided and integration and incorporation of existing instruments should be the preferred option;
Amendment 33 #
Draft opinion Paragraph 3 3. Believes that for effective implementation, in accordance with Article 295 TFEU and their power of self- organisation, the three institutions should establish a joint advisory body responsible for
Amendment 34 #
Draft opinion Paragraph 3 3. Believes that for effective
Amendment 35 #
Draft opinion Paragraph 4 4. Insists that
Amendment 36 #
Draft opinion Paragraph 4 4. Insists that the Annual Monitoring Cycle should be governed by the principles of transparency, impartiality, and equality between Member States, be based on objective evidence and lead to effective and realistic measures; stresses that if the Commission fails to follow these principles and this tool ends up being used to put pressure on Member states to join the political agenda of the main European political parties, it will lose its credibility;
Amendment 37 #
Draft opinion Paragraph 4 4. Insists that the Annual Monitoring Cycle should be governed by the principles of transparency, impartiality, and equality between Member States, be based on objective evidence and lead to effective
Amendment 38 #
Draft opinion Paragraph 4 4. Insists that the Annual Monitoring Cycle should be governed by the principles of transparency, impartiality, and equality between Member States, be based on objective evidence and lead to effective and realistic measures; believes in this regard, that the assessment should be carried out by an independent panel of experts and that its findings should be made public;
Amendment 39 #
Draft opinion Paragraph 4 4. Insists that the Annual Monitoring Cycle should be governed by the principles of transparency, impartiality, and equality between Member States, be based on objective evidence from the assessment of the panel of independent experts and lead to effective
Amendment 4 #
Draft opinion Paragraph 1 1.
Amendment 40 #
Draft opinion Paragraph 4 4. Insists that the Annual Monitoring Cycle should be governed, at all its stages, by the principles of transparency, impartiality, and equality between Member States, be based on objective evidence, protected from any malicious disinformation strategy and lead to effective and realistic measures;
Amendment 41 #
Draft opinion Paragraph 4 4. Insists that the Annual Monitoring Cycle should be governed by the principles of transparency, impartiality, and equality between Member States, be based on objective evidence and lead to effective and realistic
Amendment 42 #
Draft opinion Paragraph 4 4. Insists that the Annual Monitoring Cycle should be governed by the principles of transparency, impartiality, and equality between Member States, be based on objective evidence and measurable indicators and criteria and lead to effective and
Amendment 43 #
Draft opinion Paragraph 4 4. Insists that
Amendment 44 #
Draft opinion Paragraph 4 a (new) 4 a. Recalls that while in the EU legal framework the rule of law is explicitly mentioned as a value which is common to the EU and its Member States (Article 2 TEU), the EU Treaties do not provide a definition of the notion; points out that the rule of law is a complex and in many aspects vague concept and therefore the setup of the Annual Monitoring Cycle would require a consensus on the principles of the rule of law common to all Member States; considers that the strict minimum of the meaning of the rule of law is a system where laws are applied and enforced and that in the definition of the concept the Commission should use a broad definition, drawing on principles set out in the case law of the European Court of Justice and the European Court of Human Rights as well as the principles expressed by the Venice Commission;
Amendment 45 #
Draft opinion Paragraph 4 a (new) 4 a. Notes that any monitoring of rule of law should respect the national identity and constitutional structure of the Member States as endorsed by the Treaties (Article 4 (2) TEU);
Amendment 46 #
Draft opinion Paragraph 4 b (new) 4 b. Stresses that the rule of law is intrinsically linked to respect for democracy and for fundamental rights and that therefore the three principles must be jointly monitored;
Amendment 47 #
Draft opinion Paragraph 5 Amendment 48 #
Draft opinion Paragraph 5 5. Believes that
Amendment 49 #
Draft opinion Paragraph 5 5. Believes that, both in the process of establishment of the Interinstitutional Agreement
Amendment 5 #
Draft opinion Paragraph 1 1. Considers that the situation with regard of the rule of law, democracy and fundamental rights has substantially deteriorated in
Amendment 50 #
Draft opinion Paragraph 5 5. Believes that, both in the process of establishment of the Interinstitutional Agreement and in the operation of the Annual Monitoring Cycle, the institutions should, in accordance with Article 11 TEU, maintain an open dialogue with representative
Amendment 51 #
Draft opinion Paragraph 5 5. Believes that, both in the process of establishment of the Interinstitutional Agreement and in the operation of the Annual Monitoring Cycle, the institutions should, in accordance with Article 11 TEU, maintain an open dialogue with representative stakeholders; the Annual Monitoring Cycle should therefore provide for compulsory consultations with organised civil society at all stages of the Annual Monitoring Cycle, and their views and contributions should be made public in that process; suggests the European Ombudsman and other EU bodies contribute with input to the independent panel of experts where relevant;
Amendment 52 #
Draft opinion Paragraph 5 5. Believes that, both in the process of establishment of the Interinstitutional Agreement and in the operation of the
Amendment 53 #
Draft opinion Paragraph 5 5. Believes that, both in the process of establishment of the Interinstitutional Agreement and in the operation of the Annual Monitoring Cycle, the institutions should, in accordance with Article 11 TEU, maintain an open dialogue with representative stakeholders; the Annual Monitoring Cycle should therefore provide for compulsory consultations with organised civil society, and their views and contributions should be
Amendment 54 #
Draft opinion Paragraph 5 5. Believes that, both in the process of establishment of the Interinstitutional Agreement and in the operation of the Annual Monitoring Cycle, the institutions should, in accordance with Article 11 TEU, maintain an open dialogue with representative and impartial stakeholders; the Annual Monitoring Cycle should therefore provide for compulsory and open consultations with organised civil society, and their views and contributions should be made public in that process;
Amendment 55 #
Draft opinion Paragraph 5 – subparagraph 1 (new) Stresses that the Council of Europe plays a crucial role in monitoring the respect of fundamental rights and the rule of law in Europe. Insists therefore that consultations with the Council and foremost the Venice Commission should take place on a regular basis and that their assessment should inform the evaluations and recommendations of the new joint monitoring mechanism.
Amendment 56 #
Draft opinion Paragraph 5 a (new) 5 a. Points out that in the case of Romania and Bulgaria a Cooperation and Verification Mechanism (CVM) was set up when they joined the EU on 1January 2007 as a transitional measure to assist the two countries to remedy shortcomings in the fields of judicial reform, corruption and organised crime and that 13 years after their accession the mechanism is still applied in case of both counties; considers that the Annual Monitoring Cycle, which would apply equally to all member States of the European Union should replace the CVM; considers that the benchmarks set up by the European Commission for assessing progress within the CVM could be used within the framework of the Annual Monitoring Cycle;
Amendment 57 #
Draft opinion Paragraph 6 6. Recognises that in
Amendment 58 #
Draft opinion Paragraph 6 6. Recognises that in the Annual
Amendment 59 #
Draft opinion Paragraph 6 6. Recognises that in the Annual Monitoring Cycle, the Member States should be given an opportunity to present their positions in full, while not hampering the efficiency of the procedure; underlines the importance of Member States' active and responsible approach to the Annual Monitoring Cycle;
Amendment 6 #
Draft opinion Paragraph 1 1. Considers that the situation with regard of the rule of law, democracy and fundamental rights has substantially deteriorated in a number of Member States; notes that the COVID-19pandemic has been used to limit citizens’ rights and fundamental freedoms as embedded in the Charter of fundamental rights of the EU, including unjustified censorships, fuelling discrimination, disinformation and hate speech; recalls in particular the importance of
Amendment 60 #
Draft opinion Paragraph 6 6. Recognises that
Amendment 61 #
Draft opinion Paragraph 6 6. Recognises that in the Annual Monitoring Cycle, the Member States should be given
Amendment 62 #
Draft opinion Paragraph 6 a (new) 6 a. Notes that the Member States are the Masters of the Treaties, any debate regarding the reform of the monitoring mechanisms should only be conducted during the Conference on the Future of Europe, monitoring of rule of law should be negotiated with the Member States accordingly, takes the view that the Article 7 TEU procedure is the only procedure available under the Treaties to safeguard the rule of law and no complementary and preventive Union mechanism can be put forward by the EU institutions; underlines that any monitoring of rule of law shall respect the principles of objectivity, non- discrimination, equal treatment, with a non-partisan and evidence-based approach;
Amendment 63 #
Draft opinion Paragraph 6 a (new) 6 a. Highlights that in order to ensure success in defence of EU values, appropriate financial support should be established to civil society organisations which defend the democracy, rule of law and fundamental rights both at national and regional levels, as provided in the proposal of the Regulation on the Rights and Values programme, as well as overall support be given to individuals reporting breaches of the EU values.
Amendment 64 #
Draft opinion Paragraph 7 Amendment 65 #
Draft opinion Paragraph 7 Amendment 66 #
Draft opinion Paragraph 7 Amendment 67 #
Draft opinion Paragraph 7 Amendment 68 #
Draft opinion Paragraph 7 7. Insists that the Annual Monitoring Cycle be fully integrated with the Regulation on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States1 , linking budget transfers to the results of the monitoring process, while protecting the legitimate interests of the final recipients and beneficiaries of Union funds; considers necessary that, the afore mentioned Regulation, includes sufficiently defined and measurable criteria and indicators to assess breaches of the rule of law and trigger sanctions; _________________ 1Proposal for a Regulation on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States COM/2018/324 final
Amendment 69 #
Draft opinion Paragraph 8 Amendment 7 #
Draft opinion Paragraph 1 1. Considers that the situation with regard of the rule of law, democracy and fundamental rights has substantially deteriorated in a number of Member States;
Amendment 70 #
8. Considers that
Amendment 71 #
Draft opinion Paragraph 8 8. Considers that the assessment carried out in the context of the Annual Monitoring Cycle should
Amendment 72 #
Draft opinion Paragraph 8 8. Considers that the assessment carried out in the context of the Annual Monitoring Cycle should inform Commission decisions about whether to launch systemic infringement procedures;
Amendment 73 #
Draft opinion Paragraph 9 Amendment 74 #
Draft opinion Paragraph 9 Amendment 75 #
Draft opinion Paragraph 9 9. Insist that, regardless of the annual cycle, while considering the gravity of the possible consequences of rule of law violations and the scale of its effects, a special procedure for urgent cases of violation of Union values should be considered in case where the EU institutions have disregarded the limits of their powers under the EU Treaties;
Amendment 76 #
Draft opinion Paragraph 9 9. Insist that, regardless of the annual cycle, while considering the gravity of the possible consequences of democracy, rule of law and fundamental rights violations and the scale of its effects, a
Amendment 77 #
Draft opinion Paragraph 9 9. Insist that, regardless of the annual cycle, while considering the gravity of the
Amendment 78 #
Draft opinion Paragraph 9 9. Insist that, regardless of the annual cycle,
Amendment 79 #
Draft opinion Paragraph 9 9. Insist that, regardless of the annual cycle, while considering the gravity of the possible consequences of rule of law, democracy and fundamental rights violations and the scale of its effects,
Amendment 8 #
Draft opinion Paragraph 1 1. Considers that the situation with
Amendment 80 #
Draft opinion Paragraph 10 Amendment 81 #
Draft opinion Paragraph 10 Amendment 82 #
Draft opinion Paragraph 10 10. Underlines furthermore that while considerable delay in rendering judgments, in particular in the rule of law-related cases, may result in irreversible and severe harm caused by rule of law backsliding, more consideration should be given to strengthening the Court of Justice of the European Union’s potential and role in defending the rule of law; considers that such an option could be to provide for an accelerated procedure in all such cases, systematically applying interim relief; further recalls the Union has a legal obligation under Article 6(2) TEU to access the European Convention on Human Rights; reiterates the need for a swift conclusion of the process in order to ensure a consistent framework for human rights protection throughout Europe and achieve coherence between the European Union and the Council of Europe’s human rights system;
Amendment 83 #
Draft opinion Paragraph 10 10. Underlines furthermore that while considerable delay in rendering judgments, in particular in the rule of law-related cases, may result in irreversible and severe
Amendment 84 #
Draft opinion Paragraph 10 a (new) 10 a. Stresses that any mechanism is incomplete without positive incentives such us concrete funding to support civil society organisations working on advancing fundamental rights, the rule of law and democratic principles; emphasises the importance of upholding the Union Values Strand in the Rights and Values programme in the MFF 2021- 2027;
Amendment 85 #
Draft opinion Paragraph 10 b (new) 10 b. Calls to use the revision of the mandate of the Fundamental Rights Agency with a view to strengthening its ability to act in defence of the values enshrined in Article 2 TEU, such us providing assistance and expertise on draft EU legislation on its own initiative and not only when it is formally requested;
Amendment 86 #
Draft opinion Paragraph 11 11. Highlights that the Conference on the Future of Europe provides a momentum
Amendment 87 #
Draft opinion Paragraph 11 11. Highlights that the Conference on the Future of Europe provides a momentum for better understanding the
Amendment 88 #
Draft opinion Paragraph 11 11. Highlights that the Conference on the Future of Europe provides a momentum for better understanding the need to protect Union values in this context
Amendment 89 #
Draft opinion Paragraph 11 11. Highlights that the Conference on the Future of Europe provides a momentum for better understanding the need to protect Union values in this
Amendment 9 #
Draft opinion Paragraph 1 1. Considers that the situation with regard of the rule of law, democracy and fundamental rights has substantially deteriorated in a number of Member States; recalls in particular the importance of upholding the rule of law, democracy and fundamental rights and the obligation of Member States to ensure effective judicial protection, which is a core value of the Union as a community based on law;
Amendment 90 #
Draft opinion Paragraph 11 11.
Amendment 91 #
Draft opinion Paragraph 11 11. Highlights that the Conference on the Future of Europe provides a momentum for better understanding the need to protect
Amendment 92 #
Draft opinion Paragraph 11 11. Highlights that the Conference on the Future of Europe provides a momentum for better understanding the need to protect Union values in this context; underlines that the Conference on the Future of Europe will bring new impetus to European discussion on strengthening European democracy; therefore, in the event of Treaty changes being made in the future, the effectiveness of the Article 7 procedure should be enhanced by removing the requirement for unanimity and reinforcing the sanction mechanism;
Amendment 93 #
Draft opinion Paragraph 11 11.
source: 655.681
2020/07/27
LIBE
337 amendments...
Amendment 1 #
Motion for a resolution Citation 2 — having regard, in particular, to Article 2, Article 3(1), the second subparagraph of Article 3(3), Article 4(3) and Articles 5, 6, 7 and 11 of the Treaty on European Union,
Amendment 10 #
— having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the European Court of Human Rights, the conventions, recommendations, resolutions and reports of the Parliamentary Assembly, the Committee of Ministers, the Human Rights Commissioner, the European Commission Against Racism and Intolerance, the recently-formed Steering Committee on Anti-Discrimination, Diversity and Inclusion and the Venice Commission of the Council of Europe,
Amendment 100 #
Motion for a resolution Recital F F. whereas any monitoring mechanism must closely involve all stakeholders active in the implementation, protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities, etc.;
Amendment 101 #
Motion for a resolution Recital F F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and national and local authorities;
Amendment 102 #
Motion for a resolution Recital F F. whereas any monitoring mechanism
Amendment 103 #
Motion for a resolution Recital F a (new) Fa. whereas many so-called civil society organisations allegedly dedicated to the protection and promotion of democracy, the rule of law and fundamental rights are actually ultimately pursuing political goals and therefore should not be considered as legitimate and independent stakeholders and should not be eligible for Union funds; whereas the activities of those organisations can often be described as foreign political interference;
Amendment 104 #
Motion for a resolution Recital F a (new) Fa. whereas the new EU Mechanism on Democracy, the Rule of Law and Fundamental Rights must be based on clear and objective indicators in order to ensure an equal treatment to all Member States;
Amendment 105 #
Motion for a resolution Recital F a (new) Fa. whereas institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society at all levels;
Amendment 106 #
Motion for a resolution Recital F b (new) Fb. whereas formal independence of the justice system can be undermined through political means if governments try to influence decisions and actions, both privately or through the media;
Amendment 107 #
Motion for a resolution Recital G G. whereas Parliament, the Commission and the Council share political responsibility for upholding Union values, within the limits of the powers conferred on them by the Treaties;
Amendment 108 #
Motion for a resolution Recital G a (new) Ga. whereas it is necessary to strengthen and streamline existing mechanisms and develop an effective mechanism to ensure that the principles and values enshrined in the Treaties are upheld throughout the Union;
Amendment 109 #
Motion for a resolution Recital G a (new) Ga. whereas the accession by the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is an obligation under Article 6(2) TEU;
Amendment 11 #
Motion for a resolution Citation 10 a (new) - having regard to the United Nations Convention against Corruption;
Amendment 110 #
Motion for a resolution Paragraph 1 1. emphasises the urgent need for the Union to develop a robust and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens; insists that the Union must remain a champion of freedom and justice in Europe and the world but stresses that in order to be so, the Union needs to have a much higher standard on the defence of democracy and human rights inside the Union and regrets that some Member States refuse to comply with human rights resolutions issued by international bodies;
Amendment 111 #
Motion for a resolution Paragraph 1 1.
Amendment 112 #
Motion for a resolution Paragraph 1 1.
Amendment 113 #
Motion for a resolution Paragraph 1 1. emphasises the urgent need for the Union to develop a robust and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens, including for people belonging to minorities;
Amendment 114 #
Motion for a resolution Paragraph 1 1. Emphasises the urgent need for the Union to develop a robust and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens; insists that the Union must remain a champion of
Amendment 115 #
Motion for a resolution Paragraph 1 1. emphasises the urgent need for the Union to develop a robust, comprehensive and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all
Amendment 116 #
Motion for a resolution Paragraph 1 1. emphasises the urgent need for the Union to develop a robust and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens and persons on its territory; insists that the Union must remain a champion of freedom and justice in Europe and the world;
Amendment 117 #
Motion for a resolution Paragraph 1 1. Emphasises the urgent need for the Union to develop a robust and positive agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens; insists that the Union must remain a champion of freedom, security and justice in Europe and the world;
Amendment 118 #
Motion for a resolution Paragraph 1 1. emphasises the urgent need for the Union to develop
Amendment 119 #
Motion for a resolution Paragraph 1 a (new) 1a. regrets the growing and concerning use of the procedure provided for in Article 7 TEU for political and ideological purposes;
Amendment 12 #
Motion for a resolution Citation 10 b (new) Amendment 120 #
Motion for a resolution Paragraph 2 Amendment 121 #
Motion for a resolution Paragraph 2 2.
Amendment 122 #
Motion for a resolution Paragraph 2 2. warns that
Amendment 123 #
Motion for a resolution Paragraph 2 2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States;
Amendment 124 #
Motion for a resolution Paragraph 2 2.
Amendment 125 #
Motion for a resolution Paragraph 2 2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long-
Amendment 126 #
Motion for a resolution Paragraph 2 2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the protection of fundamental rights of all its citizens, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 127 #
Motion for a resolution Paragraph 2 2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the functioning of its single market, the effectiveness of its common policies, the protection of its citizen’s fundamental rights and its international credibility;
Amendment 128 #
Motion for a resolution Paragraph 2 2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the
Amendment 129 #
Motion for a resolution Paragraph 2 a (new) 2a. reiterates that the Charter of Fundamental Rights of the European Union should continue to apply, and the rule of law should be respected, at all times, including during emergency situations such as the COVID-19 outbreak, and that emergency measures taken at national or Union level should be in line with the rule of law, be strictly proportionate and necessary to the exigencies of the situation, limited in time and subject to regular scrutiny to ensure conformity with the Treaties;
Amendment 13 #
Motion for a resolution Citation 11 Amendment 130 #
Motion for a resolution Paragraph 3 3. rec
Amendment 131 #
Motion for a resolution Paragraph 3 3. recognises that the Union remains structurally ill-equipped to tackle democratic, fundamental rights and rule of law backsliding and breaches in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the failure by the Council to apply Article 7 TEU effectively is in fact enabling continued divergence from the values provided for in Article 2 TEU; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 132 #
Motion for a resolution Paragraph 3 3. Recognises that the Union
Amendment 133 #
Motion for a resolution Paragraph 3 3. recognises that the Union remains structurally ill-equipped to tackle
Amendment 134 #
Motion for a resolution Paragraph 3 3. Recognises that the Union remains structurally ill-equipped to tackle
Amendment 135 #
Motion for a resolution Paragraph 3 3. recognises that the Union remains structurally ill-equipped to tackle democratic and rule of law backsliding in the Member States; regrets th
Amendment 136 #
Motion for a resolution Paragraph 3 3. recognises that the Union remains structurally ill-equipped to tackle democratic and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field and believes that a new instrument must be put in place which does not depend on the unanimity of Member States;
Amendment 137 #
Motion for a resolution Paragraph 3 3. recognises that the Union remains structurally ill-equipped to tackle democratic and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures;
Amendment 138 #
3. recognises that the Union remains structurally ill-equipped to tackle democratic
Amendment 139 #
Motion for a resolution Paragraph 3 3. recognises that the Union remains structurally ill-equipped to tackle democratic, fundamental rights and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that field;
Amendment 14 #
Motion for a resolution Citation 12 Amendment 140 #
Motion for a resolution Paragraph 3 3. Recognises that the Union remains structurally ill-equipped to tackle threats to democra
Amendment 141 #
Motion for a resolution Paragraph 3 3. recognises that the Union
Amendment 142 #
Motion for a resolution Paragraph 3 a (new) 3a. Recalls that the Union still has no effective mechanisms to monitor, prevent and put an end to systemic threats to the rule of law and democracy in the Member States; welcomes as a meaningful first step the Commission communication on further strengthening the Rule of Law within the Union and the actions set out therein; calls on the Commission to implement the proposed rule of law framework without undue delay; considers it necessary to put in place sanctions that could be effective, dissuasive and proportionate to effectively prevent breaches of rule of law within the Union;
Amendment 143 #
Motion for a resolution Paragraph 3 a (new) 3a. highlights that the mechanism should serve as an objective, evidence- based tool assessing Member States on equal footing respecting the principles of subsidiarity, necessity and proportionality;
Amendment 144 #
Motion for a resolution Paragraph 3 b (new) 3b. Recalls that the accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is a legal obligation under Article 6(2) TEU; recalls that the accession to that convention would constitute a further step in the process of European integration and would enhance the coherence between the Union and the Council of Europe’s further strengthening the protection of fundamental rights and freedoms within the Union; regrets the lack of progress made so far to fulfil this Treaty obligation; calls on the Commission to step up efforts to respect the Treaties and conclude the negotiations without undue delay;
Amendment 145 #
Motion for a resolution Paragraph 4 4. regrets that its resolution of 25 October 2016 was not welcomed by the Commission and the Council despite the urgent need to protect Union values; welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights
Amendment 146 #
Motion for a resolution Paragraph 4 4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights;
Amendment 147 #
Motion for a resolution Paragraph 4 4.
Amendment 148 #
Motion for a resolution Paragraph 4 4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; underlines with concern that vulnerable groups, including women, Roma and LGBTI persons, continue not seeing their rights fully respected in some Member States and are not fully protected from hate and discrimination, in disregard of Union values as provided for in Article 2 TEU; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agenda;
Amendment 149 #
Motion for a resolution Paragraph 4 4. welcomes the Commission’s work on the Annual Rule of Law Report; welcomes that besides the rule of law, corruption and media freedom is part of the annual assessment; notes, however, that it fails to encompass the most of the areas of democracy and fundamental rights; particularly regrets that the freedom of association and the shrinking space of civil society is not incorporated in the procedure; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agenda;
Amendment 15 #
Motion for a resolution Citation 13 Amendment 150 #
Motion for a resolution Paragraph 4 4. welcomes the Commission’s work on the Annual Rule of Law
Amendment 151 #
Motion for a resolution Paragraph 4 4.
Amendment 152 #
Motion for a resolution Paragraph 4 4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for
Amendment 153 #
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of all Union values becomes a permanent and visible part of the Union agenda;
Amendment 154 #
Motion for a resolution Paragraph 4 a (new) 4a. Strongly reiterates its call on the Commission to treat attempts by Member State governments to damage media freedom and pluralism as constituting a serious and systematic abuse of powers and as going against the fundamental values of the Union enshrined in Article 2 TEU; welcomes, therefore, the Commission’s intention to include a specific chapter on monitoring media freedom and pluralism in its Annual Report on the Situation of the Rule of Law within the EU; further calls for the inclusion of country-specific recommendations and effective responses as well as an assessment of the transparency of ownership and government interference in the Member States to be included in this chapter; urges the Commission to take into account the impact of the emergency measures taken in 2020 in the context of the COVID-19 pandemic on press freedom, media pluralism and safety of journalists;
Amendment 155 #
Motion for a resolution Paragraph 5 Amendment 156 #
Motion for a resolution Paragraph 5 5.
Amendment 157 #
Motion for a resolution Paragraph 5 5. proposes the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (the ‘Mechanism’), building on Parliament’s 2016 proposal and the Commission’s 2020 Rule of Law Report, to be governed by an interinstitutional agreement between Parliament, the Council and the Commission, consisting of an Annual Monitoring Cycle on Union values, covering all aspects of Article 2 TEU, and applying equally, objectively and fairly to all Member States while respecting the principles of subsidiarity, proportionality and necessity;
Amendment 158 #
Motion for a resolution Paragraph 5 5. proposes the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (the ‘Mechanism’), building on Parliament’s 2016 proposal and the Commission’s 2020 Rule of Law Report, to be governed by an interinstitutional agreement between Parliament, the Council and the Commission, consisting of an Annual Monitoring Cycle on Union values, covering all aspects of Article 2 TEU, and applying equally, objectively and fairly to all Member States to ensure there are no double standards due to political interests;
Amendment 159 #
Motion for a resolution Paragraph 5 5. Proposes the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (the ‘Mechanism’), building on Parliament’s 2016 proposal and the Commission’s 2020 Rule of Law Report, to be governed by an interinstitutional agreement between Parliament, the Council and the Commission, consisting of an Annual Monitoring Cycle on Union values, covering all aspects of Article 2 TEU,
Amendment 16 #
Motion for a resolution Citation 14 Amendment 160 #
Motion for a resolution Paragraph 6 Amendment 161 #
Motion for a resolution Paragraph 6 6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures that the Commission would need to apply automatically as the violations occur; highlights, the importance of the annual monitoring cycle in order to prevent possible violations of the rule of law and democracy within the Union before they actually occur;
Amendment 162 #
Motion for a resolution Paragraph 6 6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to
Amendment 163 #
Motion for a resolution Paragraph 6 6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures; notes that in such cases in particular, the lack of implementation of the recommendations from international institutions other than the Union, such as the United Nations, the European Court of Human Rights or the Council of Europe, must be fully taken into account;
Amendment 164 #
Motion for a resolution Paragraph 6 6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports and calls on the Commission to present again the anti-corruption reports that have been discontinued since 2016, as a further useful evaluation tool; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures;
Amendment 165 #
Motion for a resolution Paragraph 6 6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures, in particular expedited infringement procedures and applications for interim measures before the Court of Justice, as well as budgetary tools;
Amendment 166 #
Motion for a resolution Paragraph 6 6. underlines that the Annual Monitoring Cycle must be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States, contain country-
Amendment 167 #
Motion for a resolution Paragraph 6 6. Underlines that the Annual Monitoring Cycle must contain
Amendment 168 #
Motion for a resolution Paragraph 6 6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures, including procedures under Article 7 TEU, infringement procedures and budgetary tools;
Amendment 169 #
Motion for a resolution Paragraph 6 6. Underlines that the Annual Monitoring Cycle must contain concrete country-
Amendment 17 #
Motion for a resolution Citation 15 Amendment 170 #
Motion for a resolution Paragraph 6 6. Underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports;
Amendment 171 #
Motion for a resolution Paragraph 6 6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures, including financial measures;
Amendment 172 #
Motion for a resolution Paragraph 6 6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete
Amendment 173 #
Motion for a resolution Paragraph 6 a (new) 6a. Takes the view that an ambitious Mechanism should also aim at effectively upholding press freedom and media pluralism thus leading to concrete improvements for journalists and the media sector;
Amendment 174 #
Amendment 175 #
Motion for a resolution Paragraph 7 Amendment 176 #
Motion for a resolution Paragraph 7 7. points out that the Mechanism should consolidate and supersede existing instruments for monitoring, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and
Amendment 177 #
Motion for a resolution Paragraph 7 7. Points out that the Mechanism should consolidate and supersede existing instruments, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including infringement procedures under Article 7 TEU
Amendment 178 #
Motion for a resolution Paragraph 7 Amendment 179 #
Motion for a resolution Paragraph 7 7. points out that the Mechanism should consolidate and supersede existing
Amendment 18 #
Motion for a resolution Citation 16 Amendment 180 #
Motion for a resolution Paragraph 7 7. points out that the Mechanism should consolidate and supersede existing instruments, avoiding unnecessary duplication of existing structures and instruments; calls for the integration and incorporation of existing tools, in particular the Annual Rule
Amendment 181 #
Motion for a resolution Paragraph 7 7. Points out that the Mechanism should consolidate and supersede existing instruments, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of
Amendment 182 #
Motion for a resolution Paragraph 7 7. points out that the Mechanism should consolidate and supersede existing instruments, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and
Amendment 183 #
Motion for a resolution Paragraph 7 7. points out that the Mechanism should consolidate and supersede existing instruments, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including
Amendment 184 #
Motion for a resolution Paragraph 7 a (new) 7a. stresses that roles and prerogatives of respective institutions within the available procedures must be respected;
Amendment 185 #
Motion for a resolution Paragraph 8 Amendment 186 #
Motion for a resolution Paragraph 8 8. recalls the indispensable role played by civil society, national human rights institutions, equality bodies and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; points out to the need to provide protection to reporting actors where necessary, as well as sufficient funding to provide the impartial and expert data that is needed to balance governments’ views; stresses in that regard the need for a functioning civil society throughout the Union and calls for the creation of the European statute for associations and non-profit organisation; points out that the accreditation status of national human rights institutions and equality bodies and the space for civil society
Amendment 187 #
Motion for a resolution Paragraph 8 8. recalls the indispensable role played by civil society, human rights defenders, equality bodies, national human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation and stresses the need to provide protection to reporting actors where necessary, as well as sufficient funding to provide the impartial and expert data that is needed to balance governments’ views; points out that the accreditation status of equality bodies, national human rights institutions and the space for civil society, as well as the protection provided to human rights defenders, may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;
Amendment 188 #
Motion for a resolution Paragraph 8 8. recalls the indispensable role played by civil society, national human rights institutions, human rights defenders, associations which are responsible for the support of the judiciary in the independent delivery of justice and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating and contributing to monitor implementation; points out that the
Amendment 189 #
Motion for a resolution Paragraph 8 8. recalls the indispensable role played by civil society, national and regional human
Amendment 19 #
Motion for a resolution Citation 17 Amendment 190 #
Motion for a resolution Paragraph 8 8. Recalls the indispensable role played by civil society, national human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation;
Amendment 191 #
Motion for a resolution Paragraph 8 8. recalls the indispensable role played by civil society, national human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; points out that the accreditation status of national human rights institutions and the space for civil society may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle; reiterates its call on the Commission to provide an adequate European funding to the civil society, particularly though the Citizens, Equality, Rights and Values programme;
Amendment 192 #
Motion for a resolution Paragraph 8 8. recalls the indispensable role played by civil society, academia, national human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; recalls to that end that adequate funding at both national and Union level is necessary to support them; points out that the accreditation status of national human rights institutions and the space for civil society may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public
Amendment 193 #
Motion for a resolution Paragraph 8 8. recalls the indispensable role played by civil society, equality bodies and national human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; points out that the accreditation status of equality bodies, national human rights institutions and the space for civil society, as well as the protection provided to human rights defenders, may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;
Amendment 194 #
Motion for a resolution Paragraph 8 Amendment 195 #
Motion for a resolution Paragraph 8 a (new) 8a. highlights the importance of raising awareness among the general public on the existing rule of law standards through reinforced cooperation with international institutions such as the Council of Europe and through the development of inter- parliamentary cooperation and dialogue;
Amendment 196 #
Motion for a resolution Paragraph 9 9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiterates the call for Parliament to be
Amendment 197 #
Motion for a resolution Paragraph 9 9. reaffirms the limited role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values;
Amendment 198 #
Motion for a resolution Paragraph 9 9. Reaffirms the role of Parliament, in
Amendment 199 #
Motion for a resolution Paragraph 9 9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values;
Amendment 2 #
Motion for a resolution Citation 4 — having regard to
Amendment 20 #
Motion for a resolution Citation 18 Amendment 200 #
Motion for a resolution Paragraph 9 9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in
Amendment 201 #
Motion for a resolution Paragraph 9 9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiterates the call for Parliament to be present in Article 7 hearings
Amendment 202 #
Motion for a resolution Paragraph 9 a (new) 9a. Recalls that respecting the rights of minorities is an integral and essential part of the values of the Union as set out in Article 2 TEU; reminds that by respecting the rights of minorities the Union also protects its cultural and linguistic diversity and safeguards its cultural heritage, as foreseen in Article 3 TEU; stresses therefore that the protection of minorities must form an essential part of the Annual Monitoring Cycle;
Amendment 203 #
Motion for a resolution Paragraph 10 Amendment 204 #
Motion for a resolution Paragraph 10 10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend its constitutional core will require Treaty change; looks forward to the reflection and conclusions of the
Amendment 205 #
Motion for a resolution Paragraph 10 10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend its constitutional core will require Treaty change;
Amendment 206 #
Motion for a resolution Paragraph 10 10. Is of the view that
Amendment 207 #
Motion for a resolution Paragraph 10 10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend its constitutional core will require deepening the European integration and a Treaty change; looks forward to the reflection and conclusions of the Conference on the Future of Europe in that regard;
Amendment 208 #
Motion for a resolution Paragraph 10 10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend
Amendment 209 #
Motion for a resolution Paragraph 10 10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend its constitutional core
Amendment 21 #
Motion for a resolution Citation 19 Amendment 210 #
Motion for a resolution Paragraph 11 Amendment 211 #
Motion for a resolution Paragraph 11 Amendment 212 #
Motion for a resolution Paragraph 11 11. strongly believes that addressing the crisis of
Amendment 213 #
Motion for a resolution Paragraph 11 11. strongly believes that
Amendment 214 #
Motion for a resolution Paragraph 11 11. strongly believes that addressing the
Amendment 215 #
Motion for a resolution Paragraph 11 a (new) Amendment 216 #
Motion for a resolution Paragraph 11 a (new) 11a. highlights that training of justice professionals is essential to the proper implementation and application of Union law and thus to the strengthening of a European common legal culture based on the principles of mutual trust and the rule of law; considers that the upcoming European judicial training strategy must put additional focus on promoting the rule of law and judicial independence and include training on skills and non-legal issues so that judges are better prepared to resist undue pressure;
Amendment 217 #
Motion for a resolution Paragraph 11 a (new) 11a. believes that it should be possible for candidate countries to be monitored by the Mechanism on a voluntary basis;
Amendment 218 #
Motion for a resolution Paragraph 12 Amendment 219 #
Motion for a resolution Paragraph 12 12. invites the Commission and the Council to
Amendment 22 #
Motion for a resolution Citation 20 Amendment 222 #
Motion for a resolution Annex I – paragraph 1 Proposal for an Interinstitutional Agreement on Reinforcing
Amendment 223 #
(2) Pursuant to Article 49 TEU, respect for and commitment to promoting Union values is a fundamental condition of Union membership. In accordance with Article 7 TEU, the existence of a serious and persistent breach by a Member State, based on reliable evidence, of Union values can lead to the suspension of voting rights of the representative of the government of that Member State in the Council. Respect for Union values forms the basis of a high level of confidence and mutual trust between Member States.
Amendment 224 #
Motion for a resolution Annex I – paragraph 4 – point 3 (3) The European Parliament, the Council and the Commission (‘the three institutions’) recognise the paramount importance of respect for Union values. Respect for Union values is necessary for the good functioning of the Union and the achievement of its objectives as set out in Article 3 TEU. The three institutions are committed to mutual sincere and active cooperation with the aim of promoting and ensuring respect for Union values.
Amendment 225 #
Motion for a resolution Annex I – paragraph 4 – point 3 (3) The European Parliament, the Council and the Commission (‘the three institutions’) recognise the
Amendment 226 #
Motion for a resolution Annex I – paragraph 4 – point 4 (4) The three institutions recognise the need for streamlining and strengthening the effectiveness of existing tools designed to foster compliance with Union values. A comprehensive, evidence-based interinstitutional mechanism respecting the principles of subsidiarity, proportionality and necessity should therefore be established in order to improve coordination between the three institutions and consolidate initiatives taken previously. In accordance with the Conclusions of the Justice and Home Affairs Council of 6 and 7 June 2013, such a mechanism should operate in 'a transparent manner, on the basis of evidence objectively compiled, compared and analysed and on the basis of equality of treatment as between all Member States'.
Amendment 227 #
Motion for a resolution Annex I – paragraph 4 – point 4 (4) The three institutions recognise the need for streamlining and strengthening the effectiveness of existing tools designed to foster compliance with Union values. A comprehensive interinstitutional mechanism should therefore be established in order to improve coordination between the three institutions and consolidate initiatives taken previously. In accordance with the Conclusions of the Justice and Home Affairs Council of 6 and 7 June 2013, such a mechanism should operate in 'a transparent manner, on the basis of well defined and measurable criteria and evidence objectively compiled, compared and analysed and on the basis of equality of treatment as between all Member States'.
Amendment 228 #
Motion for a resolution Annex I – paragraph 4 – point 4 Amendment 229 #
Motion for a resolution Annex I – paragraph 4 – point 5 (5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States and should respect the principles of subsidiarity, proportionality and necessity. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue
Amendment 23 #
Motion for a resolution Citation 21 Amendment 230 #
Motion for a resolution Annex I – paragraph 4 – point 5 (5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values and to identify positive actions by Member States and national actors including civil society and national human rights institutions to be promoted and supported by the Union, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue and the Commission’s Rule of Law Framework, in order to avoid duplication and strengthen overall effectiveness.
Amendment 231 #
Motion for a resolution Annex I – paragraph 4 – point 5 (5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective
Amendment 232 #
Motion for a resolution Annex I – paragraph 4 – point 5 (5) The three institutions agree that an Annual Monitoring Cycle on Union Values
Amendment 233 #
Motion for a resolution Annex I – paragraph 4 – point 6 (6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on Union values including recommendations, and a follow-up stage. The Annual Monitoring Cycle should be conducted, at all its stages, in a spirit of transparency
Amendment 234 #
Motion for a resolution Annex I – paragraph 4 – point 6 (6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on compliance with all Union values including country-specific recommendations, and a follow-up stage with an implementation and enforcement plan of the recommendations. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness.
Amendment 235 #
Motion for a resolution Annex I – paragraph 4 – point 6 (6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on Union values including recommendations, and a follow-up stage including the implementation of recommendations. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness with the involvement of citizens and civil society.
Amendment 236 #
Motion for a resolution Annex I – paragraph 4 – point 6 (6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on Union values including recommendations, and a follow-up stage. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness, applied equally and honestly to all EU Member States.
Amendment 237 #
Motion for a resolution Annex I – paragraph 4 – point 6 (6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on Union values including recommendations, and a follow-up stage. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness, with the involvement of citizens and civil society.
Amendment 238 #
(6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on Union values including country-specific reporting and recommendations, and a follow-up stage. The Annual Monitoring Cycle should be conducted in a spirit of transparency and openness.
Amendment 239 #
Motion for a resolution Annex I – paragraph 4 – point 6 (6) The Annual Monitoring Cycle should consist of a preparatory stage, the publication of an annual monitoring report on Union values including recommendations, and a follow-up stage. The Annual Monitoring Cycle should be conducted in a
Amendment 24 #
Motion for a resolution Citation 21 a (new) - having regard to its resolution of 13 February 2019 on experiencing backlash in women’s rights and gender equality in the EU1a, _________________ 1a Texts adopted, P8_TA(2019)0111.
Amendment 240 #
Motion for a resolution Annex I – paragraph 4 – point 7 (7) The three institutions share the view that the Cooperation and Verification Mechanism for Bulgaria and Romania
Amendment 241 #
Motion for a resolution Annex I – paragraph 4 – point 7 (7) The three institutions share the view that the Cooperation and Verification
Amendment 242 #
Motion for a resolution Annex I – paragraph 4 – point 8 (8) The Annual Monitoring Cycle should also be complementary to and coherent with other instruments relating to the promotion and strengthening of Union values. In particular, the three institutions commit to
Amendment 243 #
Motion for a resolution Annex I – paragraph 4 – point 8 (8) The Annual Monitoring Cycle should also be complementary to and coherent with other instruments relating to the promotion and strengthening of Union values. In particular, the three institutions commit to using the findings of the annual
Amendment 244 #
Motion for a resolution Annex I – paragraph 4 – point 8 (8) The Annual Monitoring Cycle should also be complementary to and coherent with other instruments relating to the promotion and strengthening of Union values. In particular, the three institutions commit to using the findings of the annual
Amendment 245 #
Motion for a resolution Annex I – paragraph 4 – point 8 (8) The Annual Monitoring Cycle should also be complementary to and coherent with other instruments relating to the promotion and strengthening of Union values. In particular, the three institutions commit to using the findings of the annual monitoring reports in their assessment of whether there is a
Amendment 246 #
Motion for a resolution Annex I – part 1 – point 1 1. The three institutions hereby agree to coordinate and cooperate with the aim of promoting
Amendment 247 #
Motion for a resolution Annex I – part 1 – point 1 1. The three institutions hereby agree to
Amendment 248 #
Motion for a resolution Annex I – part 1 – point 1 1. The three institutions hereby agree to coordinate and cooperate with the aim of promoting and
Amendment 249 #
Motion for a resolution Annex I – part 2 – point 2 2. The three institutions agree to organise in sincere and mutual cooperation an Annual Monitoring Cycle on Union
Amendment 25 #
Motion for a resolution Citation 22 Amendment 250 #
Motion for a resolution Annex I – part 2 – point 2 2. The three institutions agree to organise in sincere and mutual cooperation an Annual Monitoring Cycle on Union Values, covering issues and best practices in all areas of Union values. The Monitoring Cycle shall consist of a preparatory stage, the publication of an annual monitoring report on Union values (‘Annual Report’) including country specific reports and recommendations, and a follow-
Amendment 251 #
Motion for a resolution Annex I – part 2 – point 2 2. The three institutions agree to organise in sincere, active, transparent and mutual cooperation
Amendment 252 #
Motion for a resolution Annex I – part 2 – point 2 2. The three institutions agree to organise in sincere and mutual cooperation an Annual Monitoring Cycle on Union Values, covering issues and best practices in all areas of Union values. The Monitoring Cycle shall consist of a preparatory stage, the publication of an annual monitoring report on Union values (‘Annual Report’) including recommendations, and a follow-
Amendment 253 #
Motion for a resolution Annex I – part 2 – point 3 – introductory part 3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall conduct assessments relating to democracy, the rule of law and fundamental rights in the Member States and facilitate coordination and
Amendment 254 #
Motion for a resolution Annex I – part 2 – point 3 – introductory part 3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall facilitate coordination and cooperation among the three institutions in the Annual Monitoring Cycle and adopt methodology for the Annual Report. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also consult independent experts
Amendment 255 #
Motion for a resolution Annex I – part 2 – point 3 – introductory part 3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall facilitate coordination and cooperation among the three institutions in all stages of the Annual Monitoring Cycle. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also directly consult independent experts
Amendment 256 #
Motion for a resolution Annex I – part 2 – point 3 – introductory part 3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group
Amendment 257 #
Motion for a resolution Annex I – part 2 – point 3 a (new) 3a. The Working Group shall upon nomination of the European Parliament and the Council appoint a Panel of Independent Experts as an additional independent instrument in the context of the identification of breaches and best practices for implementation of the Union values enshrined in Art. 2 TUE. The Panel of Independent Experts shall submit its findings in a timely manner to both the Working Group and the Commission.
Amendment 258 #
Motion for a resolution Annex I – part 2 – point 3 a (new) 3a. The Working Group shall be chaired by a representative of the European Union Agency for Fundamental Rights.
Amendment 259 #
Motion for a resolution Annex I – part 2 – point 4 4. On an annual basis, the Commission shall organise a targeted stakeholder consultation to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent and based on a clear and rigorous methodology agreed by the Working Group, following a comprehensive and transparent consultation with stakeholders and independent experts. The methodology shall, in any event, encompass in an appropriate form the benchmarks listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
Amendment 26 #
Motion for a resolution Citation 23 Amendment 260 #
Motion for a resolution Annex I – part 2 – point 4 4. On an annual basis, the Commission shall organise a targeted
Amendment 261 #
Motion for a resolution Annex I – part 2 – point 4 4. On an annual basis, the Commission shall organise a targeted stakeholder consultation to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent and based on a clear and rigorous methodology agreed by the Working Group. The methodology shall, in any event, encompass in an appropriate form the benchmarks, such as those listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
Amendment 262 #
5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and local authorities, to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report, including information from stakeholders which offers a difference of opinion on the same matter. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report.
Amendment 263 #
Motion for a resolution Annex I – part 2 – point 5 5. The stakeholder consultation shall give an opportunity to civil society organisations, national human rights institutions and equality bodies, professional associations and networks, Council of Europe, Organisation for Security and Cooperation in Europe and United Nations bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and local authorities, to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report.
Amendment 264 #
Motion for a resolution Annex I – part 2 – point 5 5. The stakeholder consultation shall give an opportunity to
Amendment 265 #
Motion for a resolution Annex I – part 2 – point 5 5. The stakeholder consultation shall give an opportunity to civil society
Amendment 266 #
Motion for a resolution Annex I – part 2 – point 5 5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including
Amendment 267 #
Motion for a resolution Annex I – part 2 – point 6 6. The Commission shall draw on all official information at its disposal when preparing the Annual Report. Of
Amendment 268 #
Motion for a resolution Annex I – part 2 – point 6 6. The Commission shall draw on all information at its disposal when preparing the Annual Report. Of particular relevance in that regard are reports and data from the European Union Agency for Fundamental Rights, the Council of Europe, including the Venice Commission
Amendment 269 #
Motion for a resolution Annex I – part 2 – point 6 6. The Commission shall draw on all information at its disposal when preparing the Annual Report. Of particular relevance in that regard are reports and data from the European Union Agency for Fundamental Rights, the Council of Europe, including the Venice Commission, the European Commission Against Racism and Intolerance, the recently-formed Steering Committee on Anti-Discrimination, Diversity and Inclusion and the Group of States against Corruption, and other international organisations that produce relevant studies.
Amendment 27 #
Motion for a resolution Citation 23 Amendment 270 #
Motion for a resolution Annex I – part 2 – point 6 6. The Commission shall draw on all information at its disposal and a clear and rigorous methodology agreed by the Working Group when preparing the Annual Report. Of particular relevance in that regard
Amendment 271 #
Motion for a resolution Annex I – part 2 – point 6 6. The Commission shall draw on all information at its disposal when preparing the Annual Report. Of particular relevance in that regard are reports and data from the European Union Agency for Fundamental Rights, the Council of Europe, including the Venice Commission
Amendment 272 #
Motion for a resolution Annex I – part 2 – point 6 6. The Commission shall draw on all information at its disposal when preparing the Annual Report, including relevant European Parliament resolutions and reports. Of particular relevance in that regard are reports and data from the European Union Agency for Fundamental Rights, the
Amendment 273 #
Motion for a resolution Annex I – part 2 – point 7 7. Designated representatives of
Amendment 274 #
Motion for a resolution Annex I – part 2 – point 7 7. Designated representatives of any of the three institutions shall have the possibility to conduct
Amendment 275 #
Motion for a resolution Annex I – part 2 – point 8 – introductory part 8. The Commission shall inform regularly the Working Group of the progress made throughout the preparatory stage and present a draft report thereon to the Working Group.
Amendment 276 #
Motion for a resolution Annex I – part 2 – point 8 – introductory part 8. The Commission shall inform regularly the Working Group of the progress made throughout the preparatory stage.
Amendment 277 #
Motion for a resolution Annex I – part 2 – point 8 – introductory part 8. The Commission shall regularly inform the Working Group of the progress made throughout the preparatory stage.
Amendment 278 #
Motion for a resolution Annex I – part 2 – point 8 – introductory part 8. The Commission shall regularly inform the Working Group of the progress made throughout the preparatory stage.
Amendment 279 #
Motion for a resolution Annex I – part 2 – point 9 Amendment 28 #
Motion for a resolution Citation 23 a (new) - having regard to its resolution of 13 February 2019 on experiencing backlash in women’s rights and gender equality in the EU1a, _________________ 1a Texts adopted, P8_TA(2019)0111.
Amendment 280 #
Motion for a resolution Annex I – part 2 – point 9 9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Commission shall issue a reasoned opinion if it decides not to fully incorporate the findings by the Panel of Experts into the Annual Report. The Annual Report should cover both positive and negative developments relating to Union values
Amendment 281 #
Motion for a resolution Annex I – part 2 – point 9 9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Annual Report should cover in a comprehensive manner both positive and negative developments relating to Union values in the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity of the situation in question. The Commission shall include a section on infringement procedure related to Union values in the Annual Report.
Amendment 282 #
Motion for a resolution Annex I – part 2 – point 9 9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Annual Report should cover both positive and negative developments relating to Union values in the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States and the principles of subsidiarity, proportionality and necessity. The depth of reporting should reflect the gravity of the situation in question.
Amendment 283 #
Motion for a resolution Annex I – part 2 – point 9 9.
Amendment 284 #
Motion for a resolution Annex I – part 2 – point 9 9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Annual Report should cover both positive and negative developments, determined on the basis of clearly defined criteria, relating to Union values in the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity of the situation in question.
Amendment 285 #
Motion for a resolution Annex I – part 2 – point 9 9. The Commission shall draft the Annual Report based on official information gathered during the preparatory stage. The Annual Report should cover both positive and negative developments relating to Union values in the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States. The depth of reporting should reflect the gravity and duration of the situation in question.
Amendment 286 #
Motion for a resolution Annex I – part 2 – point 9 a (new) Amendment 287 #
Motion for a resolution Annex I – part 2 – point 10 10. The Annual Report shall contain recommendations specific to the Member States with the aim of strengthening Union values. If Article 7 TEU procedure is triggered in respect of a particular Member State, the recommendations shall reflect the concerns mentioned in the reasoned proposal. The recommendations shall specify concrete targets and timeframes for implementation. The recommendations shall take account of the diversity of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriate.
Amendment 288 #
Motion for a resolution Annex I – part 2 – point 10 10. The Annual Report shall contain recommendations specific to the Member States with the aim of strengthening Union values. The recommendations shall specify concrete, objective targets and timeframes for their implementation. The recommendations shall take account of the diversity and specific characteristics of Member States’ political and legal systems.
Amendment 289 #
Motion for a resolution Annex I – part 2 – point 10 10. The Annual Report shall contain recommendations specific to the Member States, setting minimum standards and requirements with regards to democracy and the rule of law, with the aim of strengthening Union values. The recommendations shall specify concrete targets and timeframes for implementation. The recommendations shall take account of the diversity of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriate.
Amendment 29 #
Motion for a resolution Citation 23 b (new) - having regard to EIGE’s Report “Beijing+25 – The 5th Review of the Implementation of the Beijing Platform for Action in the EU Member States” published in November 2019,
Amendment 290 #
Motion for a resolution Annex I – part 2 – point 10 10. The Annual Report shall contain recommendations specific to each of the Member States with the aim of strengthening the promotion and protection of Union values. The recommendations shall specify concrete targets and timeframes for implementation. The recommendations shall take account of the diversity of Member States’ political and legal systems. Implementation of the recommendations shall be assessed in subsequent Annual Reports or urgent reports, as appropriate.
Amendment 291 #
Motion for a resolution Annex I – part 2 – point 10 10. The Annual Report shall contain recommendations specific to the Member States with the aim of strengthening
Amendment 292 #
Motion for a resolution Annex I – part 2 – point 10 a (new) 10а. The principles of necessity, proportionality and non-discrimination must be applied when determining the measures to be implemented, taking into account, in particular, the seriousness of the situation, the time that has elapsed since the behaviour began, its duration and recurrence, and the intent and level of cooperation of the Member State concerned in remedying the deficiencies in the implementation of the rule of law and the other principles enshrined in the mechanism.
Amendment 293 #
Motion for a resolution Annex I – part 2 – point 12 12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall
Amendment 294 #
Motion for a resolution Annex I – part 2 – point 12 12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States, including implementation of relevant rulings of the Court of Justice. The three institutions shall endeavour to promote debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 295 #
Motion for a resolution Annex I – part 2 – point 12 12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States. The three institutions shall endeavour to promote a timely debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 296 #
Motion for a resolution Annex I – part 2 – point 12 12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report.
Amendment 297 #
Motion for a resolution Annex I – part 2 – point 13 13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and relevant local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue. The Commission may, at any time, provide technical assistance to the Member States through different activities.
Amendment 298 #
Motion for a resolution Annex I – part 2 – point 13 13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the Member State(s) concerned, the European Parliament or the Council, enter into a dialogue with one or several
Amendment 299 #
Motion for a resolution Annex I – part 2 – point 13 13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments
Amendment 3 #
Motion for a resolution Citation 8 — having regard to the United Nations instruments on the protection of human rights and fundamental freedoms, including the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child, and the case-law of the United Nations treaty bodies,
Amendment 30 #
Motion for a resolution Citation 24 Amendment 300 #
Motion for a resolution Annex I – part 2 – point 13 13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue to the European Parliament and the Council. The Commission may, at any time, provide technical assistance to the Member States through different activities. The European Parliament shall organise, in cooperation with national parliaments, an interparliamentary debate on the findings of the Annual Report.
Amendment 301 #
Motion for a resolution Annex I – part 2 – point 13 13. On the basis of the findings of the Annual Report, the Commission
Amendment 302 #
Motion for a resolution Annex I – part 2 – point 13 a (new) 13a. The three institutions should consider the findings of the Annual Report when establishing funding priorities. In particular, the Commission shall include targeted support for national actors contributing to the promotion and protection of Union values, such as civil society organisations, when establishing relevant annual work programmes for the disbursement of Union funds under both shared or direct management.
Amendment 303 #
Motion for a resolution Annex I – part 2 – point 14 – introductory part 14. Without prejudice to the powers of the Commission under Article 258 TFEU and the right of the European Parliament and the Commission to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values and may serve as a basis for activating the procedures under Article 258 TFEU and Article 7 TEU.
Amendment 304 #
Motion for a resolution Annex I – part 2 – point 14 – introductory part 14. Without prejudice to the powers of the Commission under Article 258 TFEU and under Article 5 of Regulation (EU) 2020/xxxx1a, and the right of the European Parliament and the Commission to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values. _________________ 1a[instead of xxxx insert number of 2018/136(COD) in the text].
Amendment 305 #
Motion for a resolution Annex I – part 2 – point 14 – introductory part 14. Without prejudice to the powers of the Commission under Article 258 TFEU and the right of the European Parliament and the Commission and one third of the Member States to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values.
Amendment 306 #
Motion for a resolution Annex I – part 2 – point 14 – introductory part 14. Without prejudice to the powers of the Commission under Article 258 TFEU and the right of the European Parliament
Amendment 307 #
Motion for a resolution Annex I – part 2 – point 14 – subheading 1 Amendment 308 #
Motion for a resolution Annex I – part 2 – point 15 Amendment 309 #
Motion for a resolution Annex I – part 2 – point 15 15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the
Amendment 31 #
Motion for a resolution Citation 24 a (new) - having regard to the Annual Reports of the European Commission on monitoring the application of EU law;
Amendment 310 #
Motion for a resolution Annex I – part 2 – point 15 15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the
Amendment 311 #
Motion for a resolution Annex I – part 2 – point 15 15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the
Amendment 312 #
Motion for a resolution Annex I – part 2 – point 15 15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the Working Group, the European Parliament or the Council may
Amendment 313 #
Motion for a resolution Annex I – part 3 – point 16 16. The three institutions acknowledge the complementary nature of the Annual Monitoring Cycle and other mechanisms for the protection and promotion of Union values, in particular the procedure laid down in Article 7 TEU and Regulation (EU) 2020/xxxx. The three institutions commit to avoid unnecessary duplication of existing instruments and integrate and incorporate existing instruments into the Annual Monitoring Cycle as the preferred option. The three institutions commit to take account of the objectives of this Interinstitutional Agreement in Union policies.
Amendment 314 #
16. The three institutions acknowledge the complementary nature of the Annual Monitoring Cycle and other mechanisms for the protection and promotion of Union values, in particular the procedure laid down in Article 7 TEU and Regulation (EU) 2020/xxxx. The three institutions commit to avoid unnecessary duplication of existing instruments and integrate and incorporate existing instruments into the Annual Monitoring Cycle as the preferred option. The three institutions commit to take account of the objectives of this Interinstitutional Agreement in Union policies
Amendment 315 #
Motion for a resolution Annex I – part 3 – point 16 16. The three institutions acknowledge the complementary nature of the Annual Monitoring Cycle and other mechanisms for the protection and promotion of Union values, in particular the procedure laid down in Article 7 TEU, infringement procedures and Regulation (EU) 2020/xxxx. The three institutions commit to take account of the objectives of this Interinstitutional Agreement in Union policies.
Amendment 316 #
Motion for a resolution Annex I – part 3 – point 17 17. Where the Annual Report identifies systemic deficiencies with respect to one or several Union values, the three institutions commit to take appropriate action, without delay, within their respective powers as conferred on them by the Treaties. The three institutions may consider, inter alia, whether Union policies requiring a high level of mutual trust can be sustained in light of systemic deficiencies identified in the Annual Report. The Commission commits to assess the appropriateness of infringement procedures, including, where necessary, requesting interim measures in the Court of Justice and submitting requests seeking that payment of a fine be ordered in cases of non- compliance with the interim measures.
Amendment 317 #
Motion for a resolution Annex I – part 3 – point 17 17. Where the Annual Report identifies serious systemic deficiencies with respect to one or several Union values, the three institutions commit to take appropriate action, without delay, within their respective powers as conferred on them by the Treaties. The three institutions may consider, inter alia, whether Union policies requiring a high level of mutual trust can be sustained in light of serious systemic deficiencies identified in the Annual Report.
Amendment 318 #
Motion for a resolution Annex I – part 3 – point 17 17. Where the Annual Report identifies systemic deficiencies with respect to one or several Union values, the three institutions commit to take appropriate action, without delay, within their respective powers as conferred on them by the Treaties. The three institutions
Amendment 319 #
Motion for a resolution Annex I – part 3 – point 18 – introductory part 18. The Annual Monitoring Cycle established by this Agreement shall replace the mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption established by Commission Decision 2006/928/EC and the mechanism for cooperation and verification of progress
Amendment 32 #
Motion for a resolution Citation 24 b (new) - having regard to the EU Justice Scoreboard 2020 published by the European Commission;
Amendment 320 #
Motion for a resolution Annex I – part 3 – point 19 19. The three institutions agree to use the findings of the Annual Report in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values under Article 7 TEU. If the Annual Report identifies a risk of a serious breach or a serious breach of Union values in a Member State, the Commission shall activate the instruments at its disposal, including financial measures, to enforce respect for the values enshrined in Article 2 TEU. The European Parliament and Council shall hold a debate about the situation in the Member State and justify in a reasoned opinion, whether or not to activate the instruments at their disposal to enforce respect for the values enshrined in Article 2 TEU.
Amendment 321 #
Motion for a resolution Annex I – part 3 – point 19 19. The three institutions agree to use the findings of the Annual Report
Amendment 322 #
Motion for a resolution Annex I – part 3 – point 19 19. The three institutions agree to use the findings of the Annual Report in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values under Article 7 TEU. The three institutions agree to give a special status to the Member States concerned under Article 7 TEU, integrating the findings of the Annual Report in the procedure provided for in Article 7 TEU.
Amendment 323 #
Motion for a resolution Annex I – part 3 – point 19 19. The three institutions agree to use the findings of the Annual Report in their assessment of whether there is a
Amendment 324 #
Motion for a resolution Annex I – part 3 – point 20 – introductory part 20. In order to strengthen the transparency and efficiency of the procedure laid down in Article 7 TEU, the three institutions agree to ensure that the institution initiating a proposal under Article 7(1) TEU is able to participate in the hearing where that proposal is presented and is consulted at all stages during the procedure. The three institutions agree to consult each other regularly in the Working Group regarding existing and potential procedures launched under Article 7 TEU. The three institutions agree that the Council include in those hearings how Member States subject to the procedure provided for in Article 7 TEU have addressed the concerns expressed in the reasoned opinion and all the latest and major negative developments in the areas of rule of law, democracy and fundamental rights, and concrete recommendations to the Member States in question as a follow-up to the hearings, which shall include deadlines for the implementation of such recommendations. The Council furthermore commits to assessing the implementation of those recommendations in a timely manner.
Amendment 325 #
Motion for a resolution Annex I – part 3 – point 20 – introductory part 20. In order to strengthen the transparency and efficiency of the procedure laid down in Article 7 TEU, the three institutions agree to ensure that the institution initiating a proposal under Article 7
Amendment 326 #
Motion for a resolution Annex I – part 3 – point 20 – introductory part 20. In order to strengthen the
Amendment 327 #
Motion for a resolution Annex I – part 3 – point 20 – subheading 1 Amendment 328 #
Motion for a resolution Annex I – part 3 – point 20 – subheading 1 Common arrangements for budgetary
Amendment 329 #
Motion for a resolution Annex I – part 3 – point 20 – subheading 1 a (new) Arrangements for infringement procedures
Amendment 33 #
Motion for a resolution Citation 25 Amendment 330 #
Motion for a resolution Annex I – part 3 – point 20 a (new) 20a. The Council commits: - to take into account how Member States under the procedure provided for in Article 7 TEU have addressed the concerns of the reasoned proposal; - to take into account further developments, including progress and setbacks, into the scope of the hearings under Article 7 TEU; - to address concrete recommendations to the Member States concerned with set deadlines and to organise follow-up hearings; - to monitor the implementation and enforcement of the recommendations, including the coordination with the other institutions and outline the next steps, including enforcement actions; - to make public the Council proceedings, including the hearing reports and the adoption of any recommendations, in order to allow for meaningful participation by all institutions and civil society.
Amendment 331 #
Motion for a resolution Annex I – part III – point 20 a (new) 20a. The Commission takes into account the findings of the Annual Report in its assessment of whether an infringement procedure should be launched.
Amendment 332 #
Motion for a resolution Annex I – part 3 – point 21 21. The three institutions agree to use the findings of the Annual Report
Amendment 333 #
Motion for a resolution Annex I – part 3 – point 21 21. The three institutions agree to use the findings of the Annual Report in their assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx. If the Annual Report identifies a risk of a or a serious breach of Union values in a Member State, the Commission shall send a written notification to that Member State, in accordance with Article 5 of Regulation (EU) 2020/xxxx.
Amendment 334 #
Motion for a resolution Annex I – part 3 – point 21 21. The three institutions agree to use the findings of the Annual Report in their assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx, as well as in any other assessment for the purposes of existing and future budgetary tools.
Amendment 335 #
Motion for a resolution Annex I – part 3 – point 21 21. The
Amendment 336 #
Motion for a resolution Annex I – part 3 – point 21 a (new) 21a. The three institutions agree that the Annual Report may serve as the basis for the budgetary conditionality mechanism, which is to be put in place as part of the agreement on the MFF and the Recovery fund (Next Generation EU).
Amendment 337 #
Motion for a resolution Annex I – part 3 – point 21 a (new) 21a. The Parliament and the Council may request the Commission to develop and publish specific guidelines and indicators to address relevant horizontal issues that emerge from the Annual Monitoring Cycle.
Amendment 34 #
Motion for a resolution Citation 25 Amendment 35 #
Motion for a resolution Citation 26 Amendment 36 #
Motion for a resolution Citation 26 a (new) - having regard to the European Union Agency for Fundamental Rights’ 2018 report “Challenges facing civil society organisations working on human rights in the EU”,
Amendment 37 #
Motion for a resolution Citation 26 a (new) - having regard to the reports and data from the European Union Agency for Fundamental Rights,
Amendment 38 #
Motion for a resolution Citation 26 b (new) - having regard to the report of the European Economic and Social Committee’s Group on Fundamental Rights and the Rule of Law of June 2020 entitled “National developments from a civil society perspective, 2018-2019”,
Amendment 39 #
Motion for a resolution Citation 27 Amendment 4 #
Motion for a resolution Citation 8 — having regard to the United Nations instruments on the protection of human rights and fundamental freedoms and the
Amendment 40 #
Motion for a resolution Citation 28 Amendment 41 #
Motion for a resolution Citation 29 Amendment 42 #
Motion for a resolution Citation 29 a (new) - having regard to the workings of the OHCHR of United Nations as well as the UN's WGAD (Working Group on Arbitrary Detentions) resolutions on Member States,
Amendment 43 #
Motion for a resolution Citation 29 b (new) Amendment 44 #
Motion for a resolution Citation 29 c (new) - having regard to the rulings of the European Court of Human Rights regarding human rights cases inside the Union and its Member States;
Amendment 45 #
Motion for a resolution Citation 29 d (new) - having regard to the results of the 44th session of the United Nations Human Rights Council;
Amendment 46 #
Motion for a resolution Citation 29 e (new) - having regard to the reports published by the UN Special Rapporteur (for national minorities, freedom of speech, defenders of judges and lawyers…) on the situation of human rights, democracy and the rule of law in Member States;
Amendment 47 #
Motion for a resolution Citation 30 Amendment 48 #
Motion for a resolution Citation 31 Amendment 49 #
Motion for a resolution Citation 34 Amendment 5 #
Motion for a resolution Citation 8 a (new) - having regard to the United Nations Declaration on Human Rights Defenders,
Amendment 50 #
Motion for a resolution Citation 34 a (new) - having regard to the European Economic and Social Committee Opinion of 19 June 2019 on "Further strengthening the Rule of Law within the Union. State of play and possible next steps" which proposed to create an annual Stakeholders' Forum on fundamental rights and the rule of law;
Amendment 51 #
Motion for a resolution Citation 34 b (new) - having regard to the conclusions of the Council of the European Union and the Member States meeting within the Council on ensuring respect for the rule of law of 16 December 2014;
Amendment 52 #
Motion for a resolution Citation 34 c (new) - having regard to the United Nations Declaration on Human Rights Defenders of 8 March 1999;
Amendment 53 #
Motion for a resolution Recital A A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU); whereas
Amendment 54 #
Motion for a resolution Recital A A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU); whereas those values are values which are common to the Member States and to which all Member States have freely subscribed; whereas democracy, the rule of law and fundamental rights are mutually reinforcing principles;
Amendment 55 #
Motion for a resolution Recital A A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of
Amendment 56 #
Motion for a resolution Recital A A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU); whereas those values are values which are common to the Member States and to which all Member States have freely subscribed; whereas those values are based on objective criteria;
Amendment 57 #
Motion for a resolution Recital А А. whereas the Union is founded on the values of respect for human dignity,
Amendment 58 #
Motion for a resolution Recital A a (new) Aa. whereas, in accordance with Article 4(2) TEU, the Union is to respect the equality of Member States before the Treaties and whereas respect for cultural diversity and national traditions, within and among Member States, should not impede the uniform and high level of protection of democracy, the rule of law and fundamental rights throughout the Union; whereas the principle of equality and non-discrimination is a universal principle and it represents the common thread of all Union's policies and activities;
Amendment 59 #
Motion for a resolution Recital A a (new) Aa. whereas the concept of rule of law includes, among other things, principles such as legality, legal certainty, prohibiting the arbitrary exercise of executive power, effective judicial protection by independent and impartial courts and judicial review, the separation of powers, and equality before the law;
Amendment 6 #
Motion for a resolution Citation 9 — having regard to the
Amendment 60 #
Motion for a resolution Recital A a (new) Aa. whereas the concept of rule of law must be understood as a democratic rule of law, i.e. a rule of law which is primarily based on the respect for democratic procedures and fundamental rights;
Amendment 61 #
Motion for a resolution Recital A a (new) Aa. whereas the rule of law has been proclaimed as a basic principle at universal level by the United Nations;
Amendment 62 #
Motion for a resolution Recital A b (new) Ab. whereas approximately 10% of Union citizens belong to a national minority; whereas there is no Union legal framework to guarantee their rights as a minority; whereas the establishment of an effective mechanism to monitor their rights in the Union is of outmost importance; whereas equal treatment is a basic right, not a privilege, of all citizens;
Amendment 63 #
Motion for a resolution Recital A b (new) Ab. whereas effective independence and impartiality of courts, as well as the guarantee of an effective and full access to justice, also for children, are fundamental requirements to ensure a fair trial and the protection of all the rights deriving from Union law;
Amendment 64 #
Motion for a resolution Recital B Amendment 65 #
Motion for a resolution Recital B B. whereas the preceding decade has seen brazen attacks against Union values in several Member States; whereas
Amendment 66 #
Motion for a resolution Recital B B. whereas the preceding decade has seen brazen attacks against Union values in several Member States; whereas international comparisons
Amendment 67 #
Motion for a resolution Recital B B. whereas the p
Amendment 68 #
Motion for a resolution Recital B B. whereas
Amendment 69 #
Motion for a resolution Recital B B. whereas
Amendment 7 #
Motion for a resolution Citation 9 a (new) - having regard to the right to equal treatment and non-discrimination which is a fundamental right and emphasising that European citizens are protected from discrimination under Article 21 of the Charter of Fundamental Rights;
Amendment 70 #
Motion for a resolution Recital B B. whereas the preceding decade has seen brazen attacks against Union values in several Member States; whereas international comparisons and Parliament resolutions have evidenced considerable democratic backsliding in particular in Hungary and Poland
Amendment 71 #
Motion for a resolution Recital B a (new) Ba. whereas no Member State has achieved gender equality nor put an end to sexual and gender-based violence; whereas a visible and organised backlash against gender equality and women’s human rights can be observed in the Union, including a concerning trend of retrogressive policy and legislative proposals to restrict sexual and reproductive health and rights in several Member States, as noted by the EIGE Report on Beijing +25;
Amendment 72 #
Motion for a resolution Recital B a (new) Ba. whereas the Union has codified in its accession criteria that Union membership requires that a candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights, respect for and protection of minorities; points out however that the Union lacks effective tools to enforce these criteria once a country has become part of the Union;
Amendment 73 #
Motion for a resolution Recital B b (new) Bb. whereas vulnerable groups such as women, Roma and LGBTI persons continue not seeing their rights fully respected in some Member States, and are not fully protected from hate and discrimination, in disregard of Union values provided for in Article 2 TEU and the right to non-discrimination, provided for in Article 21 of the Charter of Fundamental Rights of the European Union;
Amendment 74 #
Motion for a resolution Recital B b (new) Bb. whereas while the respect for the rights of minorities is a part of the set of political criteria an accession-candidate country must fulfil at the time of accession, no such benchmarks apply for states that are already members of the Union; whereas the absence of such benchmarks encourages backtracking by Member States;
Amendment 75 #
Motion for a resolution Recital B c (new) Bc. whereas, contrary to the jurisprudence of the Hungarian Constitutional Court and the European Court of Human Rights, the right of transgender and intersex persons to access legal gender recognition procedures in Hungary was terminated through legislative amendments to the national registry; whereas such amendments changed the previously mutable category of “sex” to the immutable category of “sex at birth”, in intentional contravention of national and European rule of law;
Amendment 76 #
Motion for a resolution Recital B d (new) Bd. whereas it is documented and confirmed by the Polish Commissioner for Human Rights that over 100 Polish municipalities and local authorities have declared themselves LGBTI-free zones or adopted so-called ‘Regional Charters of Family Rights’, which are discriminatory against LGBTI people; whereas the Polish Commissioner for Human Rights condemned such actions and filed nine complaints to administrative courts, arguing that LGBTI-free zones violate Union law; whereas the Commission sent a letter in May 2020 to five mayors of Polish cities who are recipients of Union cohesion funding underlining the responsibilities of regional managing authorities, that spending under cohesion funds must not discriminate on the basis of sexual orientation and that municipalities acting as employers must respect Council Directive 2000/78/EC1a, which prohibits discrimination and harassment on the ground of sexual orientation in employment; whereas lawsuits have been brought by local governments against three Polish LGBTI activists who created the so-called “Atlas of Hate”; _________________ 1aCouncil Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
Amendment 77 #
Motion for a resolution Recital C C. whereas breaches of the values referred to in Article 2 TEU do not concern solely the individual Member State where the breaches materialise, but also have an impact on other Member States, weaken the cohesion of the European project, the fundamental rights of all Union citizens and mutual trust among the Member States;
Amendment 78 #
Motion for a resolution Recital C C. whereas
Amendment 79 #
Motion for a resolution Recital C C. whereas breaches of the values referred to in Article 2 TEU without proper response and consequences on European level weaken the cohesion of the European project, the rights of all Union citizens and mutual trust among the Member States;
Amendment 8 #
Motion for a resolution Citation 10 Amendment 80 #
Motion for a resolution Recital C C. whereas breaches of the values referred to in Article 2 TEU weaken the cohesion of the European project, the rights of all Union citizens and of persons on Union territory and mutual trust among the Member States;
Amendment 81 #
Motion for a resolution Recital C C. whereas breaches of the values referred to in Article 2 TEU may weaken the cohesion of the
Amendment 82 #
Motion for a resolution Recital C C. whereas breaches of the values referred to in Article 2 TEU weaken the
Amendment 83 #
Motion for a resolution Recital C a (new) Amendment 84 #
Motion for a resolution Recital D D. whereas the Commission is preparing to publish an annual rule of law report
Amendment 85 #
Motion for a resolution Recital D D. whereas the Commission
Amendment 86 #
Motion for a resolution Recital D a (new) Da. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas the worrying state of media freedom and pluralism in the Union should be addressed more vigorously; whereas the announcement of the inclusion of a dedicated chapter for media freedom and pluralism in the Annual Rule of Law Report was strongly welcomed;
Amendment 87 #
Motion for a resolution Recital D a (new) Da. whereas the results of the Annual report on the monitoring the application of EU law should be taken in account regarding the number of infringements, gravity and their impact on the rule of law for European citizens and companies;
Amendment 88 #
Motion for a resolution Recital E E. whereas a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, once adopted, would become an indispensable tool in safeguarding the rule of law within the Union, if the voting procedure is designed in such a way that this instrument can be used effectively and cannot be blocked by a minority in the Council;
Amendment 89 #
Motion for a resolution Recital E E. whereas
Amendment 9 #
Motion for a resolution Citation 10 — having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter, the case law of the European Court of Human Rights and the European Committee of Social Rights, the conventions, recommendations, resolutions and reports of the Parliamentary Assembly, the Committee of Ministers, the Human Rights Commissioner
Amendment 90 #
Motion for a resolution Recital E E. whereas a regulation on the
Amendment 91 #
Motion for a resolution Recital E E. whereas a regulation on the protection of the Union’s budget in case of serious and generalised deficiencies as regards the rule of law in the Member States, once adopted, would become an indispensable tool in safeguarding the rule of law within the Union;
Amendment 92 #
Motion for a resolution Recital E a (new) Ea. Emphasises that the opinion of the Council Legal Service of 25 October 2018 concluded that secondary legislation cannot circumvent the procedure laid down in Article 7 TEU and that the rule of law cannot be used as a criterion triggering the mechanism referred to in the Commission’s proposal for a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, since this would lead to the circumvention of Article 7 TEU and would be equivalent to it, and would subsequently be easy to challenge before the Court of Justice of the European Union;
Amendment 93 #
Motion for a resolution Recital E a (new) Ea. whereas civil society and free media are essential for any democracy to thrive; whereas the shrinking space for civil society and independent journalism contributes to violations of democracy, the rule of law and fundamental rights; whereas civil society must be closely involved in any monitoring mechanism in this field;
Amendment 94 #
Motion for a resolution Recital F F. whereas any monitoring mechanism must closely involve
Amendment 95 #
Motion for a resolution Recital F F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national and regional human rights institutions, national and regional parliaments and local authorities; however, the resolutions on the state of democracy, the rule of law and fundamental rights of international institutions must have a differentiated treatment during the process
Amendment 96 #
Motion for a resolution Recital F F. whereas any monitoring mechanism
Amendment 97 #
Motion for a resolution Recital F F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities as well as national associations which are responsible for the support of the judiciaries in the independent delivery of justice;
Amendment 98 #
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, human rights defenders, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities;
Amendment 99 #
Motion for a resolution Recital F F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights
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