2022/2898(RSP) | [ParlTrack]

Citation 22

— having regard to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/209210 , _________________ 10 OJ C 67, 8.2.2022, p. 86.deleted

Amendment 100 #

Paragraph 11 a (new)

11a. Points out, similarly to the previous year, the fact that the independence of lawyers and bar associations is unconditionally interlinked with the independence of other actors of the judiciary and is therefore a part of the independence of the justice system; regrets, therefore, that the issue is not taken properly into consideration by the Commission and requests that in the 2023 Rule of law Report there is a more developed analysis of the independence of lawyers and bar associations as indispensable component of the independence of the justice system, due process and of the rule of law;

Amendment 101 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 11 b (new)

11b. Stresses that, in order to prevent foreign interference in the Member States democracies and sovereignty as well as meddling with the EU democratic institutions, the NGOs must make public their funding sources; underlines that, in order to respect the transparency principle and the right to know of the European citizens, all European bodies must disclose and publish a list with all the NGOs they finance;

Amendment 102 #

Paragraph 12

12. Reiterates its call on the Commission to expand the scope of its reporting to cover all values enshrined in Article 2 TEU; reiterates the intrinsic link between the rule of law, democracy and fundamental rights; urges the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement on an EU mechanism on democracy, the rule of law and fundamental rights, which should cover the full scope of Article 2 TEU values;deleted

Amendment 103 #

Paragraph 12

12. Reiterates its call on the Commission to expand the scope of its reporting to cover all values enshrined in Article 2 TEU; reiterates the intrinsic link between the rule of law, democracy and fundamental rights; urges the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement on an EU mechanism on democracy, the rule of law and fundamental rights, which should cover the full scope of Article 2 TEU values; deplores that human rights violation on migrants happening at the EU external borders are not part of the assessment made by the Commission;

Amendment 104 #

Paragraph 12

12. Reiterates ~~its call on the Commission to expand the scope of its reporting to cover all values enshrined in Article 2 TEU; reiterates the~~the existence of ab intrinsic link between the rule of law, democracy and fundamental rights; urges the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement on an EU mechanism on democracy, the rule of law and fundamental rights, which should cover the full scope of Article 2 TEU values;

Amendment 105 #

Paragraph 12

12. Reiterates its call on the Commission to expand the scope of its reporting to cover all values enshrined in Article 2 TEU; reiterates the intrinsic link between the rule of law, democracy and fundamental rights; urges the Commission and the Council to immediately enter into negotiations with Parliament on an intDeplores that the Commission is trying to make the impression that values enshrined in Article 2 TEU create obligations only for Member States and that it gives to the Commission an additional right to take stock of all aspects of the functioning of the Member States; underlin~~stitutional~~es that there are aglre~~ement on an EU mechanism on democracy, the rule of law and fundamental rights, which should cover the full scope of Article 2 TEU values~~ady different Treaty mechanisms and any duplication should be avoided;

Amendment 106 #

Paragraph 12

12. Reiterates its call on the Commission to expand the scope of its reporting to cover all values enshrined in Article 2 TEU; reiterates the intrinsic link between the rule of law, democracy and fundamental rights; urges the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement on an EU mechanism on democracy, the rule of law and fundamental rights, which should cover the full scope of Article 2 TEU values, in particular the issue of freedom of expression online and the unlawful restriction of freedom of expression by large online platforms by blocking accounts and so-called shadow banning; stresses the need to include in future reports issues relating to respect for religions and places of worship;

Amendment 107 #

Paragraph 12 a (new)

12a. Calls for the inclusion in the annual report of missing important elements of the Venice Commission’s 2016 Rule of Law Checklist, such as the prevention of abuse of powers, equality before the law and non-discrimination; believes that the situation of the civic space in the Member States deserves a separate chapter in the report considering the challenges faced by civil society in various Member States, which include legislative and administrative measures, restricted access to funding and smear campaigns;

Amendment 108 #

Maite PAGAZAURTUNDÚA, Moritz KÖRNER, Jana TOOM, Fabienne KELLER

Paragraph 12 a (new)

12a. Reminds the Commission that serious breaches with respect to corruption among members of government, high level politicians, media, independence and integrity of judges and prosecutors are taking place in Austria for many years now without the Commission taking any concrete actions as it does in the case of other Member States3a _________________ 3a https://www.politico.eu/article/austrian- court-convicts-on-heinz-christian-strache- on-corruption-charges/ https://orf.at/stories/3293604/ https://democracy- reporting.org/en/office/EU/publications/a ustrian-presidential-elections-and-the- rule-of-law https://www.politico.eu/article/dutch- scandal-serves-as-a-warning-for-europe- over-risks-of-using-algorithms/

Amendment 109 #

Paragraph 12 a (new)

12a. Welcomes the step taken by the Commission in including in its report the implementation of European Court of Human Rights (ECtHR) decisions by Member States as an indicator of quality and respect for the rule of law; calls on the Commission to extend this analysis to the implementation of national court rulings;

Amendment 11 #

Citation 24

— having regard to its resolution of 8 July 2021 on the creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget12 , _________________ 12 OJ C 99, 1.3.2022, p. 146.deleted

Amendment 110 #

Paragraph 12 a (new)

12a. Calls on the Commission to include a new separate chapter on the Union’s institutions, which would assess the situation in relation to separation of powers, accountability and checks and balances;

Amendment 111 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 12 b (new)

12b. Recalls that a new separate chapter on the Union’s institutions, which would assess the situation in relation to separation of powers, anti-corruption framework, accountability and checks and balances, would be desirable;

Amendment 112 #

Paragraph 13

13. ~~Strongly regrets the inability~~Calls ofn the Council to make meaningful progress in the ongoing Article 7(1) TEU procedures; urges the Council to address all new developments affecting the rule of law, democracy and fundamental rights; reiterates its call on the Council to address recommendations in the framework of this procedure, underlining that any further delaying of such action would amount to a breach of the rule of law principle by the Councimmission to stop using the Rule of Law Conditionality Regulation to put political pressure on some Member States to change policies approved in democratic elections that fall wit~~self; insists that Parliament’s role and competences be respected~~hin their competence;

Amendment 113 #

Paragraph 13

13. Strongly regrets th~~e inability of the Council to make meaningful progress in the ongo~~at the Council is avoiding voting ing Article 7(1) TEU procedures; urges the Council to address all new developments affecting the rule of law, democracy and fundamental rights; reiterates its call on the Council to address recommendations in the framework of this procedure, underlining that any further delaying of such action would amount to a breach of the rule of law principle by the Council itself; insists that Parliament’s role and competences be respectednderlines that this procedure should not be unnecessarily prolonged; urges the Council to schedule a vote and thus conclude the procedure;

Amendment 114 #

Paragraph 13 a (new)

13a. Emphasises that any discussions about sanctions against a Member State must be based solely on objective and technical criteria and not on political considerations or motivations;

Amendment 115 #

Paragraph 14

14. Str~~ongly condemns Member States’ authorities that refuse to engage in the Commission’s annual Rule of Law Dialogue~~esses that the participation of Member States in the Commission's annual Rule of Law Dialogue is not mandatory; shows understanding for those Member States that had decided to suspend cooperation with the Commission, in particular due to its methodological errors in the preparation of the reports and due to unequal treatment of Member States;

Amendment 116 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Nicolaus FEST, Laura HUHTASAARI

Paragraph 14

14. ~~Strongly condemns~~Understands, in the absence of a Treaty basis, the position of Member States’ authorities that refuse to engage in the Commission’s annual Rule of Law Dialogue;

Amendment 117 #

Paragraph 14

14. Strongly condemns ~~Member States’ authorities that refuse to engage in the Commission’s annual Rule of Law Dialogue~~the pressure put on Member States that wish to defend their constitutional identities;

Amendment 118 #

Paragraph 15

15. Reiterates the recommendations to the Commission to differentiate between systemic and individual breaches, and to accompany the country-specific recommendations with deadlines for implementation, targets and concrete actions to be taken;deleted

Amendment 119 #

Paragraph 15

15. Reiterates the recommendations to the Commission to differentiate between systemic and individual breaches, and to accompany the country-specific recommendations with deadlines for implementation, targets and concrete actions to be taken;deleted

Amendment 12 #

Citation 26

— having regard to its resolution of 15 December 2021 on the evaluation of preventive measures for avoiding corruption, irregular spending and misuse of EU and national funds in case of emergency funds and crisis-related spending areas14 , _________________ 14 OJ C 251, 30.6.2022, p. 48.deleted

Amendment 120 #

Paragraph 15

15. Reiterates the recommendations to the Commission to differentiate between systemic and individual breaches, and to accompany the country-specific recommendations with deadlines for implementation, targets and concrete actions to be taken; is concerned that biased distribution of funding in some countries impacts civil society organisations (CSOs) working on rights of vulnerable groups or working in general for causes that governments do not support; encourages a thorough assessment of these issues in all countries covered by the report and stresses the need for country recommendations addressing these issues; urges the Commission to consider direct management of EU funds so as to also ensure that end beneficiaries, including CSOs working with vulnerable groups, receive EU funding intended for them;

Amendment 121 #

Paragraph 15

15. Re~~iterates the recommendations to the Commission to differentiate between systemic and individual breaches, and to accompany the country-specific recommendations with deadlines for implem~~grets the fact that the report fails to clearly recognise the deliberate process of the rule of law backsliding in several Member States; calls on the Commission to make clear that when the Article 2 TEU values are being systematically, deliberately, gravely and permanently violated over a period of time, Member States could fail to meet all criteria that define a democracy and become authoritarian regimes; recalls that the Parliament has already indicated that Hungary has turned into a hybrid regime of electoral autocracy, according to the relevant indices; reiterates the recommendations to the Commission to differentiat~~ion, targets and concrete actions to be taken~~e between systemic and individual breaches, to avoid the risk of trivialising the most serious breaches of the rule of law;

Amendment 122 #

Paragraph 16

16. Recalls its position regarding the involvement of a panel of independent experts to advise the three institutions, in close cooperation with the FRA; repeats its call on the Commission to invite the FRA to provide methodological advice and conduct comparative research to add detail in key areas of the annual report, given the intrinsic links between fundamental rights and the rule of law;deleted

Amendment 123 #

Paragraph 16

16. Recalls its position regarding the involvement of a panel of independent experts to advise the three institutions, in close cooperation with the FRA; repeats its call on the Commission to invite the FRA to provide methodological advice and conduct comparative research to add detail in key areas of the annual report, given the intrinsic links between fundamental rights and the rule of law;deleted

Amendment 124 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 16

16. Recalls its position regarding the involvement of a panel of independent experts to advise the three institutions, in close cooperation with the FRA; repeats its call on the Commission to invite the FRA to provide methodological advice and conduct comparative research to add detail in key areas of the annual report, given the intrinsic links between fundamental rights and the rule of law; asks its Bureau, in light of the reluctance of the Commission and the Council, to organise a public procurement procedure in order to create such a panel under the auspices of Parliament, in line with the commitment undertaken in its previous resolutions1a, in order to advise Parliament on compliance with Article 2 TEU values in different Member States and to show by example how such a panel could work in practice; _________________ 1a Resolutions of 24 June 2021 on the Commission’s 2020 Rule of Law Report and of 19 May 2022 on the Commission’s 2021 Rule of Law Report

Amendment 125 #

Paragraph 16

16. ~~Recalls its position regarding the involvement of a panel of independent experts to advise the three in~~Supports the ongoing investitugations, in ~~close cooperation with the FRA; repeats its call on the Commission to invite the FRA to provide methodological advice and conduct comparative research to add detail in key areas of~~to allegations of wrongdoing by the man~~nual report, given the intrinsic links between fundamental rights and the rule of law~~agement of the EU Agency for Asylum;

Amendment 126 #

Paragraph 16 a (new)

16a. Reiterates its call on the Commission to consider a more comprehensive and ambitious revision of the FRA Regulation; calls on the Commission, therefore, to explore in the long-term the full potential of developing the FRA in accordance with principles relating to the status and functioning of national institutions for the protection and promotion of human rights (the Paris Principles) in order for it to become a fully independent body providing impartial and publicly available positions on country-specific situations in the field of democracy, the rule of law and fundamental rights; underlines that such development should go hand in hand with an increase in available resources for the FRA;

Amendment 127 #

Paragraph 16 b (new)

16b. Considers that cooperation with the Council of Europe and other international organisations is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EU; calls on the Commission to analyse systematically data on non-compliance with judgments of the European Court of Human Rights and views of the UN Treaty Bodies concerning individual communications;

Amendment 128 #

Paragraph 17

17. Reiterates that the annual rule of law cycle should serve as input for the activation of other instruments to respond to threats or breaches of the rule of law at national level, such as Article 7 TEU, the Rule of Law Conditionality Regulation; infringement procedures or instruments under EU financial legislation; reiterates its call on the Commission to create a direct link between the annual rule of law reports, among other sources, and the Rule of Law Conditionality Mechanism;deleted

Amendment 129 #

Paragraph 17

17. Reiterates that the annual rule of law cycle should serve as input for the activation of other instruments to respond to threats or breaches of the rule of law at national level, such as Article 7 TEU, the Rule of Law Conditionality Regulation; infringement procedures or instruments under EU financial legislation; reiterates its call on the Commission to create a direct link between the annual rule of law reports, among other sources, and the Rule of Law Conditionality Mechanism;deleted

Amendment 13 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Citation 28

~~— having regard to its resolution of 10 March 2022 on the rule of law and the consequences of the ECJ ruling16 , _________________ 16 OJ C 347, 9.9.2022, p. 168.~~deleted

Amendment 130 #

Paragraph 17

17. Re~~iterate~~calls that the ~~annual rule of law cycle should serve as input for the activation of other instruments to respond to threats or breaches of the rule of law at national level, such as Article 7 TEU~~Union acted outside its powers in adopting the Rule of Law Conditionality Regulation, going beyond the competences conferred upon it in the Treaties by the Member States; stresses, furthermore, that the Regulation infringes the principle of legal certainty; rejects, therefore, the Rule of Law Conditionality Regulation; infringement procedures or instruments under EU financial legislation; reiterates its call on the Commission to create a direct link between the annual rule of law reports, among other sources, and the Rule of Law Conditionality Mechanism its entirety; considers, too, that it is essentially a political tool for bypassing the principle of unanimity laid down in Article 7 of the EU Treaty and it thus infringes EU law;

Amendment 131 #

Paragraph 17

17. Reiterates that the annual rule of law cycle should serve as input for the activation of other instruments to respond to threats or breaches of the rule of law at national level, such as Article 7 TEU, the Rule of Law Conditionality Regulation~~; infringement procedures~~, the Rule of Law Framework, infringement procedures, including expedited procedures, applications for interim measures before the CJEU and actions regarding non-implementation of CJEU judgments, or instruments under EU financial legislation; reiterates its call on the Commission to create a direct link between the annual rule of law reports, among other sources, and the Rule of Law Conditionality Mechanism;

Amendment 132 #

Paragraph 18

18. Instructs its President to forward this resolution to the Council ~~and the Commission~~, the Commission, the European Union Agency for Fundamental Rights, the Council of Europe, the OSCE, the United Nations and the governments and parliaments of the Member States.

Amendment 14 #

Citation 30

~~— having regard to its resolution of 9 June 2022 on the rule of law and the potential approval of the Polish national recovery plan (RRF)18, _________________ 18 Texts adopted, P9_TA(2022)0240.~~deleted

Amendment 15 #

Citation 31

— having regard to its resolution of 15 September 2022 on the proposal for a Council decision determining, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded19, _________________ 19 Texts adopted, P9_TA(2022)0324.deleted

Amendment 16 #

Citation 35 a (new)

— having regard to its resolution of 24 November 2022 on the assessment of Hungary’s compliance with the rule of law conditions under the Conditionality Regulation and state of play of the Hungarian RRP,

Amendment 17 #

Citation 38 a (new)

— having regard to GRECO´s Fourth Evaluation Round - Corruption prevention in respect of members of parliament, judges and prosecutors - Second Interim Compliance Report - Austria - published on the 20st of April 2022,1a _________________ 1a https://rm.coe.int/fourth-evaluation- round-corruption-prevention-in-respect- of-members-of/1680a63353

Amendment 18 #

Citation 38 b (new)

— having regard to the fact that only two out of the 19 recommendations made by GRECO to Austria in its Evaluation Report with respect to critical issues such as corruption prevention in respect of members of parliament, corruption prevention in respect of judges, corruption prevention in respect of prosecutors, corruption prevention regarding judges and prosecutors have been implemented 1b, _________________ 1b https://rm.coe.int/fourth-evaluation- round-corruption-prevention-in-respect- of-members-of/1680a63353

Amendment 19 #

Citation 38 c (new)

— having regard to the ongoing judicial case against former chancellor Sebastian Kurz and new details made available by Thomas Schmid his former key alley about systemic corruption in the ruling conservative Austrian People’s party (ÖVP), the Austrian government2a political leaders and the media,2b _________________ 2a https://www.ft.com/content/2061b421- d0d5-4fe0-8a4d-0e67a7f9484b 2b https://foreignpolicy.com/2022/11/23/seba stian-kurz-political-scandal-austria/

Amendment 2 #

Citation 6

— having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget1 (the Rule of Law Conditionality Regulation), _________________ 1 OJ L 433 I, 22.12.2020, p. 1.deleted

Amendment 20 #

Citation 38 d (new)

— having regard to GRECO´s Fifth Evaluation Round - Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies - Compliance Report - Netherlands - published on the 6th of July 2021,

Amendment 21 #

Citation 38 e (new)

— having regard to the fact that with respect to its 16 recommendations to the Netherlands regarding the prevention of corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies, GRECO concludes that the Netherlands have satisfactorily implemented none of the 16 recommendations contained in the Fifth Round 16 Evaluation Report and eight recommendations have been partly implemented and eight have not been implemented,

Amendment 22 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Citation 38 f (new)

— whereas Article 2 TEU applies to the European Union and the Rule of Law Report should cover primarily the EU institutions, especially since they have long been accused of democratic deficit;

Amendment 23 #

Recital A

A. whereas ~~the Union is founded on the common values enshrined in~~ Article 25(3) TEU 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 – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union as part of the Copenhagen criteria, which cannot be disregarded or reinterpreted after accession; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may states that ‘under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed a ~~systemic threat to the Un~~ction can~~d the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the Union as a whole and its Member States at all levels of governance, including subnational entities~~not be sufficiently achieved by the Member States’;

Amendment 24 #

Recital A

A. whereas the Union is founded on the common values enshrined in Article 2 TEU 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 – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union as part of the Copenhagen criteria, which cannot be disregarded or reinterpreted after accession; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union and the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the Union as a whole and its Member States at all levels of governance, including subnational entities; whereas the Union's institutions must also respect the equality of the Member States under the Treaties as well as their constitutional and legal order, national sovereignty and identities as well as religious and cultural traditions;

Amendment 25 #

Recital A

A. whereas the Union is founded on the common values enshrined in Article 2 TEU 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 – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union as part of the Copenhagen criteria, which cannot be disregarded or reinterpreted after accession, especially by the Commission and the Court of Justice; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union and the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the Union as a whole, including its institutions and its Member States at all levels of governance, including subnational entities;

Amendment 26 #

Recital A a (new)

Aa. whereas there is not yet an agreed definition of the rule of law and a single system to assess the compliance with the rule of law at the level at the Union, equally applied to all Member States;

Amendment 27 #

Recital A a (new)

Aa. whereas the decisions of the Court of Justice of the European Union are mandatory for the member states as long as they do not contravene their national constitutions;

Amendment 28 #

Recital B

B. whereas the Conference on the Future of Europe clearly expressed a desire for the EU to systematically uphold the rule of law across all Member States, to protect citizens’ fundamental rights and to retain the EU’s credibility when promoting its values abroad;deleted

Amendment 29 #

Recital B

B. whereas the Conference on the Future of Europe clearly expressed a desire for the EU to systematically uphold the rule of law across all Member States, to protect citizens’ fundamental rights and to retain the EU’s credibility when promoting its values abroad; whereas the European Parliament Delegation did not give its consent to the draft proposals of the Conference on the Future of Europe unanimously; whereas the Council reserved its position on each individual proposal; whereas there was no consensus among the national parliaments;

Amendment 3 #

Citation 11

— having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Social Charter, the case-law of the European Court of Human Rights and the European Committee of Social Rights, and the conventions, recommendations, resolutions, opinions and reports of the Parliamentary Assembly, the Committee of Ministers, the Human Rights Commissioner, the European Commission Against Racism and Intolerance, the Steering Committee on Anti- Discrimination, Diversity and Inclusion, and the Venice Commission ~~and other bodies of the Council of Europe~~,

Amendment 30 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Recital B

B. whereas the Conference on the Future of Europe clearly expressed a desire for the EU to systematically uphold the rule of law across all Member States, to protect citizens’ fundamental rights and to retain the EU’s credibility when promoting its values within the EU and abroad;

Amendment 31 #

Recital B a (new)

Ba. whereas there is no commonly accepted legal definition of the concept of the ‘rule of law’ at EU level and the Commission seeks to attribute a subjective set of values and principles to it;

Amendment 32 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Recital C

C. whereas the principle of sincere cooperation in Article 4(3) TEU places an obligation on the Union and the Member States to assist each other in carrying out obligations which arise from the Treaties in full mutual respect, and on Member States to take any appropriate measure, general or in particular, to ensure the fulfilment of the obligations arising from the Treaties or resulting from the acts of the institutions of the Unioneach Member State has its own national identity and the abuse of the concept of the rule of law for political aims destroys mutual trust and sincere cooperation between Member States;

Amendment 33 #

Recital C a (new)

Ca. whereas the supreme law of each state, validated through the direct vote of the citizens, is the Constitution, and considering that the European citizens rejected to adopt a European Super- Constitution, the European Treaties cannot themselves fulfil the role of the European Constitution and prevail over the national constitutions;

Amendment 34 #

Recital D

~~D. whereas the addition of concrete and legally binding country-specific recommendations would help Member States to prevent, detect and address systemic challenges and backsliding on the rule of law;~~deleted

Amendment 35 #

Recital D

~~D. whereas the addition of concrete and legally binding country-specific recommendations would help Member States to prevent, detect and address systemic challenges and backsliding on the rule of law;~~deleted

Amendment 36 #

Recital D

D. whereas the addition of concrete and legally binding country-specific recommendations would help Member States to prevent, detect and address ~~systemic~~ challenges and backsliding on the rule of law;

Amendment 37 #

Recital D

D. whereas the addition of concrete ~~and legally binding~~ country-specific recommendations would help Member States to prevent, detect and address systemic challenges and backsliding on the rule of law;

Amendment 38 #

Recital E

E. whereas the Member States introduced emergency measures to respond to the COVID-19 pandemic; whereas, in order to be lawful, these needed to respect the principles of necessity and proportionality when restricting fundamental rights or basic freedoms; whereas some governments have used the extraordinary measures as an excuse to weaken democratic checks and balances;deleted

Amendment 39 #

Recital E a (new)

Ea. whereas the Commission has blatantly violated the transparency principle and negotiated with the pharmaceutical companies contracts regarding the manufacturing of the anti- COVID-19 vaccines, which, to this day, are not fully published;

Amendment 4 #

Citation 12

— having regard to the Memorandum of Understanding between the Council of Europe and the European Union of 23 May 2007 and the Council conclusions of 8 July 2020 on EU priorities for cooperation with the Council of Europe 2020-2022,deleted

Amendment 40 #

Recital E b (new)

Eb. whereas the European Ombudsman has conducted an investigation at the end of 2021 regarding the Commission President Ursula von der Leyen and the Pfizer's CEO Albert Bourla about the exchange of personal texts and calls related to the procurement of COVID-19 vaccines, which the Commission has refused to disclose afterwards; whereas the Ombudsman found that this behaviour constituted maladministration, as the exchanges took place in the context of negotiations on a contract for the procurement of vaccines that was later concluded;1a _________________ 1a https://www.ombudsman.europa.eu/en/rec ommendation/en/151678

Amendment 41 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Recital E c (new)

Ec. Whereas the European Public Prosecutor's Office has announced on the 14th of October 2022 that there is an ongoing investigation into the acquisition of COVID-19 vaccines in the EU and the fact that the exceptional confirmation comes after the extremely high public interest into the matter;

Amendment 42 #

Recital F

F. whereas it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensive EU mechanism to protect democracy, the rule of law and fundamental rights effectively and to ensure that Article 2 TEU values are upheld throughout the Union as well as by candidate countries, albeit with different monitoring regimes, so that Member States are prevented from developing domestic law that runs counter to the protection of Article 2 TEU; whereas the Commission and the Council have continued to dismiss the need for an interinstitutional agreement on an EU mechanism on democracy, the rule of law and fundamental rightsthere is no general competence in the EU Treaties that allows the institutions of the EU to enforce its interpretation of the rule of law throughout the Union;

Amendment 43 #

Recital F

F. whereas ~~it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensive~~there exist already various EU mechanisms to protect democracy, the rule of law and fundamental rights effectively and to ensure that Article 2 TEU values are upheld throughout the Union as well as by candidate countries, albeit with different monitoring regimes, so that Member States are prevented from developing domestic law that runs counter to the protection of Article 2 TEU; whereas the Commission and the Council have continued to dismiss the need for an interinstitutional agreement on an EU mechanism on democracy, the rule of law and fundamental rightsArticle 2 TEU so it is not necessary to create any new one;

Amendment 44 #

Recital F

F. whereas it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensive EU mechanism to protect democracy, the rule of law and fundamental rights effectively and to ensure that Article 2 TEU values are upheld throughout the Union as well as bypromoted among candidate countries, albeit with different monitoring regimes, so that Member States are prevented from developing domestic law that runs counter to the protection of Article 2 TEU; whereas the Commission and the Council have continued to dismiss the need for an interinstitutional agreement on an EU mechanism on democracy, the rule of law and fundamental rights;

Amendment 45 #

Recital F a (new)

Fa. whereas since May 2022, the Parliament has also addressed the rule of law situation in Hungary, Malta and Poland in its plenary resolutions; whereas Parliament’s Committee on Civil Liberties, Justice and Home Affairs’ Democracy, Rule of Law and Fundamental Rights Monitoring Group has also addressed certain issues in Bulgaria, Greece, Slovakia, Slovenia and Spain;

Amendment 46 #

Recital F a (new)

Fa. whereas transparency is one of the key founding elements of the European Union and, despite this fact, the Commission had not disclose the name of authors of none of the Rule of law reports, which raises doubts about the objectivity, accuracy and professionalism of these reports;

Amendment 47 #

Paragraph 1

1. ~~Welcom~~Notes the Commission’s third annual rule of law report ~~as part of the Commission’s rule of law toolbox; considers that while the~~; considers that the Commission has no competence to prepare such a report; re~~presents a step towards a coherent mechanism to preserve Union values, the toolbox remains~~minds that Article 2 TEU, which defines the core values of the Union, applies not only and not even primarily too ~~flexible and too broad an approach to the rule of law~~the Member States, but to the European Union as such, so it is the Union institutions that should be covered by the report in the first instance;

Amendment 48 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 1

1. ~~Welcom~~Urges the Commission, when drafting the Rule of Law Report, that the sovereignty and constitutional order of each and every Member States have to be respected; notes the Commission’s third annual rule of law report as part of the Commission’s rule of law toolbox; considers that while the report represents a step towards a coherent mechanism to preserve Union values, the toolbox remains too flexible and too broad an approach to the rule of law;

Amendment 49 #

Paragraph 1

1. ~~Welcomes the Commission’s third annual rule of law report a~~recalls that the Member States par~~t of the Commission’s rule of~~e and remain, under public international law, t~~oolbox; considers that while the report represents a step towards a coherent mechanism to preserve Union values, the toolbox remains too flexible and too broad an approach to the rule of law~~he masters of the Treaties; calls for a reform of the EU towards a Europe that upholds the sovereignty and identity of our European nations and peoples;

Amendment 5 #

Citation 13

— having regard to the Commission’s reasoned proposal for a Council decision of 20 December 2017 on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law, issued in accordance with Article 7(1) TEU (COM(2017)0835),deleted

Amendment 50 #

Paragraph 1

1. Welcomes the Commission’s third annual rule of law report as part of the Commission’s rule of law toolbox; considers that ~~while~~ the report represents a step towards a coherent mechanism to preserve Union values~~, the toolbox remains too flexible and too broad an approach to the rule of law~~ enshrined in Article 2 TEU, and that the key challenge now is to make use of existing toolbox to protect and enforce those values;

Amendment 51 #

Paragraph 1

1. Welcomes the Commission’s third annual rule of law report as part of the Commission’s rule of law toolbox; considers that while the report represents a step towards a coherent mechanism to ~~preserve~~uphold Union values, the toolbox remains too flexible and too broad an approach to the rule of law;

Amendment 52 #

Paragraph 1 a (new)

1a. Notes that the 2020 Rule of Law report, the 2021 and the current one, do not have the name of the authors who wrote the report; calls on the Commission to be fully transparent about the report and disclose in the report the name of the experts who wrote it;

Amendment 53 #

Paragraph 1 a (new)

1a. Calls for a report on the rule of law in the Union institutions, including abuses of competence, lobbying, favouritism towards selected countries or companies and unacceptable ideological bias;

Amendment 54 #

Paragraph 2

2. Notes ~~some~~no improvements compared to previous annual reports, such as the addition of country-specific recommendations; notes also the special attention paid to the public service media and to measures to ensure the transparency of media ownership, including the Media Pluralism Monitor rank; notes that the Commission is still struggling, the assessment of the implementation of the rulings of the European Court of Human Rights by the Member States, the attention paid to political party financing, the focus on equality bodies, national human rights institutions and ombudspersons, the monitoring of high-level appointments in the justice system and the increased attention paid to the legal professiono define what the rule of law is, as its report on the rule of law describes many different values listed in Article 2 of the TEU;

Amendment 55 #

Paragraph 2

2. Notes some improvements compared to previous annual reports, ~~such as the addition of country-specific recommendations; notes also~~including the special attention paid to the public service media and to measures to ensure the transparency of media ownership, including the Media Pluralism Monitor ranking, the assessment of the implementation of the rulings of the European Court of Human Rights by the Member States, the attention paid to political party financing, the focus on equality bodies, national human rights institutions and ombudspersons, the monitoring of high-level appointments in the justice system and the increased attention paid to the legal profession;

Amendment 56 #

Paragraph 2

2. Notes ~~som~~considerable improvements compared to previous annual reports, such as the addition of country-specific recommendations; notes also the special attention paid to the public service media and to measures to ensure the transparency of media ownership, ~~including the Media Pluralism Monitor ranking,~~ the assessment of the implementation of the rulings of the European Court of Human Rights by the Member States, the attention paid to political party financing, the focus on equality bodies, national human rights institutions and ombudspersons, the monitoring of high-level appointments in the justice system and the increased attention paid to the legal profession, including judges, notaries and attorneys;

Amendment 57 #

Paragraph 2

2. Notes some improvements compared to previous annual reports, such as the addition of country-specific recommendations; ~~not~~welcomes also the special attention paid to the public service media and to measures to ensure the transparency of media ownership, including the Media Pluralism Monitor ranking, the assessment of the implementation of the rulings of the European Court of Human Rights by the Member States, the attention paid to political party financing, the focus on equality bodies, national human rights institutions and ombudspersons, the monitoring of high-level appointments in the justice system and the increased attention paid to the legal profession;

Amendment 58 #

Paragraph 2 a (new)

2a. Urges the Commission to actively participate in public debates at local, regional and national level and to invest more into awareness-raising about the Union values and applicable tools, including the annual report, especially in those countries where there are serious concerns; encourages the Commission to devote greater efforts to deepening the analysis, and invites the Commission to ensure proper resources for that; believes that more time should be devoted to the Commission’s country visits, including onsite;

Amendment 59 #

Paragraph 2 a (new)

2a. Condemns the Commission for its unequal treatment of the Member States described in the reports; condemns especially the Commission's different treatment of the same or similar legal solutions in different Member States; condemns the Commission for trying to impose ideological and religious solutions on Member States, in particular on LGBT and abortion;

Amendment 6 #

Citation 14

— having regard to the reports of the European Union Agency for Fundamental Rights (FRA) of 19 July 2022 entitled ‘Europe’s civil society: still under pressure’, of 8 June 2022 entitled ‘Fundamental Rights Report 2022’ and of 19 August 2022 entitled ‘Protecting civic space in the EU’, and its other reports, data and tools, in particular the European Union Fundamental Rights Information System (EFRIS),deleted

Amendment 60 #

Paragraph 2 b (new)

2b. Calls on the Council and the Commission to provide adequate funding for an independent and European-wide, national, regional an d local quality journalism that investigates in particular where violations and shortcomings have been identified;

Amendment 61 #

Paragraph 2 c (new)

2c. Calls on the Commission to launch a dedicated programme that supports innovative initiatives with the aim of promoting formal and informal education with regard to the rule of law and democratic institutions among EU citizens of all ages, in particular among legal professionals;

Amendment 62 #

Paragraph 2 d (new)

2d. Regrets worrying trends with respect to freedom of the press, media pluralism and safety of journalists in several member states and calls on the Commission to closely monitor situation of the media in future editions of the report, as well as to provide recommendations and follow up through adequate policy and legal measures; expresses serious concern about the impunity afforded to Maltese high public officials implicated in corruption and money laundering that was reported by murdered investigative Daphne Caruana Galizia; affirms that journalists will be at risk as long as institutions remain unable to or unwilling to prosecute corruption exposed by journalists; expresses concern about an attempt by the government of Slovenia to change media law in an urgent procedure without sufficient public debate and consultation, thereby undermining confidence in the independence of public broadcaster;

Amendment 63 #

Paragraph 2 e (new)

2e. Stresses the special role national councils of judiciary play in protecting independence of courts and judges against political interference; deplores the continued politicisation of those bodies in Poland and Hungary as well as the devastating effect this has on the independence and integrity of their justice systems; strongly regrets the inability of the government in Spain to renew the General Council of Judiciary, which compromises its ability to perform its tasks effectively, and undermines the stability of the judiciary as a whole;

Amendment 64 #

Paragraph 2 f (new)

2f. Acknowledges the important role of European Public Prosecutor Office (EPPO) in guarding the rule of law and anti-corruption in the Union, and encourages the Commission to closely monitor the level of cooperation of member states with EPPO in subsequent reports; calls on the member states who have not done so yet to join the EPPO;

Amendment 65 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 2 g (new)

2g. Points out that the prosecution service is a key element in fighting crime, corruption and abuse of power; stresses the need for safeguards to be put in place to ensure the independence of the prosecution service and individual prosecutors so that they are free from undue political pressure, especially from the government, while meeting necessary conditions of accountability to prevent abuse of negligence; expresses its solidarity and support to all victims of crime;

Amendment 66 #

Paragraph 3

3. Deplores the fact that the Commission did not address in full the recommendations made by Parliament in its previous resolutions24; _________________ 24 Resolutions of 24 June 2021 on the Commission’s 2020 Rule of Law Report and of 19 May 2022 on the Commission’s 2021 Rule of Law Report.deleted

Amendment 67 #

Paragraph 3

3. Deplores the fact that the Commission did not address in full the recommendations made by Parliament in its previous resolutions24 ; _________________ 24 Resolutions of 24 June 2021 on the Commission’s 2020 Rule of Law Report and of 19 May 2022 on the Commission’s 2021 Rule of Law Report.deleted

Amendment 68 #

Paragraph 3

3. ~~Deplores the fact that the Commission did not~~Welcomes improvements in the report and calls on the Commission to take further steps to address in full the recommendations made by Parliament in its previous resolutions24 ; _________________ 24 Resolutions of 24 June 2021 on the Commission’s 2020 Rule of Law Report and of 19 May 2022 on the Commission’s 2021 Rule of Law Report.

Amendment 69 #

Paragraph 4

4. Is concerned about the lack of consistency between the horizontal report and the recommendations, in particular that the country-specific concerns expressed in the horizontal report do not fully correspond to the country-specific recommendations; asks for a clear link to be established between the concerns expressed and the recommendations put forward;deleted

Amendment 7 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Citation 16

~~— having regard to its resolution of 1 March 2018 on the Commission’s decision to activate Article 7(1) TEU as regards the situation in Poland4, _________________ 4 OJ C 129, 5.4.2019, p. 13.~~deleted

Amendment 70 #

Paragraph 5

5. Highlights that the intentional targeting of minority groups’ rights in some Member States has created and established momentum elsewhere, as can be evidenced by backtracking on the rights of women, including a deterioration in the situation in relation to sexual and reproductive health and rights, and of LGBTIQ+ persons, migrants and other minority groups; calls for a summary of the implementation of the EU anti-racism action plan in the report’s country chapters and an analysis of how the backlash in the rule of law affects different minority groups;deleted

Amendment 71 #

Paragraph 5

5. Highlights that t~~he intentional targeting of minority groups’ rights in some~~o date, no Member States has ~~created and established momentum elsewhere, as can be evidenced by backtracking on the rights of women, including a deterioration in the situation in relation to~~been found to have breached the Article 2 TEU values, nor even been found to be at serious risk of violating them; underlines that the rights of women, including sexual and reproductive health ~~and rights~~, and of LGBTIQ+ persons, migrants and other minority groups; calls for a summary of the implementation of the EU anti-racism action plan in the report’s country chapters and an analysis of how the backlash in the rule of law affects different minority groupsgroups must not be part of the Commission's report;

Amendment 72 #

Paragraph 5

5. Highlights that the intentional targeting of minority groups’ rights in some Member States has created and established momentum elsewhere, as can be evidenced by backtracking on the rights of women~~, including a deterioration in the situation in relation to sexual and reproductive health and rights,~~ and of LGBTIQ+ persons, migrants and other minority groups; calls for a summary of the implementation of the EU anti-racism action plan in the report’s country chapters and an analysis of how the backlash in the rule of law affects different minority groups;

Amendment 73 #

Paragraph 5

5. Highlights that the intentional targeting of minority groups’ rights in some Member States has created and established momentum elsewhere, as can be evidenced by backtracking on the rights of women, including a deterioration in the situation ~~in relation to sexual and reproductive health and rights, and~~ of LGBTIQ+ persons, migrants and other minority groups; calls for a summary of the implementation of the EU anti-racism action plan in the report’s country chapters and an analysis of how the backlash in the rule of law affects different minority groups;

Amendment 74 #

Paragraph 5 a (new)

5a. Calls on the Commission to include country chapters of all candidate and potential candidate countries to EU enlargement with an in-depth analysis on their justice systems, anti-corruption frameworks, on media freedom and pluralism, as well as on institutional checks and balances;

Amendment 75 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 6

6. ~~Welcom~~Notes the addition of country- specific recommendations, as a follow up to the reiterated calls from Parliament to this end; recalls that the annual reports serve as a basis for informed discussions on the rule of law situation in Member States; acknowledges that these country- specific recommendations help to target specific issues with a view to achieving real improvements in Member States; deplores, however, the fact that the recommendations are not binding; calls on the Commission to develop the annual rule of law cycle further by assessing the implementation of the country-specific recommendations in the next annual report, with specific benchmarks and a clear timeline for implementation;

Amendment 76 #

Paragraph 6

6. ~~Welcomes the addition of country- specific recommenda~~Calls on the EU institutions, a~~s a follow up to the reiterated calls from Parliament to this end; recalls that the annual reports serve as a basis for informed discus~~nd the Member States to abandon their economically and politically disastrous centralising visions on the rule of law situation in Member States; acknowledges that these country- specific recommendations help to target specific issues with a view to achieving real improvements in Member States; deplores, however, the fact that the recommendations are not binding; calls on the Commission to develop the annual rule of law cycle further by assessing the implementation of the country-specific recommendations in the next annual report, with specific benchmarks and a clear timeline for implementationf an ‘ever closer union’, and instead calls for a form of European cooperation that respects the limitations of the EU as laid down by the existing Treaties and is in accordance with the principles of national sovereignty, democracy, transparency, strict subsidiarity and accountability;

Amendment 77 #

Paragraph 6

6. ~~Welcomes the addition of country- specific recommendations, as a follow up to the reiterated calls from Parliament to this end~~Stresses that the Commission has no competence to make either binding or non-binding recommendations on the Union's values contained in Article 2 TEU; recalls that the annual reports serve as a basis for ~~informed~~ discussions on the rule of law situation in Member States; ~~acknowledges that these country- specific recommendations help to target specific issues with a view to achieving real improvements in Member States; deplores, however,~~deplores the fact that the recommendations ~~are not binding~~were prepared; calls on the Commission to ~~develop~~stop immediately the annual rule of law cycle ~~further by assessing the implement~~and especially preparation of the country- specific recommendations ~~in the next annual report, with specific benchmarks and a clear timeline for implementation~~;

Amendment 78 #

Paragraph 6

6. Welcomes the addition of country- specific recommendations, as a follow up to the reiterated calls from Parliament to this end; recalls that the annual reports serve as a basis for informed discussions on the rule of law situation in Member States; acknowledges that these country- specific recommendations help to target specific issues with a view to achieving real improvements in Member States; deplores, however, the fact that the recommendations are not binding; calls on the Commission to develop the annual rule of law cycle further by assessing the implementation of the country-specific recommendations in the next annual report, with specific benchmarks and a clear timeline for implementation, clearly indicating progress and regression;

Amendment 79 #

Paragraph 6

6. Welcomes the addition of country- specific recommendations, as a follow up to the reiterated calls from Parliament and civil society to this end; recalls that the annual reports serve as a basis for informed discussions on the rule of law situation in Member States and in EU institutions; acknowledges that these country- specific recommendations help to target specific issues with a view to achieving real improvements in Member States; deplores, however, the fact that the recommendations are not binding; calls on the Commission to develop the annual rule of law cycle further by assessing the implementation of the country-specific recommendations in the next annual report, with specific benchmarks and a clear timeline for implementation;

Amendment 8 #

Citation 18

— having regard to its resolution of 12 September 2018 on a proposal calling on the Council to determine, pursuant to Article 7(1) TEU, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded6, _________________ 6 OJ C 433, 23.12.2019, p. 66.deleted

Amendment 80 #

Paragraph 7

7. Regrets the fact that many of the recommendations are too vague and lack the specificity required to ensure effective implementation; reiterates the need to set out a timeline for the implementation of the recommendations and to detail the possible consequences in the event of non-compliance;deleted

Amendment 81 #

Paragraph 7

7. Regrets the fact that many of the recommendations are too vague and lack the specificity required to ensure effective implementation; reiterates the need to set out a timeline for the implementation of the recommendations and to detail the possible consequences in the event of non-compliance;deleted

Amendment 82 #

Paragraph 8

~~8. Urges the Commission to initiate the relevant procedures without hesitation or delay, especially when governments show no willingness to comply with the country-specific recommendations;~~deleted

Amendment 83 #

Paragraph 8

~~8. Urges the Commission to initiate the relevant procedures without hesitation or delay, especially when governments show no willingness to comply with the country-specific recommendations;~~deleted

Amendment 84 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 8

~~8. Urges the Commission to initiate the relevant procedures without hesitation or delay, especially when governments show no willingness to comply with the country-specific recommendations;~~deleted

Amendment 85 #

Paragraph 8

8. ~~Urges the Commission to initiate the relevant procedures without hesitation or delay, especially when governments show no willingness to comply with the country-specific~~ Stresses that each Member State has its own national identity and constitutional traditions, which are in line with European values and must always be treated with respect, objectivity and with regard to the principle of equality; underlines that the rule of law is a fundamental value for all Member States; expresses concern that the abuse of the concept of the rule of law for political aims destroys mutual trust and sincere co~~mmendation~~operation between Member States;

Amendment 86 #

Paragraph 8 a (new)

8a. Is concerned about the complaints from NGOs, professional associations of magistrates and Member States about the objectivity of the Rule of Law Reports and the sources of information chosen by the Commission;

Amendment 87 #

Jean-Paul GARRAUD, Philippe OLIVIER, Patricia CHAGNON, Jaak MADISON, Laura HUHTASAARI, Nicolaus FEST

Paragraph 9

9. Commends the efforts by the Commission to engage better with national stakeholders; recognises civil society as an essential actor for the rule of law, with an important role to play in the follow-up to the annual report and its implementation; calls on the Commission to pursue the consistent and meaningful involvement of civil society in both the preparation and the follow-up to the report at national level, in cooperation with the FRA; including by allowing sufficient time to contribute to the process and reaching out extensively to civil society organisations in country visits; calls on the Commission to secure a more inclusive, transparent and user- friendly approach to the cycle, to ensure meaningful stakeholder participation and accountability throughout the process; calls on the Commission to further invest, through dedicated funding, in building capacity for CSOs to monitor and report on the RoL situation in the Member States, and to ensure adequate protection to civil society engaging in the process;

Amendment 88 #

Paragraph 9

9. Commends the efforts by the Commission to engage better with national stakeholders; recognises civil society as an essential actor for the rule of law, with an important role to play in the follow-up to the annual report and its implementation; calls on the Commission to pursue the consistent involvement of civil society alls for an investigation into violations of fundamental rights by non- governmental organisations, including those facilitating the ~~follow-up to the report at national level, in cooperation with~~smuggling of illegal migrants into the ~~FRA~~EU;

Amendment 89 #

Paragraph 9

9. Co~~mmends the efforts by the Commission to engage better with national stake~~nsiders that information from Member States' authorities should~~ers; recognises civil society as an essential actor for the rule of law, with~~ be the basis for information; points out that civil society organisations are often political and important role to play in the follow-up to the annual report and its implementation; calls on the Commission to pursue the consistent involvement of civil society in the follow-up to the report at national level, in cooperation with the FRAdeological movements and may also be susceptible to disinformation and propaganda, including from third countries interested in destabilising Member States;

Amendment 9 #

Citation 19 a (new)

— having regard to the report of the European Union Agency for Fundamental Rights of 10 September 2020 on Anti-Semitism: Overview of anti- Semitic incidents recorded in the European Union,

Amendment 90 #

Paragraph 9

9. Commends the efforts by the Commission to engage better with national stakeholders; recognises civil society as an essential actor for the rule of law, with an important role to play in the follow-up to the annual report and its implementation; calls on the Commission to pursue the consistent involvement of civil society in the follow-up to the report at national level~~, in cooperation with the FRA~~;

Amendment 91 #

Paragraph 9

9. Commends the efforts by the Commission to engage better with national stakeholders; recognises civil society as an essential actor for the rule of law, with an important role to play in the follow-up to the annual report and its implementation; calls on the Commission to pursue the consistent involvement of civil society in the follow-up to the report at national level, including in cooperation with the FRA;

Amendment 92 #

Maite PAGAZAURTUNDÚA, Moritz KÖRNER, Jana TOOM, Fabienne KELLER

Paragraph 9 a (new)

9a. Acknowledges the crucial role civil society and healthy civic space play for upholding and protecting the rule of law and reiterates its call to dedicate a separate chapter to the condition of civil society in Member States; calls on the Commission to monitor the impact of the Citizens Equality Rights and Values programme on the civil society in Member States;

Amendment 93 #

Paragraph 9 a (new)

9a. Calls for a more systematic presentation of the contributions made by civil society, in particular those made by groups of qualitative value such as associations of judges, lawyers and prosecutors, in order to supplement the information provided by the governments of the Member States;

Amendment 94 #

Paragraph 10

10. Stresses the need for country- specific recommendations on the national responses to the COVID-19 pandemic and their impact on democracy, the rule of law and fundamental rights within the Union; calls on the Commission to continue monitoring and reporting on these national processes, including best practicat the primary responsibility for health protection and, in particular, healthcare systems continues to lie with the Member States;

Amendment 95 #

Paragraph 10

10. Stresses the need for country- specific ~~recommendation~~inquiries on the national responses to the COVID-19 pandemic and their impact on democracy, the rule of law and fundamental rights within the Union; calls on the Commission to continue monitoring and reporting on these national processes, including best practices;

Amendment 96 #

Paragraph 11

11. ~~Regret~~Notes the absence of country- specific recommendations related to Member States’ ~~unlawful~~ use of surveillance spyware technologies, such as Pegasus or Predator, in spite of the concrete revelations on, and increasing evidence of, their use against journalists, politicians, law enforcement officials, diplomats, lawyers, business people, civil society actors and other actors; is extremely concerned about the related risks to civil society, democracy, the rule of law and respect for fundamental rights posed by national governments’ uncontrolled use of spyware; regrets the lack of cooperation by some Member States’ authorities with Parliament’s Committee of Inquiry to investigate the use of Pegasus and equivalent surveillance spywar; underlines that national security remains the sole responsibility of each Member State;

Amendment 97 #

Paragraph 11

11. Regrets the absence of country- specific recommendations related to Member States’ unlawful use of surveillance spyware technologies, such as Pegasus or Predator, in spite of the concrete revelations on, and increasing evidence of, their use against journalists, politicians, law enforcement officials, diplomats, lawyers, business people, civil society actors and other actors; is extremely concerned about the related risks to civil society, democracy, the rule of law and respect for fundamental rights posed by national governments’ uncontrolled use of spyware; regrets the lack of cooperation by some Member States’ authorities with Parliament’s Committee of Inquiry to investigate the use of Pegasus and equivalent surveillance spyware; recalls the importance of ensuring an enabling environment for civil society and stresses the links between civic space and rule of law issues; commends the Commission’s efforts to include civic space issues and calls on it to further develop civic space issues in future reports and to formulate specific recommendations to Member States in this regard;

Amendment 98 #

Paragraph 11

11. ~~Regrets the absence of country- specific recommendations related~~Is extremely concerned about the risks to Mdem~~ber States’ unlawful use of surveillance spyware technologies, such as Pegas~~ocracy, the rule of law and respect for fundamental rights posed by alleged abuse o~~r Predator, in spite of the concrete revelations on, and increasing evidence of, their use against~~f spyware by some national governments, which reportedly targeted journalists, politicians, law enforcement officials, diplomats, lawyers, business people, civil society actors and other actors; ~~is extremely concerned about the related risks to civil society, democracy, the rule of law and respect for fundamental rights posed by national governments’ uncontrolled use of spyware;~~ regrets the lack of cooperation by some Member States’ authorities with Parliament’s Committee of Inquiry to investigate the use of Pegasus and equivalent surveillance spyware;

Amendment 99 #