2023/2113(INI) | [ParlTrack]

Draft opinion
Paragraph 1

1. Recalls that the Union’s legal structure is based on the fundamental premise that each Member State shares with all the other Member States a set of common values on which the EU is founded, as stated in Article 2 of the Treaty on European Union1 ; recalls further that the rule of law, as enshrined in EU primary law and further defined in the case-law of the Court of Justice of the European Union (CJEU), is akin to democracy and fundamental rights; ~~stresses that any backsliding on the rule of law~~reminds that the rule of law and rules-based international order are key to fight the spread of authoritarian regimes, the violation of international law, help consolidate democratic structures, and protect human rights; stresses that any backsliding on the rule of law, which is based on the separation and balancing of powers, in any given Member State significantly affects the common area of freedom, security and justice, as well as mutual trust and mutual recognition as leading principles of EU law in this area2 ; _________________ 1 See opinion 2/2013 of the Court of Justice of the European Union (Full Court) of 18 December 2014, ECLI:EU:C:2014:2454, paragraph 168. 2 Ibid., paragraph 191.

Amendment 10 #

Draft opinion
Paragraph 9 a (new)

9 a. Recalls that the fight against corruption is essential to maintain the rule of law and preserve and foster citizens’ trust in public institutions and, to be effective, it requires a robust legal and administrative anti-corruption framework based on integrity, transparency and accountability, namely in public life, stressing the disclosure of interests declarations and the protection of whistleblowers when applicable;

Amendment 11 #

Draft opinion
Paragraph 10

10. States that corruption is a menace that can destroy democracies ~~and has to be combated in all its forms~~, undermining citizens' trust in institutions, and has to be combated in all its forms; points out that corruption is the most common avenue by which organised crime infiltrates and controls the economy; is worried that the latest Report shows either no or only very slow progress in relation to anti- corruption prevention measures in several Member States; is extremely worried about the reluctance to establish registers of lobbyists, transparency registers and proper systems of asset declarations by public office holders and senior officials, as well as about the lack of political will to introduce strict rules within revolving doors policies; highlights, in this context, the importance of a transparent legislative procedure with far-reaching access to documents, and rules to ensure the highest degree of transparency and accountability in public administrations and public decision-making with a view to preventing corruption11; _________________ 11 See, in this context, Article 3 of the proposal for a directive of the European Parliament and of the Council of 3 May 2023 on combating corruption, replacing Council Framework Decision 2003/568/JHA and the Convention on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union and amending Directive (EU) 2017/1371 of the European Parliament and of the Council (COM(2023)0234).

Amendment 12 #

Axel VOSS

Draft opinion
Paragraph 10

10. States that corruption is a menace that can destroy democracies and has to be combated in all its forms; is worried that the latest Report shows either no or only very slow progress in relation to anti- corruption prevention measures in several Member States; is extremely worried about the reluctance to establish registers of lobbyists, and transparency registers ~~and proper systems of asset declarations by public office holders and senior officials~~, as well as about the lack of political will to introduce strict rules within revolving doors policies; highlights, in this context, the importance of a transparent legislative procedure with far-reaching access to documents, and rules to ensure the highest degree of transparency and accountability in public administrations and public decision-making with a view to preventing corruption11 ; _________________ 11 See, in this context, Article 3 of the proposal for a directive of the European Parliament and of the Council of 3 May 2023 on combating corruption, replacing Council Framework Decision 2003/568/JHA and the Convention on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union and amending Directive (EU) 2017/1371 of the European Parliament and of the Council (COM(2023)0234).

Amendment 13 #

Draft opinion
Paragraph 11

11. Calls, in this context, also for all EU institutions to adhere to the highest possible standards with a view to the prevention of corruption, such as, inter alia, the creation of an effective EU Ethics Body, the full application of Regulation 1049/200112 on access to documents, and the full application of the conditionality principle as regards the EU Transparency Register; calls on the Member States to try to reach an agreement as soon as possible on the proposed directive on combating corruption; with a view to establishing a common homogeneous framework of codes of conduct, standards preventing conflicts of interest and rules ensuring the transparency of procedures; _________________ 12 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

Amendment 14 #

Axel VOSS

Draft opinion
Paragraph 11

11. Calls, in this context, also for all EU institutions to adhere to the highest possible standards with a view to the prevention of corruption, such as, inter alia, ~~the creation of an effective EU Ethics Body,~~ the full application of Regulation 1049/200112 on access to documents, and the full application of the conditionality principle as regards the EU Transparency Register; calls on the Member States to try to reach an agreement as soon as possible on the proposed directive on combating corruption; _________________ 12 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

Amendment 15 #

Draft opinion
Paragraph 11 a (new)

11 a. Recalls its resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the Union where the European Parliament called on Commission to propose a package of both soft and hard law to address the increasing number of strategic lawsuits against public participation or SLAPPs; welcomes the Commission legislative proposal and recommendation to Member States of 27 April 2022 addressing the EP's call in this respect; stresses that SLAPPs are a particular form of harassment used primarily against journalists to prevent or penalise speaking up on matters of public interest by subjecting them to lengthy, burdensome and expensive lawsuits; calls on the Member States to keep up with the ambitions in the proposed measures and step up efforts to improve the safety and protection of journalists.

Amendment 16 #

Gilles LEBRETON, Virginie JORON

Draft opinion
Paragraph 12 a (new)

12 a. Recalls that no sector is corruption-risk safe, including those that manage significant public funds or access to critical infrastructures and services, such as healthcare or construction; stresses that organised crime groups play an increasingly important role in these activities, which include counterfeiting, piracy and intellectual property rights infringements, which have skyrocketed in the digital environment; recalls that the criminal groups involved in these illegal activities often use the profits to finance other illegal activities;

Amendment 17 #

Axel VOSS

Draft opinion
Paragraph 13 a (new)

13 a. Recalls Parliament's strong support for the establishment of the European Public Prosecutor Office (EPPO); acknowledges the important role of EPPO as an independent European Union body in investigating, prosecuting and bringing to judgment crimes affecting the financial interests of the Union; highlights that since starting its operations on 1 June 2021, EPPO has registered more than 4000 crime reports from participating EU Member States and private parties and over 929 investigations have been opened (as of June 2022);

Amendment 18 #

Sergey LAGODINSKY

Draft opinion
Paragraph 14 a (new)

14 a. Civil society

Amendment 19 #

Sergey LAGODINSKY

Draft opinion
Paragraph 14 b (new)

14 b. Notes with deep concern the overall shrinking of space for civil society in some Member States, which represents a serious threat to the rule of law, democracy, fundamental rights and other EU values; calls on the Commission to monitor the challenges and attacks faced by civil society as part of its annual rule of law assessment and reporting work and to include conclusions and targeted recommendations in its report; to this regard, reiterates its call for a separate chapter to be dedicated to the condition of civil society in Member States;

Amendment 2 #

Draft opinion
Paragraph 2

2. ~~Welcom~~Notes the Commission’s fourth Rule of Law Report (‘the Report’) ~~and considers that the periodic review of the rule of law is an essential monitoring tool~~; stresses, in this context, the importance of the use of clear and objective criteria by the Commission when providing its assessment, thereby avoiding claims of unequal treatment of Member States or the use of selective data only; welcomes, in this regard, the Commission’s approach to receive Member States’ contributions, thereby fostering a common dialogue; ~~welcomes the~~deplores, however, the contemptuous and condescending new classification adopted by the Commission as regards measuring progress on past recommendations, with four categories: (a) no progress, (b) some progress, (c) significant progress, and (d) full implementation; in view of the problems involved in the gathering of statistical data by Member States, points out the usefulness of Council of Europe tools such as the Council of Europe’s European Commission for the Efficiency of Justice (CEPEJ) reports3, thereby creating, as far as possible, convergence between the different data inputs; _________________ 3 CEPEJ evaluation cycles.

Amendment 20 #

Sergey LAGODINSKY

Draft opinion
Paragraph 14 c (new)

14 c. Emphasises that the current legal framework at Union and national level is insufficient to establish and support a strong pan-European civil society, the existence of which is necessary for democracy; thus, believes that a statute for EU cross-border associations and not- for-profit organisations will provide an extra layer of protection to CSOs faced with undue hurdles to their establishment and operations1a; _________________ 1a See to this regard the EP resolution of 17 February 2022 with recommendations to the Commission on a statute for European cross-border associations and non-profit organisations (P9_TA(2022)0044).

Amendment 3 #

Gilles LEBRETON, Virginie JORON

Draft opinion
Paragraph 3

3. Acknowledges the importance attached to justice systems by the rule of law reporting, particularly as regards the legality, independence and impartiality of judges and judicial appointments, promotions, dismissals and decisions; acknowledges that no common EU system of nomination of judges exists; recalls, however, that all Member States have to adhere to Council of Europe4 and CJEU5 minimum standards; stresses, in this context, the importance of independent councils of the judiciary, which must be composed by a substantial majority of judges elected by their peers and empowered with substantial authority over the selection, advancement and disciplinary procedures concerning judges; deeply regrets that not all Member States have fulfilled their obligations fully in this regard; deplores the devastating effect this has on the independence and integrity of their justice systems; _________________ 4 Briefing – ‘Council of Europe standards on judicial independence’, European Parliament, Directorate-General for Parliamentary Research Services, 25 May 2021. 5 For example, Judgment of the Court of Justice (Grand Chamber) of 27 February 2018 in Case C-64/16, Associação Sindical dos Juízes Portugueses v Tribunal de Contas, ECLI:EU:C:2018:117, or Judgment of the Court of Justice (Grand Chamber) of 19 November 2019, A.K. v Krajowa Rada Sądownictwa, Joined Cases C-585/18, C-624/18 and C-625/18, ECLI:EU:C:2019:982. See also Briefing – ‘European Court of Justice case law on judicial independence’, European Parliament. Directorate-General for Parliamentary Research Services, 19 July 2021.

Amendment 4 #

Draft opinion
Paragraph 4

4. Urges the Commission to persist in its diligent monitoring of Member States’ legal frameworks in order to assess their alignment with the above-mentioned recommendations, and further calls on the Commission to become more insistent on the implementation of these critical reforms in cases where Member States’ systems do not meet the prescribed standards;deleted

Amendment 5 #

Draft opinion
Paragraph 4

4. UAcknowledges that almost two- thirds of the recommendations issued in 2022 related to important reforms have been followed up at some extent, yet, it shows concern on the number of issues identified in previous Rule of Law reports that remain unaddressed; urges the Commission to persist in its diligent monitoring of Member States’ legal frameworks in order to assess their alignment with the above-mentioned recommendations, and further calls on the Commission to become more insistent on the implementation of these critical reforms in cases where Member States’ systems do not meet the prescribed standards;

Amendment 6 #

Draft opinion
Paragraph 4

Amendment 7 #

Draft opinion
Paragraph 4 a (new)

4 a. Welcomes the continuous support which is provided to relevant stakeholders via dedicated programmes, such as Citizens, Equality, Rights and Values programme; welcomes the funding via Justice programme to support judicial cooperation in civil and criminal matters and to contribute to the further development of the European area of justice, which is strengthening democracy, rule of law and fundamental rights;

Amendment 8 #

Gilles LEBRETON, Virginie JORON

Draft opinion
Paragraph 4 b (new)

4 b. Urges the Commission 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;

Amendment 9 #

Draft opinion
Paragraph 5

5. Acknowledges that a certain degree of progress can be seen in the last report in a number of different Member States as regards judicial independence; welcomes, in this regard, the withholding of EU funds, if necessary, under the conditionality mechanism6, as confirmed by the CJEU7, or under the Recovery and Resilience Facility8; points out, however, that infringements of judicial independence are still a concern in some Member States, such as ongoing disciplinary procedures against judges for the content of their decisions, problems with the composition of councils of the judiciary and with the composition of the highest national courts in view of the principle of a court established by law, etc.; _________________ 6 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 budget (OJ L 433 I, 22.12.2020, p. 1). 7 See, judgment of the Court of Justice (Full Court) of 16 February 2022, Hungary v the European Parliament and the Council of the European Union, C- 156/21, ECLI:EU:C:2022:97 and judgment of the Court of Justice (Full Court) of 16 February 2022, Poland v the European Parliament and the Council of the European Union, C-157/21, ECLI:EU:C:2022:98. 8 Regulation (EU) 2012/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18. 2. 2021, p. 17).points out, however, that infringements of judicial independence are still a concern in some Member States;

source: 756.120

2023/11/22 LIBE 279 amendments...

Amendment 1 #

Motion for a resolution
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 budget (the Rule of Law Conditionality Regulation)1, __________________ 1 OJ L 433 I, 22.12.2020, p. 1.deleted

Amendment 10 #

Motion for a resolution
Citation 15

– having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights3 , __________________ 3 OJ C 215, 19.6.2018, p. 162.deleted

Amendment 100 #

Motion for a resolution
Paragraph 9

9. Notes that corruption may involve national authorities, including judicial and police authorities, who are the very authorities who are supposed to be combating it; considers that EU bodies, such as Europol, ~~could play~~have an important role to play in investigating ~~corruption~~ and securing evidence~~, but~~ in corruption cases of the kind described above; notes that the requirement for national approval of Europol involvement iscan be an obstacle~~; calls for the reinforcement of~~ to investigate corruption cases involving judicial and police authorities; stresses, however, the importance theat Europol ~~mandate to enable it to investigate corruption cases of the kind described above;~~ does not receive additional competences until operational oversight at EU level is guaranteed, an EU independent accountability mechanism is established, and democratic scrutiny of Europol’s activities is ensured, including a systematic evaluation of all the activities of the agency and compliance with its mandate, as well as biding recommendations issued by the European Parliament to the agency;

Amendment 101 #

Motion for a resolution
Paragraph 9

9. Notes that corruption may involve national authorities, including judicial and police authorities, who are the very authorities who are supposed to be combating it; remains concerned that no substantial progress has been made in eliminating the culture of impunity at the highest level in Malta identified by the independent public inquiry into the assassination of Daphne Caruana Galizia; considers that EU bodies, such as Europol, could play an important role in investigating corruption and securing evidence, but that the requirement for national approval of Europol involvement is an obstacle; calls for the reinforcement of the Europol mandate to enable it to investigate corruption cases of the kind described above;

Amendment 102 #

Motion for a resolution
Paragraph 9

Amendment 103 #

Motion for a resolution
Paragraph 9

Amendment 104 #

Motion for a resolution
Paragraph 9

Amendment 105 #

Motion for a resolution
Paragraph 9 a (new)

9a. Welcomes the anti-corruption proposals presented by the Commission, which are a response to the calls from the European Parliament to step up the fight against corruption; notes that the Commission intends to integrate the prevention of corruption into the design of EU policies and programmes and to actively support Member States’ efforts to put in place strong anti-corruption policies and legislation; praises the will to tackle the cross-border dimension of corruption, by criminalising corruption offences and harmonising penalties across the EU in coordination with the High Representative’s proposal to establish a dedicated Common Foreign and Security Policy (CFSP) sanctions regime targeting serious acts of corruption worldwide;

Amendment 106 #

Motion for a resolution
Paragraph 9 b (new)

9b. Emphasises that corruption and money laundering are intrinsically linked, and that money laundering is one of the most important enablers of the organised crime’s illegal activities by which criminals transfer in the legal economy their proceeds of crime, and is aware that fraud against the EU budget may also be a predicate offense precursor to money laundering; stresses that the transnational dimension of these crimes makes it difficult to prevent, detect and counter it because of the heterogeneous legal systems;

Amendment 107 #

Motion for a resolution
Paragraph 9 c (new)

9c. Reaffirms its strong belief that only by strengthening the EU anti-fraud architecture can the protection of the EU’s financial interests be effectively and efficiently pursued and enhanced, overcoming the inherent limits of the national systems which are not sufficient to counter the increasingly transnational attacks against the Union’s financial interests; it is confirmed in this regard that the violation of the rule of law is transnational and a Union approach is needed;

Amendment 108 #

Motion for a resolution
Paragraph 10

10. Highlights that checks and balances can only function when ombudspersons, national human rights institutions, audit offices, equality bodies and all other independent authorities are able to function and have sufficiently broad mandates, independence, and adequate funding;deleted

Amendment 109 #

Motion for a resolution
Paragraph 10

10. Highlights that checks and balances can only function when constitutional courts, ombudspersons, national human rights institutions, audit offices, equality bodies and all other independent authorities are able to function and have sufficiently broad mandates, independence, integrity and adequate funding;

Amendment 11 #

Motion for a resolution
Citation 15

Amendment 110 #

Motion for a resolution
Paragraph 11

11. Notes that the Commission finds the situation varies greatly among the Member States, with some developments in the right direction in Cyprus, Slovakia, Luxembourg, Portugal, Slovenia and Poland, with challenges remaining in Lithuania, Hungary and Croatia, with still no national human rights institution established at all in Italy, Czechia, Malta and Romania, with delays in appointments in various independent authorities in Bulgaria, Spain and Austria, and with Poland putting the effective functioning of the Supreme Audit Office at risk; notes with great concern the recent developments in Greece, where independent authorities such as the Hellenic Authority for Communication Security and Privacy (ADAE) and the Greek Data Protection Authority have been under increasing pressure due to their work concerning the illegitimate use of spyware, with the ADAE’s Board Members having been replaced hurriedly recently by the Greek Parliament, apparently because of ADAE’s imminent decision to impose a fine on the Greek intelligence agency;

Amendment 111 #

Motion for a resolution
Paragraph 11

Amendment 112 #

Motion for a resolution
Paragraph 11

11. Notes that the Commission finds the situation varies greatly among the Member States, with some developments in the right direction in Cyprus, Slovakia, Luxembourg, Portugal, Slovenia and Poland, with challenges remaining in ~~Lithuania, Hungary and Croatia, with still no national human rights institution established at all in Italy, Czechia, Malta and Romania~~others, with delays in appointments in various independent authorities in Bulgaria, Spain and Austria, ~~and with Poland putting the effective functioning of the Supreme Audit Office at risk;~~ notes with great concern the recent developments in Greece, where independent authorities such as the Hellenic Authority for Communication Security and Privacy (ADAE) and the Greek Data Protection Authority have been under increasing pressure due to their work concerning the illegitimate use of spyware, with the ADAE’s Board Members hurriedly recently by the Greek Parliament, apparently because of ADAE’s imminent decision to impose a fine on the Greek intelligence agency;

Amendment 113 #

Lucia ĎURIŠ NICHOLSONOVÁ, Sophia IN 'T VELD, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU

Motion for a resolution
Paragraph 11

11. Notes that the Commission finds the situation varies greatly among the Member States, and differs from one State to another, with some developments in the right direction in Cyprus, Slovakia, Luxembourg, Portugal, Slovenia and Poland, with challenges remaining in ~~Lithuania, Hungary and Croatia~~some Member States, with still no national human rights institution established at all in ~~Italy, Czechia, Malta and Romania~~certain Member States, with delays in appointments in various independent authorities in ~~Bulgaria, Spain and Austria~~certain Member States, and with Poland putting the effective functioning of the Supreme Audit Office at risk; notes with great concern the recent developments in Greece, where independent authorities such as the Hellenic Authority for Communication Security and Privacy (ADAE) and the Greek Data Protection Authority have been under increasing pressure due to their work concerning the illegitimate use of spyware, with the ADAE’s Board Members having been replaced hurriedly recently by the Greek Parliament, apparently because of ADAE’s imminent decision to impose a fine on the Greek intelligence agency;

Amendment 114 #

Motion for a resolution
Paragraph 11 a (new)

11a. Expresses concerns about the independence and impartiality of criminal proceedings in relation to six investigators of the Slovak National Crime Agency accused of manipulating investigations into major cases, including those linked to the representatives of the new government; recalls that the investigators were recently granted protected whistleblower status following statements about potential retaliation against the investigators after the parliamentary election of September 2023; expresses concerns about illegal steps of new Slovak Interior Minister leading to the suspension of the six investigators from the state service and initiating administrative proceedings during the duration of which the investigators will not be able to continue their work; emphasizes that independent and impartial investigations into all criminal acts and their effective punishment, as well as respecting legal procedures are an integral elements of democratic rule of law;

Amendment 115 #

Motion for a resolution
Paragraph 11 a (new)

11a. Emphasises that law enforcement authorities play an essential role in preserving the rule of law, creating a safe environment for people and allowing them to enjoy fundamental rights; stresses that the prerogative of use of force has to be treated with extreme caution and emphasises that Member States are responsible to ensure that the police use force only when strictly necessary and only to the extent required to obtain a legitimate objective; reminds about the need for the police to fulfil their tasks in compliance with the principle of impartiality and non-discrimination; calls on the Member States to thoroughly investigate any cases of excessive use of force or discriminatory treatment by the law enforcement and to ensure systemic guarantees against such abuses;

Amendment 116 #

Motion for a resolution
Paragraph 11 b (new)

11b. Regrets that according to the Commission Rule of Law Report 2023, in many Member States, including Belgium, Cyprus, Slovakia and Portugal, law enforcement lacks sufficient resources to effectively perform their tasks, such as the fight against corruption; calls on Member States to ensure adequate funding and human resources for the police and other law enforcement agencies;

Amendment 117 #

Lucia ĎURIŠ NICHOLSONOVÁ, Sophia IN 'T VELD, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU

Motion for a resolution
Paragraph 12

12. Highlights that without media pluralism and media freedom, democratic life and the rule of law cannot survive; notes with great concern that during the mass demonstrations in Spain against the amnesty law proposed by the caretaker Government, journalists were harassed and even detained by police forces;

Amendment 118 #

Motion for a resolution
Paragraph 12 a (new)

12a. Expresses deep concerns regarding the deterioration of media freedom in Slovakia; strongly condemns the recent labelling by PM Robert Fico of four leading media critical towards his government and his political party SMER- SD as "hostile" and “unwelcome guests”; is concerned that Fico arbitrarily decided to put the accreditation to the government office premises of these four media under review and repeatedly preventing them from attending press conferences organised by SMER-SD and the junior coalition partner SNS (Slovak National Party); recalls Fico´s long-term negative attitude towards selected critical media or journalists, openly referring to them “dirty, anti-Slovak prostitutes” in the past;

Amendment 119 #

Lucia ĎURIŠ NICHOLSONOVÁ, Sophia IN 'T VELD, Moritz KÖRNER, Ramona STRUGARIU

Motion for a resolution
Paragraph 12 b (new)

12b. Calls on Fico to desist from its negative discourse; emphasizes that public figures and representatives of authorities bear the responsibility for their rhetoric and calls on them to refrain from undermining trust in the media across society and fostering a climate hostile to journalists and media professionals;

Amendment 12 #

Motion for a resolution
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 120 #

Motion for a resolution
Paragraph 13

13. Underlines the importance of transparency of media ownership; notes that the Commission finds that since the 2022 Rule of Law report new legislation increasing the transparency of media ownership or improving public availability of media ownership information has been adopted in Greece, Luxembourg, Sweden and that such legislation has been strengthened in Cyprus, while in ~~Bulgaria, Czechia and France~~some Member States change remains pending~~; notes as well that~~ and the Commission finds that media regulators are protected by insufficient safeguards against undue political influence and that the authorities lack resources~~, particularly in Hungary, Slovenia, Poland, Greece and Romania~~; following the adoption of the European Media Freedom Act, this will help clarify the responsibilities of Member States to guarantee the plurality, independence and proper functioning of public media service providers operating within their borders; calls on the Member States to start acting on those responsibilities with a view to improving media regulation;

Amendment 121 #

Motion for a resolution
Paragraph 13

13. Underlines the importance of transparency of media ownership; notes that the Commission finds that since the 2022 Rule of Law report new legislation increasing the transparency of media ownership or improving public availability of media ownership information has been adopted in Greece, Luxembourg, Sweden and that such legislation has been strengthened in Cyprus, while in Bulgaria, Czechia and France change remains pending; notes as well that the Commission finds that media regulators are protected by insufficient safeguards against undue political influence and that the authorities lack resources, particularly in Hungary, Slovenia, Poland, Greece and Romania; calls for transparent and stricter rules on media funding with public funds; notes with great concern the influence of national or regional governments in the press through public ads or public funding campaigns;

Amendment 122 #

Motion for a resolution
Paragraph 13

13. ~~Underlines the importance of~~Considers that transparency of media ownership is the basic minimum to preserve media pluralism; notes that the Commission finds that since the 2022 Rule of Law report new legislation increasing the transparency of media ownership or improving public availability of media ownership information has been adopted in Greece, Luxembourg, Sweden and that such legislation has been strengthened in Cyprus, while in Bulgaria, Czechia and France change remains pending; notes as well that the Commission finds that media regulators are protected by insufficient safeguards against undue political influence and that the authorities lack resources, particularly in Hungary, Slovenia, Poland, Greece and Romania;

Amendment 123 #

Motion for a resolution
Paragraph 13

Amendment 124 #

Motion for a resolution
Paragraph 13

13. Underlines the importance of transparency of media ownership; notes that the Commission finds that since the 2022 Rule of Law report new legislation increasing the transparency of media ownership or improving public availability of media ownership information has been adopted in Greece, Luxembourg, Sweden and that such legislation has been strengthened in Cyprus, while in Bulgaria, Czechia and France change remains pending; notes as well that the Commission finds that media regulators are protected by insufficient safeguards against undue political influence and that the authorities lack resources, particularly in Hungary, Slovenia, Poland, Greece and Romaniaencourages the European institutions to adopt a robust and ambitious Media Freedom Act to ensure the harmonisation of transparency of media ownership legislation at EU level;

Amendment 125 #

Motion for a resolution
Paragraph 13 a (new)

13a. Notes as well that the Commission finds that media regulators are protected by insufficient safeguards against undue political influence and that the authorities lack resources, particularly in Hungary, Slovenia, Poland, Greece and Romania;

Amendment 126 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Paragraph 13 b (new)

13b. Calls on the Commission to take all the necessary measures to ensure the effective implementation of article 30 of the Audiovisual Media Services Directive.

Amendment 127 #

Motion for a resolution
Paragraph 14

14. Stresses the importance of the editorial independence of public service media and the duty of all Member States to respect this; notes that the Commission finds that Luxembourg, Slovenia, Germany, Estonia, Slovakia and Czechia have taken initiatives to strengthen the legal safeguards or budgetary means to improve the independence of national public service broadcasters, with Cyprus, Ireland and Sweden also discussing reforms, and an absence of measures to that effect in Romania, Malta, Poland and Hungary; calls for a quick agreement on the European Media Freedom Act in this regard with strong and unambiguous safeguards for the independent functioning of public service media providers;

Amendment 128 #

Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 14

14. Stresses the importance of editorial independence and the needi to~~rial independence of~~ establish safeguards against internal and external interferences; considers that when it comes to public service media ~~and the duty of all Member States to respect this;~~, they should be shielded against political pressures, including undue dismissals, and that safeguards should be put in place to guarantee that editorial decisions can be taken freely.

Amendment 129 #

Motion for a resolution
Paragraph 14

14. Stresses the importance of the editorial independence of public service media and the duty of all Member States to respect this; notes with concern the Slovak government’s planned changes to the nation wide public TV and radio broadcaster RTVS, urges the Commission to be vigilant of any attempts to politically intervene in the broadcasting;

Amendment 13 #

Motion for a resolution
Citation 16

Amendment 130 #

Motion for a resolution
Paragraph 14

14. Stresses the importance of the editorial independence of public service media and the duty of all Member States to respect this; notes that the risk to editorial autonomy and political independence of the media in Malta remains ‘high’ while the general conditions continued to deteriorate after the assassination of Daphne Caruana Galizia;

Amendment 131 #

Motion for a resolution
Paragraph 14

14. Stresses the importance of the editorial independence of public service media and the duty of all Member States to respect this; while it is continuously ignored in several Member States, particularly in Hungary and Poland;

Amendment 132 #

Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 14

14. Stresses the importance of the editorial independence and neutrality of public service media and the duty of all Member States to respect this;

Amendment 133 #

Motion for a resolution
Paragraph 14 a (new)

14a. Condemns the Slovak Prime Minister’s official decision to cease communication with at least four independent media outlets, and reaffirms the essential role of independent, free media in delivering unbiased information to citizens;

Amendment 134 #

Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 14 b (new)

14b. Expresses serious concerns about the Prime Minister of the Slovak Republic’s apparent preference for so- called alternative and disinformation media outlets, emphasizes that this constitutes an active effort to degrade the quality of the media environment and represents an attempt to diminish the scope for quality, independent journalism;

Amendment 135 #

Motion for a resolution
Paragraph 15

~~15. Calls on the Council and the Commission to provide adequate funding for independent and European-wide quality journalism at national, regional and local levels;~~deleted

Amendment 136 #

Motion for a resolution
Paragraph 15

~~15. Calls on the Council and the Commission to provide adequate funding for independent and European-wide quality journalism at national, regional and local levels;~~deleted

Amendment 137 #

Motion for a resolution
Paragraph 15 a (new)

15a. Notes the European Parliament’s vote on the Media Freedom Act and anti- SLAPP legislation; calls upon the institutions to conclude negotiations and adopt the most ambitious of laws in this regard;

Amendment 138 #

Motion for a resolution
Paragraph 16

16. Recalls that independent journalism is a vital element of the democratic rule of law as part of the essential checks and balances and an element of public scrutiny; expresses its concerns at the deliberate attempts of several governments and economic powers to silence journalists who are exposing wrongdoing; stresses that unwarranted interference and pressure, fear and self-censorship has a chilling effect on the exercise of journalistic freedom of expression;

Amendment 139 #

Motion for a resolution
Paragraph 17

17. Regrets the worrying trends in the safety of journalists in several Member States; notes that the Council of Europe’s Platform to promote the protection of journalism and safety of journalists has registered more than 1 600 threat alerts since 2015; regrets the intimidation of journalist during election campaigns, such as recently happened in the election in Slovakia; regrets Malta’s failure to improve the working condition of journalists since the assassination of Daphne Caruana Galizia, including by effectively implementing the recommendations of the public inquiry report of 29 July 2021;

Amendment 14 #

Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Tomáš ZDECHOVSKÝ

Motion for a resolution
Citation 17

– having regard to its resolution of 19 April 2018 on the need to establish a European Values Instrument to support civil society organisations which promote fundamental values within the European Union at local and national level5 , __________________ 5 OJ C 390, 18.11.2019, p. 117.deleted

Amendment 140 #

Motion for a resolution
Paragraph 17

17. Regrets the worrying trends in the safety of journalists in several Member States; notes that the Council of Europe’s Platform to promote the protection of journalism and safety of journalists has registered more than 1 600 threat alerts since 2015; regrets the intimidation of journalist during election campaigns, such as recently happened in the election in Slovakia; is concerned about the Slovak government’s public statements, referring to independent media outlets as “hostile” and “enemies” and therefore contributing to public hate against journalists;

Amendment 141 #

Motion for a resolution
Paragraph 18

18. Regrets that despite concerns raised by various international organisations, Malta’s proposed anti-SLAPP provisions are not sufficient to protect the work of journalists30 ; re-iterates its call for those politicians, including the Maltese former prime minister, to withdraw the libel cases inherited by Daphne Caruana Galizia’s heirs that are still ongoing years after her assassination; calls on the Greek government to address the serious challenges identified by the Media Freedom Rapid Response (MFRR), an alliance that tracks, monitors and reacts to violations of press and media freedom, in particular related to arbitrary surveillance, impunity or crimes against journalists, strategic lawsuits against public participation (SLAPPs), media independence and pluralism31 ; notes with great concern the recent detention of a reporter by the French authorities, apparently for the purpose of uncovering her sources, as well as the illegal wiretapping of a Dutch journalist working for ‘De Correspondent’; __________________ 30 Council of Europe Commissioner for Human Rights, Letter to the Speaker of the House of Malta, 26 September 2023. 31 International Press Institute, Murdered, surveilled and sued: decisive action needed to protect journalists and salvage press freedom in Greece, 27 September 2023.

Amendment 142 #

Motion for a resolution
Paragraph 18

18. Is alarmed by the persistence of SLAPPs across the European Union. Regrets that despite concerns raised by various international organisations, Malta’s proposed anti-SLAPP provisions are not sufficient to protect the work of journalists30 ; calls on the Greek government to address the serious challenges identified by the Media Freedom Rapid Response (MFRR), an alliance that tracks, monitors and reacts to violations of press and media freedom, in particular related to arbitrary surveillance, impunity or crimes against journalists, strategic lawsuits against public participation (SLAPPs), media independence and pluralism31 ; notes with great concern the recent detention of a reporter by the French authorities, apparently for the purpose of uncovering her sources, as well as the illegal wiretapping of a Dutch journalist working for ‘De Correspondent’; __________________ 30 Council of Europe Commissioner for Human Rights, Letter to the Speaker of the House of Malta, 26 September 2023. 31 International Press Institute, Murdered, surveilled and sued: decisive action needed to protect journalists and salvage press freedom in Greece, 27 September 2023.

Amendment 143 #

Motion for a resolution
Paragraph 19

19. Calls for the EU institutions to reach a swift agreement on an ambitious anti-SLAPP directive; calls on the Commission to explore the possibility of further legislation to cover all SLAPP cases; calls on the Member States to implement the Commission Recommendation on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings; remarks that his can be done by removing prison sentences for defamation cases, decriminalising defamation and favouring civil or administrative procedures instead;

Amendment 144 #

Motion for a resolution
Paragraph 19

19. Calls for the EU institutions to reach a swift agreement on an ambitious anti-SLAPP directive; calls on the Commission to explore the possibility of further legislation to cover all SLAPP cases; calls on the Member States to adopt domestic anti-SLAPP measures in accordance with Commission Recommendation (EU) 2022/758 of 27 April 2022;

Amendment 145 #

Motion for a resolution
Paragraph 19

19. Calls for the EU institutions to reach a swift agreement on an ambitious anti-SLAPP directive; ~~calls on the Commission to explore the possibility of further legislation to cover all SLAPP cases;~~

Amendment 146 #

Motion for a resolution
Paragraph 19

Amendment 147 #

Motion for a resolution
Paragraph 20

20. ~~Strongly condemns the lack of serious investigation into the murder of Giorgos Karaivaz; n~~Notes that the two alleged killers were arrested more than two years after the murder on the basis of evidence that appears to have been available to the police the entire time; considers that the mastermind behind the murder has still not been identified; notes that Karaivaz – like Daphne Caruana Galizia and Ján Kuciak – was investigating corruption and crime, and may have made enemies in high places, including in political circles; points out that the suspected mastermind of the murder of Daphne Caruana Galizia has still not been tried, nor have all the cases of corruption and crime she was investigating been adequately addressed by the authorities;

Amendment 148 #

Motion for a resolution
Paragraph 20

20. Strongly condemns the lack of serious investigation into the murder of Giorgos Karaivaz; notes that the two alleged killers were arrested more than two years after the murder on the basis of evidence that appears to have been available to the police the entire time; considers that the mastermind behind the murder has still not been identified; notes that Karaivaz – like Daphne Caruana Galizia and Ján Kuciak – was investigating corruption and crime, and may have made enemies in high places, including in political circles; points out that the suspected mastermind of the murder of Daphne Caruana Galizia has still not been ~~tri~~convicted, nor have all the cases of corruption and crime she was investigating been adequately addressed by the authorities;

Amendment 149 #

Motion for a resolution
Paragraph 21

21. Condemns the illegal surveillance of journalists, in particular by means of spyware; is dismayed at the Commission's refusal to implement all the recommendations of the Pegasus Special Inquiry Committee and considers it a failure to act; reminds of its call on the Commission to assess the fulfilment of specific conditions for Cyprus, Greece, Hungary, Poland and Spain stated in the Recommendation by 30 November 2023; points out that in none of the many hundreds of cases of abuse of spyware against journalists, activists, politicians, lawyers and other political targets, has justice been served; concludes therefore that, contrary to the Commission's assumption, many national authorities are neither willing nor able to address the matter, leaving the victims without effective remedy and democracy unprotected; is deeply concerned at the chilling effect of the impunity of spyware abuse on journalists and their sources;

Amendment 15 #

Motion for a resolution
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 150 #

Motion for a resolution
Paragraph 21

21. Condemns the illegal surveillance of journalists, in particular by means of spyware; is dismayed at the Commission's refusal to implement all the recommendations of the Pegasus Special Inquiry Committee and considers it a failure to act; points out that in none of the ~~many hundreds of~~ cases of abuse of spyware against journalists, activists, politicians, lawyers and other political targets, has justice been served; concludes therefore that, contrary to the Commission's assumption, many national authorities are neither willing nor able to address the matter, leaving the victims without effective remedy and democracy unprotected; is deeply concerned at the chilling effect of the impunity of spyware abuse on journalists and their sources;

Amendment 151 #

Motion for a resolution
Paragraph 21 a (new)

21a. Reiterates its concern for the breach of fundamental rights in regards to the use of Pegasus and equivalent spyware where individuals and high- profile personalities, such as journalists, bloggers, human rights defenders, politicians, or other actors have been targeted; underlines that the illegitimate use of spyware by national governments directly and indirectly affects the integrity of decision making, thus undermining European Union democracy, and highlighting the urgency for greater transparency and legal accountability of the surveillance industry;

Amendment 152 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Paragraph 21 b (new)

21b. Recalls the trade in and use of spyware needs to be regulated strictly; underlines that the use of spyware must be authorised only in exceptional and specific cases with respect to investigations into a limited and closed list of clearly and precisely defined serious crimes, be justified on a case-by-case basis, comply with the Charter and other relevant Union law, and be ordered, ex ante, by an independent and impartial judicial authority with effective, known and accessible remedial measures; stresses that any spyware surveillance must be scrutinised by an independent ex post oversight authority, which must ensure that any authorised surveillance is carried out in compliance with fundamental rights and in accordance with the conditions set out by the CJEU, the European Court of Human Rights (ECtHR) and the Venice Commission; insists that individuals targeted with spyware have access to real and meaningful legal remedy;

Amendment 153 #

Motion for a resolution
Paragraph 23

23. Regrets the continuous difficulties that many citizens, journalists and parliamentarians in many Member States face in obtaining information and access to documents; underlines that too often public authorities are deliberately frustrating access to information and documents, such as by disproportionately delaying decisions or giving only artificial access by only making information partially available; notes that the Commission finds that several Member States have taken initiatives to better regulate access to information, such as in Czechia, Lithuania and Slovakia, and some others working towards improvements in this area, such as Spain, Hungary, Luxembourg, Croatia, and Germany, with some Member States however still not fully addressing concerns, such as in Malta, Austria and Finland.

Amendment 154 #

Motion for a resolution
Paragraph 23

23. Regrets the continuous difficulties that many citizens, journalists and parliamentarians in many Member States face in obtaining information and access to documents; underlines that too often public authorities are deliberately frustrating access to information and documents, such as by disproportionately delaying decisions or giving only artificial access by only making information partially available; re- iterates its call on Malta to withdraw its systematic appeals against freedom of information requests filed about the use of public funds in the media;

Amendment 155 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Paragraph 23 a (new)

23a. Condemns the lack of transparency from the Commission, the Member States and pharmaceutical companies in the development, purchase and distribution of COVID-19 vaccines; reminds that 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 reminds as well that 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; __________________ 1a https://www.ombudsman.europa.eu/en/rec ommendation/en/151678

Amendment 156 #

Motion for a resolution
Subheading 6 a (new)

Calls on the EU institutions to show exemplary behaviour when it comes to access to information and documents; notes in this regard the recent European Ombudsman’s Special Report concerning the time the European Commission takes to deal with requests for public access to documents, following her strategic inquiry into this matter in which she found maladministration as the Commission shows systemic and significant delays in dealing with confirmatory applications33a; calls on the Commission to once and for all address this recurrent problem; __________________ 33a European Ombudsman, Special Report of the European Ombudsman in her strategic inquiry concerning the time the European Commission takes to deal with requests for public access to documents (OI/2/2022/OAM), 18 September 2023.

Amendment 157 #

Motion for a resolution
Paragraph 23 a (new)

23a. Calls on Member States to regulate lobbying by introduce national mandatory transparency registers for all politicians, government officials and members of authorities and agencies; calls on politicians, government officials and members of authorities and agencies to make a list of all their meetings public;

Amendment 158 #

Motion for a resolution
Paragraph 23 a (new)

23a. Deplores the difficulties encountered by some MEPs in obtaining timely information from the Commission;

Amendment 159 #

Motion for a resolution
Subheading 6 a (new)

Economic Dimension of the Rule of Law

Amendment 16 #

Motion for a resolution
Citation 19

– having regard to its resolution of 14 November 2018 on the need for a comprehensive EU mechanism for the protection of democracy, the rule of law and fundamental rights7, __________________ 7 OJ C 363, 28.10.2020, p. 45.deleted

Amendment 160 #

Motion for a resolution
Paragraph 23 b (new)

23b. Highlights the fact that the members of the European Parliament had to vote on the EU COVID Digital Certificate without having access to the Purchase Agreements between the European Commission and the vaccine producers; underlines that, whereas CONT committee members scrutinise the implementation of the EU Budget by the European Commission, not even the members of this committee had access to the full unredacted Purchase Agreements

Amendment 161 #

Motion for a resolution
Paragraph 23 a (new)

23a. Calls on the Commission to include a specific new chapter regarding the economic dimension of the rule of law in the future reports;

Amendment 162 #

Motion for a resolution
Paragraph 23 b (new)

23b. Calls for the strengthening of the principle of the rule of law in the internal market; Underlines, that reliable and stable rule of law structures are key pillars for investment and trade, which are essential for the competitiveness, and so for the capacity of the welfare system and the labour market in the European Union; regrets the increasing protectionism, anti-investment barriers, bureaucratic obstacles and nationalist tendencies in some member states, which violate the Union law;

Amendment 163 #

Motion for a resolution
Paragraph 23 c (new)

23c. Reminds that 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 164 #

Motion for a resolution
Paragraph 23 c (new)

23c. Demands that monitoring of the economic dimension of the rule of law should be intensified, and brought more into focus; calls on the Commission to give the economic dimension greater consideration in the rule of law mechanism;

Amendment 165 #

Motion for a resolution
Paragraph 23 d (new)

23d. Further condemns the reported systemic discriminatory practices against companies in Hungary in certain sectors, politically motivated business practices that give an unfair advantage to competitors, non-transparent and manipulated public procurement procedures, takeover bids by the government and entities with ties to the Prime Minister, and the use of EU funds to enrich political allies of the government in contradiction to EU competition and public procurement rules; highlights that the targeted companies operate predominantly in sectors such as telecommunications, retail, construction, transportation, media, publishing, banking and insurance; is deeply concerned by the growing concentration of businesses in the hands of oligarchs with ties to the current government who have publicly signalled their intention to buy into these sectors, as well as by the targeting of the competitors of those businesses; highlights that the discriminatory measures include arbitrary legislation, special permit requirements, the prolongation of additional and temporary COVID-19 taxes or levies, such as the turnover tax on the retail sector, registration obligations concerning the import and export of materials, unreasonable price caps in the food retail sector, an increasing number of inspections and audits and other intimidation measures;

Amendment 166 #

Motion for a resolution
Paragraph 23 e (new)

23e. Recalls that, within the scope of application of the Treaties, any discrimination on grounds of nationality is prohibited in accordance with the Charter, and that the freedom of establishment, the freedom to provide services and the free movement of capital are fundamental freedoms of the single market; underlines that the rules regarding equality of treatment forbid not only overt discrimination by reason of nationality or, in the case of a company, its seat, but all covert forms of discrimination that, by the application of other criteria of differentiation, lead in fact to the same result; underlines that the proper implementation of competition and public procurement rules is also in the interest of Hungarian companies;

Amendment 167 #

Motion for a resolution
Paragraph 24

24. Acknowledges the crucial role civil society and a healthy civic space play in upholding and protecting the rule of law, and reiterates its call for a separate chapter to be dedicated to the condition of civil society in Member States; notes that the Commission finds that Malta, Ireland, Bulgaria, Lithuania and Germany have announced or initiated efforts to improve the framework for civil society, and finds that civil society faces particular challenges in Cyprus, Greece, Spain, Italy and France~~, and continued serious systemic restrictions in Hungary and Poland~~; calls on all Member States to accept civil society organisations (CSOs) as important stakeholders in democratic life and to create an enabling environment for civil society;

Amendment 168 #

Motion for a resolution
Paragraph 24

24. Acknowledges the crucial role civil society and a healthy civic space play in upholding and protecting the rule of law, and reiterates its call for a separate chapter to be dedicated to the condition of civil society in Member States; notes that the Commission finds that Malta, Ireland, Bulgaria, Lithuania and Germany have announced or initiated efforts to improve the framework for civil society, and finds that civil society faces particular challenges in Cyprus, Greece, Spain, Italy and France, and continued Russian-type serious systemic restrictions in Hungary and Poland; calls on all Member States to accept civil society organisations (CSOs) as important stakeholders in democratic life and to create an enabling environment for civil society;

Amendment 169 #

Motion for a resolution
Paragraph 24

24. Acknowledges the crucial role civil society and a healthy civic space play in upholding and protecting the rule of law, and reiterates its call for a separate chapter to be dedicated to the condition of civil society in Member States; notes that the Commission finds that Malta, Ireland, Bulgaria, Lithuania and Germany have announced or initiated efforts to improve the framework for civil society, and finds that civil society faces particular challenges in Cyprus, Greece, Spain, Italy and France~~, and continued serious systemic restrictions in Hungary and Poland~~; calls on all Member States to accept civil society organisations (CSOs) which are transparent about their funding as important stakeholders in democratic life and to create an enabling environment for civil society;

Amendment 17 #

Motion for a resolution
Citation 20

~~– having regard to its resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights8 , __________________ 8 OJ C 395, 29.9.2021, p. 2.~~deleted

Amendment 170 #

Motion for a resolution
Paragraph 24 a (new)

24a. Urges the Commission to establish a strategy which provides for minimum standards for the protection of Civil Society OrganisationsCSOs in all Member States in order to promote a regulatory and political environment free from threats and attacks, and to provide them with a sustainable and non-discriminatory access to resources whilst supporting and encouraging their engagement in civil dialogue and participation in policy making;

Amendment 171 #

Lucia ĎURIŠ NICHOLSONOVÁ, Sophia IN 'T VELD, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU

Motion for a resolution
Paragraph 24 a (new)

24a. 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 172 #

Motion for a resolution
Paragraph 24 a (new)

24a. Expresses deep concerns about public statements by PM Fico about his plans to introduce a new law aimed at labelling non-governmental organisations financed from abroad as foreign agents, following the example of Orbán and Putin;

Amendment 173 #

Motion for a resolution
Paragraph 24 b (new)

24b. Deplores that the situation of human rights defenders in the EU continued to increasingly deteriorate in recent years; urges the Commission and the Member States to take the necessary measures to ensure that human rights defenders are able to work free from hindrance and insecurity;

Amendment 174 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Paragraph 25

Amendment 175 #

Motion for a resolution
Paragraph 25

25. Calls on the Commission to further invest, through dedicated funding, in building capacity for CSOs to monitor and report on the rule of law situation in the Member States, and to ensure adequate protection to CSOs engaging in this process; is concerned that the biased distribution of funding in some countries impacts CSOs working on promoting the rights of vulnerable groups or working, more generally, 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 to address these issues; urges the Commission to consider direct management of EU funds, also in order to ensure that end beneficiaries, including CSOs working with vulnerable groups, receive the EU funding intended for them;

Amendment 176 #

Motion for a resolution
Paragraph 25

25. Calls on the Commission to further invest, through dedicated funding, in building capacity for CSOs to monitor and report on the rule of law situation in the Member States, and to ensure adequate protection to CSOs engaging in this process; welcomes the Commission proposal for a Directive on European cross-border associations and commits to prioritise its adoption;

Amendment 177 #

Motion for a resolution
Subheading 7 a (new)

Freedoms of expression and peaceful assembly

Amendment 178 #

Motion for a resolution
Paragraph 25 a (new)

25a. Believes that the freedoms of expression and assembly are being exercised under worrying conditions across the EU and stresses that restrictions to the right to peaceful assembly cannot in principle be based on the substance of the message which the participants of a protest wish to convey, since the right to peaceful assembly is closely connected with the right to freedom of expression, except for assemblies aimed at inciting violence, which is the only exception to this principle; insist that laws and practices on assemblies should always abide by international human rights standards on freedom of assembly and policing of demonstrations, including the provision of substantial human rights trainings for police officers; calls on the Member States not to adopt laws or practices that preventively restrict the right to peaceful assembly or that would criminalise protesters in advance without judicial oversight;

Amendment 179 #

Motion for a resolution
Paragraph 25 b (new)

25b. Is deeply concerned about the fact that many instances of disproportionate use of force against demonstrators continue to be reported across the EU, including the beating of demonstrators, and that law enforcement authorities in some Member States are increasingly using less lethal weapons to control or disperse crowds of demonstrators, leading to a striking number of persons seriously wounded in recent years;

Amendment 18 #

Motion for a resolution
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 180 #

Motion for a resolution
Paragraph 25 b (new)

25b. Warns that the use of excessive force by law enforcement authorities in France is extremely worrying; stresses that French police are more heavily armed than police elsewhere in the European Union and that less lethal weapons such as the LBDs, or riot guns firing rubber bullets are a big part of the reason for severe injuries and killings; is concerned about the fact that arbitrary detentions in demonstrations are also a usual practice by law enforcement authorities in France, which constitute a violation of the right to liberty, as most of the detainees are released within a few hours without any charges; considers that the practice of chokeholds and other methods to restrict air flow should be banned and that police officers should be trained in to use alternative practices for maintaining public order that do not endanger the lives of demonstrators and detainees; calls on the Member States to introduce EU-wide guidelines for a transparent, independent and consistent selection, testing and trialling process for the weapons used by law enforcement personnel, based on UN standards, recommendations and guiding principles; notes that this assessment should determine compliance with international human rights law and standards prior to selection and deployment; calls on the Member States to collect data on all uses of force to enable the gathering of evidence about use, misuse, unexpected consequences, injuries and deaths and their causes;

Amendment 181 #

Motion for a resolution
Subheading 8

~~The protection of minorities~~Equality and non-discrimination

Amendment 182 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Paragraph 26

Amendment 183 #

Motion for a resolution
Paragraph 26

26. Notes that democratic and rule of law backsliding and the undermining of minority rights often go hand in hand, once more underlining the need for a comprehensive approach to monitoring democracy, rule of law and fundamental rights (DRF) in the future reports; regrets the lack of progress on protecting minorities across the EU; condemns hate speech, including by government or political officials, against minority groups; Expresses deep concern about the excessive use of force by police services against minority groups, such as recently the lethal force by Greek police against a Romani minor and the lack of a thorough investigation thereof, and calls on the Member States' authorities to fully and independently investigate all such instances;

Amendment 184 #

Motion for a resolution
Paragraph 26

26. Notes that democratic and rule of law backsliding and the undermining of minority rights often go hand in hand, once more underlining the need for a comprehensive approach to monitoring democracy, rule of law and fundamental rights (DRF) in the future reports; regrets the lack of progress on protecting minorities across the EU; condemns hate speech, including by government or political officials, against minority groups; stresses of the necessity to fight against all types of discrimination, hate speech and crimes specifically targeting minority groups and members of national, ethnic, linguistic and religious minorities;

Amendment 185 #

Motion for a resolution
Paragraph 26

26. Notes that democratic and rule of law backsliding and the undermining of minority rights often go hand in hand, ~~once more underlining the need for a comprehensive approach to monitoring democracy, rule of law and fundamental rights (DRF) in the future reports;~~ regrets the lack of progress on protecting minorities across the EU; condemns hate speech, including by government or political officials, against minority groups;

Amendment 186 #

Motion for a resolution
Paragraph 26

26. ~~Notes that democratic and~~Underlines that the annual rule of law backsliding and the undermining of minority rights often go hand in hand, once more underlining the need for a comprehensive approach to monitoring democracy, rule of law and fundamental rights (DRF) in the future reports; regrets the lack of progress on protectreport should not be used to carry out ideological campaigns against individual Member States while hiding behind minority protection and perceived freedom rights; calls on the Commission to refrain from interfering min~~orities across the EU; condemns hate speech, including by government or political officials, against minority groups~~ the competences of Member States and to respect their constitutional identity;

Amendment 187 #

Motion for a resolution
Paragraph 26 a (new)

26a. Is alarmed at the surge of manifestations of anti-semitism, including symbolic hate displayed at demonstrations emphasises that discrimination on grounds of discrimination as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation is a violation of the Charter of Fundamental Rights and the principles of the rule of law.

Amendment 188 #

Motion for a resolution
Paragraph 26 a (new)

26a. Condemns the recent killing of a young Roma man by the Greek police and calls on the Greek authorities for an effective prompt and independent investigation, as well as the prosecution of those responsible; believes that it is extremely worrying that a number of violent incidents against Roma people involving police officers were reported in recent years in Greece and is deeply concerned by the fact that three young Roma have been killed in three years;

Amendment 189 #

Motion for a resolution
Paragraph 27

27. Calls on the EU Member States to make the protection of LGBTIQ+ rights a real and cross-cutting priority across all policy fields; calls on the Commission to use all means available to ensure that LGBTIQ rights are respected throughout the EU, including the use of infringement procedures against Member States; calls on Member States to take into account the Council of Europe’s Steering Committee on Anti-Discrimination, Diversity and Inclusion’s 12 recommendations to combat hate crimes against LGBTIQ+ people as well as the recommendations of the European Commission against Racism and Intolerance32 ; notes the recent Romanian draft law, aiming to comply with the CJEU’s 2018 Coman ruling33, as well as the criticism that the draft law implements that ruling only very narrowly and that it does not guarantee equal rights for same-sex couples34 ; __________________ 32 Council of Europe, Steering Committee on Anti-Discrimination, Diversity and Inclusion, Thematic review of the implementation of Recommendation CM/Rec(2010)5, 14 September 2023; Council of Europe, European Commission against Racism and Intolerance, ECRI General Policy Recommendation No. 17 on preventing and combating intolerance and discrimination against LGBTI persons, 28 September 2023. 33 Judgment of the Court of Justice of 5 June 2018, Reference for a preliminary ruling under Article 267 TFEU from the Curtea Constituțională (Constitutional Court, Romania), ECLI:EU:C:2018:385. 34 Euractiv, Romanian LGBTQ+ community wants equal rights, not special conditions, 22 September 2023.deleted

Amendment 19 #

Motion for a resolution
Citation 22

Amendment 190 #

Motion for a resolution
Paragraph 27

27. Calls on the EU Member States to make the protection of LGBTIQ+ rights a real and cross-cutting priority across all policy fields; calls on the Commission to use all means available to ensure that LGBTIQ rights are respected throughout the EU, including the use of infringement procedures against Member States; calls on Member States to take into account the Council of Europe’s Steering Committee on Anti-Discrimination, Diversity and Inclusion’s 12 recommendations to combat hate crimes against LGBTIQ+ people as well as the recommendations of the European Commission against Racism and Intolerance32 ; notes the recent Romanian draft law, aiming to comply with the CJEU’s 2018 Coman ruling33 , as well as the criticism that the draft law implements that ruling only very narrowly and that it does not guarantee equal rights for same-sex couples34 ; __________________ 32 Council of Europe, Steering Committee on Anti-Discrimination, Diversity and Inclusion, Thematic review of the implementation of Recommendation CM/Rec(2010)5, 14 September 2023; Council of Europe, European Commission against Racism and Intolerance, ECRI General Policy Recommendation No. 17 on preventing and combating intolerance and discrimination against LGBTI persons, 28 September 2023. 33 Judgment of the Court of Justice of 5 June 2018, Reference for a preliminary ruling under Article 267 TFEU from the Curtea Constituţională (Constitutional Court, Romania), ECLI:EU:C:2018:385. 34 Euractiv, Romanian LGBTQ+ community wants equal rights, not special conditions, 22 September 2023.deleted

Amendment 191 #

Motion for a resolution
Paragraph 27 a (new)

27a. Deeply regrets that the Bulgarian Supreme Court held earlier this year that legal gender recognition through change of civil status would not be possible in Bulgaria, following a binding interpretative decision of the court that the constitution only recognises biological sex. Regrets that this is in contradiction to ruling from the European Court of human rights such as Y.T. v. Bulgaria brought by a transgender individual who wish to have legal gender recognition through the civil status register, in the European Union. It is a violation of fundamental rights . Expresses disappointment also at the lack of effort and will by the Bulgarian government to come up with a decent plan of action in their communication labelled DH- DD(2023)987, in response to the judgement given by the CJEU on the 9th July 2020 which became final on the 9th October 2020;

Amendment 192 #

Motion for a resolution
Paragraph 27 b (new)

27b. Calls for including the grounds of sexual orientation, gender identity, gender expression and sex characteristics in the EU’s anti-discrimination legal framework, based on a broad interpretation of the grounds of sexual orientation and sex and the principle of equality between women and men set forth in the Treaties. Notes that this will ensure legal certainty and comprehensiveness of the protection of all citizens of our Union, as this Parliament has already agreed in the Equality Bodies directive;

Amendment 193 #

Motion for a resolution
Paragraph 27 c (new)

27c. Calls for a European ban on ‘conversion practices’; calls for a ban on genital mutilation that also harm intersex people (IGM); calls for a ban on forced abortions and forced sterilisations, that constitute a form of gender-based violence and particularly harm people with disabilities; underlines the importance of respecting self-determination and autonomy and of promoting LGBTIQ+ people’s physical and mental health. Underlines that the position of the Parliament on the proposal for a directive on combatting violence against women and domestic violence includes adding FGM, IGM and forced sterilisation to the so-called Eurocrimes;

Amendment 194 #

Motion for a resolution
Paragraph 28

28. Reaffirms that women’s rights are human rights and that nothing can justify a regression in women’s rights and autonomy; condemns in particular the attack on the sexual and reproductive health and rights of women and girls taking place in several Member States; believes that the right to safe and legal abortion should be anchored in the Charter of Fundamental Rights;

Amendment 195 #

Motion for a resolution
Paragraph 28

Amendment 196 #

Motion for a resolution
Paragraph 28

28. Reaffirms that women’s rights are human rights and that nothing can justify a regression in women’s rights and autonomy; condemns in particular the attack on the sexual and reproductive health ~~and rights~~ of women and girls taking place in several Member States; ~~believes that the right to safe and legal abortion should be anchored in the Charter of Fundamental Rights;~~

Amendment 197 #

Motion for a resolution
Paragraph 28

28. Reaffirms that women’s rights are human rights and that nothing can justify a regression in women’s rights and autonomy; condemns in particular the attack on the sexual and reproductive health and rights of women and girls taking place in several Member States; ~~believes that the right to safe and legal abortion should be anchored in the Charter of Fundamental Rights;~~

Amendment 198 #

Motion for a resolution
Paragraph 28 a (new)

28a. Stresses that gender-based violence, both online and offline, is a particularly serious crime and a widespread violation of fundamental rights and freedoms in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of societal and systemic structural gender inequalities that have a cross-border dimension; points, in particular, to the growing anti- gender, anti-LGBTIQ+ and anti-feminist movements, which are well organised and have a cross-border nature; considers in addition that the cross-border dimension of gender-based cyber violence and the great individual, economic and societal impact of gender-based violence across all Member States reaffirm the need to combat gender-based violence in its multiple dimensions on a common Union basis;

Amendment 199 #

Motion for a resolution
Paragraph 28 a (new)

28a. Strongly deplores the numerous deaths of refugees and migrants at sea who are often victims of human trafficking and who have to face inhumane and degrading treatment without any consideration for their safety or fundamental rights;

Amendment 2 #

Motion for a resolution
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 #

Motion for a resolution
Citation 23

~~– having regard to its resolution of 24 June 2021 on the Commission’s 2020 Rule of Law Report11 , __________________ 11 OJ C 81, 18.2.2022, p. 27.~~deleted

Amendment 200 #

Motion for a resolution
Paragraph 28 a (new)

28a. Acknowledges that the right to life is the base for all the other human rights, which is why it must be protected from conception to natural death;

Amendment 201 #

Motion for a resolution
Paragraph 28 b (new)

28b. Stresses that the special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions, including a common definition of gender-based violence, as well as minimum rules concerning key issues of prevention, underreporting, victim protection, support and reparation, and the prosecution of perpetrators; underlines that the approaches and levels of commitment of Member States to prevent and combat gender-based violence vary significantly and, therefore, that a common basis approach would also contribute to law enforcement in cross-border operations;

Amendment 202 #

Motion for a resolution
Paragraph 28 b (new)

28b. Reminds Member States of their obligation under the international law of the sea to assist persons in distress and calls urgently for permanent coordinated search and rescue operations and for Member States to take every possible action to save the life of people at risk at sea;

Amendment 203 #

Motion for a resolution
Paragraph 28 c (new)

28c. Requests that the Commission submit, on the basis of Article 83(1), third subparagraph, TFEU, a proposal for a Council decision identifying gender-based violence as a new area of crime that meets the criteria specified in that Article, following the recommendations set out in the Annex hereto and requests the Commission to use that new area of crime as a legal basis for a holistic and victim- centred directive of the European Parliament and of the Council to prevent and combat all forms of gender-based violence, both online and offline;

Amendment 204 #

Motion for a resolution
Paragraph 29

29. Calls on the Commission to include a specific new pillar on the protection of minorities in the next report, mapping all forms of xenophobia, racism, antisemitism, islamophobia, anti- gypsyism, and LGBTIQ-phobia across all Member States;deleted

Amendment 205 #

Motion for a resolution
Paragraph 29

29. Calls on the Commission to include a specific new pillar on the protection of all minorities including national, ethnic, linguistic and religious minorities in the next report, mapping all forms of xenophobia, racism, antisemitism, islamophobia, anti-gypsyism, hate speech and discriminations, and LGBTIQ-phobia across all Member States;

Amendment 206 #

Motion for a resolution
Paragraph 30

30. Expresses its disappointment at the Commission’s slowness to address non- compliance with fundamental rights laws and case law by Member States; rejects the Commission’s interpretation that the refusal of national authorities to comply with Court of Justice of the European Union (CJEU) and European Court of Human Rights (ECHR) rulings in fundamental rights cases are to be considered ‘individual cases’ and not to be addressed by infringement procedures; urges the Commission, as the guardian of the Treaties, to meet its responsibility for the enforcement of EU human rights law, and not to rely on ‘private enforcement’;deleted

Amendment 207 #

Motion for a resolution
Paragraph 30

30. Expresses its disappointment at the Commission’s slowness to address non- compliance with fundamental rights laws and case law by Member States; rejects the Commission’s interpretation that the refusal of national authorities to comply with Court of Justice of the European Union (CJEU) and European Court of Human Rights (ECtHR) rulings in fundamental rights cases are to be considered ‘individual cases’ and not to be addressed by infringement procedures; urges the Commission, as the guardian of the Treaties, to meet its responsibility for the enforcement of EU human rights law, and not to rely on ‘private enforcement’; recommends the Commission, in particular, to use actions regarding non- implementation of CJEU judgments under Article 260(2) TFEU and the Rule of Law Conditionality Regulation in cases of non-compliance;

Amendment 208 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Paragraph 31

31. Expresses its deep concern, in light of the above, that democracy, the rule of law and fundamental rights across the EU are being eroded; highlights that whereas the state of affairs presented by the Commission’s rule of law report reveals many worrying developments, the situation looks even more concerning when taking other independent reports and sources are taken into account; underlines that even if some Member States are exemplary in protecting and promoting democracy, the rule of law and fundamental rights, in an interdependent, open European Union, the erosion of those values in other Member States compromises and undermines the EU institutions and the situation in the EU as a whole;deleted

Amendment 209 #

Motion for a resolution
Paragraph 31 a (new)

31a. Underlines that this state of affairs is not merely an abstract conclusion but impacts the daily lives of EU citizens and businesses, as they experience e.g. an inefficient or non-independent judiciary, rampant corruption, and cannot access independent and quality journalism; highlights that this undermines trust in our democratic system based on the Rule of Law; Believes that restoring the respect for EU values across the Member States is thus not a luxury but rather an urgent and vital task to avoid the disintegration of our societies and Union; calls on the Commission, the Council and the European Council to fully acknowledge that democracy, the rule of law and fundamental rights are not national matters, but are a matter of direct concern for the European Union and its institutions;

Amendment 21 #

Motion for a resolution
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 210 #

Motion for a resolution
Paragraph 31 a (new)

31a. Notes that national electoral laws are not the competence of the Union; reiterates however its belief and the Union’s values that all elected bodies in the European Union should be representative of the diverse voices within the electorate; expresses its deep concern at some electoral systems across the Union that quash pluralism and hinder proportionality; notes that in some Member States’ constituencies, a political party would need at least 17% of total votes to represent citizens; encourages national electoral reforms in cases where large parts of the population remain unrepresented;

Amendment 211 #

Motion for a resolution
Paragraph 31 a (new)

31a. Reminds and condemns the fact that in the context of the COVID-19 pandemic the (indirect) obligation to be vaccinated, with a product that received conditional market authorisation without the reliable scientific data to prove that the product was safe and efficient, had been a condition for the exercise of free movement of persons in the EU, which constitutes a clear violation of the right to freedom enjoyed by every citizen of the Union under Article 6 of the Charter;

Amendment 212 #

Motion for a resolution
Paragraph 31 a (new)

31a. Welcomes the important developments which occurred in the European Border and Coast Guard (EBCG-Frontex) with the adoption of the Standard Operating Procedure on the roles and responsibilities of the Monitors in Frontex operational activities, formally approved by the Executive Director and the Fundamental Rights Officer in March 2023.

Amendment 213 #

Motion for a resolution
Paragraph 31 b (new)

31b. Reminds that the conditional market authorisation to COVID-19 vaccines was granted under the condition that the benefits of the vaccines far outweighed their potential risks; Highlights that this condition was not met since in the COVI committee hearing the Pfizer representative Janine Small has specifically stated that, when the vaccines have entered the market, they "did not know if the vaccines are stopping the spread of the virus", as well as commissioner Didier Reynders has stated in the European Parliament Plenary in Strasbourg on 28 April 2021 that, "while putting in place the Digital Green Certificate, we have to live with the fact that there are still scientific uncertainties regarding COVID-19. We do not yet have full scientific evidence about the effects of vaccination or recovery from the virus " Criticizes the Commission for granting conditional market authorisation to vaccines for COVID-19, without existing at that time sufficient reliable scientific data proving without any doubts that the benefits of the vaccines far outweighed their potential risks that could put the citizens' lives at risk;

Amendment 214 #

Motion for a resolution
Paragraph 31 b (new)

31b. Welcomes the assessment of Frontex Fundamental Right Officer (FRO) in his Annual Report 2022, that the European Border and Coast Guard community, including Frontex and the national authorities, have proved to be up to the task with measures and examples of how border authorities can support people in need at the borders of the EU; particularly welcomes the Opinion of the FRO on the fundamental rights implications on European Integrated Border Management of the war against Ukraine, highlighting the positive measures taken to accommodate the needs of persons fleeing the war;

Amendment 215 #

Motion for a resolution
Paragraph 31 c (new)

31c. Welcomes the progress made by Romania and Bulgaria on the implementation of the pilot projects for fast asylum and return procedures and highlights that solid results have been achieved with best practices identified in the area of accelerated asylum procedures and effective returns, border management and reinforced cooperation with neighbouring countries. Welcomes the work made by the EU Agency for Asylum and its over around 1000 deployed experts in supporting 14 Member States with their asylum, reception and temporary protection needs;

Amendment 216 #

Motion for a resolution
Paragraph 31 d (new)

31d. Is concerned about new cases of instrumentalisation of migrants with the intention to destabilise the Member States and the Union as a whole

Amendment 217 #

Motion for a resolution
Paragraph 31 e (new)

31e. Stresses the need to conclude the negotiations on the New Pact on Asylum and Migration as soon as possible in order to allow its adoption before the end of this term;

Amendment 218 #

Motion for a resolution
Paragraph 31 f (new)

31f. Welcomes the conclusion of new Status Agreements with Moldova, North Macedonia, Montenegro and Albania allowing Frontex to deploy and carry out joint operations on the territory of these neighbouring countries; urges the Commission to conclude negotiations for enhanced agreements with Serbia and with Bosnia and Herzegovina;

Amendment 219 #

Motion for a resolution
Paragraph 32

32. Notes that the proper enforcement of all EU law is the very precondition for a union based on the rule of law; condemns the sometimes open and unashamed non-compliance of several Member States with EU law in various fields, such as asylum, implementation of sanctions, and human rights law; underlines that this risks making the EU a lawless zone, where some Member States feel more equal than others and citizens’ EU rights and freedoms are not evenly protected;deleted

Amendment 22 #

Motion for a resolution
Citation 24

Amendment 220 #

Motion for a resolution
Paragraph 32

32. Notes that the proper enforcement of all EU law is the very precondition for a union based on the rule of law; condemns the sometimes open and unashamed non- compliance of several Member States with EU law in various fields, such as the right to effective judical protection, anti- corruption laws, asylum, implementation of sanctions, and human rights law; underlines that this risks making the EU a lawless zone, where some Member States feel more equal than others and citizens’ EU rights and freedoms are not evenly protected;

Amendment 221 #

Motion for a resolution
Paragraph 32 a (new)

32a. Reminds that 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 222 #

Motion for a resolution
Paragraph 33

33. Reminds the Commission that it is first and foremost the guardian of the Treaties; underlines that issuing a report is not enough to reinforce our union based on the rule of law but that the report should lead to concrete enforcement action, especially where the recommendations are not fully complied with;deleted

Amendment 223 #

Motion for a resolution
Paragraph 33

Amendment 224 #

Motion for a resolution
Paragraph 33

Amendment 225 #

Motion for a resolution
Paragraph 34

34. Strongly regrets the fact that the Commission is not taking stronger action to enforce EU law; calls therefore on the Commission to step up the number of new infringement procedures and to push forward existing infringement procedures with more audacity and urgency; calls on the Commission not to use ‘dialogue’ with Member States or the ‘pilot’ procedure as an open-ended means to avoid launching actual infringement procedures; calls on the Commission to revise its policy – which has no basis in the Treaties – not to use infringement actions for ‘individual’ cases, as this policy has led to serious deprivation of rights for citizens across the EU, especially where their own governments are refusing to comply with EU law or CJEU judgments, as most of these cases are not individual but address strategic and fundamental issues;deleted

Amendment 226 #

Motion for a resolution
Paragraph 34

34. Strongly regrets the fact that the Commission is not taking stronger action to enforce EU law; calls therefore on the Commission to step up the number of new infringement procedures and to push forward existing infringement procedures with more audacity and urgency; calls onEncourages the Commission ~~not~~ to use ‘dialogue’ with Member States or the ‘pilot’ procedure as an open-ended means to avoid launching actual infringement procedures; calls on the Commission to revise its policy – which has no basis in the Treaties – not to use infringement actions for ‘individual’ cases, as this policy has led to serious deprivation of rights for citizens across the EU, especially where their own governments are refusing to comply with EU law or CJEU judgments, as most of these cases are not individual but address strategic and fundamental issuas a means of settling disputes with national authorities;

Amendment 227 #

Motion for a resolution
Paragraph 34

34. Strongly regrets the fact that the Commission is not taking stronger action to enforce EU law; calls therefore on the Commission to step up the number of new infringement procedures and to push forward existing infringement procedures with more audacity and urgency; calls on the Commission to recourse systemically to expedited procedures and applications for interim measures before CJEU; calls on the Commission not to use ‘dialogue’ with Member States or the ‘pilot’ procedure as an open-ended means to avoid launching actual infringement procedures; calls on the Commission to revise its policy – which has no basis in the Treaties – not to use infringement actions for ‘individual’ cases, as this policy has led to serious deprivation of rights for citizens across the EU, especially where their own governments are refusing to comply with EU law or CJEU judgments, as most of these cases are not individual but address strategic and fundamental issues;

Amendment 228 #

Motion for a resolution
Paragraph 34 a (new)

34a. Reminds that the decisions of the Court of Justice of the European Union should not contravene their national constitutions; Highlights that the supreme law of each state, validated through the direct vote of the citizens, is the Constitution; Draws attention to the fact that the European citizens rejected to adopt a European Super-Constitution and therefore, the European Treaties cannot themselves fulfil the role of the European Constitution and prevail over the national constitutions;

Amendment 229 #

Motion for a resolution
Paragraph 35

35. Notes the persistent problem of the incomplete implementation of European Court of Human Rights (ECtHR) judgments, noting the recent decisions of the Council of Europe’s Committee of Ministers[1]; welcomes the inclusion of the systemic indicators on the implementation of ECtHR leading judgments in the rule of law report since its 2022 edition; calls on the Commission, however, to set up a scoreboard dedicated to monitoring the implementation of each and every CJEU and ECHR judgment relating to democracy, the rule of law and fundamental rights, and to fully integrate it into the annual rule of law report; calls on the Member States to implement pending judgments without delay, and calls on the Commission to assess the consequences for the compliance with EU law and to take infringement action where needed;deleted

Amendment 23 #

Motion for a resolution
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 230 #

Motion for a resolution
Paragraph 35

Amendment 231 #

Motion for a resolution
Paragraph 35

Amendment 232 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Paragraph 35

35. Notes the persistent problem of the incomplete implementation of ~~European Court of Human Rights (~~ECtHR) judgments, noting the recent decisions of the Council of Europe’s Committee of Ministers[1]; welcomes the inclusion of the systemic indicators on the implementation of ECtHR leading judgments in the rule of law report since its 2022 edition; calls on the Commission, however, to set up a scoreboard dedicated to monitoring the implementation of each and every CJEU and ECtHR judgment relating to democracy, the rule of law and fundamental rights, and to fully integrate it into the annual rule of law report; calls on the Member States to implement pending judgments without delay, and calls on the Commission to assess the consequences for the compliance with EU law and to take infringement action where needed; calls on the Commission to analyse implementation of the views by UN Treaty Bodies in individual cases;

Amendment 233 #

Motion for a resolution
Subheading 11 a (new)

Welcomes the Rule of Law report as a crucial cornerstone of the EU Rule of Law toolbox and commends the Commission for delivering a diligently researched and well-written report; Recalls that the Annual Rule of Law Report was introduced in response to the legislative initiative report of the European Parliament in 2016;37a __________________ 37a Texts adopted, P8_TA(2016)0409.

Amendment 234 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Paragraph 36

36. Recognises that the rule of law report has become a benchmark for the EU institutions’ work on rule of law issues in the EU and in specific Member States; acknowledges the Commission’s continuous commitment throughout the years to enhance the relevance of the report, such as by its inclusion of country -specific recommendations in the previous edition, and the assessment of their fulfilment in the current report; reiterates, however, that essential elements from the 2016 Parliament legislative initiative report have not been implemented yet;

Amendment 235 #

Motion for a resolution
Paragraph 36

36. ~~Recognis~~Underlines that the annual rule of law re~~port has become a benchmark for the EU institutions’ work on rule of law issues in the EU and in specific Member States~~view cycle is a tool created by the Commission which has no legal basis in the Treaties; regrets that the rule of law report often portrays political demands that fall outside the competence of the Union as general requirements for the rule of law; underlines that this fully discredits the rule of law report as a whole;

Amendment 236 #

Motion for a resolution
Paragraph 36 a (new)

36a. Regrets the fact that the annual rule of law report does not present an objective and substantiated picture of the rule of law situation in Member States; notes with concern that the Commission often reiterates the opinion of civil society organisations that are financed from abroad or by the Commission itself without verifying these allegations and presenting justification or evidence; notes with concern that the Commission ignores the position of the constitutional organs of the Member States and rather takes into account the politically biased opinions of certain civil society organisations; believes that more time should be devoted to the Commission’s understanding of national constitutional traditions and specificities;

Amendment 237 #

Motion for a resolution
Paragraph 37

~~37.~~ Acknowledges that the ~~37.~~ Commission's rule of law report has become more comprehensive since its inception in 2020; ~~regrets, however, that the 2023 edition of the report was not significantly expanded by adding a comprehensive new pillar; reiterates its~~ deplores, however, that the Commission did not address in full the recommendations made by Parliament in its previous resolutions and calls on the Commission to take steps to address them; regrets, in particular, that the 2023 edition of the report was not significantly expanded by adding a comprehensive new pillar; calls for the inclusion in the annual report of important missing elements of the Venice Commission’s 2016 Rule of Law Checklist, such as prevention of the abuse of powers, equality before the law and non-discrimination; reiterates its position that the report should cover the full scope of the values of Article 2 TEU, as these cannot be seen in isolation; calls on the Commission to expand the scope of the report next year;

Amendment 238 #

Motion for a resolution
Paragraph 37

37. Acknowledges that the Commission'’s rule of law report has become more comprehensive since its inception in 2020; regrets, however, that the 2023 edition of the report was not significantly expanded by adding a comprehensive new pillar; reiterates its position that the report should cover the full scope of the values of Article 2 TEU, as these cannot be seen in isolation; calls on the Commission to expand the scope of the report next year;

Amendment 239 #

Motion for a resolution
Paragraph 37

37. ~~Acknowledg~~Notes that the Commission's rule of law report has become more comprehensive since its inception in 2020; ~~regrets, however, that the 2023 edition of the report was not significantly expanded by adding a comprehensive new pillar; reiterates its position that the report should cover the full scope of the~~deplores the fact, however, that Member States are not scrutinised according to the same indicators and methodology; regrets that the 2023 annual report often contains factually unfounded findings based on valgue~~s of Article 2 TEU, as these cannot be seen~~ concerns, value judgements and double standards in ~~iso~~relation~~; calls on the Commission to expand the scope of~~ to some Member States; notes with concern the improper methodology and the lack of uniform standards in the report ~~next year~~;

Amendment 24 #

Motion for a resolution
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 240 #

Motion for a resolution
Paragraph 37

37. ~~Acknowledg~~Deplores that the Commission's rule of law report has become more comprehensive since its inception in 2020; regrets, however, that the 2023 edition of the report was not significantly expanded by adding a comprehensive new pillar; reiterates its position that the report should cover the full scope of the values of Article 2 TEU, as 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; underlines that thesre ~~cannot be seen in isolation; calls on the Commission to expand the scope of the report next year~~are already different Treaty mechanisms and any duplication should be avoided;

Amendment 241 #

Motion for a resolution
Paragraph 37 a (new)

37a. Considers that the conclusions of the 2023 report are often built on the findings of political activist NGOs funded from abroad; notes that the disproportionate number of references to findings of such NGOs entails that the Commission outsourced the work on the report to NGOs without checking the factual correctness of their statements; considers that the sources of the report are one-sided and politically biased, and thus, its findings are inaccurate and cannot be relied upon;

Amendment 242 #

Motion for a resolution
Paragraph 38

Amendment 243 #

Motion for a resolution
Paragraph 38

38. Is concerned that the Commission, in its effort to be factual and even-handed, sometimes ends up being too diplomatic and imprecise when identifying rule of law problems in Member States; regrets that the use of euphemistic language and the artificially equal number of conclusions and recommendations per Member State conceals the very real differences between Member States; reiterates the recommendation to differentiate between systemic and individual breaches, to avoid the risk of trivialising the most serious breaches of the rule of law; calls on the Commission to make clear that when the Article 2 TEU values are systematically, deliberately, gravely and permanently violated over a period of time, Member States could fail to meet all criteria that define a democracy; believes that the assessment of the fulfilment of the recommendations should be more precise and qualitative, not relying only on legislative changes but also on real and independent evidence of their implementation in practice; reiterates the need to set out a timeline, targets and concrete actions for the implementation of the recommendations and to detail the possible consequences in the event of non-compliance; notes the sometimes stark differences between the summaries of country chapters and the in- depth content of the chapters themselves, suggesting an editorial intervention;

Amendment 244 #

Motion for a resolution
Paragraph 38

38. Is concerned that the Commission~~, in its ef~~ uses the respect fort to be factual and even- handed, sometimes ends up being too diplomatic and imprecise when identifying rule of law problems in Member States; regrets that the use of euphemistic language and the artificially equal number of conclusions and recommendhe rule of law and fundamental rights as a pretext to put political pressure on certain Member States to change their policies in fields such as migrations p~~er Member State conceals the very real differences between Member States; believes that the assessment of the fulfilment of the recommendat~~olicy or family law; underlines that the Commissions should be more precise and qualitative, not relying only on legislative changes but also on real and independent evidence of their implementation in practice; notes the sometimes stark differences between the summaries of country chapters and the in-depth content of the chapnot use the report and other mechanisms to excerpt pressure on Member States as regards the handling of specific cases; underlines that political debaters ~~themselves, suggesting an editorial intervention~~should not be disguised as legal debates;

Amendment 245 #

Motion for a resolution
Paragraph 38 a (new)

38a. Demands that the Commission disclose the names of the specific officials and experts who worked on the reports and stop hiding behind the alleged collectivity in this regard;

Amendment 246 #

Motion for a resolution
Paragraph 39

Amendment 247 #

Motion for a resolution
Paragraph 39

Amendment 248 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Paragraph 39

39. Reaffirms that many of these challenges could be overcome by involving an independent panel of experts in the drafting of the report, as they would be less bound by diplomatic considerations; calls on the Commission to reconsider its position on this point and to explore all possibilities to involve independent experts in subsequent editions of the rule of law report; 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;

Amendment 249 #

Motion for a resolution
Paragraph 39 a (new)

39a. Acknowledges the Commission’s effort to collect a wide range of consultations and inputs in each Member State, including from national authorities and civil society organisations; Calls on the Commission to expand this further and to, as much as possible, conduct on- site visits in Member States rather than virtual visits, as these could paint a fuller and more contextual picture of the local situation;

Amendment 25 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Citation 29

~~– having regard to its resolution of 19 May 2022 on the Commission’s 2021 Rule of Law Report17 , __________________ 17 OJ C 479, 16.12.2022, p. 18.~~deleted

Amendment 250 #

Motion for a resolution
Paragraph 39 b (new)

39b. Welcomes the Commission decision to expand the geographical scope of the future Rule of Law reports to include candidate countries, in line with previous Parliament calls to do so; 38a __________________ 38a Texts adopted, P9_TA(2023)0094, pt. 11.

Amendment 251 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Paragraph 39 c (new)

39c. Highlights the risk that the relevance of the annual Rule of Law report could weaken and its publishing and uptake could become more of a repetitive, technocratic exercise; Believes that the best way to avoid this is to continuously and ambitiously expand the scope, candour, and enforcement consequences of the report;

Amendment 252 #

Motion for a resolution
Paragraph 40

~~40. Affirms that the annual rule of law report is not an end in itself, as monitoring the situation is not enough but should rather lead to specific enforcement action on the identified shortcomings;~~deleted

Amendment 253 #

Motion for a resolution
Paragraph 40

Amendment 254 #

Motion for a resolution
Paragraph 40

40. Affirms that the annual rule of law report is not an end in itself, as monitoring the situation is not enough but should rather lead to specific enforcement action on the identified shortcomings; calls therefore on the Commission to ensure that this rule of law report is indeed part and parcel of an entire process within the ambit of the Rule of Law Mechanism as a whole, and to ensure full use of the complete rule of law toolkit at its disposal, including Article 7 of the Treaty of the European Union in cases where the rule of law report keeps finding continuous breaches year after year in certain Member States;

Amendment 255 #

Motion for a resolution
Paragraph 40

40. Affirms that the annual rule of law report is not an end in itself, as monitoring the situation is not enough but should rather lead to specific enforcement action on the identified shortcomings; Calls on the Commission, in this regard, to publish in a transparent manner the names of the stakeholders providing information in the Member States for the preparation this report, and to provide full details of the NGOs and of any other institutions or individuals involved in providing information on the rule of law;

Amendment 256 #

Motion for a resolution
Paragraph 40 a (new)

40a. Recognises the role of notaries in numerous Member States functionally exercising court tasks and acting e.g. as court commissioners in non-contentious judicial procedures such as succession cases; believes that the notaries‘ contribution to rule of law standards should be analysed and addressed in subsequent editions of the rule of law report;

Amendment 257 #

Motion for a resolution
Paragraph 41

41. Takes note of the Council’s ongoing evaluation of its rule of law dialogue and the Council’s stated position that it will consider further possible interinstitutional cooperation in that context; calls on the Council to make its rule of law dialogue more inclusive, by inviting other institutions and stakeholders to its sessions, in particular Council of Europe bodies such as the Venice Commission, as well as representatives of the European Parliament;deleted

Amendment 258 #

Motion for a resolution
Paragraph 41

41. Takes note of the Council’s ongoing evaluation of its rule of law dialogue and the Council’s stated position that it will consider further possible interinstitutional cooperation in that context; calls on the Council to make its rule of law dialogue more inclusive, by inviting other institutions and stakeholders to its sessions, in particular Council of Europe bodies such as the Venice Commission, Human Rights Commissioner, as well as representatives of the European Parliament;

Amendment 259 #

Motion for a resolution
Paragraph 41

41. Takes note of the Council’s ongoing evaluation of its rule of law dialogue and of the ~~Council’s stated position that it will consider further possible inter~~fact that, in accordance with the Treaties, it is the sole institutional with coompe~~ration in that context; calls on the Council to make~~tence in the area and its ~~rule of law dialogue more inclusive, by inviting oth~~not obliged to engage in any inter institution~~s and stakeholders to its sessions, in particular Council of Europe bodies such as the Venice Commission, as well as representatives of the European Parliament~~al cooperation either with other EU institutions or with external stakeholders;

Amendment 26 #

Motion for a resolution
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 OJ C 493, 27.12.2022, p. 108.~~deleted

Amendment 260 #

Motion for a resolution
Paragraph 42

42. Regrets that the Commission and the Council have so far rejected Parliament's offer to enter into an interinstitutional agreement on the rule of law; reaffirms its willingness to resume talks on this agreement;deleted

Amendment 261 #

Motion for a resolution
Paragraph 42

Amendment 262 #

Motion for a resolution
Paragraph 42

42. ~~Regrets that~~Takes note of the Commission and ~~the~~ Council ~~have so far rejected Parliament’s offer~~decisions not to enter into an interinstitutional agreement on the rule of law~~; reaffirms its willingness to resume talks on this agree~~ with Parliament;

Amendment 263 #

Motion for a resolution
Paragraph 42

42. Regrets that the Commission and the Council have so far rejected Parliament's offer to enter into an interinstitutional agreement on democracy, the rule of law and fundamental rights; reaffirms its willingness to resume talks on this agreement;

Amendment 264 #

Motion for a resolution
Paragraph 43

43. Calls on the other institutions, in the meantime, to at least explore further cooperation in the context of the proposed interinstitutional pilot on democracy, rule of law and fundamental rights, which would help build trust between the institutions in a practical way, in particular by sharing monitoring, dialogue and meeting practices;deleted

Amendment 265 #

Motion for a resolution
Paragraph 43

Amendment 266 #

Motion for a resolution
Paragraph 43 a (new)

43a. Asks its Bureau, in light of the reluctance of the Commission and the Council, to organise a public procurement procedure in order to create a temporary panel of independent experts under the auspices of Parliament, in line with the commitment undertaken in its previous resolutions, 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;

Amendment 267 #

Motion for a resolution
Paragraph 44

44. Condemns the total lack of 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 Council itself; insists that Parliament’s role and competences be respected;deleted

Amendment 268 #

Motion for a resolution
Paragraph 44

44. ~~Condemns~~Takes note of the total lack of 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 Council itself; insists that Parliament’s role and competences be respected and consequently invites the Council to close them;

Amendment 269 #

Motion for a resolution
Paragraph 44

44. ~~Condemn~~Notes the total lack of 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 Council itself; insists that Parliament’s role and competences be respectedclose the procedures immediately as they are openly political procedures which harm European cooperation and destroy European unity;

Amendment 27 #

Motion for a resolution
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 270 #

Motion for a resolution
Paragraph 44

44. Condemns the total lack of 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 Council itself; insists thatclose the proceedings by vote and reject the Commission´s and Parliament’´s ~~role and competences be respected~~claims that there is a risk of a breach of values;

Amendment 271 #

Motion for a resolution
Paragraph 45

45. Calls on the Commission to include, strictly monitor and safeguard the DRF conditions in all budgetary instruments and processes; calls on the Commission in this regard not to unblock any cohesion funds for Hungary unless all enabling conditions have been fully met and the judiciary in that Member State can be considered fully independent on paper and in practice; calls on the Commission and the Council to apply the Rule of Law Conditionality Regulation further and without delay where needed, and not to lift the measures adopted in the case of Hungary until all the milestones have been effectively fulfilled; calls on the Commission to rigorously verify that the rule of law related milestones in the various Member State recovery and resilience plans are fulfilled as a condition for disbursing funding when Member States make payment requests; calls on the Commission to assign the primary responsibility for the application of these conditions to the Commissioners responsible for the rule of law;deleted

Amendment 272 #

Motion for a resolution
Paragraph 45

Amendment 273 #

Motion for a resolution
Paragraph 45

45. Calls on the Commission to include, strictly monitor and safeguard the DRF conditions in all budgetary instruments and processes; calls on the Commission in this regard not to unblock any cohesion funds for Hungary unless all enabling conditions have been fully met and the judiciary in that Member State can be considered fully independent on paper and in practice; calls on the Commission and the Council to apply the Rule of Law Conditionality Regulation further and without delay where needed, and not to lift the measures adopted in the case of Hungary until all the milestones have been effectively fulfilled; calls on the Commission to rigorously verify that the rule of law related milestones in the various Member State recovery and resilience plans are fulfilled as a condition for disbursing funding when Member States make payment requests; calls on the Commission to assign the primary responsibility for the application ofstop using the Rule of Law Conditionality Regulation to put political pressure on some Member States to change policies approved in democratic elections that fall within theseir co~~nditions to the Commissioners responsible for the rule of law~~mpetence;

Amendment 274 #

Motion for a resolution
Paragraph 45

45. Calls on the Commission to ~~include, strictly monitor and safeguard the DRF conditions in all budgetary instruments and processes; calls on the Commission in this regard not to~~ unblock ~~any~~ cohesion funds for Hungary ~~unless all enabling~~as conditions have been fully met and the judiciary in that Member State can be considered fully independent on paper and in practice; calls on the Commission and the Council to apply the Rule of Law Conditionality Regulation further and without delay where needed, and not to lift the measures adopted in the case of Hungary until all the milestones have been effectively fulfilled; calls on the Commission to rigorously verify that the rule of law related milestones in the various Member State recovery and resilience plans are fulfilled as a condition for disbursing funding when Member States make payment requests; calls on the Commission to assign the primary responsibility for the application of these conditions to the Commissioners responsible for the rule of lawlift the measures adopted in the case of Hungary under the Conditionality Regulation; calls on the Commission to stop using legal tools and mechanisms to excerpt political pressure on certain Member States;

Amendment 275 #

Motion for a resolution
Paragraph 45

45. Calls on the Commission to include, strictly monitor and safeguard the DRF conditions in all budgetary instruments and processes; calls on the Commission in this regard not to unblock any cohesion funds for Hungary unless all enabling conditions have been fully met and the judiciary in that Member State can be considered fully independent on paper and in practice; calls on the Commission and the Council to apply the Rule of Law Conditionality Regulation further and without delay where needed, and not to lift the measures adopted in the case of Hungary until all the ~~milest~~preconditiones have been effectively fulfilled; calls on the Commission to rigorously verify that the rule of law related milestones in the various Member State recovery and resilience plans are fulfilled as a condition for disbursing funding when Member States make payment requests; calls on the Commission to assign the primary responsibility for the application of these conditions to the Commissioners responsible for the rule of law;

Amendment 276 #

Motion for a resolution
Paragraph 45 a (new)

45a. Stresses that each Member State has its own national identity and constitutional traditions that are in line with European values and which must always be treated with respect, objectivity and in conformity with the principle of equality; underlines that the rule of law is a fundamental value for all Member States; expresses its concern that the misuse of the concept of the rule of law for political purposes is destroying mutual trust and sincere cooperation between Member States;

Amendment 277 #

Motion for a resolution
Paragraph 45 a (new)

45a. Encourages all Member States to demonstrate their commitment to the rule of law to the international community and to apply and implement all adopted EU restrictive measures accurately and consistently, and to prevent their circumvention, as envisaged by the Commission for the EU Member States; Calls on the Commission and member states to implement all sanctions that have been adopted, in their calls on the Commission to closely monitor circumvention;

Amendment 278 #

Motion for a resolution
Paragraph 45 b (new)

45b. recalls that the Member States are and remain, under public international law, the masters of the Treaties; calls for a reform of the EU towards a Europe that preserves the sovereignty and identity of our European nations and peoples;

Amendment 279 #

Motion for a resolution
Paragraph 46

46. Instructs its President to forward this resolution to the Council, the governments of the Member States and the Commission.

Amendment 28 #

Motion for a resolution
Citation 32

~~– having regard to its resolution of 15 September 2022 on the situation of fundamental rights in the European Union in 2020 and 202120 , __________________ 20 Texts adopted, P9_TA(2022)0325.~~deleted

Amendment 29 #

Motion for a resolution
Citation 32

– having regard to its resolution of 1~~5 Sept~~1 December 20223 on the situation of fundamental rights in the European Union in 20202 and 202~~120 , __________________ 20 Texts adopted, P9_TA(2022)0325.~~3

Amendment 3 #

Motion for a resolution
Citation 6 a (new)

– having regard to Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (the Common Provisions Regulation),

Amendment 30 #

Motion for a resolution
Citation 35

~~– having regard to its resolution of 10 November 2022 on racial justice, non- discrimination and anti-racism in the EU23 , __________________ 23 Texts adopted, P9_TA(2022)0389.~~deleted

Amendment 31 #

Motion for a resolution
Citation 36

– 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 RRP24 , __________________ 24 Texts adopted, P9_TA(2022)0422.deleted

Amendment 32 #

Motion for a resolution
Citation 37 a (new)

– having regard to its resolution of 16 September 2021 with recommendations to the Commission on identifying gender- based violence as a new area of crime listed in Article 83(1) TFEU 1a __________________ 1a Texts adopted, P9_TA(2021)0388

Amendment 33 #

Motion for a resolution
Citation 37 b (new)

– having regard to its resolution of 1 June 2023 on the breaches of the Rule of Law and fundamental rights in Hungary and frozen EU funds,

Amendment 34 #

Motion for a resolution
Citation 37 c (new)

– having regard to its resolution of 11 July 2023 on the electoral law, the investigative committee and the rule of law in Poland,

Amendment 35 #

Motion for a resolution
Citation 37 d (new)

– having regard to its resolution of 19 October 2023 on the rule of law in Malta: six years after the assassination of Daphne Caruana Galizia, and the need to protect journalists,

Amendment 36 #

Motion for a resolution
Citation 38 a (new)

– having regard to its resolution of 19 October 2023 on the rule of law in Malta, six years after the assassination of Daphne Caruana Galizia, and the need to protect journalists

Amendment 37 #

Motion for a resolution
Citation 39 a (new)

– having regard to its resolution of 13 November 2018 on minimum standards for minorities in the EU (2018/2036(INI),

Amendment 38 #

Motion for a resolution
Citation 39 b (new)

– having regard to the Resolution 2262 (2019) of the Parliamentary Assembly of the Council of Europe (PACE) with respect to the promotion of the rights of persons belonging to national minorities,

Amendment 39 #

Motion for a resolution
Citation 39 c (new)

– having regard to its resolution on the European Citizens’ Initiative “Minority SafePack – one million signatures for diversity in Europe”,

Amendment 4 #

Motion for a resolution
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, the Venice Commission and other bodies of the Council of Europe,deleted

Amendment 40 #

Motion for a resolution
Citation 39 d (new)

– having regard to the recommendations and reports of the Office for Democratic Institutions and Human Rights, the High Commissioner on National Minorities, the Representative on Freedom of the Media and other bodies of the Organization for Security and Co-operation in Europe (OSCE) and to the cooperation between the European Union and the OSCE with respect to emocratization, institution- building and human rights and to the annual OSCE Hate Crimes Report in which Participating States have committed themselves to pass legislation that provides for penalties that take into account the gravity of hate crime, to take action to address under-reporting, and to introduce or further develop capacity- building activities for law enforcement, prosecution and judicial officials to prevent, investigate and prosecute hate crimes,

Amendment 41 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Citation 42 a (new)

– having in regard the European Parliament resolution of 1 June 2023 on the breaches of the Rule of Law and fundamental rights in Hungary and frozen EU funds (2023/2691(RSP))

Amendment 42 #

Motion for a resolution
Recital A (new)

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;

Amendment 43 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Recital B (new)

B 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 promoted among candidate countries, so that Member States are prevented from developing domestic law that runs counter to the protection of Article 2 TEU;

Amendment 44 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Recital C (new)

C Whereas since May 2022, Parliament has also been addressing the rule of law situation in Hungary, Malta and Poland in its 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, Czech Republic, France, Greece, Malta, Poland, Slovakia, Slovenia and Spain;

Amendment 45 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Recital D (new)

D Whereas several Member States' governments have deplorably not made themselves available for an exchange of views in DRFMG, refused to answer its written questions or meet with its Members during delegations in Member States; Reiterates that the DRFMG is a platform for exchange and in-depth monitoring, to which Member States should not be reticent but which should rather be welcomed as a part of taking joint responsibility for safeguarding EU values;

Amendment 46 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Recital E (new)

E whereas the Commission has suggested setting up an inter-institutional “Contact Group” on Rule of Law; whereas Parliament has taken up this suggestion and proposed to the Commission and Council the setting up of an “inter-institutional pilot project on democracy, the rule of law and fundamental rights”; whereas the Council Presidency has responded by stating it might consider this in its future evaluation of its Rule of Law dialogue and the Commission response is not yet available;

Amendment 47 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Recital F (new)

F 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 48 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Recital G (new)

G 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 Union;

Amendment 49 #

Motion for a resolution
Paragraph 1

1. Reiterates that an independent judiciary is the backbone of the rule of law, as it is a precondition for an effective remedy when rights and freedoms are withheld or violated; underlines that an independent and effective judiciary is vital for the implementation of EU law, given that the Commission relies on the national judicial authorities to enforce EU law; expresses its concern that this ‘presumption of compliance’ becomes the ‘pretence of compliance’ when the Commission ignores national judicial authorities’ shortcomings; notes with concern that while some judicial systems may be robust on paper, in some cases they are not immune to state capture, political interference or nepotism; is aware of the fact that this is difficult to detect by simply assessing the formal structures; therefore urges the Commission to conduct a more qualitative analysis, including contextual elementsacknowledges that the organization of the judiciary is a competence of the Member States under Article 5 of the TEU;

Amendment 5 #

Motion for a resolution
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 50 #

Motion for a resolution
Paragraph 1

1. Reiterates that an independent judiciary is the backbone of the rule of law, as it is a precondition for an effective remedy when laws, rights and freedoms, democratic principles are withheld or violated; underlines that an independent and effective judiciary is vital for not only to maintain the rule of law and democracy in the Member States and in the Union, but it is key to the implementation of EU law, given that the Commission relies on the national judicial authorities to enforce EU law; expresses its concern that this ‘presumption of compliance’ becomes the ‘pretence of compliance’ when the Commission ignores national judicial authorities’ shortcomings; notes with concern that while some judicial systems may belook robust and satisfactory on paper, in some cases they are not immune to state capture, political interference or nepotism; is aware of the fact that this is difficult to detect by simply assessing the formal structures; therefore urges the Commission to conduct a more qualitative analysis, including contextual elements particularly about the long term implementation;

Amendment 51 #

Motion for a resolution
Paragraph 1

1. Reiterates that an independent judiciary is the backbone of the rule of law, as it is a precondition for an effective remedy when rights and freedoms are withheld or violated; underlines that an independent and effective judiciary is vital for the implementation of EU law, given that the Commission relies on the national judicial authorities to enforce EU law; expresses its concern that this ‘presumption of compliance’ becomes the ‘pretence of compliance’ when the Commission ignores national judicial authorities’ shortcomings; notes with concern that while some judicial systems may be robust on paper, in some cases they are not immune to state capture, political interference or nepotism; is aware of the fact that this is difficult to detect by simply assessing the formal structures; therefore urges the Commission to conduct a more qualitative analysis, including contextual elements; reminds that the organisation of the judiciary is an exclusive competence of the Member States;

Amendment 52 #

Motion for a resolution
Paragraph 1

1. Reiterates that an independent judiciary is the backbone of the rule of law, as it is a precondition for an effective remedy when rights and freedoms are withheld or violated; underlines that an independent and effective judiciary is vital for the implementation of EU law, given that the Commission relies on the national judicial authorities to enforce EU law; ~~expresses its concern that this ‘presumption of compliance’ becomes the ‘pretence of compliance’ when the Commission ignores national judicial authorities’ shortcomings~~; notes with concern that while some judicial systems may be robust on paper, in some cases they are not immune to state capture, political interference or nepotism; is aware of the fact that this is difficult to detect by simply assessing the formal structures; therefore urges the Commission to conduct a more qualitative analysis, including contextual elements;

Amendment 53 #

Motion for a resolution
Paragraph 1

1. Reiterates that an independent and impartial judiciary is the backbone of the rule of law, as it is a precondition for an effective remedy when rights and freedoms are withheld or violated; underlines that an independent, impartial and effective judiciary is vital for the implementation of EU law, given that the Commission relies on the national judicial authorities to enforce EU law; ~~expresses its concern that this ‘presumption of compliance’ becomes the ‘pretence of compliance’ when the Commission ignores national judicial authorities’ shortcomings;~~ notes with concern that while some judicial systems may be robust on paper, in some cases they are not immune to state capture, partiality, political interference or nepotism; is aware of the fact that this is difficult to detect by simply assessing the formal structures; therefore urges the Commission to conduct a more qualitative analysis, including contextual elements;

Amendment 54 #

Motion for a resolution
Paragraph 1 a (new)

1a. Notes that the ruling party in Spain presented in Congress an amnesty law to eliminate all crimes committed by Catalan nationalist parties in the framework of the so-called 'Catalan process'; notes that this law was negotiated and presented in exchange for support on the investiture of the current Prime minister; further notes that this law as presented will eliminate serious crimes, including embezzlement of public funds, sedition, and even terrorism charges currently under investigation;

Amendment 55 #

Motion for a resolution
Paragraph 1 a (new)

1a. Reminds that 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 EU, equally applied to all Member States;

Amendment 56 #

Motion for a resolution
Paragraph 1 b (new)

1b. Stresses that an identical law was deemed unconstitutional by the general committee of the Spanish Congress in the last legislative term; notes that this decision counted on the support of the current ruling party;

Amendment 57 #

Motion for a resolution
Paragraph 1 c (new)

1c. Notes with great concern that the Spanish General Council of the Judiciary approved an institutional declaration stating that an amnesty law agreed with the individuals personally benefiting from it in exchange for giving support for the investiture constitutes an outright attack on the separation of powers putting at risk the Rule of Law in Spain; notes that all judicial associations of all ideologies, all prosecutors associations, as well as other associations of civil servants have expressed grave concerns in the same line as the Spanish General Council of the Judiciary; similar concerns have been expressed by members of the Commission;

Amendment 58 #

Motion for a resolution
Paragraph 1 d (new)

1d. Calls on the Member States to take the necessary measures to fully comply with the values on which the Union is founded as enshrined in Article 2 of the Treaty on European Union; in this regard, calls on the Member States to respect the separation of powers and the equality before the law, as these are key principles for the proper functioning of the mechanisms of check and balances every healthy democracy shall have; calls on the Commission to impartially analyse that this principles are complied with in all Member States;

Amendment 59 #

Motion for a resolution
Paragraph 2

2. Notes that the Commission finds wide disparities between EU Member States in terms of judicial independence and safeguards; notes that the report mentions a number of positive initiatives and ongoing developments concerning the Councils of the Judiciary, notably in Luxembourg, the Netherlands, Portugal, Italy, Sweden, Finland and Hungary; highlights, however, that an independent assessment shows that of the four ‘super milestones’ related to the independence of the judiciary in Hungary only one can be considered fully implemented;28 notes that the Commission finds that concerns on the Councils for the Judiciary still have to be addressed in Poland, Slovakia, Bulgaria, Spain and Cyprus; notes with concern that disciplinary proceedings may be used as a means to curtail judicial independence, as is the case in Poland and Bulgaria; notes that the Commission has, finally, referred Poland to the Court of Justice of the European Union (CJEU) for violations of EU law by its Constitutional Tribunalnotes that the Commission finds that concerns on the Councils for the Judiciary still have to be addressed in Poland, Slovakia, Bulgaria, Spain and Cyprus; regrets the lack of equal standards when it comes to addressing judicial independence in the EU; __________________ 28 Hungarian Helsinki Committee, Updated summary assessment on Hungary’s compliance with the four super milestones aimed at restoring the independence of the judiciary, 9 October 2023.

Amendment 6 #

Motion for a resolution
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 Jul~~30 January 20203 on EU priorities for cooperation with the Council of Europe 20203-20224,

Amendment 60 #

Motion for a resolution
Paragraph 2

2. Notes that the Commission finds wide disparities between EU Member States in terms of judicial independence and safeguards; notes that the report mentions a number of positive initiatives and ongoing developments concerning the Councils of the Judiciary, notably in Luxembourg, the Netherlands, Portugal, Italy, Sweden, Finland and Hungary; highlights, however, that an independent assessment shows that of the four ‘super milestones’ related to the independence of the judiciary in Hungary only one can be considered fully implemented28; notes that the Commission finds thatnotes that while the Commission expresses concerns onabout the Councils for the Judiciary ~~still have to be addressed~~ in Poland, Slovakia, Bulgaria, Spain and Cyprus~~; notes with concern that disciplinary proceedings may be used as a means to curtail jud~~, it does not, however, criticise the lack of effective mechanisms for sanctioning unlawful and unethicial independence, as is the case in Poland and Bulgaria; notes that the Commission has finally brought Poland before the Court of Justice of the European Union (CJEU) for infringements of EU law by its Constitutional Tribunalconduct of judges in a number of Member States, this role being entrusted to bodies which all too often show themselves to be complacent; notes with concern that a number of Member States do not have effective disciplinary proceedings in place to sanction unlawful and unethical conduct of judges; __________________ 28 Hungarian Helsinki Committee, Updated summary assessment on Hungary’s compliance with the four super milestones aimed at restoring the independence of the judiciary, 9 October 2023.

Amendment 61 #

Motion for a resolution
Paragraph 2

2. Notes that the Commission finds wide disparities between EU Member States in terms of judicial independence and safeguards; notes that the report mentions a number of positive initiatives and ongoing developments concerning the Councils of the Judiciary, notably in Luxembourg, the Netherlands, Portugal, Italy, Sweden, Finland and Hungary; highlights, however, that an independent assessment shows that of the four ‘super milestones’ related to the independence of the judiciary in Hungary only one can be considered fully implemented;28 notes that the Commission finds that concerns on the Councils for the Judiciary still have to be addressed in Poland, Slovakia, Bulgaria, Spain and Cyprus; notes with concern that disciplinary proceedings may be used as a means to curtail judicial independence, as is the case in Poland and Bulgaria; notes that the Commission has, finally, referred Poland to the Court of Justice of the European Union (CJEU) for violations of EU law by its Constitutional Tribunal; __________________ 28 Hungarian Helsinki Committee, ~~Updated summary assessment on Hungary’s compliance with the four super milestones aimed at restoring the independence of the judiciary, 9~~Fundamental deficiencies of the Hungarian judicial reform, 31 October 2023.

Amendment 62 #

Motion for a resolution
Paragraph 2 a (new)

2a. Points out, similarly to the previous years, the fact that the independence of lawyers and Bars 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 2024 Rule of law Report there is a more developed analysis of the independence of lawyers and Bars as indispensable component of the independence of the justice system, due process and of the rule of law;

Amendment 63 #

Javier ZARZALEJOS, Lukas MANDL, Dolors MONTSERRAT, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK

Motion for a resolution
Paragraph 2 a (new)

2a. Underlines the important role of the Councils of the Judiciary in safeguarding judicial independence; considers it necessary to evaluate the reforms that are in the process of being adopted in different Member States and encourages the adaptation of the composition and functioning of these bodies to the standards established by the European Commission and the Council of Europe, and which have been endorsed by the EU Court of Justice.

Amendment 64 #

Javier ZARZALEJOS, Lukas MANDL, Dolors MONTSERRAT, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK

Motion for a resolution
Paragraph 2 b (new)

2b. Points out that the prosecution service is a key element for the capacity of the judiciary to fight crime and corruption; highlights the importance of guaranteeing the autonomy and independence of the prosecution service; stresses the need for safeguards to be put in place to help preserve the independence of the prosecution service so that it is free from undue political pressure, especially from the Government.

Amendment 65 #

Javier ZARZALEJOS, Lukas MANDL, Dolors MONTSERRAT, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK

Motion for a resolution
Paragraph 2 c (new)

2c. Observes that the setting up of parliamentary committees to investigate if so called “lawfare” or judicialisation of politics have occurred means, in practice, subjecting judicial procedures and decisions to parliamentary review with evident interference in the judicial independence and the separation of powers.

Amendment 66 #

Javier ZARZALEJOS, Lukas MANDL, Dolors MONTSERRAT, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK

Motion for a resolution
Paragraph 2 d (new)

2d. Considers that "ad hominem" legal reforms violate basic principles of the rule of law such as equality before the law and judicial independence.

Amendment 67 #

Javier ZARZALEJOS, Lukas MANDL, Dolors MONTSERRAT, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK

Motion for a resolution
Paragraph 2 e (new)

2e. Notes with concern the draft amnesty law presented in the Spanish Parliament, which in its current proposal covers crimes of embezzlement, terrorism, acts against the rule of law and constitutional integrity, with its main beneficiaries being political leaders associated with the current government majority; notes that the amnesty would mean the closure of the investigation of Russian interference in the events in Catalonia that occurred in September and October 2017, and that the European Parliament has accredited; notes the serious concern expressed by all judicial associations, lawyers' associations, as well as by civil servants and very diverse civil society organizations.

Amendment 68 #

Motion for a resolution
Paragraph 3

Amendment 69 #

Motion for a resolution
Paragraph 3

3. Notes that the Commission finds that whereas certain Member States, including Finland, Austria, Slovenia, Cyprus, Sweden and Hungary, have taken or announced initiatives to improve judicial appointment processes and high courts’ functioning, challenges persist in appointing high-level judges in Malta, Greece, Lithuania, Latvia, and Ireland; highlights that serious concerns persist in Poland regarding previously appointed Supreme Court judges, including its First President, and regarding the continuous non-implementation of a CJEU preliminary ruling on a judicial appointment to the Chamber of Extraordinary Control; notes that the Commission finds that in Slovakia the crime of abuse of law introduced for judges as regards their judicial decisions continues to raise concerns, as it has a negative psychological impact on judges and is burdensome for the investigatory authorities; Notes that the European Commission has called on Germany to ensure adequate resources for the justice system, including on the level of remuneration for judges, taking into account European standards on resources and remuneration for the justice system; calls on Germany to continue the successful "Pact for the Rule of Law" and to provide sufficient resources for the justice system by increasing the number of judges to strentgthen the federal justice system

Amendment 7 #

Motion for a resolution
Citation 13

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

Amendment 70 #

Motion for a resolution
Paragraph 3

3. Notes that the Commission finds that whereas certain Member States, including Finland, Austria, Slovenia, Cyprus, Sweden and Hungary, have taken or announced initiatives to improve judicial appointment processes and high courts’ functioning, considers that challenges still persist in appointing high-level judges in Malta, Greece, Hungary, Lithuania, Latvia, and Ireland; highlights that serious concerns persist in Hungary concerning the position of the President of the Kúria, highlights that serious concerns persist in Poland regarding previously appointed Supreme Court judges, including its First President, and regarding the continuous non-implementation of a CJEU preliminary ruling on a judicial appointment to the Chamber of Extraordinary Control; notes that the Commission finds that in Slovakia the crime of abuse of law introduced for judges as regards their judicial decisions continues to raise concerns, as it has a negative psychological impact on judges and is burdensome for the investigatory authorities;

Amendment 71 #

Motion for a resolution
Paragraph 3

3. Notes that the Commission finds that whereas certain Member States, including Finland, Austria, Slovenia, Cyprus, Sweden and Hungary, have taken or announced initiatives to improve judicial appointment processes and high courts’ functioning, challenges persist in appointing high-level judges in Malta, Greece, Lithuania, Latvia, and Ireland; highlights that serious concerns persist in Poland regarding previously appointed Supreme Court judges, including its First President, and regarding the continuous non-implementation of a CJEU preliminary ruling on a judicial appointment to the Chamber of Extraordinary Control; notes that the Commission finds that in Slovakia the crime of abuse of law introduced for judges as regards their judicial decisions continues to raise concerns, as it has a negative psychological impact on judges and is burdensome for the investigatory authorities; recognises that the Commission finds that some progress can be seen in the implementation of the recommendation made in the 2022 Rule of Law Report on the efficiency of the justice system, particularly in Malta and Spain

Amendment 72 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Paragraph 3

Amendment 73 #

Motion for a resolution
Paragraph 3 a (new)

3a. Underlines that the judiciary should be allocated sufficient means to be truly accessible and able to provide an effective remedy to citizens; notes that the Commission finds that increased resources for the judiciary and other measures taken by Member States Malta, Cyprus and Greece have not yet resulted in a reduction as regards the length of proceedings, and backlogs of cases remain a serious challenge; in Croatia, Italy, and Portugal some steps in the right direction have been taken, but effectiveness of the reforms remains to be seen;

Amendment 74 #

Vladimír BILČÍK, Jeroen LENAERS, Javier ZARZALEJOS, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 3 a (new)

3a. Calls for legislation that would require justices in all Member States to adopt a Code of Conduct, create independent mechanisms to investigate alleged violations of the code of conduct and other laws, improve disclosure and transparency in conflicts of interest and in gifts received by the judiciary, and require justices to explain their recusal decisions publically;

Amendment 75 #

Motion for a resolution
Paragraph 3 a (new)

3a. Is deeply concerned about the new Slovak government’s hostile actions against police officials, urges representatives of the Government of the Slovak Republic to refrain from personal and political attacks on independent investigators and against decisions by courts in relation to police officers;

Amendment 76 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Paragraph 3 b (new)

3b. Believes that for citizens to have effective access to justice, the Member States should do more to provide free of charge or affordable legal aid and should further facilitate access to a lawyer; Notes that the Commission finds that efforts to address concerns related to access to justice and legal aid are being made in Spain, France, Finland, Bulgaria, Malta, and Lithuania, and concerns persist in Ireland, Denmark, Luxembourg, and Hungary; Notes as well that the Commission finds that steps towards ensuring the right of access to a lawyer are ongoing in several Member States including Spain, France, Finland, Bulgaria and Malta; and in other Members States, such as Lithuania, Ireland, Denmark, Luxembourg and Hungary, improvements are still pending;

Amendment 77 #

Motion for a resolution
Paragraph 4

4. Reiterates that corruption is a serious threat to the rule of law and severely undermines trust in democracy and equality before the law; calls on the Member States to do much more to eradicate corruption; in this regard, calls on the Member States not to issue pardons for corruption crimes as such measures of clemency not only undermine the principle of equality before the law, but produce a sense of mistrust of citizens towards public institutions;

Amendment 78 #

Motion for a resolution
Paragraph 4

4. Reiterates that corruption is a serious threat to the rule of law and severely undermines trust in democracy and equality before the law; calls on the Member States and the Commission to do much more to eradicate corruption;

Amendment 79 #

Motion for a resolution
Paragraph 4 a (new)

4a. Stresses that the 2022 Eurobarometers on corruption show that corruption remains a serious concern for EU citizens and businesses in the EU, with large part of European citizens considering that in their country corruption is widespread (68%) and that the level of corruption has increased (41%); appreciates that almost all Member States currently have in place anti-corruption strategies, regularly evaluated and revised, and makes reminder that not only robust legal framework but also effective implementation are necessary to eradicate corruptive practices, and that preventing such practices also requires transparent and accountable governance and integrity frameworks;

Amendment 8 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Citation 13

Amendment 80 #

Javier ZARZALEJOS, Lukas MANDL, Dolors MONTSERRAT, Paulo RANGEL, Jeroen LENAERS, Vladimír BILČÍK

Motion for a resolution
Paragraph 4 a (new)

4a. Points out that the reduction of penalties for the crime of embezzlement in Spain is a worrying step back which is at odds with the EU's objectives and commitments in the fight against corruption; stresses the lack of consistency between the fight against corruption and the reduction of penalties for the crime of embezzlement.

Amendment 81 #

Motion for a resolution
Paragraph 5

5. Regrets that, despite all Member States having anti-corruption strategies in place, perceptions of corruption vary greatly across the EU, with Denmark, Finland, Sweden and the Netherlands ranking among the least corrupt, while the perceived levels of corruption in Bulgaria, Malta, Hungary, Greece and Slovenia are worrying;29 notes as well with concern that the Commission finds that some Member States, such as Bulgaria, Malta, Hungary, Greece and Slovenia, have yet to establish a solid track record in the investigation and prosecution of high-level corruption cases that lead to final convictions that have a deterrent effect; notes GRECO recently publishing a report on Cyprus, highlighting the lack of actual effectiveness of the anti-corruption legislation and pointing out specific risks within law enforcement;30 __________________ 29 Transparency International, Corruption Perceptions Index, 31 January 2023. 30a GRECO, Fifth evaluation round, preventing corruption and promoting integrity in the central governments (top executive functions) and law enforcement agencies - Evaluation report Cyprus, 2 October 2023.

Amendment 82 #

Vladimír BILČÍK, Javier ZARZALEJOS, Jeroen LENAERS, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 5 a (new)

5a. Expresses deep concern regarding the hostile actions of the new Slovak government against the Special Prosecutor’s Office, which plays a crucial role in the Slovak Republic’s independent efforts to combat corruption, and the attempts to restrict these efforts;

Amendment 83 #

Maite PAGAZAURTUNDÚA

Motion for a resolution
Paragraph 6

6. Underlines that Member State government and EU officials should set an example by refraining from any corrupt practices and that there should be no government or political interference in corruption investigations; recalls that a government also engages in corrupt practices when it amends or adopts rules under "evasion of law" for the sole purpose of perpetuating itself in power; points out that EU officials as well may be involved in corruption, as demonstrated by ‘Qatargate’, therefore reiterates its demand for the annual report to also cover the EU institutions;

Amendment 84 #

Motion for a resolution
Paragraph 6

6. Underlines that Member State government and EU officials should set an example by refraining from any corrupt practices and that there should be no government or political interference in corruption investigations; calls on the DFRMG to follow up on European Parliament resolutions on the rule of law to help combat impunity for corruption; points out that EU officials as well may be involved in corruption, as demonstrated by ‘Qatargate’, therefore reiterates its demand for the annual report to also cover the EU institutions;

Amendment 85 #

Motion for a resolution
Paragraph 6

6. Underlines that Member State government and EU officials should set an example by refraining from any corrupt practices and that there should be no government or political interference in corruption investigations; points out that EU officials as well may be involved in corruption, as demonstrated by ‘Qatargate’, therefore reiterates its demand for the annual report to also cover the EU institutions; reiterates its call on the Commission to finalise negotiations on EU’s full membership in GRECO as soon as possible;

Amendment 86 #

Motion for a resolution
Paragraph 6

6. Underlines that Member State governments and EU elected representatives, leaders and officials should set an example by refraining from any corrupt practices and that there should be no government or political interference in corruption investigations; points out that EU elected representatives and officials as well may be involved in corruption, as demonstrated by ‘Qatargate’, therefore reiterates its demand for the annual report to also cover the EU institutions;

Amendment 87 #

Sophia IN 'T VELD, Hilde VAUTMANS, Moritz KÖRNER, Olivier CHASTEL, Ramona STRUGARIU, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş TUDORACHE

Motion for a resolution
Paragraph 6

6. Underlines that Member State government and EU officials and politicians should set an example by refraining from any corrupt practices and that there should be no government or political interference in corruption investigations; points out that ~~EU official~~members of EU institutions as well may be involved in corruption, as demonstrated by ‘Qatargate’, therefore reiterates its demand for the annual report to also cover the EU institutions;

Amendment 88 #

Maite PAGAZAURTUNDÚA

Motion for a resolution
Paragraph 6 a (new)

6a. Raises alert about the potentially corrupt and fraudulent practices carried out by the Government of Spain to obtain the necessary support to remain in power, including the future adoption of an Amnesty Law of dubious constitutionality, which would leave crimes and cases of embezzlement unpunished, against the rule of law, and even instances of terrorism and foreign interference; highlights the chain reaction of associations and organizations representing judges and prosecutors, lawyers, academics and senior civil servants against the Government of Spain to express their rejection of potentially corrupt practices that represent a de facto delegitimization of the judiciary and a violation of the principle of equality before the law;

Amendment 89 #

Motion for a resolution
Paragraph 6 a (new)

6a. Stresses that citizens and businesses should feel safe to report cases of corruption; Notes that the Commission finds that there are still major obstacles across the EU in reporting corruption cases, although some Member States such as Slovakia, Cyprus, Denmark and Malta have taken steps to try and improve this situation;

Amendment 9 #

Motion for a resolution
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’, of 19 August 2022 entitled ‘Protecting civic space in the EU’ and of 3 November 2022 entitled ‘Antisemitism – Overview of antisemitic incidents recorded in the European Union 2011- 2021’, and its other reports, data and tools, in particular the European Union Fundamental Rights Information System (EFRIS),deleted

Amendment 90 #

Motion for a resolution
Paragraph 6 a (new)

6a. Stresses that in order to set an example for the Member States, the EU institutions should become more transparent so as to allay suspicions of corruption;

Amendment 91 #

Motion for a resolution
Paragraph 7

7. Condemns the fact that Malta continues to operate its Citizenship by Investment (CBI) scheme, which is a major risk for corruption and other crimes, especially in light of the steps taken by several other Member States to ensure that investor citizenship schemes are abolished; ~~reaffirms its position that~~calls on the Commission ~~should~~to use its prerogative to propose legislation and initiate an EU legislative ban on all CBI Schemes in the EU; Awaits in this regard the judgement of the CJEU in the case of European Commission v Republic of Malta brought on 21 March 2023;

Amendment 92 #

Motion for a resolution
Paragraph 7

7. Condemns the fact that Malta continues to operate its Citizenship by Investment (CBI) scheme, which is a major risk for corruption and other crimes, especially in light of the steps taken by several other Member States to ensure that investor citizenship schemes are abolished; reaffirms its position that the ~~Commission should use its prerogative to propose legislation and initiate an EU~~Member States should adopt legislative bans on all CBI Schemes in the EU;

Amendment 93 #