9 Amendments of Daniel FREUND related to 2019/2132(INI)
Amendment 4 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need to continuously improve the mechanisms designed to ensure that rule-making is in full compliance with the Treaties, notably the principles of conferral, legal certainty, equality before the law, subsidiarity and proportionality, as set out in Article 5 of the Treaty on European Union (TEU);
Amendment 5 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the importance of the rule of law as precondition for the proper monitoring and application of EU law; emphasises its grave concerns with the generalised deficiencies regarding the rule of law in a number of Member States as described in the Commission’s 2020 Rule of Law Report; calls on Council to work as a matter of urgency with Parliament towards an agreement on Commission’s proposal for a regulation on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States;
Amendment 8 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Considers the EU’s legal order of European and national courts interpreting EU law as central for the proper application of EU law; deplores the effect of the German Supreme Court decision of 5 May 2020 regarding the European Central Bank’s bond purchase programme (PSPP) creating a lack of clarity in the EU’s legal order; calls on the Commission to launch an infringement procedure against Germany in order to achieve necessary clarity on the EU’s legal order;
Amendment 10 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Emphasises the principle of transparency as enshrined in the EU Treaties, as well as the right of EU citizens to justice and good administration, as stipulated in Articles 41 and 47 of the Charter of Fundamental Rights of the European Union; points out that those rights and principles require citizens to be given adequate access to drafts of the legal acts that concern them; insists that those rights and principles should also be of paramount importance to the Member States when proposing draft acts aiming at implementing EU law;
Amendment 12 #
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the crucial role of national parliaments, and where relevant regional parliaments, in the pre-legislative scrutiny of draft EU laws and in their correct implementation by the Member States; reconfirms its resolution of 17 January 2019 on the Ombudsman’s strategic inquiry OI/2/2017 on the transparency of legislative discussions in the preparatory bodies of the Council of the EU; urges the Council to implement the recommendations of the Ombudsman, to systematically record the identity of Member State governments when they express positions in Council preparatory bodies; to develop clear and publicly available criteria for how it designates documents as ‘LIMITE’, in line with EU law; to systematically review the ‘LIMITE’ status of documents at an early stage, before the final adoption of a legislative act, including before informal negotiations in trilogues, at which point the Council will have reached an initial position on the proposal;
Amendment 20 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for improvements to the EU law-making process, which relies on transparency and accountability in legislative drafting, together with civil society participation, where appropriate; echoes that the effectiveness of the EU’s legal acts –which hinges on the correctness and timeliness of their implementation – forms the cornerstone of legal certainty and better application; recalls the efforts of EU institutions to set up a common database and website for all parts of the legislative procedure; deplores these efforts have not yet reached their aim; considers necessary existing databases and websites as well as this future one allow for finding input by all involved individually such as voting records and amendments per Member State or Member of the European Parliament;
Amendment 24 #
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that proper transposition and implementation of EU law, on the basis of Article 197 of the Treaty on the Functioning of the European Union (TFEU), is of the utmost importance; calls for appropriate ex post impact assessment of EU law, including sustainability and gender impact assessments;
Amendment 28 #
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the important role also played by the social partners, gender equality bodies and civil society organisations in monitoring and promoting effective redress under EU law; encourages the Commission to raise awareness of the rights of citizens and businesses under EU law, and to further support complainants by improving their understanding of pre- litigation procedure; underlines the important role of whistleblowers in monitoring the proper application of Union law; urges Member States to implement the European minimum protection rules agreed in March 2019; formally adopted in October 2019 well ahead of the deadline 2 years later; urges Member states to use the room left by the directive for a broadest possible scope and financial compensation for those who suffer from their reporting on breaches of Union law;
Amendment 33 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Deplores the continuous decline of infringement procedures by the Commission despite rather growing deficits in proper implementation of Union law, among others in the domains of independence of courts, independence of the European Central Bank, anti- money laundering, citizenships for sale; calls on the Commission to regard its role as guardian of the Treaties as central and react with infringement procedures wherever necessary to uphold the proper application of Union law to guarantee legal safety for EU citizens and businesses;