18 Amendments of Jana TOOM related to 2021/2180(INI)
Amendment 1 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the Union is founded on the values enshrined in Article 2 TEU; 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; reiterates that as underlined by the CJEU, the European Union is based on the rule of law in which institutions are subject to judicial review of the compatibility of their acts with the Treaties and with the general principles of law, which include fundamental rights 1a; thus underlines that all the Union’s fundamental values as set out in Article 2 TEU are interdependent and construed in light of each other and shall all be monitored and safeguarded; stresses that any backsliding on the rule of law in any given Member State automatically undermines EU values in the EU as a whole; agrees with the Commission that these values should never be taken for granted, even though the EU is recognised as having very high standards in this regard; underlines the importance of the credible global example provided by the EU in upholding the rule of law internally and in supporting democracy worldwide; _________________ 1a Case C-50/00 P UPA [2002] ECR I- 6677,para. 38.
Amendment 5 #
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the important role of the Committee on Petitions in identifying and flagging possible breaches of the rule of law, taking into account the numerous petitions received from citizens concerned about breaches of the rule of law in several Member States; strongly believes that full protection of all EU citizens can only be ensured throughout the Union if all Member States comply with all principles of the rule of law; stresses that the Rule of Law Report must be objective and assess all Member States according to the same criteria;
Amendment 9 #
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that the rule of law includes principles such as legality, legal certainty, the separation of powers, the prohibition of the arbitrary exercise of executive power, effective judicial protection by independent and impartial courts in full respect of fundamental rights, the fight against impunity, the enforcement of judgments including the permanent subjection of all public authorities to established laws and procedures, and equality before the law;
Amendment 16 #
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that crises such as the COVID-19 pandemic have shown that measures taken in urgency can havemay lead to democratic deficits, and lead to corruption, and that they lack proper scrutinythat they are often impaired by the lack of proper scrutiny and institutional checks and balances; reiterates that the rule of law is related to the effective judicial protection as provided in Article 19(1) TEU; stresses, therefore, the need for clear legal arrangements ensuring respect for the rule of law also during times of crisis and emergency circumstances;
Amendment 18 #
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that judicial accountability and, prosecutorial and judicial independence and the enforcement of judgments are crucial components of the rule of law; calls on the Commission to enforce these core EU values when they are infringed by Member States in order to increase citizens’ trust in the judiciaryor when Member States fail to act on violations carried out by sub-state entities, in order to increase citizens’ trust in the judiciary, and by using all means at their disposal, especially the rule of law conditionality mechanism, where applicable;
Amendment 29 #
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the COVID-19 pandemic has also shown that high levels of digitalisation have increased the resilience and efficiency of justice systems; agrees with the Commission that digitalisation should be fostered and investment in human and financial resources prioritised in some Member States in order to increase the efficiency of their justice systems, to facilitate access to legal aid and information; welcomes the fact that digitalising the public administration and the judiciary is a priority in many Member States’ Recovery and Resilience Plans;
Amendment 29 #
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that emergency regimes and decree-laws were urgently instated by governments in several Member States because of the COVID-19 pandemic, and that this has affected the functioning of the national justice systems and the activity of the courts; draws attention toregrets the lack of participation and the non-involvement of national parliaments in the decision- making and the closure of parliaments in numerous Member States during the pandemic, which has increased the power of governments and has led to a lack of accountability and transparency;
Amendment 37 #
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the fact that lawyers are now part of the EU Justice Scoreboard’s questionnaire; stresses that independent lawyerstrong lawyers' bars or associations are also essential to independent justice systems; reiterates the need for lawyers and the judiciary to be highly qualified and regularly trained in the rule of law and in EU law in general, and calls on the Commission to extend the scope of its next Report to include this area; further reiterates the importance of providing training modules on the Charter of Fundamental Rights of the European Union for judges and legal practitioners in order to foster a common rule of law culture and ensure that the rights enshrined in the Charter are always taken into account in civil and administrative proceedings when implementing European law;
Amendment 44 #
Draft opinion
Paragraph 7
Paragraph 7
7. Is deeply concerned about the status of Poland’s Constitutional Tribunal, the close connection between prosecutors and the government (in particular the Public Prosecutor General/Minister of Justice) and the complete disregard for not only EU law requirements, but also European Convention on Human Rights and Polish Constitutional requirements2 ; is further concerned about the impartiality of the judiciary in Hungary3 and the iandependence of the judiciary in signs of weakening of the rule of law in Slovakia, Malta, Slovenia, Bulgaria and Spain4 ; _________________ 2 Petitions No 0559/2020, 1154/2020, 1246/2020, 1360/2020 and 0869/2021. 3 Petition No 1512/2020. 4 Petitions No 1180/2020, 1182/2020, 1326/2020, 1367/2020, 1561/2020 and 0353/2021.
Amendment 50 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recalls that for the purposes of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget2a, the rule of law includes the principles of legality, which implies a transparent, accountable, democratic and pluralistic law-making process; legal certainty; prohibition of arbitrariness of the executive powers; effective judicial protection, including access to justice, by independent and impartial courts, also as regards fundamental rights; separation of powers; and non-discrimination and equality before the law; _________________ 2a 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.
Amendment 50 #
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the indispensability of enforcing court sentences, both at national and EU level; condemns all national and regional governments on EU territory that refuse to follow judgments; emphasises that sentences of the Court of Justice of the European Union have to be implemented in a timely manner and as soon as possible in accordance with the Treaties, which the Member States agreed to comply with5 , in particular, those court sentences that seek to prevent discrimination on grounds of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; _________________ 5 Petition No 0858/2017.
Amendment 63 #
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses the interdependence of the elements enshrined in Article 2 TEU and reiterates its call on the Commission to extend of the scope of the Report to all of the fundamental values of the EU; further calls that the Report reviews thoroughly all the pillars of the rule of law, including equality before the law, through monitoring the protection of fundamental rights of natural and legal persons, and in particular, the rights of minorities, the instruments employed in the fight against discrimination, hate crime and hate speech and a rigorous overview on access to justice and legal aid.
Amendment 68 #
12. Urges the Commission, furthermore,to provide clear recommendations on the challenges identified and the necessary follow-up actions to the Member States; furthermore urges the Commission to make robust use of its toolkit, including infringement procedures and the conditionality mechanism, where appropriate, to quickly and efficiently address any backsliding on the rule of law in national justice systems;
Amendment 69 #
Draft opinion
Paragraph 11
Paragraph 11
11. Regrets the fact that that the safety of journalists is not universally guaranteed; underlines the importance of media pluralism and the need to protect journalists against threats and attacks in order to prevent self-censorship and to assure freedom of expression and the right to information and safeguard the journalistic profession; calls on the Commission to improve the instruments for assessing measures taken by governments that may undermine freedom of information and pluralism;
Amendment 74 #
Draft opinion
Paragraph 12
Paragraph 12
12. Draws attention to the need for better regulation and more transparency regarding social networking sitemedia platforms9 ; takes note of the insufficiency of the horizontal assessment of the media sector and the lack of representation of online media in the Commission’s 2021 Rule of Law report (COM(2121)700); _________________ 9 Petitions No 1336/2020, 0036/2021, 0137/2021, 0691/2021 and 0719/2021.
Amendment 80 #
Draft opinion
Paragraph 14
Paragraph 14
14. Recalls the important role of journalists and civil society in raising the alarm about, and drawing attention to, any breaches of the rule of law, including with regard to the proper functioning of justice systems, and calls for them to be given enhanced protection against intimidation or violence; condemns the instrumental use of justice to undermine freedom of information and pluralism, notably through the use of strategic lawsuits against public participation (SLAPPs) in the EU;
Amendment 101 #
Draft opinion
Paragraph 16
Paragraph 16
16. Underlines that the role of civil society organisations is of particular importance; calls on the Commission to foster debatesopen, transparent and regular dialogue with representative associations and with civil society organisations in order to take note of all their concerns and involve them more effectively in follow-up meetings; highlights the need to offer longer consultation periods to guarantee proper participation of all civil society organisations; urges the Commission, therefore, to step up and structure its monitoring of the situation of civic space in the Member States by creating a ‘European civic space index’ based on existing frameworks for measuring civic space, and by dedicating to civic space a fully-fledged chapter including country recommendations in its annual rule of law report.
Amendment 104 #
Draft opinion
Paragraph 16 a (new)
Paragraph 16 a (new)