17 Amendments of Benedek JÁVOR related to 2018/0136(COD)
Amendment 61 #
Proposal for a regulation
Recital 2
Recital 2
(2) The rule of law requires that all public powers act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and, impartial and effective courts. It requires, in particular, that the principles of legality7 , legal certainty8 , prohibition of arbitrariness of the executive powers9 , separation of powers10 , and effective judicial protection by independent courts11 are respected12 . _________________ 7 Judgment of the Court of Justice of 29 April 2004, CAS Succhi di Frutta, C- 496/99 PECLI:EU:C:2004:236, paragraph 63. 8 Judgment of the Court of Justice of 12 November 1981, Amministrazione delle finanze dello Stato v Srl Meridionale Industria Salumi and others Ditta Italo Orlandi & Figlio and Ditta Vincenzo Divella v Amministrazione delle finanze dello Stato. Joined cases 212 to 217/80, ECLI:EU:C:1981:270, paragraph 10. 9 Judgment of the Court of Justice of 21 September 1989, Hoechst, Joined cases 46/87 and 227/88, ECLI:EU:C:1989:337, paragraph 19. 10 Judgment of the Court of Justice of 10 November 2016, Kovalkovas, C-477/16, ECLI:EU:C:2016:861, paragraph 36; Judgment of the Court of Justice of 10 November 2016, PPU Poltorak, C-452/16, ECLI:EU:C:2016:858, paragraph 35; and Judgment of the Court of Justice of 22 December 2010, DEB,C-279/09, ECLI:EU:C:2010:811, paragraph 58. 11 Judgment of the Court of Justice of 27 February 2018, Associação Sindical dos Juízes Portugueses v Tribunal de Contas C- 64/16, ECLI:EU:C:2018:117, paragraphs 31, 40-41. 12 Communication from the Commission "A new EU Framework to strengthen the Rule of Law", COM(2014) 158 final, Annex I.
Amendment 75 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The independence of the prosecution and the judiciary comprises both the formal (de jure) and actual (de facto) independence of the prosecution and the judiciary and the individual prosecutors and judges.
Amendment 78 #
Proposal for a regulation
Recital 8
Recital 8
(8) Respect for the rule of law is not only important for citizens of the Union, but also for business initiatives, innovation, investment, economic, social and territorial cohesion and the proper functioning of the internal market, which will flourish most where a solid legal and institutional framework is in place.
Amendment 95 #
Proposal for a regulation
Recital 12
Recital 12
(12) The identification of a generalised deficiency requires a qualitative assessment by the Commission. That assessment could be based onIn order to provide an objective and systematic assessment, the Commission should regularly publish an assessment of threats to the rule of law, including risks of systemic corruption, in each Member State based on a set of indicators and independent reports, including the information from all available sources and recognized institutions, including judgments of the Court of Justice of the European Union, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations and networks, such as the bodies of the Council of Europe and the European networks of supreme courts and councils for the judiciary.
Amendment 97 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The Commission in its analysis of risks of systemic corruption in each Member State should include the following set of indicators: avoiding the publication of calls for tenders in the official public procurement journal, leaving little time for bidders to submit, changing the technical criteria of eligibility after publication, overly complex eligibility criteria (proxy of tailoring the conditions to a single company), use of invitation tenders, use of hard-to-quantify evaluation criteria (increasing room for discretion) with large weight, extremely short decision time (suggesting premeditation) or excessively long decision time due to legal challenge, single bid received on an otherwise competitive market, recurrent contract award to the same. The data should be received from the analysis of big data obtained from individual public procurement procedures and contract using data mining techniques.
Amendment 100 #
Proposal for a regulation
Recital 13
Recital 13
(13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the change of shared management to direct/indirect management, to reallocate funds to the Rights and Values Programme, and ultimately the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients.
Amendment 107 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The rights of the final beneficiaries should be upheld and guaranteed when measures are executed, unless the final beneficiaries are involved in damaging the Union’s financial interest in any way.
Amendment 125 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) 'the rule of law' refers to the Union value enshrined in Article 2 of the Treaty on European Union which includes the principles of legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; checks and balances; effective judicial protection by independent courts, including of fundamental rights; separation of powers and equality before the law;
Amendment 164 #
Proposal for a regulation
Article 4 – paragraph 1 – point a – point -1 (new)
Article 4 – paragraph 1 – point a – point -1 (new)
(-1) reallocating payments to the Rights and Values Programme;
Amendment 169 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point -1 (new)
Article 4 – paragraph 1 – point b – point -1 (new)
(-1) taking the funds of one or more programmes into direct or indirect management of the Commission;
Amendment 170 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point -1 a (new)
Article 4 – paragraph 1 – point b – point -1 a (new)
(-1a) reallocating payments to the Rights and Values Programme;
Amendment 195 #
Proposal for a regulation
Article 5 – paragraph -1 (new)
Article 5 – paragraph -1 (new)
-1. The Commission shall establish a risk assessment framework that assesses the state of the rule of law in all Member States, based on criteria laid down in Article 3. The Commission shall prepare and publish these assessments annually.
Amendment 196 #
Proposal for a regulation
Article 5 – paragraph -1 a (new)
Article 5 – paragraph -1 a (new)
Amendment 198 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. If the European Parliament considers it necessary it may initiate the action of the European Commission set out in paragraph 1.
Amendment 200 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. TBefore resorting to a written notification pursuant to paragraph 1 the Commission mayshall take into account all relevant information, including decisions of the Court of Justice of the European Union, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations. . The Commission shall take into account in particular: (i) the Venice Commission’s Rule of Law Checklist; (ii) the Council of Europe Recommendation CM/Rec (2010)12 ‘Judges: independence, efficiency and responsibilities’; (iii) the Venice Commission Report on the Independence of the Judicial System Part I: the Independence of Judges (CDL- AD(2010)004); (iv) the Venice Commission Report on Part II: the Prosecution Service (CDL- AD(2010)040); (v) the relevant evaluation and compliance reports of the Group of States against Corruption (GRECO); (vi) the relevant anti-corruption recommendations of the European Semester; (vii) the relevant findings of the EU Justice Scoreboard; (viii) the reports and recommendations of OLAF. The Commission may take into account: (i) the conclusions and recommendations of relevant international organisations; (ii) the studies of the academia and other scientific institutions; (iii) the findings of relevant non- governmental organisations.
Amendment 215 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. The Commission shall publish its proposal in the Official Journal including the justification and the methodology used in the procedure.
Amendment 237 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2