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45 Amendments of Nicolas BAY related to 2020/2072(INL)

Amendment 8 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 10
— having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the European Court of Human Rights, the conventions, recommendations, resolutions and reports of the Parliamentary Assembly, the Committee of Ministers, the Human Rights Commissioner and the Venice Commission of the Council of Europe,deleted
2020/07/27
Committee: LIBE
Amendment 13 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 11
— having regard to the Memorandum of Understanding between the Council of Europe and the European Union of 23 May 2007,deleted
2020/07/27
Committee: LIBE
Amendment 14 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 12
— having regard to the Rule of Law Checklist adopted by the Venice Commission at its 106th Plenary Session on 18 March 2016,deleted
2020/07/27
Committee: LIBE
Amendment 15 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Mara BIZZOTTO
Motion for a resolution
Citation 13
— having regard to the Council of Europe’s toolkit for Member States “Respecting democracy, rule of law and human rights in the framework of the COVID-19 sanitary crisis” of 7 April 2020,deleted
2020/07/27
Committee: LIBE
Amendment 16 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 14
— having regard to the 2020 Annual Report by the partner organisations to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists,deleted
2020/07/27
Committee: LIBE
Amendment 17 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Mara BIZZOTTO
Motion for a resolution
Citation 15
— having regard to the Commission communication of 17 July 2019 'Strengthening the rule of law within the Union - A blueprint for action' (COM(2019)0343),deleted
2020/07/27
Committee: LIBE
Amendment 18 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 16
— having regard to the Commission communication of 29 January 2020 containing the Commission Work Programme 2020 (COM(2020)0027) and the adjusted Commission Work Programme of 27 May 2020 (COM(2020)440),deleted
2020/07/27
Committee: LIBE
Amendment 19 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 17
— 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 rights1 , _________________ 1deleted OJ C 215, 19.6.2018, p. 162.
2020/07/27
Committee: LIBE
Amendment 20 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 18
— having regards 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 level2 , _________________ 2 OJ C 390, 18.11.2019, p. 117.deleted
2020/07/27
Committee: LIBE
Amendment 21 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 19
— having regard to its legislative resolution of 17 April 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Rights and Values programme3 , _________________ 3 Texts adopted, P8_TA(2019)0407.deleted
2020/07/27
Committee: LIBE
Amendment 22 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 20
— 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 rights4 , _________________ 4 Texts adopted, P8_TA(2018)0456.deleted
2020/07/27
Committee: LIBE
Amendment 23 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 21
— having regard to its resolution of 16 January 2019 on the situation of fundamental rights in the European Union in 20175 , _________________ 5deleted Texts adopted, P8_TA(2019)0032.
2020/07/27
Committee: LIBE
Amendment 25 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 22
— having regard to its resolution of 28 March 2019 on the situation of rule of law and fight against corruption in the EU, specifically in Malta and Slovakia6 _________________ 6 Texts adopted, P8_TA(2019)0328.deleted
2020/07/27
Committee: LIBE
Amendment 27 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Mara BIZZOTTO
Motion for a resolution
Citation 23
— having regard to its resolution of 18 December 2019 on public discrimination and hate speech against LGBTI people, including LGBTI free zones7 , _________________ 7deleted Texts adopted, P9_TA(2019)0101.
2020/07/27
Committee: LIBE
Amendment 30 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 24
— having regard to its resolution of 15 January 2020 on human rights and democracy in the world and the European Union’s policy on the matter – annual report 20188 , _________________ 8 Texts adopted, P9_TA(2020)0007.deleted
2020/07/27
Committee: LIBE
Amendment 34 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Mara BIZZOTTO
Motion for a resolution
Citation 25
— having regard to its resolution of 16 January 2020 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary9 , _________________ 9deleted Texts adopted, P9_TA(2020)0014.
2020/07/27
Committee: LIBE
Amendment 35 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Mara BIZZOTTO
Motion for a resolution
Citation 26
— having regard to its resolution of 17 April 2020 on EU coordinated action to combat the Covid-19 pandemic and its consequences10 , _________________ 10 Texts adopted, P9_TA(2020)0054.deleted
2020/07/27
Committee: LIBE
Amendment 39 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Mara BIZZOTTO
Motion for a resolution
Citation 27
— having regard to the joint civil society organisation recommendations 'From blueprint to footprint: Safeguarding media freedom and pluralism through the European Rule of Law Mechanism' of April 2020,deleted
2020/07/27
Committee: LIBE
Amendment 40 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 28
— having regard to the report of the European Network of National Human Rights Institutions 'The Rule of Law in the European Union' of 11 May 2020,deleted
2020/07/27
Committee: LIBE
Amendment 41 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 29
— having regard to the Human Rights and Democracy Network Working Group on EU Internal Human Rights Policy’s submission of 4 May 2020 to the European Commission in the framework of the stakeholder consultation for the Rule of Law Report,deleted
2020/07/27
Committee: LIBE
Amendment 47 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 30
— having regard to its European added value assessment accompanying the legislative initiative report on an EU mechanism on democracy, the rule of law and fundamental rights of October 2016,deleted
2020/07/27
Committee: LIBE
Amendment 48 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 31
— having regard to the Parliament’s Preliminary Assessment on the European added value of an EU mechanism on democracy, rule of law and fundamental rights of April 2020,deleted
2020/07/27
Committee: LIBE
Amendment 49 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Citation 34
— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0000/2020),deleted
2020/07/27
Committee: LIBE
Amendment 55 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Recital A
A. whereas the Union is founded on the values 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, as set out in Article 2 of the Treaty on European Union (TEU); whereas those values are values which are common to the Member States and to which all Member States have freely subscribed;
2020/07/27
Committee: LIBE
Amendment 64 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Recital B
B. whereas the preceding decade has seen brazen attacks against Union values in several Member States; whereas international comparisons and Parliament resolutions have evidenced considerable democratic backsliding in Hungary and Poland in particular; whereas Parliament has been calling since 2016 for a comprehensive, preventive and evidence-based monitoring in this field via an EU mechanism on democracy, the rule of law and fundamental rights;deleted
2020/07/27
Committee: LIBE
Amendment 81 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Recital C
C. whereas breaches of the values referred to in Article 2 TEU may weaken the cohesion of the EuropeaUnion project, the rights of all Union citizens and mutual trust among the Member States;
2020/07/27
Committee: LIBE
Amendment 85 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Recital D
D. whereas the Commission is preparing to publish an annual rule of law report, to be followed by a Strategy for the Implementation of the Charter of Fundamental Rights and a European Democracy Action Plahas shown a tendency to instrumentalise the principle of the rule of law in an obviously politically driven fashion;
2020/07/27
Committee: LIBE
Amendment 90 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Recital E
E. whereas 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, once adopted, would become an indispensable tool in saf would raise serious concerns about the political use of such tools towards Member States which are not aligned with the Commission's political vision, particularly reguarding the rule of law within the Unionmigration strategies;
2020/07/27
Committee: LIBE
Amendment 94 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities;
2020/07/27
Committee: LIBE
Amendment 103 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Recital F a (new)
Fa. whereas many so-called civil society organisations allegedly dedicated to the protection and promotion of democracy, the rule of law and fundamental rights are actually ultimately pursuing political goals and therefore should not be considered as legitimate and independent stakeholders and should not be eligible for Union funds; whereas the activities of those organisations can often be described as foreign political interference;
2020/07/27
Committee: LIBE
Amendment 107 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Recital G
G. whereas Parliament, the Commission and the Council share political responsibility for upholding Union values, within the limits of the powers conferred on them by the Treaties; whereas an interinstitutional agreement based on Article 295 of the Treaty on the Functioning of the European Union (TFEU) would ensure the necessary arrangements to facilitate the cooperation of the three institutions in that regard; whereas, pursuant to Article 295 TFEU, any of the three institutions may propose such an agreement;
2020/07/27
Committee: LIBE
Amendment 112 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Paragraph 1
1. emphasises the urgent need for the Union to develop a robust and positive agenda for protecting and reinforcingrecalls that democracy, and the rule of law and fundamental rights for all its citizens; insists that the Union must remain a champion of freedom and justice in Europe and the worldre core components of the European civilization; stresses that these concepts are protean and can have different yet legitimate acceptations;
2020/07/27
Committee: LIBE
Amendment 119 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Paragraph 1 a (new)
1a. regrets the growing and concerning use of the procedure provided for in Article 7 TEU for political and ideological purposes;
2020/07/27
Committee: LIBE
Amendment 122 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Paragraph 2
2. warns that the Union isMember States are facing an unprecedented and escalating crisis of its founding values,migration crisis which threatens itsthe long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the functioning of its single market, the effectiveness of its common policies and its international credibilityof their identities, traditions and common civilization;
2020/07/27
Committee: LIBE
Amendment 141 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that fieldalready interferes with national policies on the alleged ground of democratic and rule of law backsliding in the Member States; believes that the Council is adequately enforcing Union values in ongoing Article 7 TEU procedures and insists that open procedures should be concluded shortly;
2020/07/27
Committee: LIBE
Amendment 151 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Paragraph 4
4. welcomestakes note of the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agendareiterates that a monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission would be disproportionate and undemocratic as rule of law cannot be evaluated with quantitative indicators;
2020/07/27
Committee: LIBE
Amendment 156 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Paragraph 5
5. proposesrejects the proposal for the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (the ‘Mechanism’), building on Parliament’s 2016 proposal and the Commission’s 2020 Rule of Law Report, to be governed by an interinstitutional agreement between Parliament, the Council and the Commission, consisting of an Annual Monitoring Cycle on Union values, covering all aspects of Article 2 TEU, and applying equally, objectively and fairly to all Member States;
2020/07/27
Committee: LIBE
Amendment 160 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcement measures;deleted
2020/07/27
Committee: LIBE
Amendment 175 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), while increasing complementarity and coherence with other available tools, including infringement procedures under Article 7 TEU, budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives of the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU and Regulation (EU) 2020/xxxx of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States11 ; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....deleted
2020/07/27
Committee: LIBE
Amendment 185 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Paragraph 8
8. recalls the indispensable role played by civil society, national human rights institutions and other relevant actors in all stages of the Annual Monitoring Cycle, from providing input to facilitating implementation; points out that the accreditation status of national human rights institutions and the space for civil society may themselves serve as indicators for assessment purposes; considers that national parliaments must hold public debates and adopt positions on the outcome of the monitoring cycle;deleted
2020/07/27
Committee: LIBE
Amendment 197 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Paragraph 9
9. reaffirms the limited role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiterates the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedure; believes that the Mechanism, underpinned by an interinstitutional agreement, will provide the necessary framework for better coordination;
2020/07/27
Committee: LIBE
Amendment 203 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Paragraph 10
10. is of the view that, in the long- term, strengthening the Union’s ability to promote and defend its constitutional core will require Treaty change; looks forward to the reflection and conclusions of the Conference on the Future of Europe in that regard;deleted
2020/07/27
Committee: LIBE
Amendment 211 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST, Annalisa TARDINO, Mara BIZZOTTO
Motion for a resolution
Paragraph 11
11. strongly believes that addressing the crisis of Union values, including through the proposed Mechanism, is a precondition for re-establishing mutual trust among Member States, thus enabling the Union as a whole to sustain and further all common policies;deleted
2020/07/27
Committee: LIBE
Amendment 219 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Paragraph 12
12. invites the Commission and the Council to enter without delay intodecline any request for negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU; considers the proposal set out in the Annex hereto to constitute an appropriate basis for such negotiations;
2020/07/27
Committee: LIBE
Amendment 220 #
Nicolas BAY, Jean-Paul GARRAUD, Nicolaus FEST
Motion for a resolution
Annex I
[...]deleted
2020/07/27
Committee: LIBE
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