13 Amendments of Jean-François JALKH related to 2021/2071(INI)
Amendment 14 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the rule of law is historically a concept that has been instrumentalised for three years now by the European institutions, which want to punish Hungary and Poland for not accepting the distribution of migrants after the 2015 crisis;
Amendment 17 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the Commission’s intention to develop guidelines for the application of the Regulation; reiterates once again its view that the text of the Regulation is clear and does not require any additional interpretation in order to be applied;
Amendment 27 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that the European institutions exercise their powers in accordance with the Treaties and that the Commission should act as "the Guardian of the Treaties"; considers that the Commission has overcome its role as Guardian of the Treaties, becoming a political actor and exceeding the limits set by the Treaties;
Amendment 32 #
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 38 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Commission to avoid any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation;Commission cannot blackmail Member states
Amendment 49 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that the list of indicative violations of the principles of the rule of law is variable and exposed to arbitrariness and emotion;
Amendment 69 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that measures under the Regulation are taken where breaches of the principles of the rshouled of law in a Member State affect or seriously risk affecting the sound financial management of the Union budget ornly point to the protection of the financial interests of the Union in a sufficiently direct way; underlines that this implies a comprehensive, proactive, risk-based approach on the part of the Commission to safeguard Union spending even before actual payments are made, but not to act politically;
Amendment 71 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 77 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 85 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recalls that the conditionality mechanism is at the very least illegitimate since it duplicates the procedures concerning respect for the rule of law, whereas only the procedure under Article 7 TFEU can determine the existence of a serious and persistent breach of the rule of law and the continuation of the procedures under way should therefore henceforth be the sole responsibility of the Council;
Amendment 86 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that ‘systemic’ breaches, for instance those affecting the functioning of the justice system, the independence of judges or the neutrality of public authorities, have in general a clear indirect impact on the proper management, spending and control of Union funds; considers that independence is violated not only when judges are subjected to the influence of political bodies, but also when them are in a situation of dependence on other subjects, such as trade union-corporate associations which have the substantial power to decide their careers and, consequently, are able to influence judges activities;
Amendment 102 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recalls that the appeal lodged with the Court of Justice of the European Union by Poland and Hungary on 11 December 2020 is defacto suspensive;
Amendment 103 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Welcomes the Commission's respect for the legal situation, as it wishes to wait for the decision of the Court of Justice of the European Union, whereas Parliament is calling for the immediate activation of the new mechanism;