Activities of Barbara SPINELLI related to 2015/2254(INL)
Plenary speeches (1)
EU mechanism on democracy, the rule of law and fundamental rights (debate) IT
Shadow reports (1)
REPORT with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights PDF (715 KB) DOC (117 KB)
Amendments (62)
Amendment 3 #
Draft opinion
Indent 1 – paragraph 1
Indent 1 – paragraph 1
1. Expresses the view that the Member States of the European Union should move towards a shared culture of the meaning of the rule of law in the 28 Member States to be applied by all concerned even-handedlyRecalls that the Union is founded on common principles such as respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, and that both all the EU institutions and bodies and the 28 Member States are legally obliged to protect and promote these principles;
Amendment 5 #
Motion for a resolution
Citation 2
Citation 2
— having regard to the preamble to the Treaty on European Union (TEU), in particular the second, fourth, fifth and seventh recitals thereof,
Amendment 17 #
Draft opinion
Indent 1 – paragraph 2
Indent 1 – paragraph 2
2. Considers that the procedure undermechanisms provided for in Article 7 TEU are de facto unusable being essentially based on difficult political agreements between Member States; emphasizes that the Article 7258 TFEU is virtually unusableprovides for the European Parliament no possibility of infringement proceedings before the ECJ; notes that the Union has no legally binding mechanism in place to monitor regularly the compliance of the Member States and EU institutions with the EU's values and fundamental valuerights;
Amendment 22 #
Draft opinion
Indent 1 – paragraph 3
Indent 1 – paragraph 3
3. Takes note of the rule of law Framework established by the Commission in 20141 and of the creation of an annual dialogue on the rule of law in the General Affairs Council as established in December 2014; and looks to the formulation of common ground as between these different rule of law mechanisms; __________________ 1 Communication of the Commission of 11 March 2014 on "A new EU Framework to strengthen the Rule of Law" (COM(2014)0158).
Amendment 36 #
Draft opinion
Indent 1 – paragraph 4
Indent 1 – paragraph 4
4. Considers it important to work towards a new consensus between the EU and its Member States with the aim of promoting democracy, the rule of law and fundamental rights, proceeding from the basis that unless extreme care is taken, there will always be a danger ofhat the EU and its Member States fully adhere to the wording of the Treaties, namely for instance articles 2, 3, 6, 7 and 13 TEU, with the aim of promoting democracy, the rule of law and fundamental rights, in all their politicising legalityes and actions;
Amendment 39 #
Draft opinion
Indent 1 – paragraph 4 a (new)
Indent 1 – paragraph 4 a (new)
4a. Following the view already expressed by the European Parliament in its Resolution of 27 February 2014 on the situation of fundamental rights in the European Union (2012), considers it necessary to abolish article 51 of the Charter of fundamental rights of the European Union in order to enhance its field of application and make all the dispositions of the Charter directly applicable in the Member States;
Amendment 52 #
Draft opinion
Indent 2 – paragraph 6
Indent 2 – paragraph 6
6. Recommends the establishment on an specialized EU mechanism for Democracy, the Rule of Law and Fundamental Rights which would include all relevant stakeholders; considers that this would, however, require a Treaty changee required Treaty change to be a lengthy but necessary procedure under the light of the common efforts to defend EU's democratic principles;
Amendment 58 #
Draft opinion
Indent 2 – paragraph 6 a (new)
Indent 2 – paragraph 6 a (new)
6a. Considers it necessary to go beyond these mechanisms as enshrined in Article 7 TEU and Article 258 TFEU in order to set-up a single, comprehensive and legally binding instrument addressing all the possible infringements of the rule of law and fundamental rights committed both by Institutions, formal and informal bodies, offices and agencies of the European Union, and the Member States and giving to the European Parliament, the European Commission and the Council the same right to appeal in the European Court of Justice;
Amendment 63 #
Draft opinion
Indent 2 – paragraph 7
Indent 2 – paragraph 7
Amendment 67 #
Draft opinion
Indent 2 – paragraph 7 a (new)
Indent 2 – paragraph 7 a (new)
7a. Recommends to set-up, under article 352 of the TFEU, a politically independent body of experts in the field of fundamental rights acting, within the revised mechanism on democracy, the rule of law and fundamental rights, as the monitoring body of the situation of human rights and the rule of law both in the Union as a whole and in its individual Member States;
Amendment 72 #
Draft opinion
Indent 2 – paragraph 9
Indent 2 – paragraph 9
9. Recommends the organisation of an annual pan-EU parliamentary debate on democracy, the rule of law and fundamental rights as part of a multi- annual structured dialogue between the European Parliament and the, national parliaments, on the one hand, and the Commission and the Council, on the other;
Amendment 76 #
Motion for a resolution
Recital A
Recital A
A. whereas the European Union is a community of values, based on democracy, the rule of law and fundamental rights, enshrined in its core principles and objectives in the first articles of the Treaty on European Union (TEU), and in the criteria for Union membership; whereas the full respect and promotion of those principles is the essential prerequisite for the legitimacy of the European project as a whole and the basic condition for building citizens' trust in the EU;
Amendment 76 #
Draft opinion
Indent 2 – paragraph 10
Indent 2 – paragraph 10
10. Recommends that the pan-EU parliamentary debate is organised in such a way that it can involve setting goals to achieve and provide the means to measure changes from one year to another.; also recommends the acceleration of relevant procedures in order to create such means, which will not only allow the immediate and effective monitoring of annual changes, but will also ensure the compliance with commitments by all relevant parts;
Amendment 79 #
Draft opinion
Indent 2 – paragraph 10 a (new)
Indent 2 – paragraph 10 a (new)
10a. Recommends the organisation of an annual "European Justice Summit" focused on democracy, the rule of law and fundamental rights, bringing together representatives of the European Parliament, the Commission, the Council, the Court of Justice, the European Court of human rights, the Council of Europe, the EU Agency for fundamental rights and of the national supreme courts, in order to promote a structured and permanent pan-European dialogue in this field;
Amendment 83 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, according to Opinion 2/13 and the relevant case-law of the Court of Justice, fundamental rights recognised by the EU Charter of fundamental rights are at the heart of the legal structure of the Union and respect for those rights is a condition of the lawfulness of EU acts, so that measures incompatible with those rights are not acceptable in the EU;
Amendment 93 #
Motion for a resolution
Recital C
Recital C
C. whereas all Member States, the institutions of the Union and candidate countries are obliged to upholdrespect, protect and promote those principles and values, and they have the duty of loyal cooperation and an obligation of transparency of the decision-making process;
Amendment 96 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, according to, amongst others, Protocol n. 24 to the Treaties, recital 10 of Decision 2002/584/JHA and the case-law of the ECtHR ("M.S.S. v. Belgium and Greece") and ECJ ("N.S. and M.E.", "Aranyosi and Căldăraru"), Member States, including the national courts, have an obligation to refrain from implementing EU law vis-à-vis other Member States in the event that there is a clear risk of serious breach or a serious and persistent breach of the rule of law and fundamental rights in the latter States;
Amendment 119 #
Motion for a resolution
Recital F
Recital F
F. whereas respect for cultural diversity and national traditions may not impedethe principle of equality and non-discrimination is a universal principle and it represents the common thread of all EU's policies and activities; whereas respect for this principle should lead the Union to promote and adopt a uniform and high level of protection of democracy, rule of law and fundamental rights (DRF) throughout the EU;
Amendment 138 #
Motion for a resolution
Recital H
Recital H
H. whereas the improvement of the effectiveness of justice systems in Member States has been identified by the Commission as a key component for structuris a key aspect of the rule of law and it is essential reforms in the European Semester, the annual cycle for the coordination of economic policies at Union level ensuring equal treatment, sanctioning government abuses and preventing arbitrariness;
Amendment 141 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the UN Guidance Note of the Secretary-General "UN Approach to the Rule of Law Assistance" recommends that the rule of law should include a public and civil society that contributes to strengthening the rule of law and holding public officials and institutions accountable;
Amendment 194 #
Motion for a resolution
Recital P
Recital P
P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadequate and ineffective, or they are unlikely to be used being based on difficult political agreements between the Member States and the EU institutions; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries;
Amendment 219 #
Motion for a resolution
Recital T
Recital T
T. whereas in situations where a Member State no longer guarantee respect for DRF, the Union and its Member States have a duty to protect the rights of the residents ofanyone who is in that Member State;
Amendment 229 #
Motion for a resolution
Recital U
Recital U
U. whereas recent developments have shown it is urgent to revise and integrate existing mechanisms and develop an effective and binding mechanism to ensure Treaty principles and values are uphelrespected, protected and promoted throughout the Union;
Amendment 264 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 2016, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto and with a view to extend this Pact also to all European Institutions and bodies;
Amendment 269 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recommends that the Commission engages in a meaningful dialogue with civil society and ensures that its contributions are clearly taken into account in the proposal;
Amendment 277 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Uniono all the acts of the European Commission, the European Parliament, the Council of the EU and the European Council;
Amendment 284 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recommends furthermore that the EU Pact for DRF include the regular monitoring of the compatibility of the international agreements ratified by the Member States and the Union with the European and international provisions regarding the protection and promotion of human rights;
Amendment 289 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Expresses once again its deep concern for the lack of transparency and democratic accountability that characterises the Eurogroup; recommends that the EU Pact for DRF also apply to this body;
Amendment 290 #
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Recalls that the Commission, as guardian of the Treaties, has the duty to monitor and assess the correct implementation of the EU law and the respect of the principles and objectives enshrined in the Treaties by the Member States and by all the EU institutions and bodies; recommends, therefore, to take into consideration this task of the Commission in assessing its compliance with DRF through the DRF Scoreboard;
Amendment 292 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to present, by June 2017 at the latest, a new draft agreement for the accession of the Union to the ECHR, taking into account the Opinion 2/13 of the Court of Justice of the European Union (CJEU) of 18 December 2014providing positive solutions to the objections raised by the Court of Justice of the European Union (CJEU) in its Opinion 2/13 of 18 December 2014; furthermore, asks the Commission to start negotiations with the Council of Europe for the accession of the EU to the European Social Charter;
Amendment 296 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the financial, economic and social crisis and the measures adopted to tackle it have had a deep impact on large sections of the population; underlines that social rights are fundamental rights, as recognised by international treaties, the ECHR, the EU Charter of Fundamental Rights and the European Social Charter; calls therefore on the Commission to duly take into account social rights while proposing the conclusion of the EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) and to properly fulfil its obligation to mainstream social objectives throughout all European initiatives as provided for in articles 3 TEU and 9 TFEU;
Amendment 321 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for the organisation of an annual "European Justice Summit" to be held at the European Parliament, bringing together members of the EU institutions, the Court of Justice, the European Court of human rights, the Council of Europe, the FRA, the national supreme courts and representatives of civil society, in order to promote a structured and permanent pan-European dialogue on democracy, the rule of law and fundamental rights;
Amendment 340 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that beside the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) the Union needs to further strengthen its democratic legitimacy by providing for a greater involvement of civil society in the decision-making process; recalls that in its follow up to the European Parliament resolution on the European Citizens' Initiative, adopted on 2 February 2016, the Commission stated "that after only three years after its effective entry into application, it is at this point too early to launch a legislative revision of the Regulation"; recalls however that from the establishment of the ECI only three initiatives were deemed admissible and no one has received an appropriate follow-up; therefore stresses once more the need to revise Regulation 211/2011 in order to encourage the Commission to have a less restrictive approach on the legal admissibility of an ECI and to allow a successful initiative to have an appropriate and concrete follow- up;
Amendment 354 #
Motion for a resolution
Paragraph 9 – indent 1
Paragraph 9 – indent 1
- Article 2 TEU and the Charter of Fundamental Rights to become a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure;
Amendment 362 #
Motion for a resolution
Paragraph 9 – indent 2
Paragraph 9 – indent 2
- Enabling national courts under Article 2 TEU and the Charter of Fundamental Rights to bring before the CJEU actions on the legality of Member States' actions;
Amendment 367 #
Motion for a resolution
Paragraph 9 – indent 3
Paragraph 9 – indent 3
- Enabling individuals to bring actions before the CJEU, including class actions and strategic litigations;
Amendment 369 #
Motion for a resolution
Paragraph 9 – indent 3 a (new)
Paragraph 9 – indent 3 a (new)
- Enabling individuals to bring actions before the CJEU for failure to act with regard to decisions adopted by the EU institutions under article 7 TEU;
Amendment 370 #
Motion for a resolution
Paragraph 9 – indent 3 b (new)
Paragraph 9 – indent 3 b (new)
- Enabling the Court of Justice to review the legitimacy of the decisions adopted under article 7 TEU;
Amendment 382 #
Motion for a resolution
Paragraph 9 – indent 5 a (new)
Paragraph 9 – indent 5 a (new)
Amendment 405 #
Motion for a resolution
Annex – Citation 1
Annex – Citation 1
– having regard to the preamble to the Treaty on European Union (TEU), in particular the second, fourth, fifth and seventh recitals thereof,
Amendment 441 #
Motion for a resolution
Annex – Recital 1
Annex – Recital 1
(1) Whereas there is a need for a democracy, rule of law and fundamental rights (DRF) mechanism that is objective, evidence-based and applied equally and fairly to all Member States as well as to the institutions of the Union and that includes both the preventative and the corrective dimension;
Amendment 443 #
Motion for a resolution
Annex – Recital 2
Annex – Recital 2
(2) Whereas the primary objective of such a mechanism should be to prevent violations and non-respect of DRF, while at the same time providing the tools needed to render both the preventative and corrective arms of Article 7 TEU, as well as the other instruments provided for in the Treaties, operational in practice;
Amendment 455 #
Motion for a resolution
Annex – Article 1
Annex – Article 1
The core values and foundational principles of the Union, namely democracy, the rule of law and fundamental rights (DRF), shall be uphelrespected, protected and promoted throughout the Union in a Union Pact on DRF, which shall consist of the definition, elaboration, monitoring and enforcement of those values and principles, and apply to both the Member States and the institutions of the Union;
Amendment 468 #
Motion for a resolution
Annex – Article 4
Annex – Article 4
An annual scoreboard on the state of DRF in the Member States as well as on their degree of implementation at Union level by the institutions of the Union shall be elaborated by an independent panel of experts and automatically adopted by the Commission;
Amendment 476 #
Motion for a resolution
Annex – Article 5
Annex – Article 5
The DRF Scoreboard shall incorporate, replace and complete existing instruments, in particularamong which the Justice Scoreboard, the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania, the Media Pluralism Monitor, the anti- corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU);
Amendment 489 #
Motion for a resolution
Annex – Article 6 – indent 8 a (new)
Annex – Article 6 – indent 8 a (new)
– contributions from the Union institutions;
Amendment 498 #
Motion for a resolution
Annex – Article 8 – introductory part
Annex – Article 8 – introductory part
The Scoreboard shall be based on a set of indicators in three categories, presented in a harmonised format and accompanied by country-specific and Union institution- specific reports.
Amendment 504 #
Motion for a resolution
Annex – Article 8 – point 8.1 – indent 6 a (new)
Annex – Article 8 – point 8.1 – indent 6 a (new)
– Freedom of expression and freedom of assembly
Amendment 520 #
Motion for a resolution
Annex – Article 8 – point 8.3 – indent 1 a (new)
Annex – Article 8 – point 8.3 – indent 1 a (new)
– The European Convention on human rights and related Protocols
Amendment 521 #
Motion for a resolution
Annex – Article 9 – introductory part
Annex – Article 9 – introductory part
The assessment of the state of DRF in the Member States and of their degree of implementation at Union level by the institutions of the Union, as well as the development of country-specific and Union institution-specific draft recommendations, shall be carried out by a broad and representative panel of independent experts ('DRF expert panel'), on the basis of a quantitative and qualitative review of the data and information available.
Amendment 543 #
Motion for a resolution
Annex – Article 9 – point 9.3
Annex – Article 9 – point 9.3
9.3 In order to facilitate the development of the draft DRF Scoreboard and, draft country recommendations and draft Union institution recommendations, the Commission shall provide an independent secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.
Amendment 548 #
Motion for a resolution
Annex – Article 10 – introductory part
Annex – Article 10 – introductory part
For each of the indicators, a score shall be given by each of the panellists to each of the Member States and of the Union institutions under scrutiny: satisfactory (green), risk (yellow), breach or violation (red). The final score shall be the average of the DRF expert panel. This scoring exercise shall be carried out on an anonymous and independent basis by each of the panellists in order to safeguard the independence of the DRF expert panel and the objectivity of the DRF Scoreboard. The members of the DRF expert panel may, however, consult with one another with a view to discussing methods and agreed standards.
Amendment 560 #
Motion for a resolution
Annex – Article 11 – indent 1
Annex – Article 11 – indent 1
– The draft DRF Scoreboard, including draft country-specific recommendations and draft Union institution-specific recommendations, shall be developed annually by the DRF expert panel;
Amendment 569 #
Motion for a resolution
Annex – Article 11 – indent 3
Annex – Article 11 – indent 3
– The draft DRF Scoreboard and, draft country-specific recommendations and draft Union institution-specific recommendations shall be made publically available;
Amendment 571 #
Motion for a resolution
Annex – Article 11 – indent 4
Annex – Article 11 – indent 4
– The Commission shall formally adopt the DRF Scoreboard and country, country- specific reports and Union institution- specific reports, including recommendations, and refer them to the Member States, including national parliaments, the European Parliament and the Council as a basis for the DRF Semester and for the DRF policy cycle in the institutions of the Union.
Amendment 587 #
Motion for a resolution
Annex – Article 12 – indent 2
Annex – Article 12 – indent 2
– the Council shall hold an annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF Scoreboard and adopt Council conclusions, taking into account the outcomes of the resolution adopted by the European Parliament, inviting national parliaments to provide a response to the DRF Scoreboard, proposals or reforms;
Amendment 591 #
Motion for a resolution
Annex – Article 12 – indent 2 a (new)
Annex – Article 12 – indent 2 a (new)
– both the European Parliament’s resolution and the Council conclusions as well as the decision-making process shall be made public;
Amendment 592 #
Motion for a resolution
Annex – Article 12 – indent 3
Annex – Article 12 – indent 3
– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases togetherone or more infringement procedures for violations of the Member States’ obligations deriving from Union law, including where applicable the Charter of Fundamental Rights of the European Union, or, alternatively, a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together; if the Commission decides not to start any procedure, it shall explain the reasons for this choice, which shall be made publicly available;
Amendment 622 #
Motion for a resolution
Annex – Article 12 – point 12.3.1
Annex – Article 12 – point 12.3.1
12.3.1 In case a Member State has red scores on more than one quarter of the indicators, or if it has red scores on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of yellow or red scores increases, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made publically available.
Amendment 631 #
Motion for a resolution
Annex – Article 13 a (new)
Annex – Article 13 a (new)
Amendment 634 #
Motion for a resolution
Annex – Article 14 – introductory part
Annex – Article 14 – introductory part
A systematic fundamental rights impact assessment shall be carried out for all legislative proposals by the Commission, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation;
Amendment 637 #
Motion for a resolution
Annex – Article 14 – point 14.1
Annex – Article 14 – point 14.1
14.1 An independent expert panel, which shall be set up by the Commission, the Council and the European Parliament, shall assess DRF compliance of legislative proposals after the conclusion of interinstitutional negotiations and prior to their formal adoption in accordance with Article 12 of the Interinstitutional Agreement on Better Regulation. The panel shall provide advice during the interinstitutional negotiations.