9 Amendments of Fabio Massimo CASTALDO related to 2015/2254(INL)
Amendment 7 #
Draft opinion
Indent 1 – paragraph 1
Indent 1 – paragraph 1
1. Expresses the view that the Member States of the European Union should without delay 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-handedly;
Amendment 12 #
Draft opinion
Indent 1 – paragraph 1 a (new)
Indent 1 – paragraph 1 a (new)
1a. Recalls that Article 6(2) TEU commits the European Union to acceding to the European Convention on Human Rights and Fundamental Freedoms, and therefore calls for this to happen;
Amendment 21 #
Draft opinion
Indent 1 – paragraph 2
Indent 1 – paragraph 2
2. Considers that the procedure under Article 7 TEU is virtually unusable; 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 fundamental values, and therefore calls for amendments to be made to the Treaties to this end, where necessary;
Amendment 23 #
Draft opinion
Indent 1 – paragraph 3
Indent 1 – paragraph 3
3. Takes note ofWelcomes 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 mechanismss a first contribution to overcoming the lack of effective mechanisms to prevent and resolve breaches of the principles of the rule of law, democracy and human rights; wishes furthermore to see coordination between the two dialogues, but recalls that they cannot absolutely be regarded as an adequate instrument to fill the gaps in the existing system, inter alia because of the lack of any binding effect of the Communication, with reference either to its issuing or to its actual implementation; __________________ 1 Communication of the Commission of 11 March 2014 on "A new EU Framework to strengthen the Rule of Law" (COM(2014)0158).
Amendment 31 #
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 of politicising legality;
Amendment 51 #
Draft opinion
Indent 2 – paragraph 6
Indent 2 – paragraph 6
6. Recommends, pending a possible amendment of the Treaties, the establishment onf an EU mechanism for Democracy, the Rule of Law and Fundamental Rights which would include all relevant stakeholders; considers that this would, however, requi, based on the introduction of infringement procedures as referred to in Articles 258 and 260 TFEU against Member States in the event of multiple individual infringements which, taken together, could prefigure a Tbreaty changech of Article 2 TEU;
Amendment 65 #
Draft opinion
Indent 2 – paragraph 7
Indent 2 – paragraph 7
7. Calls for a coordination of, in order to ensure a coherent approach by the iUnitiatives from the different EU institutions and is of the opinion that informal trilogues should be regularly organised in order to ensure a coherent EU approach and to establish a fully consensual working definition of hon and to avoid any form of arbitrariness, for the formulation of a fully consensual working definition of human rights, the rule of law and democracy, taking as a point of reference, in the first place, the Charter of Fundamental Rights of the European Union, and, where the Charter does not contain clauses which can directly yield the above definitions, in the second place the European Convention on Human Rights and Fundamental Freedoms and the recommendations of the United Nations Human rRights, the rule of law and democracy Council, as well as other international conventions agreed by all the Member States;
Amendment 70 #
Draft opinion
Indent 2 – paragraph 8 a (new)
Indent 2 – paragraph 8 a (new)
8a. Encourages Member States, bearing in mind also Resolution No 48/134 of the United Nations General Assembly of 20 December 1993, which also endorses the conclusions of the United Nations World Conference on human rights in Vienna of 1993, to set up, in accordance with domestic law, national bodies for the practical promotion, protection and monitoring of human rights, ensuring that their members are diverse and independent;
Amendment 71 #
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 fconstant monitoring of the situation with regard to fundamental rights and the principles of the rule of law in Member States by creating an annual assessment system per Member State, devised by the Commission and the Council, on the basis of information gathered by the European Union Fundamental rRights 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; Agency (FRA), the Council of Europe and its Venice Commission, as well as NGOs, also taking into account the case-law of the European Court of Human Rights and the Court of Justice of the European Union; considers that the findings from these assessments should be published, inter alia by compiling a ranking, so as to encourage naming and shaming and peer review; recommends furthermore that, after the assessment, the Commission should issue a formal warning when the indicators show that certain Member States are violating the rule of law or fundamental rights; considers that this formal warning should systematically be accompanied by the launching of an institutionalised dialogue involving - in addition to the Commission and the Member State concerned - the Council, the European Parliament and the parliament of the Member State concerned;