Activities of Beatrix von STORCH related to 2015/2254(INL)
Plenary speeches (1)
EU mechanism on democracy, the rule of law and fundamental rights (A8-0283/2016 - Sophia in 't Veld) DE
Amendments (44)
Amendment 1 #
Motion for a resolution
Heading 1
Heading 1
Amendment 2 #
Motion for a resolution
Heading 1
Heading 1
Amendment 15 #
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(3 (2) TEU, Article 2954(3) TFEU and Protocol No 1 on the role of national parliaments in the European Union,
Amendment 33 #
Motion for a resolution
Citation 11
Citation 11
– having regard to the publications of the European Union Agency for Fundamental Rights (FRA), including the proposed European Fundamental Rights Information System (EFRIS) in the FRA paper 'Fundamental rights in the future of the European Union's Justice and Home Affairs', 31 December 20131 ,; __________________ 1 http://fra.europa.eu/sites/default/files/fra_s ubmission_on_the_future_of_eu_justice.pd f
Amendment 47 #
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to the statement by Commissioner for justice and fundamental rights, Vera Jourova, of 2 December 2015, on the situation in Hungary that "the Commission found that conditions to start a rule of law framework procedure are not fulfilled";
Amendment 53 #
Motion for a resolution
Citation 19
Citation 19
– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010, acknowledging that "Prime-minister Orbán is a formidable campaigner, who has won most of the astonishing election victories and therefore has a huge democratic mandate", recognizing that "the Hungarian government does not have concrete plans to take any steps to introduce the death penalty, and that Prime Minister Orbán has assured President Schulz that the Hungarian government will respect and honour all European treaties and legislation" and recalling that "In general the Commission considers that public consultation can be an important tool for governments and other public authorities to develop policies that can count on support of the population."
Amendment 59 #
Motion for a resolution
Citation 20
Citation 20
– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114, stating "that Poland is now more sovereign, more master of its own destiny than in the thousand years before"
Amendment 71 #
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
– having regard to its resolution of 4 September 2007 on institutional and legal implications of the use of "soft law" instruments (2007/2028(INI)), notably paragraph 15;
Amendment 84 #
Motion for a resolution
Recital B
Recital B
B. whereas, in accordance with Article 2, Article 3(1) and Article 7 TEU, the Union avails itself of the possibility to act in order to protect its "constitutional core", reflected by the common values it shares with its Member States;
Amendment 91 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Article 67 TEU states that the Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States;
Amendment 92 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas Art 4.2 TEU states that the Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State.;
Amendment 97 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas inter institutional agreements are binding only on those institutions which have signed them, and cannot contradict or amend the provisions of the founding Treaties of the EU;
Amendment 117 #
Motion for a resolution
Recital E
Recital E
E. whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a result of different political majoritiesshould be recognised on the basis of human dignity taking into account the particular ethos of each Member State's society;
Amendment 120 #
Motion for a resolution
Recital F
Recital F
F. whereas respect for cultural diversity and national traditions may not impede a uniform and high level of protection of democracy, rule of law and fundamental rights (DRF)the promotion of democracy, rule of law and fundamental rights (DRF) by the EU institutions must respect the cultural diversity and national traditions of the Member States according to Art. 4(2) TEU;
Amendment 143 #
Motion for a resolution
Recital I
Recital I
Amendment 147 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas it "Considers that inter institutional agreements can produce legal effects only on relationships between EU institutions and that they therefore do not constitute soft law defined in terms of a legal effect in relation to third parties" (i.e. individual Member States), as expressed in § 15 of its resolution of 4 September 2007 on institutional and legal implications of the use of "soft law" instruments (2007/2028(INI));
Amendment 151 #
Motion for a resolution
Recital J
Recital J
J. whereas the failure of a candidate country to meet the required standards results in a delay of accession to the Union, while thea proven failure of a Member State or an institution of the Union to meet those same standards has little consequence in practandards is monitored by an important number of already existing EU instruments: - the procedure following Art. 7 TEU, - the Cooperation and Verification Mechanism, - the EU Anti- Corruption Report, - the Justice Scoreboard, which is part of the European Semester for economic policy coordination, - the EU inter-institutional annual reporting on fundamental rights and the EU Charter of Fundamental Rights; - infringement proceedings, - judicial procedures of the Court of Justice;
Amendment 161 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the broader question is whether the EU-institutions, especially Parliament and Commission, are entitled to require Member States to perform an impact assessment on additional obligations while implementing EU law;
Amendment 163 #
Motion for a resolution
Recital K
Recital K
K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and whereas all Member States should therefore be assessed on a regular basis in order to verify their continued compliance with the Union's common values;
Amendment 177 #
Motion for a resolution
Recital L
Recital L
L. whereas there are few instruments to correct legislative and executive policy decisions by the institutions of the Union; it exist already an important number of EU instruments: - the procedure following Article 7 of the Treaty on the European Union, - the Cooperation and Verification Mechanism, - the EU Anti-Corruption Report, - the Justice Scoreboard, which is part of the European Semester for economic policy coordination, - the EU inter-institutional annual reporting on fundamental rights and the EU Charter of Fundamental Rights; - infringement proceedings, - judicial procedures of the Court of Justice;
Amendment 192 #
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 practhe Commission found each ticme they appear limited in scope, inadequate and ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countriesat conditions to start a rule of law framework procedure are not fulfilled;
Amendment 200 #
Motion for a resolution
Recital Q
Recital Q
Amendment 203 #
Motion for a resolution
Recital R
Recital R
Amendment 206 #
Motion for a resolution
Recital S
Recital S
Amendment 213 #
Motion for a resolution
Recital T
Recital T
Amendment 217 #
Motion for a resolution
Recital T
Recital T
T. whereas in situations where a Member State no longer guarantee respect for DRF, the Union asystemically breaches DRF, the Commission must first find that cond its Member States have a duty to protect the rights of thions to start a rule of law framework procedure aresidents of that Member St fulfilled in application of the Treatey;
Amendment 228 #
Motion for a resolution
Recital U
Recital U
Amendment 237 #
Motion for a resolution
Recital V
Recital V
Amendment 248 #
Motion for a resolution
Recital W
Recital W
Amendment 254 #
Motion for a resolution
Recital X
Recital X
X. whereas the establishment of an EU Pact for DRF is withoutproduces a concrete prejudice to the direct application of Article 7(1) and (2) TEU, as the EU Pact for DRF creates politically motivated parallel structures and procedures based on a simple inter-institutional agreement between Parliament and Commission against the Member States;
Amendment 258 #
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 273 #
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 275 #
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 UnionPoints out that the power to conclude interinstitutional agreements is based on the right of organisational self- determination of the EU institutions concerned; notes that they could be made binding on third parties, whether positively or negatively, only to the extent that the institutions involved had the power to make them binding on third parties on the basis of the right of organisational self-determination, within the framework of this purely internal and unilateral arrangement; notes further that interinstitutional agreements rationae materiae are addressed only to the institutions involved, and consequently they are binding exclusively on those institutions, and not on individual Member States;
Amendment 300 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Invites the European Ombudsman to issue, as part ofstick to its mannual report, specific recommenddate which is to investigate complaints about maladministrations to in the institutions of the Union in the field of DRFand bodies of the European Union ;
Amendment 307 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 314 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 333 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 352 #
Motion for a resolution
Paragraph 9 – indent 1
Paragraph 9 – indent 1
Amendment 360 #
Motion for a resolution
Paragraph 9 – indent 2
Paragraph 9 – indent 2
Amendment 371 #
Motion for a resolution
Paragraph 9 – indent 4
Paragraph 9 – indent 4
Amendment 378 #
Motion for a resolution
Paragraph 9 – indent 5
Paragraph 9 – indent 5
Amendment 392 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Confirms that the recommendations brespect fundamental rights andaches the principles of subsidiarity and proportionality;
Amendment 396 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that any financial implicthe creations of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, asat new mechanism weill as for citizens, the adoption and implementation of those proposals would lead to substantial cost and time savings, and will thus be beneficial both in economic and social termshave financial implications for the budget of the Union;
Amendment 401 #
Motion for a resolution
Paragraph 12
Paragraph 12