21 Amendments of Caterina CHINNICI related to 2018/0208(COD)
Amendment 30 #
Proposal for a regulation
Recital 7
Recital 7
(7) Respect for the rule of law is essential for a high level of mutual trust in the area of justice and home affairsfreedom, security and justice, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.
Amendment 34 #
Proposal for a regulation
Recital 12
Recital 12
(12) Pursuant to Article 3(3) of the TEU, Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, and should mainstream the promotion of the rights of the child in the implementation of all of its actions. To this purpose, particular attention should be paid to actions aimed at the protection of children´s rights in the context of criminal and civil justice, including the protection of children accompanying parents in detention and children of imprisoned parents. Appropriate support should also be considered in favour of training activities aimed at the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.
Amendment 39 #
Proposal for a regulation
Recital 16
Recital 16
(16) Actions covered by this Regulation should contribute to the creation of a European area of justice, increasing cross- border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation ofmote interoperable digital solutions underpinning seamless and efficient cross- border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.
Amendment 52 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. An action that has received a contribution under the Programme may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs and the objectives of the financed actions are complementary. [The cumulative financing shall not exceed the total eligible costs of the action and the support from different Union programmes may be calculated on a pro-rata basis].
Amendment 57 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) As recalled by the Court of Justice of the European Union in its case law1a, judicial independence forms part of the essence of the fundamental right to a fair trial and represents the basis for mutual trust and mutual recognition. _________________ 1a CJEU, Grand Chamber, 27 February 2018, C-64/16, Asociação Sindical dos Juízes Portugueses, ECLI:EU:C:2018:117; CJEU, Grand Chamber, 25 July 2018, C-216/18 PPU, L.M., ECLI:EU:C:2018:586.
Amendment 60 #
Proposal for a regulation
Recital 7
Recital 7
(7) Respect for the rule of law is essential for a high level of mutual trust in the area of justice and home affairsfreedom, security and justice, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.
Amendment 76 #
Proposal for a regulation
Recital 12
Recital 12
(12) Pursuant to Article 3(3) of the TEU, Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, and should mainstream the promotion of the rights of the child in the implementation of all of its actions. To this purpose, particular attention should be paid to actions aimed at the protection of the rights of children in the context of civil and criminal justice, including the protection of children accompanying parents in detention and children of imprisoned parents. Appropriate support should also be considered in favour of training activities aimed at the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused person in criminal proceedings.
Amendment 80 #
Proposal for a regulation
Recital 14
Recital 14
(14) Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives. Support should be given, in particular, to activities which facilitate effective and equal access to justice for persons at risk, namely women, children, persons with disabilities, LGBTI people and migrants, irrespective of their residence status.
Amendment 84 #
Proposal for a regulation
Recital 15
Recital 15
(15) Pursuant to Articles 8 and 10 TFEU, the Programme should also support the mainstreaming of gender equality between women and men and non-discrimination objectives in all its activities.
Amendment 88 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) As highlighted by the European Parliament's Report on the European Commission's 2017 Justice Scoreboard, there are still significant gender balance disparities among the Member States' judiciary and judicial staff, particularly (but not exclusively) in relation to the following aspects: proportion of female judges in higher levels of the judiciary, transparency in appointments, reconciliation between work and non- work responsibilities and the existence of mentoring practices. The Programme should therefore support training activities seeking to address those disparities. These activities may, for instance, be tailored for female professionals within Member States' judiciary and judicial staff or, where adequate, target both female and male professionals, in an effort to raise awareness among all relevant staff.
Amendment 103 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as lawyers, legal experts working for civil society organisations, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers.
Amendment 108 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Programme has the general objective of contributing to the further development of a European area of freedom, security and justice based on the rule of law, democracy and fundamental rights, on mutual recognition and mutual trust;
Amendment 115 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) to support and promote judicial training, with a view to fostering a common legal, judicial and rule of law culture, as well as the consistent and effective implementation of the EU legal instruments on mutual recognition and procedural safeguards;
Amendment 117 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to facilitate effective access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings, including children who are suspects or accused in criminal proceedings.
Amendment 143 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out in Annex II. The data collected for monitoring and reporting shall, where applicable, be disaggregated by gender, age and staff category.
Amendment 146 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States. The Commission shall make available user-friendly formats and provide orientation and support, in particular to applicants and beneficiaries who may not have the adequate resources and staff to meet reporting requirements.
Amendment 160 #
Proposal for a regulation
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
3. analytical and monitoring activities25 to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States, including research on how to eliminate obstacles to an equal and effective access to justice for all; _________________ 25 These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.
Amendment 161 #
Proposal for a regulation
Annex I – paragraph 1 – point 3 a (new)
Annex I – paragraph 1 – point 3 a (new)
3 a. addressing gender balance disparities among the Member States' judiciary and judicial staff through training either tailored to female professionals (focusing, for instance, on aspects such as reconciliation between work and non-work responsibilities or mentoring practices) or targeting both female and male professionals (raising awareness on issues like the low proportion of female judges in higher levels of the judiciary or the need for transparency and objective criteria during appointment procedures).
Amendment 164 #
Proposal for a regulation
Annex I – paragraph 1 – point 4 a (new)
Annex I – paragraph 1 – point 4 a (new)
4 a. multidisciplinary training of judicial staff and other relevant stakeholders in the field of juvenile justice, in order to prepare and promote the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused person in criminal proceedings.
Amendment 165 #
Proposal for a regulation
Annex I – paragraph 1 – point 4 b (new)
Annex I – paragraph 1 – point 4 b (new)
4 b. multidisciplinary training of judicial staff and other relevant stakeholders in the field of penitentiary law, detention and prison management, in order to facilitate the dissemination of best practices and ensure secure and appropriate detention conditions.
Amendment 167 #
Proposal for a regulation
Annex I – paragraph 1 a (new)
Annex I – paragraph 1 a (new)
capacity building and training of legal experts working for civil society organisations, that seek to promote effective access to justice for all and support of victims of crime, in particular persons at risk; fostering cooperation between these organisations and relevant national authorities.