16 Amendments of Caterina CHINNICI related to 2021/2025(INI)
Amendment 2 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Underlines that the Union's financial interests shall be protected in accordance with the general principles embedded in the Union Treaties, in particular the values in the Article 2 TEU, and with the principle of sound financial management enshrined in the Article 317 of the TFEU;
Amendment 8 #
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that the rRule of lLaw is an essential precondition for compliance with the principle of sound financial management and for the protection of the Union’s financial interests, which can only be ensured if public authorities act in accordance with the law, if cases of fraud, corruption, conflicts of interest or other breaches of the law are pursued effectively by investigative and prosecution services, if national courts are independent, and if the decisions of the Court of Justice of the European Union are respected, and if the public scrutiny is maintained by free, independent and pluralistic media;
Amendment 15 #
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of the Commission’s first Rule of Law Report as a basis on which to build the new cycle of the rule of law mechanismthe reflection of the European Rule of Law Mechanism, which is designed as a yearly cycle of dialogue and assessment in order to promote this principle and to prevent problems from emerging or deepening in the Member States; welcomes the inclusion among its pillars of the justice system, the anti-corruption framework, and other institutional checks and balances, as these are particularly relevant for monitoring the protection of the EU budget;
Amendment 19 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses, in line with the Report, that effective justice systems which are independent and efficient are essential for upholding the rule of law; highlights, in particular, the needguaranteeing effective judicial protection anda fair trial in compliance with all rights, both substantive and procedural, deriving from Union law and for upholding the rule of law; highlights, in particular, that in order to achieve effective justice in civil, criminal, commercial and administrative cases for citizens and businesses it is necessary for the judiciary to be able to exercise its functions with full autonomy, without intervention from any other institution or body, in accordance with the principle of separation of powers;
Amendment 23 #
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to provide information in its future reports about the way Member States respect the rRule of lLaw and effectively protect the Union’s financial interests, for both EU budget revenue and expenditure, and to highlights well as to put emphasis on cases where breaches of the principles of the Rule of Law in a particular Member State could affect or seriously risks to the Union budget; in affecting the Union's financial interests in a sufficiently direct way; emphasistes that the reports should provide specific assessments and recommendations to the Member States in order to strengthen their preventive role;
Amendment 28 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the Commission shall take into account relevant information from pertinent sources and recognised institutions as relevant, with an emphasis on the European Court of Auditors, the EU Justice Scoreboard, the European Anti-Fraud Office, and the European Public Prosecutor's Office;
Amendment 29 #
Draft opinion
Paragraph 4
Paragraph 4
4. Is deeply preoccupied by the fact that judicial independence continues to be a subject of serious concern in some Member States; expresses its regret that Hungary and Poland lodged an action for annulment of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget in March 2021, which aims to address breaches of the rule of law with an impact on the Union’s financial interests; recalls that Regulation (EU, Euratom) 2020/2092 entered into force on the 1st of January2021 and is not subject to the adoption of guidelines or judicial interpretation;
Amendment 31 #
4. Calls on the Commission to assess not only the existence but also the effectiveness of the national anti- corruption strategies, and to use that knowledge to update and enhance the Union’s anti-corruption framework; underlines that anti-corruption frameworks shall cover areas such as, inter alia, ethical rules, awareness-raising measures, rules on asset disclosures, incompatibilities and conflicts of interest, public procurement, internal control mechanisms, rules on lobbying, and revolving doors; highlights likewise that national strategies shall incorporate tools to prevent, detect risk, halt and sanction cases of corruption and fraud, as well as mechanisms to recover the profit from those cases;
Amendment 38 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that, in order to improve the quality, efficiency, and independence of the judicial systems of Member States, the report should also address the persistent gender and cultural gaps in Member States' judicial systems, in particular in the fulfilment of senior positions;
Amendment 38 #
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that transparency, access to public information, the protection of whistleblowers and an overall culture of integrity in public life are key factors that indispensable corruption to beto identifiedy and to prevented; underlines the importance of harmonising definitions and methodologies to obtain comparative data across the EU corruption;
Amendment 39 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that significant differences remain between Member States in the level of participation in training dedicated to the legal professions, and that such training is essential for the correct implementation and application of Union law; believes that the Rule of Law Report should include an analysis of national strategies for European judicial training to assess whether it is sufficiently geared to strengthen the common European legal culture based on the principles of mutual trust and the rule of law;
Amendment 40 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Warns that the lack of uniform, up to date and consolidated statistics across all Member States hinder the assessment and comparison of data about the investigation and prosecution of corruption offences; calls, therefore, on the Commission to support and to promote the Union-wide harmonisation of definitions of such offences, as well as a better use of the existing data sets and the methodology to develop new ones in order to obtain comparative data across the EU on the treatment of corruption cases;
Amendment 44 #
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the importance of supporting and strengthening cooperation between the EU institutions, the Member States and, in particular, the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) in the fight against corruption; calls on the Commission to propose the provision of adequate budget, resources and or any kind of support necessary for the aforementioned institutions and bodies;
Amendment 48 #
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates that Regulation (EU, Euratom)Believes that the situation as regards the respect of the principles of the Rule of Law in some Member States is extremely worrying and seriously risks affecting the sound financial management of the Union budget; reiterates that the general regime of conditionality as defined in the Regulation 2020/2092 has beenis in force since 1 January 2021 and is not subjected to the adoption of any guidelines or judicial interpretation.; calls on the Commission for an immediate action under the aforementioned Regulation, using the existing investigation tools, without any further delay; insists in the role and competences of the Parliament, in particular the right to be duly informed by the Commission, in the procedures of the Rule of Law instruments;
Amendment 64 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses how the measures taken following the COVID-19 pandemic in several Member States have given a further impetus to the use of ICT tools aimed at facilitating the communication of the courts with the parties and lawyers, thereby increasing transparency and allowing online access to judicial decisions; however, calls on the Commission to assess the impact of the digitalisation of justice on the most vulnerable citizens, i.e. those who do not have the means or do not have the necessary skills to access a digital justice system, in particular people at risk of poverty, the elderly, people with physical or mental disabilities and marginalized groups;
Amendment 68 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Stresses that in order to tackle the COVID-19 pandemic, all Member States have had to impose certain restrictions on fundamental freedoms, such as the freedom of movement, the freedom of assembly or the freedom to conduct a business; recalls that in order to ensure an effective balance of powers that protects and respects the rule of law, it is crucial to ensure that such restrictions of rights are necessary, proportionate, limited in time and subject to supervision by national parliaments and courts;