Activities of Marek JUREK related to 2018/0208(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Justice programme PDF (392 KB) DOC (175 KB)
Amendments (16)
Amendment 40 #
Proposal for a regulation
Recital 1
Recital 1
(1) According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well- being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’. These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’).
Amendment 43 #
Proposal for a regulation
Recital 2
Recital 2
(2) These rights and values must continue to be promoted and enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014-2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).
Amendment 56 #
Proposal for a regulation
Recital 5
Recital 5
(5) Financing, in line with the principles of transparency and efficiency, should remain one of the important tools for the successful implementation of the ambitious goals set by the Treaties. They should be attained inter alia by establishing a flexible and effective Justice Programme which should facilitate planning and implementation of those goals.
Amendment 66 #
Proposal for a regulation
Recital 8
Recital 8
(8) Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to implement and uphold the rule of law. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the correct and coherent application of law in the Union and mutual trust between justice professionals in cross- border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals of different Member States, comprise active learning and networking elements and be sustainable.
Amendment 71 #
Proposal for a regulation
Recital 11
Recital 11
(11) Measures under the Programme should support enhancedMember States in their efforts for improving cooperation and mechanisms for mutual recognition of judicial decisions and judgments and the necessary approximation of legislation, in line with the principles of subsidiarity, that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases and greater convergence in civil law that will help to eliminate obstacles to, where appropriate, that will further the good and efficient functioning of judicial and extra- judicial procedures in benefit of all parties involved in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.
Amendment 87 #
Proposal for a regulation
Recital 16
Recital 16
(16) Actions covered by this Regulation should contribute to the creation of a European area ofpromoting fair, efficient and cooperative justice, increasmproving cross-border cooperation and networking andmechanisms, as well as 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 of 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 bringscontribute to economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platAdditionally, the Programme may provide for a forum for mutual learning and the sharing of best practices.
Amendment 98 #
Proposal for a regulation
Recital 23
Recital 23
(23) Third countries which are mMembers of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti- Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.
Amendment 116 #
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;
Amendment 121 #
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.
Amendment 129 #
Proposal for a regulation
Article 5 – title
Article 5 – title
5 Third cCountries associated to the Programme
Amendment 131 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The Programme shall be open to the following thirdypes of countries:
Amendment 133 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 134 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 150 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Where a third countryny country as set out in Article 5, participates in the programme by a decision under an international binding agreement or by virtue of any other legal instrument, the thirdat country shall grant the necessary rights and access required for the authorizing officer responsible, the European Anti-Fraud Office (OLAF), the European Court of Auditors to comprehensively exert their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the- spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office (OLAF).
Amendment 151 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding through the use earmarking indicators (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
Amendment 153 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. If necessary,n some cases, it may be assessed by the relevant authorities, whether appropriations may be entered in the budget beyond 2027 to cover the expenses provided for in Article 4(2), to enable the management of actions not completed by 31 December 2027.