Activities of Josep-Maria TERRICABRAS related to 2015/2254(INL)
Shadow opinions (1)
OPINION on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights
Amendments (12)
Amendment 2 #
Draft opinion
Indent 1 – paragraph 1
Indent 1 – paragraph 1
1. ExpStresses the view that the Member States of the European Union should 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-handedlyat the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; points out that, since the adoption of the Treaty of Lisbon, the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the EU; notes the obligation laid down in the Treaties to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR); underlines the fact that the Treaties recognise that fundamental rights, as guaranteed by the ECHR and as they result from the constitutional traditions common to the Member States, constitute general principles of the Union's law;
Amendment 11 #
Draft opinion
Indent 1 – paragraph 1 a (new)
Indent 1 – paragraph 1 a (new)
1a. Believes that the conclusions and opinions of the European Union Agency for Fundamental Rights as well as the case law of the Court of Justice of the European Union constitute a good basis for the interpretation of Article 2 TFEU and the scope of the rights enshrined in the Charter of Fundamental Rights;
Amendment 18 #
Draft opinion
Indent 1 – paragraph 2
Indent 1 – paragraph 2
2. Considers that the procedure under Article 7 TEU is virtually unusable because of the difficulty to reach a decision with such high thresholds for voting and in a body where political considerations play a prominent role; 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; expresses the difficulty to launch the infringement proceedings when there is no link with secondary EU law;
Amendment 26 #
Draft opinion
Indent 1 – paragraph 3
Indent 1 – paragraph 3
3. Takes note of 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 a common ground as between these different rule of law mechanismsEU binding mechanism based on proper expertise and independence to respond to breaches of the rule of law and fundamental rights at Member State level; __________________ 1 Communication of the Commission of 11 March 2014 on "A new EU Framework to strengthen the Rule of Law" (COM(2014)0158).
Amendment 34 #
Draft opinion
Indent 1 – paragraph 4
Indent 1 – paragraph 4
4. Considers it important to work towards a new consensuspromote a continuous dialogue 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 legalitybringing positions closer in areas linked to fundamental rights that go beyond the scope of the Copenhagen criteria and the Charter of Fundamental Rights and where a consensus has not yet been reached by the Member States;
Amendment 43 #
Draft opinion
Indent 1 – paragraph 5
Indent 1 – paragraph 5
5. Emphasises the key role that the European Parliament and the national parliamentsan independent and expert body should play in measuring the progress of, and monitoring the compliance with, the shared values of the Union, as enshrined in Article 2 TEU; notes the key role of the European Parliament and the national parliaments in maintaining the necessary continuous debate to adapt the common EU consensus on democracy, rule of law and fundamental rights to the changes of our society;
Amendment 48 #
Draft opinion
Indent 2 – paragraph 6
Indent 2 – paragraph 6
6. Recommends the establishment on an EU mechanism for Democracy, the Rule of Law and Fundamental Rights which would include all relevant stakeholders; considers that this would, however, require a Treaty changeUrges the Commission, without prejudice to existing mechanisms already applicable in the event of serious and persistent infringements, to propose a Regulation for the establishment on an EU mechanism for Democracy, the Rule of Law and Fundamental Rights which establishes appropriate binding and corrective mechanisms in order to fill existing gaps and to allow for an automatic and gradual response to breaches of the rule of law and fundamental rights at Member State level;
Amendment 57 #
Draft opinion
Indent 2 – paragraph 6 a (new)
Indent 2 – paragraph 6 a (new)
6a. Proposes to widen the mandate of the Fundamental Rights Agency to include the monitoring of fundamental rights and the rule of law in all Member States, both within and beyond the application of EU law;
Amendment 59 #
Draft opinion
Indent 2 – paragraph 6 b (new)
Indent 2 – paragraph 6 b (new)
6b. Calls on the establishment of an independent Copenhagen Commission that, in light of the assessment of the Fundamental Rights Agency, puts forward recommendations to enforce fundamental rights and the rule of law;
Amendment 62 #
Draft opinion
Indent 2 – paragraph 6 c (new)
Indent 2 – paragraph 6 c (new)
6c. Proposes to enable the Commission, on the basis of the findings of the reports drafted by the Fundamental Rights Agency and the recommendations of the Copenhagen Commission, to initiate infringement procedures under Article 2 TEU, and, if necessary, the procedure under Article 7 TEU;
Amendment 69 #
Draft opinion
Indent 2 – paragraph 8
Indent 2 – paragraph 8
8. Recommends the conclusion of a pact between all EU institutions and national parliaments in order to establish an annual 'fundamental rights policy cycle' as part of a multi-annual structured dialogue among all stakeholders with the aim of adapting the existing EU consensus on democracy, rule of law and fundamental rights to the changes of our society;
Amendment 81 #
Draft opinion
Indent 2 – paragraph 10 a (new)
Indent 2 – paragraph 10 a (new)
10a. Calls on the Commission and the Council to address the concerns raised by the Court of Justice in its Opinion 2/13 as quickly as possible in order to comply with the obligation enshrined in Article 6 TEU to accede to the ECHR;