5 Amendments of Luke Ming FLANAGAN related to 2018/0136(COD)
Amendment 54 #
Proposal for a regulation
Recital 1
Recital 1
(1) TNotwithstanding that bad law has been and continues to be written, the rule of law is meant to be one of the essential values upon which the Union is founded. As recalled by Article 2 of the Treaty on European Union, these values are common to the Member States.
Amendment 59 #
Proposal for a regulation
Recital 2
Recital 2
(2) The rule of law requires that all public powers - including representatives of institutions such as the European Central Bank - act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts. It requires, in particular, that the principles of legality7 , of legal certainty8 , of the primacy of law over even international standards, of prohibition of arbitrariness of the executive powers9 , of separation of powers10 , and of effective judicial protection by independent courts11 are respected12 . _________________ 7 Judgment of the Court of Justice of 29 April 2004, CAS Succhi di Frutta, C- 496/99 PECLI:EU:C:2004:236, paragraph 63. 8 Judgment of the Court of Justice of 12 November 1981, Amministrazione delle finanze dello Stato v Srl Meridionale Industria Salumi and others Ditta Italo Orlandi & Figlio and Ditta Vincenzo Divella v Amministrazione delle finanze dello Stato. Joined cases 212 to 217/80, ECLI:EU:C:1981:270, paragraph 10. 9 Judgment of the Court of Justice of 21 September 1989, Hoechst, Joined cases 46/87 and 227/88, ECLI:EU:C:1989:337, paragraph 19. 10 Judgment of the Court of Justice of 10 November 2016, Kovalkovas, C-477/16, ECLI:EU:C:2016:861, paragraph 36; Judgment of the Court of Justice of 10 November 2016, PPU Poltorak, C-452/16, ECLI:EU:C:2016:858, paragraph 35; and Judgment of the Court of Justice of 22 December 2010, DEB,C-279/09, ECLI:EU:C:2010:811, paragraph 58. 11 Judgment of the Court of Justice of 27 February 2018, Associação Sindical dos Juízes Portugueses v Tribunal de Contas C- 64/16, ECLI:EU:C:2018:117, paragraphs 31, 40-41. 12 Communication from the Commission "A new EU Framework to strengthen the Rule of Law", COM(2014) 158 final, Annex I.
Amendment 65 #
Proposal for a regulation
Recital 3
Recital 3
(3) The rule of law is a prerequisite for the protection of the other fundamental values on which the Union is founded, such as freedom, democracy, equality and respect for human rights. Respect for the rule of law is intrinsically linked to respect for democracy and for fundamental rights: there can be no democracy and respect for fundamental rights without respect for the rule of law and vice versa. This applies particularly where a Member State has elected a sovereign government with a democratic mandate with which the senior officials of the various European Union institutions may not agree.
Amendment 68 #
Proposal for a regulation
Recital 4
Recital 4
(4) Whenever the Member States implement the Union’s budget, and whatever method of implementation they use, respect for the rule of law is an essential precondition to comply with the principles of sound financial management enshrined in Article 317 of the Treaty on the Functioning of the European Union. In this regard, and whether implementing their own or the Union's budget, Member States with a democratic mandate with which senior officials of the various European Union institutions do not agree should not be prevented by any of those institutions from carrying out that mandate.
Amendment 70 #
Proposal for a regulation
Recital 5
Recital 5
(5) Sound financial management can only be ensured by the Member States if public authorities act in accordance with the law, and if breaches thereof are effectively pursued by investigative and prosecution services, and if decisions of public authorities can be subject to effective judicial review by independent courts and by the Court of Justice of the European Union. This also extends to breaches of the law by the Union's own institutions, such as those which may have occurred in the ECB's dealings with Greece and the elected government led by Syriza.