BETA

51 Amendments of Annika BRUNA related to 2023/2113(INI)

Amendment 1 #
Motion for a resolution
Citation 6
– having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (the Rule of Law Conditionality Regulation)1, __________________ 1 OJ L 433 I, 22.12.2020, p. 1.deleted
2023/11/22
Committee: LIBE
Amendment 4 #
Motion for a resolution
Citation 11
– having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Social Charter, the case-law of the European Court of Human Rights and the European Committee of Social Rights, and the conventions, recommendations, resolutions, opinions and reports of the Parliamentary Assembly, the Committee of Ministers, the Human Rights Commissioner, the European Commission Against Racism and Intolerance, the Steering Committee on Anti-Discrimination, Diversity and Inclusion, the Venice Commission and other bodies of the Council of Europe,deleted
2023/11/22
Committee: LIBE
Amendment 5 #
Motion for a resolution
Citation 12
– having regard to the Memorandum of Understanding between the Council of Europe and the European Union of 23 May 2007 and the Council conclusions of 8 July 2020 on EU priorities for cooperation with the Council of Europe 2020-2022,deleted
2023/11/22
Committee: LIBE
Amendment 7 #
Motion for a resolution
Citation 13
– having regard to the Commission’s reasoned proposal of 20 December 2017 for a Council decision on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law (COM(2017)0835), issued in accordance with Article 7(1) TEU,deleted
2023/11/22
Committee: LIBE
Amendment 9 #
Motion for a resolution
Citation 14
– having regard to the reports of the European Union Agency for Fundamental Rights (FRA) of 19 July 2022 entitled ‘Europe’s civil society: still under pressure’, of 8 June 2022 entitled ‘Fundamental Rights Report 2022’, of 19 August 2022 entitled ‘Protecting civic space in the EU’ and of 3 November 2022 entitled ‘Antisemitism – Overview of antisemitic incidents recorded in the European Union 2011- 2021’, and its other reports, data and tools, in particular the European Union Fundamental Rights Information System (EFRIS),deleted
2023/11/22
Committee: LIBE
Amendment 10 #
Motion for a resolution
Citation 15
– having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights3 , __________________ 3 OJ C 215, 19.6.2018, p. 162.deleted
2023/11/22
Committee: LIBE
Amendment 12 #
Motion for a resolution
Citation 16
– having regard to its resolution of 1 March 2018 on the Commission’s decision to activate Article 7(1) TEU as regards the situation in Poland4 , __________________ 4 OJ C 129, 5.4.2019, p. 13.deleted
2023/11/22
Committee: LIBE
Amendment 14 #
Motion for a resolution
Citation 17
– having regard to its resolution of 19 April 2018 on the need to establish a European Values Instrument to support civil society organisations which promote fundamental values within the European Union at local and national level5 , __________________ 5 OJ C 390, 18.11.2019, p. 117.deleted
2023/11/22
Committee: LIBE
Amendment 15 #
Motion for a resolution
Citation 18
– having regard to its resolution of 12 September 2018 on a proposal calling on the Council to determine, pursuant to Article 7(1) TEU, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded6 , __________________ 6 OJ C 433, 23.12.2019, p. 66.deleted
2023/11/22
Committee: LIBE
Amendment 16 #
Motion for a resolution
Citation 19
– having regard to its resolution of 14 November 2018 on the need for a comprehensive EU mechanism for the protection of democracy, the rule of law and fundamental rights7, __________________ 7 OJ C 363, 28.10.2020, p. 45.deleted
2023/11/22
Committee: LIBE
Amendment 17 #
Motion for a resolution
Citation 20
– having regard to its resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights8 , __________________ 8 OJ C 395, 29.9.2021, p. 2.deleted
2023/11/22
Committee: LIBE
Amendment 19 #
Motion for a resolution
Citation 22
– having regard to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/209210 , __________________ 10 OJ C 67, 8.2.2022, p. 86.deleted
2023/11/22
Committee: LIBE
Amendment 20 #
Motion for a resolution
Citation 23
– having regard to its resolution of 24 June 2021 on the Commission’s 2020 Rule of Law Report11 , __________________ 11 OJ C 81, 18.2.2022, p. 27.deleted
2023/11/22
Committee: LIBE
Amendment 21 #
Motion for a resolution
Citation 24
– having regard to its resolution of 8 July 2021 on the creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget12 , __________________ 12 OJ C 99, 1.3.2022, p. 146.deleted
2023/11/22
Committee: LIBE
Amendment 23 #
Motion for a resolution
Citation 28
– having regard to its resolution of 10 March 2022 on the rule of law and the consequences of the ECJ ruling16 , __________________ 16 OJ C 347, 9.9.2022, p. 168.deleted
2023/11/22
Committee: LIBE
Amendment 25 #
Motion for a resolution
Citation 29
– having regard to its resolution of 19 May 2022 on the Commission’s 2021 Rule of Law Report17 , __________________ 17 OJ C 479, 16.12.2022, p. 18.deleted
2023/11/22
Committee: LIBE
Amendment 26 #
Motion for a resolution
Citation 30
– having regard to its resolution of 9 June 2022 on the rule of law and the potential approval of the Polish national recovery plan (RRF)18 , __________________ 18 OJ C 493, 27.12.2022, p. 108.deleted
2023/11/22
Committee: LIBE
Amendment 27 #
Motion for a resolution
Citation 31
– having regard to its resolution of 15 September 2022 on the proposal for a Council decision determining, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded19 , __________________ 19 Texts adopted, P9_TA(2022)0324.deleted
2023/11/22
Committee: LIBE
Amendment 28 #
Motion for a resolution
Citation 32
– having regard to its resolution of 15 September 2022 on the situation of fundamental rights in the European Union in 2020 and 202120 , __________________ 20 Texts adopted, P9_TA(2022)0325.deleted
2023/11/22
Committee: LIBE
Amendment 30 #
Motion for a resolution
Citation 35
– having regard to its resolution of 10 November 2022 on racial justice, non- discrimination and anti-racism in the EU23 , __________________ 23 Texts adopted, P9_TA(2022)0389.deleted
2023/11/22
Committee: LIBE
Amendment 31 #
Motion for a resolution
Citation 36
– having regard to its resolution of 24 November 2022 on the assessment of Hungary’s compliance with the rule of law conditions under the Conditionality Regulation and state of play of the Hungarian RRP24 , __________________ 24 Texts adopted, P9_TA(2022)0422.deleted
2023/11/22
Committee: LIBE
Amendment 53 #
Motion for a resolution
Paragraph 1
1. Reiterates that an independent and impartial judiciary is the backbone of the rule of law, as it is a precondition for an effective remedy when rights and freedoms are withheld or violated; underlines that an independent, impartial and effective judiciary is vital for the implementation of EU law, given that the Commission relies on the national judicial authorities to enforce EU law; expresses its concern that this ‘presumption of compliance’ becomes the ‘pretence of compliance’ when the Commission ignores national judicial authorities’ shortcomings; notes with concern that while some judicial systems may be robust on paper, in some cases they are not immune to state capture, partiality, political interference or nepotism; is aware of the fact that this is difficult to detect by simply assessing the formal structures; therefore urges the Commission to conduct a more qualitative analysis, including contextual elements;
2023/11/22
Committee: LIBE
Amendment 60 #
Motion for a resolution
Paragraph 2
2. Notes that the Commission finds wide disparities between EU Member States in terms of judicial independence and safeguards; notes that the report mentions a number of positive initiatives and ongoing developments concerning the Councils of the Judiciary, notably in Luxembourg, the Netherlands, Portugal, Italy, Sweden, Finland and Hungary; highlights, however, that an independent assessment shows that of the four ‘super milestones’ related to the independence of the judiciary in Hungary only one can be considered fully implemented28; notes that the Commission finds thatnotes that while the Commission expresses concerns onabout the Councils for the Judiciary still have to be addressed in Poland, Slovakia, Bulgaria, Spain and Cyprus; notes with concern that disciplinary proceedings may be used as a means to curtail jud, it does not, however, criticise the lack of effective mechanisms for sanctioning unlawful and unethicial independence, as is the case in Poland and Bulgaria; notes that the Commission has finally brought Poland before the Court of Justice of the European Union (CJEU) for infringements of EU law by its Constitutional Tribunalconduct of judges in a number of Member States, this role being entrusted to bodies which all too often show themselves to be complacent; notes with concern that a number of Member States do not have effective disciplinary proceedings in place to sanction unlawful and unethical conduct of judges; __________________ 28 Hungarian Helsinki Committee, Updated summary assessment on Hungary’s compliance with the four super milestones aimed at restoring the independence of the judiciary, 9 October 2023.
2023/11/22
Committee: LIBE
Amendment 68 #
Motion for a resolution
Paragraph 3
3. Notes that the Commission finds that whereas certain Member States, including Finland, Austria, Slovenia, Cyprus, Sweden and Hungary, have taken or announced initiatives to improve judicial appointment processes and high courts’ functioning, challenges persist in appointing high-level judges in Malta, Greece, Lithuania, Latvia, and Ireland; highlights that serious concerns persist in Poland regarding previously appointed Supreme Court judges, including its First President, and regarding the continuous non-implementation of a CJEU preliminary ruling on a judicial appointment to the Chamber of Extraordinary Control; notes that the Commission finds that in Slovakia the crime of abuse of law introduced for judges as regards their judicial decisions continues to raise concerns, as it has a negative psychological impact on judges and is burdensome for the investigatory authorities;
2023/11/22
Committee: LIBE
Amendment 95 #
Motion for a resolution
Paragraph 8
8. Considers that membership of the European Public Prosecutor’s Office (EPPO) should be a pre-condition for receiving EU funds; reiterates its call for an expansion of the mandate of EPPO;deleted
2023/11/22
Committee: LIBE
Amendment 103 #
Motion for a resolution
Paragraph 9
9. Notes that corruption may involve national authorities, including judicial and police authorities, who are the very authorities who are supposed to be combating it; considers that EU bodies, such as Europol, could play an important role in investigating corruption and securing evidence, but that the requirement for national approval of Europol involvement is anprovided that national approval is obstacle; calls for the reinforcement of the Europol mandate to enable it to investigate corruption cases of the kind described aboveined;
2023/11/22
Committee: LIBE
Amendment 108 #
Motion for a resolution
Paragraph 10
10. Highlights that checks and balances can only function when ombudspersons, national human rights institutions, audit offices, equality bodies and all other independent authorities are able to function and have sufficiently broad mandates, independence, and adequate funding;deleted
2023/11/22
Committee: LIBE
Amendment 112 #
Motion for a resolution
Paragraph 11
11. Notes that the Commission finds the situation varies greatly among the Member States, with some developments in the right direction in Cyprus, Slovakia, Luxembourg, Portugal, Slovenia and Poland, with challenges remaining in Lithuania, Hungary and Croatia, with still no national human rights institution established at all in Italy, Czechia, Malta and Romaniaothers, with delays in appointments in various independent authorities in Bulgaria, Spain and Austria, and with Poland putting the effective functioning of the Supreme Audit Office at risk; notes with great concern the recent developments in Greece, where independent authorities such as the Hellenic Authority for Communication Security and Privacy (ADAE) and the Greek Data Protection Authority have been under increasing pressure due to their work concerning the illegitimate use of spyware, with the ADAE’s Board Members hurriedly recently by the Greek Parliament, apparently because of ADAE’s imminent decision to impose a fine on the Greek intelligence agency;
2023/11/22
Committee: LIBE
Amendment 123 #
Motion for a resolution
Paragraph 13
13. Underlines the importance of transparency of media ownership; notes that the Commission finds that since the 2022 Rule of Law report new legislation increasing the transparency of media ownership or improving public availability of media ownership information has been adopted in Greece, Luxembourg, Sweden and that such legislation has been strengthened in Cyprus, while in Bulgaria, Czechia and France change remains pending; notes as well that the Commission finds that media regulators are sometimes protected by insufficient safeguards against undue political influence and that the authorities lack resources, particularly in Hungary, Slovenia, Poland, Greece and Romania;
2023/11/22
Committee: LIBE
Amendment 132 #
Motion for a resolution
Paragraph 14
14. Stresses the importance of the editorial independence and neutrality of public service media and the duty of all Member States to respect this;
2023/11/22
Committee: LIBE
Amendment 136 #
Motion for a resolution
Paragraph 15
15. Calls on the Council and the Commission to provide adequate funding for independent and European-wide quality journalism at national, regional and local levels;deleted
2023/11/22
Committee: LIBE
Amendment 169 #
Motion for a resolution
Paragraph 24
24. Acknowledges the crucial role civil society and a healthy civic space play in upholding and protecting the rule of law, and reiterates its call for a separate chapter to be dedicated to the condition of civil society in Member States; notes that the Commission finds that Malta, Ireland, Bulgaria, Lithuania and Germany have announced or initiated efforts to improve the framework for civil society, and finds that civil society faces particular challenges in Cyprus, Greece, Spain, Italy and France, and continued serious systemic restrictions in Hungary and Poland; calls on all Member States to accept civil society organisations (CSOs) which are transparent about their funding as important stakeholders in democratic life and to create an enabling environment for civil society;
2023/11/22
Committee: LIBE
Amendment 182 #
Motion for a resolution
Paragraph 26
26. Notes that democratic and rule of law backsliding and the undermining of minority rights often go hand in hand, once more underlining the need for a comprehensive approach to monitoring democracy, rule of law and fundamental rights (DRF) in the future reports; regrets the lack of progress on protecting minorities across the EU; condemns hate speech, including by government or political officials, against minority groups;deleted
2023/11/22
Committee: LIBE
Amendment 189 #
Motion for a resolution
Paragraph 27
27. Calls on the EU Member States to make the protection of LGBTIQ+ rights a real and cross-cutting priority across all policy fields; calls on the Commission to use all means available to ensure that LGBTIQ rights are respected throughout the EU, including the use of infringement procedures against Member States; calls on Member States to take into account the Council of Europe’s Steering Committee on Anti-Discrimination, Diversity and Inclusion’s 12 recommendations to combat hate crimes against LGBTIQ+ people as well as the recommendations of the European Commission against Racism and Intolerance32 ; notes the recent Romanian draft law, aiming to comply with the CJEU’s 2018 Coman ruling33, as well as the criticism that the draft law implements that ruling only very narrowly and that it does not guarantee equal rights for same-sex couples34 ; __________________ 32 Council of Europe, Steering Committee on Anti-Discrimination, Diversity and Inclusion, Thematic review of the implementation of Recommendation CM/Rec(2010)5, 14 September 2023; Council of Europe, European Commission against Racism and Intolerance, ECRI General Policy Recommendation No. 17 on preventing and combating intolerance and discrimination against LGBTI persons, 28 September 2023. 33 Judgment of the Court of Justice of 5 June 2018, Reference for a preliminary ruling under Article 267 TFEU from the Curtea Constituțională (Constitutional Court, Romania), ECLI:EU:C:2018:385. 34 Euractiv, Romanian LGBTQ+ community wants equal rights, not special conditions, 22 September 2023.deleted
2023/11/22
Committee: LIBE
Amendment 194 #
Motion for a resolution
Paragraph 28
28. Reaffirms that women’s rights are human rights and that nothing can justify a regression in women’s rights and autonomy; condemns in particular the attack on the sexual and reproductive health and rights of women and girls taking place in several Member States; believes that the right to safe and legal abortion should be anchored in the Charter of Fundamental Rights;
2023/11/22
Committee: LIBE
Amendment 204 #
Motion for a resolution
Paragraph 29
29. Calls on the Commission to include a specific new pillar on the protection of minorities in the next report, mapping all forms of xenophobia, racism, antisemitism, islamophobia, anti- gypsyism, and LGBTIQ-phobia across all Member States;deleted
2023/11/22
Committee: LIBE
Amendment 206 #
Motion for a resolution
Paragraph 30
30. Expresses its disappointment at the Commission’s slowness to address non- compliance with fundamental rights laws and case law by Member States; rejects the Commission’s interpretation that the refusal of national authorities to comply with Court of Justice of the European Union (CJEU) and European Court of Human Rights (ECHR) rulings in fundamental rights cases are to be considered ‘individual cases’ and not to be addressed by infringement procedures; urges the Commission, as the guardian of the Treaties, to meet its responsibility for the enforcement of EU human rights law, and not to rely on ‘private enforcement’;deleted
2023/11/22
Committee: LIBE
Amendment 208 #
Motion for a resolution
Paragraph 31
31. Expresses its deep concern, in light of the above, that democracy, the rule of law and fundamental rights across the EU are being eroded; highlights that whereas the state of affairs presented by the Commission’s rule of law report reveals many worrying developments, the situation looks even more concerning when taking other independent reports and sources are taken into account; underlines that even if some Member States are exemplary in protecting and promoting democracy, the rule of law and fundamental rights, in an interdependent, open European Union, the erosion of those values in other Member States compromises and undermines the EU institutions and the situation in the EU as a whole;deleted
2023/11/22
Committee: LIBE
Amendment 219 #
Motion for a resolution
Paragraph 32
32. Notes that the proper enforcement of all EU law is the very precondition for a union based on the rule of law; condemns the sometimes open and unashamed non-compliance of several Member States with EU law in various fields, such as asylum, implementation of sanctions, and human rights law; underlines that this risks making the EU a lawless zone, where some Member States feel more equal than others and citizens’ EU rights and freedoms are not evenly protected;deleted
2023/11/22
Committee: LIBE
Amendment 224 #
Motion for a resolution
Paragraph 33
33. Reminds the Commission that it is first and foremost the guardian of the Treaties; underlines that issuing a report is not enough to reinforce our union based on the rule of law but that the report should lead to concrete enforcement action, especially where the recommendations are not fully complied with;
2023/11/22
Committee: LIBE
Amendment 225 #
Motion for a resolution
Paragraph 34
34. Strongly regrets the fact that the Commission is not taking stronger action to enforce EU law; calls therefore on the Commission to step up the number of new infringement procedures and to push forward existing infringement procedures with more audacity and urgency; calls on the Commission not to use ‘dialogue’ with Member States or the ‘pilot’ procedure as an open-ended means to avoid launching actual infringement procedures; calls on the Commission to revise its policy – which has no basis in the Treaties – not to use infringement actions for ‘individual’ cases, as this policy has led to serious deprivation of rights for citizens across the EU, especially where their own governments are refusing to comply with EU law or CJEU judgments, as most of these cases are not individual but address strategic and fundamental issues;deleted
2023/11/22
Committee: LIBE
Amendment 229 #
Motion for a resolution
Paragraph 35
35. Notes the persistent problem of the incomplete implementation of European Court of Human Rights (ECtHR) judgments, noting the recent decisions of the Council of Europe’s Committee of Ministers[1]; welcomes the inclusion of the systemic indicators on the implementation of ECtHR leading judgments in the rule of law report since its 2022 edition; calls on the Commission, however, to set up a scoreboard dedicated to monitoring the implementation of each and every CJEU and ECHR judgment relating to democracy, the rule of law and fundamental rights, and to fully integrate it into the annual rule of law report; calls on the Member States to implement pending judgments without delay, and calls on the Commission to assess the consequences for the compliance with EU law and to take infringement action where needed;deleted
2023/11/22
Committee: LIBE
Amendment 238 #
Motion for a resolution
Paragraph 37
37. Acknowledges that the Commission's rule of law report has become more comprehensive since its inception in 2020; regrets, however, that the 2023 edition of the report was not significantly expanded by adding a comprehensive new pillar; reiterates its position that the report should cover the full scope of the values of Article 2 TEU, as these cannot be seen in isolation; calls on the Commission to expand the scope of the report next year;
2023/11/22
Committee: LIBE
Amendment 242 #
Motion for a resolution
Paragraph 38
38. Is concerned that the Commission, in its effort to be factual and even- handed, sometimes ends up being too diplomatic and imprecise when identifying rule of law problems in Member States; regrets that the use of euphemistic language and the artificially equal number of conclusions and recommendations per Member State conceals the very real differences between Member States; believes that the assessment of the fulfilment of the recommendations should be more precise and qualitative, not relying only on legislative changes but also on real and independent evidence of their implementation in practice; notes the sometimes stark differences between the summaries of country chapters and the in-depth content of the chapters themselves, suggesting an editorial intervention;deleted
2023/11/22
Committee: LIBE
Amendment 246 #
Motion for a resolution
Paragraph 39
39. Reaffirms that many of these challenges could be overcome by involving an independent panel of experts in the drafting of the report, as they would be less bound by diplomatic considerations; calls on the Commission to reconsider its position on this point and to explore all possibilities to involve independent experts in subsequent editions of the rule of law report;deleted
2023/11/22
Committee: LIBE
Amendment 252 #
Motion for a resolution
Paragraph 40
40. Affirms that the annual rule of law report is not an end in itself, as monitoring the situation is not enough but should rather lead to specific enforcement action on the identified shortcomings;deleted
2023/11/22
Committee: LIBE
Amendment 257 #
Motion for a resolution
Paragraph 41
41. Takes note of the Council’s ongoing evaluation of its rule of law dialogue and the Council’s stated position that it will consider further possible interinstitutional cooperation in that context; calls on the Council to make its rule of law dialogue more inclusive, by inviting other institutions and stakeholders to its sessions, in particular Council of Europe bodies such as the Venice Commission, as well as representatives of the European Parliament;deleted
2023/11/22
Committee: LIBE
Amendment 260 #
Motion for a resolution
Paragraph 42
42. Regrets that the Commission and the Council have so far rejected Parliament's offer to enter into an interinstitutional agreement on the rule of law; reaffirms its willingness to resume talks on this agreement;deleted
2023/11/22
Committee: LIBE
Amendment 264 #
Motion for a resolution
Paragraph 43
43. Calls on the other institutions, in the meantime, to at least explore further cooperation in the context of the proposed interinstitutional pilot on democracy, rule of law and fundamental rights, which would help build trust between the institutions in a practical way, in particular by sharing monitoring, dialogue and meeting practices;deleted
2023/11/22
Committee: LIBE
Amendment 267 #
Motion for a resolution
Paragraph 44
44. Condemns the total lack of progress in the ongoing Article 7(1) TEU procedures; urges the Council to address all new developments affecting the rule of law, democracy and fundamental rights; reiterates its call on the Council to address recommendations in the framework of this procedure, underlining that any further delaying of such action would amount to a breach of the rule of law principle by the Council itself; insists that Parliament’s role and competences be respected;deleted
2023/11/22
Committee: LIBE
Amendment 271 #
Motion for a resolution
Paragraph 45
45. Calls on the Commission to include, strictly monitor and safeguard the DRF conditions in all budgetary instruments and processes; calls on the Commission in this regard not to unblock any cohesion funds for Hungary unless all enabling conditions have been fully met and the judiciary in that Member State can be considered fully independent on paper and in practice; calls on the Commission and the Council to apply the Rule of Law Conditionality Regulation further and without delay where needed, and not to lift the measures adopted in the case of Hungary until all the milestones have been effectively fulfilled; calls on the Commission to rigorously verify that the rule of law related milestones in the various Member State recovery and resilience plans are fulfilled as a condition for disbursing funding when Member States make payment requests; calls on the Commission to assign the primary responsibility for the application of these conditions to the Commissioners responsible for the rule of law;deleted
2023/11/22
Committee: LIBE