25 Amendments of Răzvan POPA related to 2018/0136(COD)
Amendment 55 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) However, doctrinaire assessments of the rule of law, far from uniform, are, on the contrary, as diverse as they are surprising, with frequent inconsistencies between Member States. The rule of law must be based on the assumption of a clear and well-articulated hierarchy of rules, each with its specific place in the constitutional order, with precise laws that delimit exactly the actions of the implementing bodies empowered to monitor compliance with individual and general rules.
Amendment 60 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 62 #
(2a) The rule of law is based on the existence of a minimum body of conditions of which we can identify the following: – autonomy of the law; – predictability; – separation of powers within the State; – constitutional power structure; – promotion of human rights; – benevolent, open and cooperative attitude on the part of the State towards civil society; – principle of separation of powers within the State upheld; – real and genuine democracy; – institutionalised and guaranteed human and civil rights; – a coherent and hierarchical legal order; – a system of internal regulation of public authorities through political, administrative hierarchical and judicial control; – control of the constitutionality of laws; – unrestricted access to justice and organisation of legal proceedings at several instances; – control of the constitutionality of laws; – control of legality of activities of public administration; – independent judiciary: – existence of the institution of ombudsman.
Amendment 74 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Respect for the rule of law is indispensable for the protection of all the fundamental values listed in Article 2 TEU. It is also an essential condition for the observance of all rights and obligations deriving from the Treaties and international law; respect for the rule of law is a prerequisite for EU membership.
Amendment 99 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 112 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the rules necessary for the protection of the Union’s budget in the case of generalised deficiencies as regards the rule of law in the Member States; infringement procedures can only be launched by the Commission if such concerns relate at the same time to breach of a specific provision of EU law.
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) 'the rule of law' refers to the Union value enshrined in Article 2 of the Treaty on European Union which includes the principles of legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; effective judicial protection by independent courts, including of fundamental rights; separation of powers and equality before the law; The rules defining the ‘rule of law’ require: – a pyramid power structure and dissemination to a large number of bodies; – public participation in the exercise of power through judicial control of compliance with the law by State organs and through redress against illegal acts by the authorities; – guarantee of fundamental rights and freedoms of the individual; – limit imposed on each of the three powers by the other two; – political control exercised by elected assembly; – separation of powers within the State; – hierarchical structure of executive and judicial power, allowing for control the existing authority in the exercise thereof.
Amendment 136 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Appropriate balanced and proportionate measures shall be taken where a generalised deficiency as regards the rule of law in a Member State under the Constitution affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union, in particular:
Amendment 139 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Appropriate mMeasures shall be taken where a generalised deficiency as regards the rule of law in a Member State affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union, in particular:
Amendment 140 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 145 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) the effective and timely cooperation with the European Anti-fraud Office and with the European Public Prosecutor’s Office in theirin its investigations or prosecutions pursuant to their respective legal acts and to the principle of loyal cooperation.
Amendment 171 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 1
Article 4 – paragraph 1 – point b – point 1
Amendment 173 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 2
Article 4 – paragraph 1 – point b – point 2
Amendment 176 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 3
Article 4 – paragraph 1 – point b – point 3
Amendment 180 #
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 4
Article 4 – paragraph 1 – point b – point 4
Amendment 197 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where the Commission finds that it has reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall send a written notification to that Member State, setting out the grounds on which it based its finding.
Amendment 199 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The Commission shall ensure equal treatment by concomitantly adopting similar and non-discriminatory measures applicable to all Member States.
Amendment 203 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission mayshall take into account all relevant information, including decisions of the Court of Justice of the European Union, as well as reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations.
Amendment 205 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission mayshall request anyfrom the Member State concerned additional information required for its assessment, both before and after having made a finding pursuant toprior to notification of a finding referred to in paragraph 1.
Amendment 206 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
5. The Commission shall hear the Member State concerned and shall take into account the information received and any observations made by the Member State concerned, as well as the adequacy of any proposed remedial measurespreviously, as well as the results of the impact assessment conducted pursuant to Article 4(3a), when deciding whether or not to submit a proposal for a decision on the appropriate measures.
Amendment 213 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing act on the appropriate measures to the Council and Parliament.
Amendment 224 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The decision shall be deemed to have been adopted or rejected by the Council, unless it decides, by qualified majority, to reject the Commission proposalacting unanimously, as for other measures imposing sanctions on Member States under the TFEU, within one month of its adoption by the Commission.
Amendment 228 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The Council, acting by a qualified majoritunanimously, may amend the Commission’s proposal and adopt the amended text as a Council decision.