8 Amendments of Karen MELCHIOR related to 2021/2180(INI)
Amendment 1 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the Union is founded on the values enshrined in Article 2 TEU; recalls further that the rule of law, as enshrined in EU primary law and further defined in the case-law of the Court of Justice of the European Union (CJEU), is akin to democracy and fundamental rights; reiterates that as underlined by the CJEU, the European Union is based on the rule of law in which institutions are subject to judicial review of the compatibility of their acts with the Treaties and with the general principles of law, which include fundamental rights 1a; thus underlines that all the Union’s fundamental values as set out in Article 2 TEU are interdependent and construed in light of each other and shall all be monitored and safeguarded; stresses that any backsliding on the rule of law in any given Member State automatically undermines EU values in the EU as a whole; agrees with the Commission that these values should never be taken for granted, even though the EU is recognised as having very high standards in this regard; underlines the importance of the credible global example provided by the EU in upholding the rule of law internally and in supporting democracy worldwide; _________________ 1a Case C-50/00 P UPA [2002] ECR I- 6677,para. 38.
Amendment 16 #
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that crises such as the COVID-19 pandemic have shown that measures taken in urgency can havemay lead to democratic deficits, and lead to corruption, and that they lack proper scrutinythat they are often impaired by the lack of proper scrutiny and institutional checks and balances; reiterates that the rule of law is related to the effective judicial protection as provided in Article 19(1) TEU; stresses, therefore, the need for clear legal arrangements ensuring respect for the rule of law also during times of crisis and emergency circumstances;
Amendment 29 #
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the COVID-19 pandemic has also shown that high levels of digitalisation have increased the resilience and efficiency of justice systems; agrees with the Commission that digitalisation should be fostered and investment in human and financial resources prioritised in some Member States in order to increase the efficiency of their justice systems, to facilitate access to legal aid and information; welcomes the fact that digitalising the public administration and the judiciary is a priority in many Member States’ Recovery and Resilience Plans;
Amendment 37 #
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the fact that lawyers are now part of the EU Justice Scoreboard’s questionnaire; stresses that independent lawyerstrong lawyers' bars or associations are also essential to independent justice systems; reiterates the need for lawyers and the judiciary to be highly qualified and regularly trained in the rule of law and in EU law in general, and calls on the Commission to extend the scope of its next Report to include this area; further reiterates the importance of providing training modules on the Charter of Fundamental Rights of the European Union for judges and legal practitioners in order to foster a common rule of law culture and ensure that the rights enshrined in the Charter are always taken into account in civil and administrative proceedings when implementing European law;
Amendment 50 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recalls that for the purposes of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget2a, the rule of law includes the principles of legality, which implies a transparent, accountable, democratic and pluralistic law-making process; legal certainty; prohibition of arbitrariness of the executive powers; effective judicial protection, including access to justice, by independent and impartial courts, also as regards fundamental rights; separation of powers; and non-discrimination and equality before the law; _________________ 2a 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, OJ L 433 I, 22.12.2020, p. 1.
Amendment 63 #
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses the interdependence of the elements enshrined in Article 2 TEU and reiterates its call on the Commission to extend of the scope of the Report to all of the fundamental values of the EU; further calls that the Report reviews thoroughly all the pillars of the rule of law, including equality before the law, through monitoring the protection of fundamental rights of natural and legal persons, and in particular, the rights of minorities, the instruments employed in the fight against discrimination, hate crime and hate speech and a rigorous overview on access to justice and legal aid.
Amendment 68 #
12. Urges the Commission, furthermore,to provide clear recommendations on the challenges identified and the necessary follow-up actions to the Member States; furthermore urges the Commission to make robust use of its toolkit, including infringement procedures and the conditionality mechanism, where appropriate, to quickly and efficiently address any backsliding on the rule of law in national justice systems;
Amendment 80 #
Draft opinion
Paragraph 14
Paragraph 14
14. Recalls the important role of journalists and civil society in raising the alarm about, and drawing attention to, any breaches of the rule of law, including with regard to the proper functioning of justice systems, and calls for them to be given enhanced protection against intimidation or violence; condemns the instrumental use of justice to undermine freedom of information and pluralism, notably through the use of strategic lawsuits against public participation (SLAPPs) in the EU;