Activities of Pierre KARLESKIND related to 2023/0315(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on European cross-border associations
Amendments (16)
Amendment 92 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The values of the European Union enshrined in Article 2 of the Treaty on European Union should be respected both in the subject matter and in the exercise of the activity of an ECBA, everywhere and at all times. To that end, Member States should require a declaration of respect for the fundamental values of the European Union when registering the ECBA.
Amendment 92 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The values of the European Union enshrined in Article 2 of the Treaty on European Union should be respected both in the subject matter and in the exercise of the activity of an ECBA, everywhere and at all times. To that end, Member States should require a declaration of respect for the fundamental values of the European Union when registering the ECBA.
Amendment 106 #
Proposal for a directive
Recital 33 – paragraph 1 a (new)
Recital 33 – paragraph 1 a (new)
Where the purpose or the exercise of the activity of an ECBA is manifestly contrary to its declaration of respect for the fundamental values of the European Union, that ECBA should not be eligible for public funding. This restriction should be provided for by the Member States in strict compliance with the principles of equal treatment, non-discrimination and judicial review.
Amendment 106 #
Proposal for a directive
Recital 33 – paragraph 1 a (new)
Recital 33 – paragraph 1 a (new)
Where the purpose or the exercise of the activity of an ECBA is manifestly contrary to its declaration of respect for the fundamental values of the European Union, that ECBA should not be eligible for public funding. This restriction should be provided for by the Member States in strict compliance with the principles of equal treatment, non-discrimination and judicial review.
Amendment 115 #
Proposal for a directive
Recital 45
Recital 45
(45) In compliance with the freedom of assembly and of association, an ECBA should be dissolved only by decision of its members or by a decision of the competent authority of the home Member State. Where the dissolution of an ECBA is the result of a decision of its members, it should be taken by two-thirds of the votes representing at least half of the total of the members during an extraordinary meeting. The dissolution of an ECBA may be involuntary by decision of the competent authority of the home Member State of the ECBA, as a last resort, only where an ECBA does not respect its non-profit purpose, where its activities constitute a threat to public order, or where the members of the executive body of an ECBA have been convicted of a particularly serious criminal offence or the ECBA itself has been convicted of a criminal offence, if national law allows for this possibility, or where the ECBA flagrantly fails to comply with its declaration of respect for the fundamental values of the European Union. In this case, the competent authority should communicate to the ECBA a formal notice of its concerns and hear the ECBA in order to give the ECBA the opportunity to reply.
Amendment 115 #
Proposal for a directive
Recital 45
Recital 45
(45) In compliance with the freedom of assembly and of association, an ECBA should be dissolved only by decision of its members or by a decision of the competent authority of the home Member State. Where the dissolution of an ECBA is the result of a decision of its members, it should be taken by two-thirds of the votes representing at least half of the total of the members during an extraordinary meeting. The dissolution of an ECBA may be involuntary by decision of the competent authority of the home Member State of the ECBA, as a last resort, only where an ECBA does not respect its non-profit purpose, where its activities constitute a threat to public order, or where the members of the executive body of an ECBA have been convicted of a particularly serious criminal offence or the ECBA itself has been convicted of a criminal offence, if national law allows for this possibility, or where the ECBA flagrantly fails to comply with its declaration of respect for the fundamental values of the European Union. In this case, the competent authority should communicate to the ECBA a formal notice of its concerns and hear the ECBA in order to give the ECBA the opportunity to reply.
Amendment 130 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Declaration of respect for the fundamental values of the European Union. Member States shall ensure that the ECBA undertakes to respect the fundamental values of the European Union enshrined in Article 2 of the Treaty on European Union in its subject matter and in the exercise of its activity by signing a declaration to that effect to be submitted at the time of registration in accordance with Article 18.
Amendment 130 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Declaration of respect for the fundamental values of the European Union. Member States shall ensure that the ECBA undertakes to respect the fundamental values of the European Union enshrined in Article 2 of the Treaty on European Union in its subject matter and in the exercise of its activity by signing a declaration to that effect to be submitted at the time of registration in accordance with Article 18.
Amendment 149 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Without prejudice to Articles 9 to 11, Member States shall provide that public funding sought by an ECBA whose subject matter or activity, or the methods by which that activity is pursued, are incompatible with the declaration of respect for the fundamental values of the European Union referred to in Article 5a shall be refused.
Amendment 149 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Without prejudice to Articles 9 to 11, Member States shall provide that public funding sought by an ECBA whose subject matter or activity, or the methods by which that activity is pursued, are incompatible with the declaration of respect for the fundamental values of the European Union referred to in Article 5a shall be refused.
Amendment 150 #
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Without prejudice to paragraph 1a, Member States shall not impose any restrictions on an ECBA’s ability to provide or receive funding, including donations, from any lawful source, except to the extent that such restrictions are:
Amendment 150 #
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Without prejudice to paragraph 1a, Member States shall not impose any restrictions on an ECBA’s ability to provide or receive funding, including donations, from any lawful source, except to the extent that such restrictions are:
Amendment 173 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point f a (new)
Article 18 – paragraph 1 – subparagraph 1 – point f a (new)
(fa) the declaration of respect for the fundamental values of the European Union referred to in Article 5a, signed by all its founding members.
Amendment 173 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point f a (new)
Article 18 – paragraph 1 – subparagraph 1 – point f a (new)
(fa) the declaration of respect for the fundamental values of the European Union referred to in Article 5a, signed by all its founding members.
Amendment 195 #
Proposal for a directive
Article 25 – paragraph 2 – point c a (new)
Article 25 – paragraph 2 – point c a (new)
(ca) Flagrant failure to comply with the declaration of respect for the fundamental values of the European Union referred to in Article 5a.
Amendment 195 #
Proposal for a directive
Article 25 – paragraph 2 – point c a (new)
Article 25 – paragraph 2 – point c a (new)
(ca) Flagrant failure to comply with the declaration of respect for the fundamental values of the European Union referred to in Article 5a.