Activities of Clare DALY related to 2020/2221(INI)
Shadow opinions (1)
OPINION on the impact of organised crime on EU own resources and on the misuse of EU funds, with a particular focus on shared management from an auditing and control perspective
Amendments (10)
Amendment 1 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that organised crime has demonstrated a high degree of infiltration into the social, economic, entrepreneurial and administrative structure of Member States, as well as an ability to launder in the legal economy the huge proceeds of crimes including those committed against the EU’s financial interests, thus representing a serious threat to EU citizens’ liberties, as well as to democracy and the rule of law, and necessitating a common, coordinated response from the EU and its Member States; welcomes, in this regard, the 2021-2025 EU strategy to tackle organised crim; stresses also that the nexus of organised crime and the state represents a serious threat to democracy and the rule of law, and that the fight against systemic corruption and the infiltration of the legal economy by organised crime are essential to guaranteeing equal treatment before the law, protecting citizens’ rights and welfare, presvented by the Commission on 14 April 2021ing abuses and ensuring the accountability of public office- holders;
Amendment 5 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that a common, coordinated response from the EU and its Member States to organised crime is desirable; notes, in this regard, the 2021- 2025 EU strategy to tackle organised crime, presented by the Commission on 14 April 2021;
Amendment 10 #
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that organised criminal groups take advantage of the different laws in individual Member States, and that the development of a harmonised anti-fraud approach at EU level is complicated by differing definitions of organised crime; reiterates therefore its previous calls for the revision of Council Framework Decision 2008/841/JHA of 24 October 2008, and the need to establish a common definition of organised crime, which should also take into account the use of violence, corruption or intimidation by criminal groups to obtain control of economic activities or public procurement, or to influence democratic processes; stresses that particular care should be taken to ensure any proposals to combat organised crime are consistent with fundamental rights and the rule of law;
Amendment 12 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that organised crime is primarily enabled by corruption at state level and that corruption is a serious threat to democracy, the rule of law and fair treatment for all citizens; recognises that state corruption is often a product of systematic or structural deficiencies within government systems, and therefore impervious to cosmetic anti- corruption or judicial reforms; stresses the need to diagnose systemic forms of state corruption in order to promote full accountability in efforts to deal with organised crime;
Amendment 15 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Stresses that corrupt activities are needed by organised criminal groups in order to remain in illicit business and engage in ongoing criminal activity without interruption, including in the misuse of EU funds, and that corrupt public officials protect organised criminal groups from law enforcement and disruption; strongly believes that corruption in law enforcement is particularly dangerous and should be effectively addressed by the Member States, as it has an impact on the safety of citizens and on their pursuit of justice, including in cases of political corruption and police misconduct; notes that besides the obvious dangers to public policy and public security presented by the forms of violence which are typical of criminal organisations, organised crime causes equally serious problems in the form of penetration into the legal economy and associated conduct which corrupts public officials, with the consequent infiltration of institutions and public administration;
Amendment 25 #
Draft opinion
Paragraph 5
Paragraph 5
5. ConsidersNotes that criminal groups gain access to politicians and administrators in order to tap the financial resources at the disposal of the public administration and to influence its activities with the connivance of politicians, officials and businesspeople, and that their influence over politicians and administrators makes itself felt most of all in the sectors of public procurement and public works, public funding, and direct contracts for the procurement of all types of goods and the management of services; notes that fraud involving EU funds is a profitable but less risky income stream for organised criminals than activities such as the sale of drugs or human trafficking, thus making EU funds an attractive target for diversion; considers therefore that strong safeguards should be put in place to prevent abuse at national and European level, with solid due diligence procedures and transparency on beneficiaries of EU funds, in order to stop criminals illegally benefiting from EU funds;
Amendment 32 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Member States to avoid reforms reinforcing or creating strong Executive influence over the judiciary and to guarantee the proper independence of judges as a way to avoid undue political influence on the judiciary which can lead to biased, corrupt judgments serving interests other than the public’s;
Amendment 34 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on Member States to ensure the independence of the prosecution, given such independence has important implications for the capacity to fight organised crime; calls further on Member States to ensure that public officials act with integrity and avoid engagements which may entail a conflict of interest and increased risk of corruption;
Amendment 35 #
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls on Member States to rapidly implement the Whistleblower Directive and to include, as part of the implementation process, legal safeguards for individuals and independent bodies who expose corruption, including journalists, whistleblowers, independent media, and anti-corruption NGOs; calls on all Member States to establish comprehensive whistleblower protection frameworks; reiterates the urgency of this demand given reporting of increased physical attacks on journalists, the rise of SLAPP suits and the use of fast-tracked security laws in certain Member States that criminalise the dissemination of images of or data regarding law enforcement officers, thus blocking journalistic work and limiting the accountability of national authorities;
Amendment 36 #
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Reiterates its call for the EU to become a full member of GRECO without delay.