Activities of Vladimír BILČÍK related to 2020/2072(INL)
Shadow reports (1)
REPORT on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights
Shadow opinions (1)
OPINION on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights
Amendments (44)
Amendment 10 #
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the situation with regard of the rule of law, democracy and fundamental rights has substantially deteriorated in a number of Member States, which is deeply regrettable; underlines that the Union is founded on a set of common principles of democracy, the rule of law, and fundamental rights, as enshrined in Article 2 TEU; recalls in particular the importance of upholding the rule of law and the obligation of Member States to ensure effective judicial protection, which is a core value of the Union as a community based on law;
Amendment 12 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes the contradiction that whereas future Member States are vetted for their compliance with these values before they accede to the Union, no similar method exists to supervise adherence to these foundational principles after accession in the European Union;
Amendment 14 #
1 b. Highlights that the lack of monitoring, evaluating and supervisory mechanisms for the EU's legal founding principles would not constitute a problem if Member States adhered to these principles after their accession into the European Union;
Amendment 15 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Acknowledges that the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights must be linked to strengthening democratic functioning in the Union; regrets that previous requests for dialogue with particular governments led to limited solutions only;
Amendment 16 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
Amendment 17 #
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Demands to strengthen the Court of Justice of the European Union by introducing an instrument of individual complaint for citizens; underlines the need to establish a mechanism for arbitration of constitutional matters; proposes that this topic be debated during the course of the upcoming Conference on the Future of Europe;
Amendment 59 #
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises that in the Annual Monitoring Cycle, the Member States should be given an opportunity to present their positions in full, while not hampering the efficiency of the procedure; underlines the importance of Member States' active and responsible approach to the Annual Monitoring Cycle;
Amendment 69 #
Motion for a resolution
Recital B
Recital B
B. whereas the preceding decade has seen brazen attacks againstupholding of Union values in severall Member States; whereas international comparisons and Parliament resolutions have evidenced considerable democratic backsliding in Hungary and Poland in particular is essential in order for the Union to function properly; whereas Parliament has been calling since 2016 for a comprehensive, preventive and evidence- based monitoring in this field via an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 74 #
Draft opinion
Paragraph 9
Paragraph 9
Amendment 92 #
Draft opinion
Paragraph 11
Paragraph 11
11. Highlights that the Conference on the Future of Europe provides a momentum for better understanding the need to protect Union values in this context; underlines that the Conference on the Future of Europe will bring new impetus to European discussion on strengthening European democracy; therefore, in the event of Treaty changes being made in the future, the effectiveness of the Article 7 procedure should be enhanced by removing the requirement for unanimity and reinforcing the sanction mechanism;
Amendment 99 #
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and loc and relevant national authorities;
Amendment 108 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas it is necessary to strengthen and streamline existing mechanisms and develop an effective mechanism to ensure that the principles and values enshrined in the Treaties are upheld throughout the Union;
Amendment 118 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. emphasises the urgent need for the Union to develop a robust and posievidence-based and objective agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens; insists that the Union must remain a champion of freedom and justice in Europe and the world;
Amendment 124 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member Statesis concerned by the rise of illiberal tendencies as well as corruption; underlines the dangers of this trend for the cohesion of the Union’s legal order, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 137 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that fielunderscores that the existing instruments to prevent democratic and rule of law backsliding should be streamlined and properly enforced;
Amendment 143 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. highlights that the mechanism should serve as an objective, evidence- based tool assessing Member States on equal footing respecting the principles of subsidiarity, necessity and proportionality;
Amendment 152 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensevidence- based and objective monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agenda;
Amendment 157 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. proposes the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (the ‘Mechanism’), building on Parliament’s 2016 proposal and the Commission’s 2020 Rule of Law Report, to be governed by an interinstitutional agreement between Parliament, the Council and the Commission, consisting of an Annual Monitoring Cycle on Union values, covering all aspects of Article 2 TEU, and applying equally, objectively and fairly to all Member States while respecting the principles of subsidiarity, proportionality and necessity;
Amendment 172 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcementand legally available measures;
Amendment 176 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments for monitoring, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), whilebut also other reports such as Justice Scoreboard or Report on the Application of the Charter of Fundamental Rights; highlights also that the Mechanism should increasinge complementarity and coherence with other available tools, includingmainly infringement procedures under, Article 7 TEU, procedure and budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives ofshould replace the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU andinternal discussions and for the adoption of their positions; notes that the institutions should be able to take the outcome into account for the purposes of triggering Article 7 TEU and the Commission should be able to take the outcome into account for launching the procedure under Regulation (EU) 2020/xxxx of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States11 , as well as for launching the procedure in accordance with Article 17 TEU; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....
Amendment 184 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. stresses that roles and prerogatives of respective institutions within the available procedures must be respected;
Amendment 194 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 199 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiteencouratges the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedure; believes that the Mechanism, underpinned by an interinstitutional agreement, respecting prerogatives of each of the institutions and sincere cooperation, will provide the necessary framework for better coordination;
Amendment 209 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend its constitutional core willcould require Treaty change; looks forward to the reflection and conclusions of the Conference on the Future of Europe in that regard;
Amendment 213 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. strongly believes that addressing the crisiscomprehensive monitoring of the upholding of Union values, including through the proposed Mechanism, is a precondition for re-establishing mutual trust among Member States, thus enabling the Union as a whole to sustain and further all common policies;
Amendment 216 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. highlights that training of justice professionals is essential to the proper implementation and application of Union law and thus to the strengthening of a European common legal culture based on the principles of mutual trust and the rule of law; considers that the upcoming European judicial training strategy must put additional focus on promoting the rule of law and judicial independence and include training on skills and non-legal issues so that judges are better prepared to resist undue pressure;
Amendment 225 #
Motion for a resolution
Annex I – paragraph 4 – point 3
Annex I – paragraph 4 – point 3
(3) The European Parliament, the Council and the Commission (‘the three institutions’) recognise the paramount importance of respect for Union values. Respect for Union values is necessary for the good functioning of the Union and the achievement of its objectives as set out in Article 3 TEU. The three institutions are committed to mutual sincere cooperation with the aim of promoting and ensuring respect for Union values.
Amendment 226 #
Motion for a resolution
Annex I – paragraph 4 – point 4
Annex I – paragraph 4 – point 4
(4) The three institutions recognise the need for streamlining and strengthening the effectiveness of existing tools designed to foster compliance with Union values. A comprehensive, evidence-based interinstitutional mechanism respecting the principles of subsidiarity, proportionality and necessity should therefore be established in order to improve coordination between the three institutions and consolidate initiatives taken previously. In accordance with the Conclusions of the Justice and Home Affairs Council of 6 and 7 June 2013, such a mechanism should operate in 'a transparent manner, on the basis of evidence objectively compiled, compared and analysed and on the basis of equality of treatment as between all Member States'.
Amendment 229 #
Motion for a resolution
Annex I – paragraph 4 – point 5
Annex I – paragraph 4 – point 5
(5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States and should respect the principles of subsidiarity, proportionality and necessity. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue and, the Commission’s Rule of Law Framework, the EU Justice Scoreboard and the Annual Report on the Application of the Fundamental Rights and Freedoms, in order to avoid duplication and strengthen overall effectiveness.
Amendment 242 #
Motion for a resolution
Annex I – paragraph 4 – point 8
Annex I – paragraph 4 – point 8
(8) The Annual Monitoring Cycle should also be complementary to and coherent with other instruments relating to the promotion and strengthening of Union values. In particular, the three institutions commit to usingtaking into account the findings of the annual monitoring reports in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values in the context of Article 7 TEU. Similarly, the three institutions commit to usingin accordance with Article 17 TEU the Commission should take into account the findings of the annual monitoring report in theirits assessment of whether an infringement procedure should be launched or whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx of the European Parliament and of the Council3 . The three institutions agree that the annual monitoring reports should more generally guideinform their actions with respect to Union values. _________________ 3 [instead of xxxx insert number of 2018/136(COD) in the text and the footnote and correct OJ reference in footnote] Regulation (EU) .../… of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States OJ C ..., ....., p. ....
Amendment 256 #
Motion for a resolution
Annex I – part 2 – point 3 – introductory part
Annex I – part 2 – point 3 – introductory part
3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall facilitate coordination and cooperation among the three institutions in the Annual Monitoring Cycle. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also consult independent experts on a regular basis.
Amendment 261 #
Motion for a resolution
Annex I – part 2 – point 4
Annex I – part 2 – point 4
4. On an annual basis, the Commission shall organise a targeted stakeholder consultation to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent and based on a clear and rigorous methodology agreed by the Working Group. The methodology shall, in any event, encompass in an appropriate form the benchmarks, such as those listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
Amendment 266 #
Motion for a resolution
Annex I – part 2 – point 5
Annex I – part 2 – point 5
5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and locrelevant national authorities, to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report.
Amendment 273 #
Motion for a resolution
Annex I – part 2 – point 7
Annex I – part 2 – point 7
7. Designated representatives of any of the three institutionsthe Working Group shall have the possibility to conduct a limited number of fact-finding visits to the Member States for the purpose of obtaining additional information and clarification about the state of Union values in the Member States concerned. The Commission shall incorporatuse the findings in the Annual Report.
Amendment 282 #
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Annual Report should cover both positive and negative developments relating to Union values in the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States and the principles of subsidiarity, proportionality and necessity. The depth of reporting should reflect the gravity of the situation in question.
Amendment 296 #
Motion for a resolution
Annex I – part 2 – point 12
Annex I – part 2 – point 12
12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States. The three institutions shall endeavour to promote debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 297 #
Motion for a resolution
Annex I – part 2 – point 13
Annex I – part 2 – point 13
13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and relevant local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue. The Commission may, at any time, provide technical assistance to the Member States through different activities. The European Parliament shall organise, in cooperation with national parliaments, an interparliamentary debate on the findings of the Annual Report.
Amendment 304 #
Motion for a resolution
Annex I – part 2 – point 14 – introductory part
Annex I – part 2 – point 14 – introductory part
14. Without prejudice to the powers of the Commission under Article 258 TFEU and under Article 5 of Regulation (EU) 2020/xxxx1a, and the right of the European Parliament and the Commission to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values. _________________ 1a[instead of xxxx insert number of 2018/136(COD) in the text].
Amendment 309 #
Motion for a resolution
Annex I – part 2 – point 15
Annex I – part 2 – point 15
15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the European Parliament or the Council may exceptionallyCommission may exceptionally, either on its own initiative or upon request by the Commission toEuropean Parliament or the Council draft an urgent report on the situation. The Commission shall prepare the report in consultation with the Working Group. The Commission shall make the urgent report public no later than two months following a request by the European Parliament or the Council. The findings of the urgent report should be incorporated in the next Annual Report. The urgent report may specify recommendations aimed at addressing the imminent threat to Union values.
Amendment 315 #
Motion for a resolution
Annex I – part 3 – point 16
Annex I – part 3 – point 16
16. The three institutions acknowledge the complementary nature of the Annual Monitoring Cycle and other mechanisms for the protection and promotion of Union values, in particular the procedure laid down in Article 7 TEU, infringement procedures and Regulation (EU) 2020/xxxx. The three institutions commit to take account of the objectives of this Interinstitutional Agreement in Union policies.
Amendment 327 #
Motion for a resolution
Annex I – part 3 – point 20 – subheading 1
Annex I – part 3 – point 20 – subheading 1
Amendment 329 #
Motion for a resolution
Annex I – part 3 – point 20 – subheading 1 a (new)
Annex I – part 3 – point 20 – subheading 1 a (new)
Arrangements for infringement procedures
Amendment 331 #
Motion for a resolution
Annex I – part III – point 20 a (new)
Annex I – part III – point 20 a (new)
20a. The Commission takes into account the findings of the Annual Report in its assessment of whether an infringement procedure should be launched.
Amendment 335 #
Motion for a resolution
Annex I – part 3 – point 21
Annex I – part 3 – point 21
21. The three institutions agree to useCommission takes into account the findings of the Annual Report in theirits assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx.