17 Amendments of Alin MITUȚA related to 2021/2180(INI)
Amendment 6 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that 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 (the Conditionality Regulation) integrated the conditionality mechanism into a wider framework, requiring the Commission to use its own annual rule of law reports as a source for its assessments under the Regulation; calls, once again, on the Commission to implement the Conditionality Regulation without any further delay; recalls that for budget-related measures in the event of violations of the rule of law in a Member State, the competences of parliamentary committees should be determined on the basis of Annex VI of Parliament’s Rules of Procedure if the infringements under the Conditionality Regulation procedure are dealt with in Parliament;
Amendment 7 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the European Court of Justice decision to reject the actions brought by Hungary and Poland against the Conditionality Regulation; deplores the time wasted since its entry into force by the European Commission, who unilaterally decided to abide by non- binding European Council conclusions, which led the European Parliament to take action under Article 265 TFEU for failure to act; highlights that the Commission’s 2021 Rule of Law Report contains multiple and detailed examples of breaches of the rule of law that fall within the scope of the Conditionality regulation, which should have led the European Commission to trigger the conditionality mechanism a long time ago;
Amendment 8 #
1 b. Strongly regrets the fact that the Commission’s failure to act since January 2021 has let the rule of law situation to deteriorate in several Member States, as shown in the Commission’s 2021 Rule of Law Report;
Amendment 13 #
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls its resolution of 8 July 2021 on the creation of guidelines for the application of the Conditionality Regulation; insists that the Commission include in its annual rule of law reports a section dedicated to cases where rule of law breaches in a Member State could affect or seriously risk affecting the sound financial management of the Union budget or the protection of the Union’s financial interests in a sufficiently direct way; calls on the Commission to conclude each country chapter with a ‘traffic light’ assessment of the fulfilment of the conditions of the Rule of Law Conditionality Regulation;
Amendment 14 #
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls its resolution of 8 July 2021 on the creation of guidelines for the application of the Conditionality Regulation; insists that the Commission include in itsa more direct link between the Commission’s annual Rule of Law Report and the triggering of the Conditionality Regulation should be established, for example by including in the annual rule of law reports a section dedicated to cases where rule of law breaches in a Member State could affect or seriously risk affecting the sound financial management of the Union budget or the protection of the Union’s financial interests in a sufficiently direct way ;
Amendment 17 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets that the Commission’s 2021 Rule of Law Report is mostly descriptive and lacking clear conclusions, with precise follow-up actions and proposals of remedial measures ; regrets also the lack of prioritisation of the breaches of the rule of law listed in the report, with the same attention and tone given to systemic major breaches and to isolated minor ones; calls therefore on the Commission to address these shortcomings and improve the annual report to transform it into a comprehensive tool to be used by Member States to fix the identified rule of law breaches;
Amendment 19 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission to develop proposals to further strengthening of the Rule of Law toolbox if, despite the current instruments and efforts, significant violations of the values enshrined in Article 2 of the TEU persist; proposes to expand the scope of the non- discrimination clause in the European Charter of Fundamental Rights, and to render it universal, to enable the enforcement of the Rule of Law in Member States and the Union consistent with article 14 of the European Convention on Human Rights; calls, in the meantime, on all EU institutions to give the non-discrimination clause the broadest possible legal interpretation;
Amendment 20 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets the mostly descriptive nature of the Commission's 2021 Rule of Law Report and calls on the Commission to address this aspect by including country-specific recommendations with regards to problems identified; furthermore asks the Commission to include yearly follow-ups on these matters until the full implementation of such recommendations;
Amendment 22 #
Draft opinion
Paragraph 3
Paragraph 3
3. 3. Stresses that the four areas assessed in the 27 country chapters of the Commission’s 2021 rule of law report (the justice system, the anti-corruption framework, media pluralism, and other institutional checks and balances) are key interdependent pillars for upholding the rule of law, fighting fraud and corruption and protecting the Union’s financial interests; is of the opinion that other important elements of the Venice Commission’s 2016 Rule of Law Checklist should be included into the evaluation, particularly a chapter on shrinking civic space; welcomes the evaluation of the effects of COVID-19 on the four issues assessed; highlights the importance of continuing this evaluation in future annual rule of law reports; points out that COVID- 19 pandemic has shortened legislative processes and reduced parliamentary debate and shortened or stopped consultation of civil society and other stakeholders;
Amendment 25 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that the European Union should lead by example in its respect for the rule of law principles; reiterates therefore its call to the European Commission include in its annual Rule of Law Report an assessment of the EU institutions’ performance in the areas addressed by the report, where applicable;
Amendment 32 #
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that corruption prevention policies cover many fields, typically including ethical rules, awareness-raising measures, rules on asset disclosures, incompatibilities and conflicts of interest, internal control mechanisms, rules on lobbying, and revolving doors; reiterates the role of national measures in preventing fraud and corruption; calls on further corruption prevention measures on European level including transparency of ownership structures, prohibition of involvement of offshore or shell companies into the spending of European funds; reiterates the role of national measures in preventing fraud and corruption but considers that the EU institutions need to be fully equipped to prevent and investigate fraud and corruption;
Amendment 36 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes with great concern the deteriorating situation of freedom of expression, protection of the right to information, and protection of journalists in 2021 compared to 2020 according to the Media Pluralism Monitor; recalls that media pluralism and media freedom is essential for the protection of the EU’s financial interests as investigative journalism is often at the source of the identification of issues such as corruption, fraud, or conflicts of interest in the use of EU funds;
Amendment 37 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Deeply regrets the fact that the safety of journalists across the EU has been deteriorating in 20201a; highlights the key role of investigative journalists in the fight against corruption, fraud and illegal activities that negatively impact the EU budget; reiterates in this regard the need to protect investigative journalists from strategic lawsuits against public participation (SLAPPs) through a strong EU-wide legal framework, as well as against personal harassment, intimidation and threats to life in order to assure freedom of expression and the right to information and safeguard the journalistic profession. _________________ 1ahttps://rm.coe.int/final-version-annual- report-2021-en-wanted-real-action-for- media-freed/1680a2440e
Amendment 41 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Is concerned about the Commission’s 2021 Rule of Law Report’s findings that, in some countries, the state- sponsored harassment and intimidation of the LGBTI organisations is affecting their ability to access funding; calls on the Commission to take a closer look at the issue and to make sure that the non- discrimination principle governing the access to EU funds is fully complied with, everywhere in the EU; considers that these findings reinforce the long-standing position of Parliament that the scope of the Rule of Law report should be broadened to include all Article 2 TEU values;
Amendment 45 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 48 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to use the Commission’s annual rule of law reports and its findings to resolutely fight against systemic corruption and devise all effective instruments available under EU financial legislation and the applicable sector- specific and financial rules for preventing, combating and sanctioning corruption and fighting fraud, as well as for regularly monitoring the use of public funds, including recovery and resilience facility funds.
Amendment 53 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Regrets the fact that the report fails to clearly recognise the deliberate process of the rule of law backsliding in Poland and Hungary which can result in further backsliding not only in the above mentioned Member States but it seriously risk affecting other Member States in the Union as well;