[ParlTrack]

Motion for a resolution
Citation 14 a (new)

- having regard to its resolution of 25 October 2016 containing recommendations to the Commission on the establishment of an EU mechanism for democracy, the rule of law and fundamental rights,

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Citation 14 b (new)

- having regard to Articles 267 and 288 of the Treaty on the Functioning of the European Union,

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Recital B a (new)

Ba. whereas the values enshrined in Article 2 of the Treaty on European Union are the cornerstone of the Union's foundations and the observance of these values by Member States should therefore be the subject of constant evaluation;

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Recital C a (new)

Ca. whereas the Union has a number of instruments and processes to ensure the full and correct application of the principles and values enshrined in the Treaty, but in practice these instruments appear to be of limited scope, inadequate or ineffective;

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Recital C b (new)

Cb. whereas it is therefore necessary to establish a new mechanism, providing a single and coherent framework, building on existing instruments and mechanisms, which should be applied in a uniform manner to all EU institutions and all its Member States;

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Recital G

G. whereas in 2015, the Commission received 3 450 complaints reporting potential breaches of EU law~~, with Italy (637), Spain (342) and Germany (274) being the Member States against which the most complaints were filed~~;

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Paragraph 4 a (new)

4a. Recalls its resolution of 25 October 2016 and calls on the Commission to act on the Parliament's recommendations in this resolution;

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Paragraph 8

8. Stresses that the Memoranda of Understanding, even if Member States are obliged thereunder to take austerity measures, are not considered as EU acts, with the result that the CFREU is not applicable to them7 ; _________________ 7 See inter alia: ECJ judgment of 27 November 2012, Pringle, C-370/12, EU:C:2012:756, paragraphs 161 and 178 ff.deleted

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Paragraph 9

9. Highlights that all EU institutions~~, even when they act as members of groups of international lenders (‘troikas’),~~ are bound by the EU Treaties and the CFREU8 ; _________________ 8 ECJ judgment of 20 September 2016 - Ledra Advertising Ltd (C-8/15 P), Andreas Eleftheriou (C-9/15 P), Eleni Eleftheriou (C-9/15 P), Lilia Papachristofi (C-9/15 P), Christos Theophilou (C-10/15 P), Eleni Theophilou (C-10/15 P) v European Commission, European Central Bank (Joined Cases C-8/15 P to C-10/15 P), paragraphs 67 ff.; ~~OJ C 171, 26.5.2015, p. 7.~~

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Paragraph 10

10. Notes that whilst the European Stability Mechanism Treaty (ESM Treaty) entrusts the Commission and the ECB with certain tasks relating to the implementation of the objectives of that treaty, the duties conferred on the Commission and the ECB under it do not entail any power to make decisions of their own and, moreover, the activities pursued by those two institutions within the ESM Treaty commit the ESM alone9 ; _________________ 9 Ibid, par. 51.deleted

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Paragraph 11

11. Reiterates that the tasks allocated to the Commission or other EU institutions by the ESM Treaty (or other relevant treaties) oblige them, as provided in Article 13(3) and (4) thereof, to ensure that the Memoranda of Understanding concluded under the aforementioned treaties are consistent with EU law; stresses that as a result, EU institutions should refrain from signing a memorandum of understanding whose consistency with EU law they doubt10 ; _________________ 10ibid., paragraphs 58 ff.; see, to that effect, judgment of 27 November 2012, Pringle, C-370/12, EU:C:2012:756, paragraph 164.deleted

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Paragraph 12

12. Regrets that the annual reviews by the Commission, the ECB and the Council of economic adjustment programmes for members of the euro area have imposed on EU Member States obligations which in some cases run counter to the objectives and values of the Union as expressed in the EU Treaties and the CFREU11 ; _________________ 11See inter alia: Ghailani, D. (2016), ‘Violations of fundamental rights: collateraldamage of the Eurozone crisis?’, in Vanhercke, B., Natali, D. and Bouget, D. (eds.), ‘Social Policy in the European Union: State of Play 2016’, Brussels, European Trade Union Institute (ETUI) and European Social Observatory (OSE) - http://www.ose.be/files/publication/OSEP aperSeries/Ghailani_2016_OseResearchP aper32EN.pdf; and ‘The impact of the crisis on fundamental rights across Member States of the EU - Comparative analysis’, study for the Committee on Civil Liberties, Justice and Home Affairs, 2015 - http://www.europarl.europa.eu/RegData/e tudes/STUD/2015/510021/IPOL_STU%28 2015%29510021_EN.pdfdeleted

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Paragraph 13

13. Expresses its concern that the austerity measures which EU institutions imposed on over-indebted EU Member States, in particular the drastic cuts in public spending, have had the effect of reducing significantly the capacity of Member States’ administration and judiciary to assume their responsibility to implement EU law correctly;deleted

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Paragraph 15

15. Encourages the EU institutions to assume their duty to respect primary EU law when they create rules of secondary EU law, decide policies or sign agreements or treaties with institutions outside the EU, and also to assume their duty to assist EU Member States by all means available in their efforts to respect the values and principles of the Union, especially ~~in times of austerity and budgetary constraint~~especially with respect to recent developments in some Member States;

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Paragraph 15 a (new)

15a. Notes that the legislation which gives rise to the most flagrant infringement proceedings is the result of directives; recalls that regulations are directly and compulsorily applicable in all the Member States; calls, therefore, on the Commission to make use of regulations as far as possible whenever it considers issuing legislative proposals; considers that such an approach could mitigate the risk of over-regulation;

2017/03/10
Committee: JURI

Jean-Marie CAVADA

Motion for a resolution
Paragraph 15 b (new)

15b. Recalls that preliminary rulings help to clarify the manner in which the law of the European Union is to be applied; considers that recourse to this procedure allows a uniform interpretation and implementation of European legislation; encourages, therefore, national courts to refer questions to the Court of Justice of the European Union in the event of doubt and thus prevent infringement proceedings;

2017/03/10
Committee: JURI

Activities of Jean-Marie CAVADA related to 2017/2011(INI)

Legal basis opinions (0)

Amendments (16)

ParlTrack - 2011-2024