20 Amendments of Victor BOŞTINARU related to 2018/0136(COD)
Amendment 7 #
Proposal for a regulation
Citation 3 a (new)
Citation 3 a (new)
Having regard to the resolution of the European Parliament of 25 October 2016, with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights,
Amendment 18 #
Proposal for a regulation
Recital 12
Recital 12
(12) The identification of a generalised deficiency requires a qualtransparent and impartial assessment - at the initiative assessment by the Commission. That of the Commission in duly justified cases - by an independent panel of experts, the composition of which should follow the resolution of the European Parliament of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights. The assessment cshould be based on the information from all available sources and recognized institutions, including judgments of the Court of Justice of the European Union, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations and networks, such as the bodies of the Council of Europe and the European networks of supreme courts and councils for the judiciary.
Amendment 22 #
Proposal for a regulation
Recital 13
Recital 13
(13) The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determinedclear, and should ensure equal criteria and equal treatment among all Member States. Those measures should include the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients.
Amendment 28 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilita and after the adoption of decisions which are required to protect the financial interests of the Union, reversed qualified majority voting should be usedpproval of the proposal by the European Parliament.
Amendment 33 #
Proposal for a regulation
Recital 16
Recital 16
(16) Before proposing the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned of the outcome of the evaluation undertaken by the independent panel of experts, and why it considers that a generalised deficiency regarding the rule of law might exist in that Member State. The Member State should be allowed to submit its observations. The Commission, the Parliament and the Council should take those observations into account.
Amendment 37 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 43 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) 'independent panel of experts' is to be considered as referred to in the resolution of the European Parliament of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights.
Amendment 67 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. One or more of tThe following appropriate measures may be adopted:
Amendment 70 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 86 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 90 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where the Commission finds that it has reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall ask for an assessment by the independent panel of experts, and send a written notification to thate Member State concerned, setting out the grounds on which it based its finding. The Commission shall also inform the European Parliament and the Council of this notification.
Amendment 95 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The Commission shall provide all the necessary guarantees to ensure that the same criteria are applied to all Member States, in line with the principles of equal treatment and non- discrimination, in assessing the rule-of- law situation. It shall ensure that the same measures are taken in comparable cases.
Amendment 101 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commissionindependent panel of experts may take into account all relevant information, including decisions of the Court of Justice of the European Union, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations.
Amendment 104 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission and the independent panel of experts may request any additional information required for its assessment, both before and after having made a finding pursuant to paragraph 1.
Amendment 106 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The Commission shall take into account the assessment by the independent panel of experts, the information received and any observations made by the Member State concerned, as well as the adequacy of any proposed remedial measures, when deciding whether or not to submit a proposal for a decision on the appropriate measures.
Amendment 109 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing act onon the appropriate measures to the European Parliament. If the European Parliament, acting by majority of the votes cast, gives its consent to the appropriate measuresosal, the Commission shall submit a proposal for an implementing act to the Council.
Amendment 117 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The decision shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the Commission proposal within one month of its adopttransmission by the Commission, or it shall be deemed to have been rejected.
Amendment 119 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
Amendment 123 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall assessand the independent panel of experts shall assess within one month the situation in the Member State concerned. OnceIf the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures were adopted cease to exist in full or in part, the Commission shall submit to the Council a proposal for a decision lifting those measures in full or in part. The procedure set out in paragraphs 2, 4, 5, 6 and 75 of Article 5 shall apply. The decision shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the Commission proposal within one month of its adoption by the Commission.
Amendment 126 #
Proposal for a regulation
Article 7
Article 7