Activities of Jean LAMBERT related to 2018/0208(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Justice programme PDF (392 KB) DOC (175 KB)
Amendments (14)
Amendment 44 #
Proposal for a regulation
Recital 2
Recital 2
(2) These rights and values must continue to be promoted andactively cultivated, protected, promoted by the Union and each Member State in all their policies in a consistent way as well as enforced, and shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, as the deterioration of those rights and values in any Member State can have detrimental effects on the Union as a whole. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, non- discrimination, and the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the RightsCitizens, Rights, Equality and Values Programme will bring together the 2014- 2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10 and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council11 . The Justice programme (hereafter the 'Programme') will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014- 2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council12 (hereafter 'the predecessor Programme'). _________________ 10 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 11 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p.3) 12 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).
Amendment 47 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal, open, inclusive and democratic society. That includes a vibrant by funding activities that promote a vibrant, well-developed, resilient and empowered civil society, encouraging people’s democratic, civic and social participation and to fostering the rich diversity of European society, also based on our common history and memory. Article 11 of the EU Treaty further specifirequires that the institutions shall maintain an open, transparent and regular dialogue with civil society and shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 50 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The Commission should ensure a regular, open and transparent dialogue with the beneficiaries of the Programme and other relevant stakeholders through the setting up of a Civil Dialogue Group. The Civil Dialogue Group should contribute to the exchange of experiences and good practices and to the discussion of policy developments within the fields and objectives covered by the Programme and related fields. The Civil Dialogue Group should consist of organisations which have been selected to receive an operating or action grant under the Programme and of other organisations and stakeholders which have expressed an interest in the Programme or work in this policy area but are not necessarily supported by the Programme.
Amendment 59 #
Proposal for a regulation
Recital 7
Recital 7
(7) RFull respect forand promotion of the rule of law is essential for a high level of mutual trust in the area of justice and home affairs, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.
Amendment 74 #
Proposal for a regulation
Recital 11
Recital 11
(11) Measures under the Programme should support enhanced mutual recognition of judicial decisions and judgments, access to justice and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases and greater convergence in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra- judicial procedures in benefit of all parties in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.
Amendment 93 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) Mechanisms to ensure a link between Union funding policies and Union values should be further refined, allowing the Commission to make a proposal to the Council to transfer resources allocated to a Member State under shared management to the Programme where that Member State is subject to procedures relating to Union values. A comprehensive Union mechanism on democracy, rule of law and fundamental rights should guarantee the regular and equal review of all Member States, providing the necessary information for the activation of measures related to general deficiencies of Union values in Member States. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to ensure effective action, reversed qualified majority voting should be used.
Amendment 94 #
Proposal for a regulation
Recital 20
Recital 20
(20) Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees and demands full transparency on the use of resources, sound financial management and prudent use of resources. In particular, rules concerning the possibility for local, regional, national and transnational civil society organisations to be funded through multiannual operating grants, cascading grants, provisions ensuring fast and flexible grant-making procedures, such as a two-step-application procedure, user- friendly applications and reporting procedures should be operationalised and further strengthened as part of the implementation of this Programme.
Amendment 95 #
Proposal for a regulation
Recital 21
Recital 21
(21) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, the size and capacity of relevant stakeholders and targeted beneficiaries, and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates and, unit costs, as well as and cascading grants, as well as co-funding criteria which take into account volunteer work and financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.
Amendment 105 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as defence and prosecution lawyers, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers.
Amendment 120 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to facilitate effective access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of all victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.
Amendment 127 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Resources allocated to Member States under shared management may, at their request, or at the request of the Commission, be transferred to the Programme. The Commission shall implement those resources directly in accordance with Article 62(1)(a) of the Financial Regulation or indirectly in accordance with Article 62(1)(c). Where possible those resources shall be used for the benefit of the Member State concerned.
Amendment 128 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Emergency assistance 1. The programme shall provide financial assistance to address urgent and specific needs in the event of an emergency situation in the following cases: (a) where a serious and rapid deterioration of the situation in a Member State as regards compliance with Union values in Article 2 TEU occurs; (b) where the Commission activates the EU Rule of Law Framework; (c) where one third of the Member States, the European Parliament or the Commission submits a reasoned proposal to the Council in accordance with Article 7(1) TEU to determine that there is a clear risk of a serious breach by the Member State concerned of the values referred to in Article 2 TEU; (d) where one third of the Member States or the Commission submits a reasoned proposal to the European Council in accordance with Article 7(2) TEU to determine the existence of a serious and persistent breach by that Member State of the values referred to in Article 2 TEU. 2. The Commission shall allocate at least 5% of the resources referred to in Article 6(2)(-a) to emergency assistance. At the end of every budgetary year, the Commission shall transfer any possibly non-committed emergency assistance to non-emergency actions. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 16 to allocate emergency assistance. The emergency allocation shall be based on a comprehensive, regular and evidence-based monitoring and evaluation of the situation in all Member States as regards democracy, rule of law and fundamental rights. 4. In the cases listed in points (b), (c) and (d) of paragraph 1, in addition to the emergency assistance, resources allocated to a Member State under shared management may be transferred to the Programme. The Commission shall implement these resources directly in accordance with point (a) of Article 62(1) of the Financial Regulation. Where possible, those resources shall be used for the benefit of the Member State concerned. The Commission may make a proposal to the Council to transfer the resources in accordance with this paragraph after consulting the European Parliament. A proposal by the Commission shall be deemed adopted by the Council unless the Council decides, by means of an implementing act, to reject such a proposal by qualified majority within one month of the submission of the Commission proposal. 5. The Commission shall keep the European Parliament informed of the implementation of this article. In particular, the Commission shall, when one of the conditions set out in paragraph 1 is fulfilled for a Member State, immediately inform the European Parliament and, in the cases listed in points (b), (c) and (d) of paragraph 1, provide details of the Funds and programmes which could be subject to a transfer of resources. The European Parliament may invite the Commission for a structured dialogue on the application of this article.
Amendment 135 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, primarily through action grants as well as annual and multiannual operating grants. That funding shall ensure sound financial management, prudent use of public funds, lower levels of administrative burden for the Programme operator and for beneficiaries, as well as accessibility of the Programme funds to potential beneficiaries. It may use lump sums, unit costs, flat rates, cascading grants (financial support to third parties). Co- funding shall be accepted in kind and may be waived in cases of limited complementary funding.
Amendment 140 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
In line with Article 11(2) of the Treaty on the European Union, the Commission shall set up a “Civil Dialogue Group” aimed at ensuring a regular, open and transparent dialogue with the beneficiaries of the Programme and other relevant stakeholders in order to exchange experiences and good practices and to discuss policy developments within the fields and objectives covered by the Programme and related fields.