Activities of Dennis de JONG related to 2018/0136(COD)
Shadow reports (1)
REPORT on the proposal for a regulation 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 PDF (1 MB) DOC (182 KB)
Amendments (17)
Amendment 56 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) In accordance with Article 7 TEU, the Union has the possibility to act in cases of there being a clear risk of a serious breach by a Member State of the values referred to in Article 2 TEU. Member States, Union institutions, bodies, office and agencies, as well as candidate countries are obliged to respect, protect and promote those principles and values.
Amendment 73 #
Proposal for a regulation
Recital 7
Recital 7
(7) The independence of the judiciary presupposes, in particular, that the body concerned is able to exercise its judicial functions wholly autonomously, without being subject to any hierarchical constraint or subordinated to any other body, and without taking orders or instructions from any source whatsoever, and that it is thus protected against external interventions or pressure liable to impair the independent judgment of its members and to influence their decisions. The guarantees of independence and impartiality require rules, particularly as regards the composition of the body and the appointment, length of service and the grounds for abstention, rejection and dismissal of its members, in order to dismiss any reasonable doubt in the minds of individuals as to the imperviousness of that body to external factors and its neutrality with respect to the interests before it.
Amendment 111 #
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 facilitate the adoption of decisions which are required to protect the financial interests of the Union, reversed qualified majority voting should be used.
Amendment 114 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In order to ensure a swift decision on the measures which are required to protect the financial interests of the Union, provisional application should be made possible in the event of protracted discussions in the Council.
Amendment 138 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Appropriate measuresMeasures referred to in Article 4 shall be taken where a generalised deficiency as regards the rule of law in a Member State affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union, in particular:
Amendment 150 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) the effective and timely cooperation with the European Anti-fraud Office and, subject to the participation of the Member State concerned, with the European Public Prosecutor’s Office in their investigations or prosecutions pursuant to their respective legal acts and to the principle of loyal cooperation.
Amendment 159 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Amendment 163 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. OWhen the conditions of Article 3 are fulfilled, one or more of the following appropriate measures may be adopted
Amendment 189 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Unless the decision adopting the measures provides otherwise, the imposition of appropriate measuresThe imposition of the measures referred to in paragraph 1 shall not affect the obligation of government entities referred to in point (a) of paragraph 1 or of Member States referred to in point (b) of paragraph 1 to implement the programme or fund affected by the measure, and in particular the obligation to make payments to final recipients or beneficiaries. Article 68, paragraph 1, point b of Regulation (EU, Euratom) No XXXX (Common Provisions Regulation) shall not apply.
Amendment 193 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The measures taken shall be proportionate to the nature, gravity, duration and scope of the generalised deficiency as regards the rule of law. They shall, insofar as possible, target the Union actions affected or potentially affected by that deficiency.
Amendment 208 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The Commission shall take into account 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 measuresany of the measures referred to in Article 4.
Amendment 214 #
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 on the appropriate measuresmeasures referred to in Article 4 to the Council.
Amendment 217 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. At the same time as it adopts its proposal for an implementing act, as referred to in paragraph 6 of this Article, the Commission shall submit to the European Parliament and to the Council a proposal to transfer to a budgetary reserve an amount equivalent to the value of the measures adopted.
Amendment 222 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 231 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The Council, acting by a qualified majority, may amenddopt the Commission’s proposal and adopt the amended text, amended or otherwise, as a Council decision.
Amendment 232 #
Proposal for a regulation
Article 5 – paragraph 8 a (new)
Article 5 – paragraph 8 a (new)
8a. Where the Council reaches no decision within two months after the submission of the proposal by the Commission referred to in paragraph 6 of this Article, and until such time as the Council has decided, the Commission shall be empowered to apply the proposed measures provisionally.
Amendment 234 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Member State concerned may, at any time, submit to the Commission evidence to show that the generalised deficiency as regards the rule of law has sufficiently been remedied or has ceased to exist.