Activities of Enrique GUERRERO SALOM related to 2018/0136(COD)
Shadow opinions (1)
OPINION 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
Amendments (25)
Amendment 29 #
Proposal for a regulation
Recital 1
Recital 1
(1) The rule of law is one of the essential values upon which the Union is founded. As recalled by Article 2 of the Treaty on European Union, these values are common to the Member StatesRespect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, are the essential values upon which the Union is founded. These values are common to the Member States in a society in which pluralism, non- discrimination, tolerance, justice, solidarity and equality between women and men prevail. These values are enshrined in Article 2 of the Treaty on European Union and in the criteria for Union membership as recalled by Article 49 of the Treaty.
Amendment 31 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) In accordance with Article 2 and 7 of the Treaty on European Union, the Member States and the institutions of the Union are obliged to respect, protect and promote the principles and values referred to therein.
Amendment 32 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1 b) Member States shall duly and sincerely cooperate to take on the obligations of Union membership as recalled in the Treaty on the European Union.
Amendment 45 #
Proposal for a regulation
Recital 12
Recital 12
(12) The identification of a generalised deficiency requires a qualitative assessment by the Commission. That assessment could 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, resolutions of the European Parliament 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 49 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) It is essential that the legitimate interests of the final recipients and beneficiaries are properly safeguarded when measures are adopted in the event of generalised deficiencies. The Commission should take into account the potential impact on final recipients and beneficiaries when considering the measures to be adopted. To strengthen the protection of the final recipients or beneficiaries, the Commission should actively monitor the respect of the legal obligation of the Member States to continue making payments after adopting measures in accordance with this Regulation, and inform the final recipients or beneficiaries of their rights in case any infringements occur.
Amendment 50 #
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 usedmmission.
Amendment 53 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) In view of their effect on the Union's budget, measures imposed pursuant to this Regulation should only enter into force after the European Parliament and the Council have approved a transfer to a budgetary reserve of an amount equivalent to the value of the measures adopted. To facilitate the adoption of decisions which are required to protect the financial interest of the Union, that transfer should be considered adopted unless, within a set period, the European Parliament or the Council, the latter acting by a qualified majority, amend or reject it.
Amendment 55 #
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 why it considers that a generalised deficiency regarding the rule of law might exist in that Member State. The Commission should immediately inform the European Parliament and the Council about the notification and its content. The Member State concerned should be allowed to submit its observations. The Commission and the Council should take those observations into account.
Amendment 57 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Councilmmission should lift measures with suspensive effect onand send a proposal from the Commissto the European Parliament and the Council to lift in full or in part the budgetary reserve of the measures in question, if the situation leading to the imposition of those measures has been sufficiently remedied.
Amendment 59 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 61 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) 'the rule of law' refersshall be understood having regard to the Union values enshrined in Article 2 of the Treaty on European Union whichand the membership criteria; it includes the principles of legequality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; effective judicial protection by independent courts, including of fundamental rights; separation of powers and equality before the law;
Amendment 63 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) 'generalised deficiency as regards the rule of law' means a widespread or recurrent practice or omission, or measure by public authorities which affects the rule of lawvalues of democracy, the rule of law and respect for human rights, including the rights of persons belonging to minorities;
Amendment 69 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the proper functioning of investigation and public prosecution services in relation to the prosecution of fraud, including tax fraud,corruption or other breaches of Union law relating to the implementation of the Union budget;
Amendment 73 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(e a) the prevention and sanctioning of tax evasion and the proper functioning of authorities contributing to administrative cooperation in tax matters;
Amendment 79 #
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(c a) endangering the ability of a Member State to respect the obligations of Union membership, including the capacity effectively to implement the rules, standards and policies that constitute the body of Union law;
Amendment 91 #
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 measures 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. The Commission shall actively monitor whether the legal entitlements of final recipients or beneficiaries are respected. If the Commission finds evidence that the Member State is not fulfilling its obligation to secure the payments and legitimate interests of final recipients or beneficiaries, it shall take all appropriate measures to assist those recipients or beneficiaries in enforcing their claims.
Amendment 96 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission may take into account all relevant information, including decisions of the Court of Justice of the European Union, reports of the Court of Auditors, resolutions of the European Parliament and conclusions and recommendations of relevant international organisations.
Amendment 98 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Member State concerned shall provide all required information and may make observations within a time limit specified by the Commission, which shall not be less than 1 month or more than 3 months from the date of notification of the finding. In its observations, the Member State may propose the adoption of remedial measures.
Amendment 99 #
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 foradopt a decision on the appropriate measures.
Amendment 100 #
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 measures to the Counciladopt a decision on the appropriate measures to the European Parliament and the Council by means of an implementing act.
Amendment 103 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6 a. At the same time as it adopts its decision, the Commission shall submit to the European Parliament and the Council a proposal to transfer to a budgetary reserve and amount equivalent to the value of the measures adopted. By way of derogation from paragraphs 4 and 6 of Article 31 of the Financial Regulation, the European Parliament and the Council shall deliberate upon the transfer proposal within four weeks of its receipt by both institutions. The transfer proposal shall be considered to be approved unless, the Parliament acting by a majority of the votes cast, or the Council acting by qualified majority, amend or reject it. The decision shall enter into force if neither the European Parliament nor the Council reject the transfer proposal within this period.
Amendment 108 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 111 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
Amendment 115 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall assess the situation in the Member State concerned. Once 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 liftingadopt a decision lifting those measures in full or in part. At the same time, the Commission shall submit to the European Parliament and the Council a proposal to lift in full or in part, the budgetary reserve referred to those measures in full or in partadopted. The procedure set out in paragraphs 2, 4, 5, 6 and 76a of Article 5 shall apply.
Amendment 117 #
Proposal for a regulation
Article 7
Article 7