87 Amendments of Monika HOHLMEIER related to 2015/2254(INL)
Amendment 10 #
Motion for a resolution
Citation 4
Citation 4
— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality;
Amendment 51 #
Motion for a resolution
Citation 19
Citation 19
Amendment 55 #
Motion for a resolution
Citation 20
Citation 20
Amendment 61 #
Motion for a resolution
Citation 21
Citation 21
Amendment 69 #
Motion for a resolution
Citation 22
Citation 22
Amendment 95 #
Motion for a resolution
Recital C
Recital C
C. whereas all Member States, the institutions of the Union and candidate countries share obliged to uphold those principles and values, and they have the duty of loyal cooperationprinciples and values which result from the constitutional traditions coming from the Member States;
Amendment 99 #
Motion for a resolution
Recital D
Recital D
D. whereas respect for the rule of law within the Union is a precondition for mutual recognition and trust, and a key factors for policy areas such as the internal market, police and justice cooperation, the Schengen area, and asylum and migration policies, and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights are a serious threat to the stability, security and prosperity of the Unionthe monetary union and the common area of freedom, security and justice;
Amendment 107 #
Motion for a resolution
Recital E
Recital E
E. whereas the EU shall respect the equality of Member States before the Treaties as well as their national identities; Whereas the EU is based on a common set of core values and principles; Whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a resulshould be the basis for political decisions, independent of different political majorities; and resist temporary changes
Amendment 146 #
Motion for a resolution
Recital I
Recital I
I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption highlightestimates that integrating existing EU monitoring mechanisms into a broader Rule of Law monitoring framework wouldmight result in cost savings of € 70 billion annually;
Amendment 160 #
Motion for a resolution
Recital J
Recital J
J. whereas the failure of a candidate countryies need to meet the required standards results in a delay offor the accession to the Union, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice; Whereas for negative developments in a Member State or breaches of the rule of law in the Union, the EU has limited possibilities to act;
Amendment 172 #
Motion for a resolution
Recital K
Recital K
K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and w; Whereas all Member Statesn analysis and verification of the Member States' compliance with those criteria should therefore be assessprovided on a regular basis in order to verify their continued compliance with the Union's common values;.
Amendment 181 #
Motion for a resolution
Recital L
Recital L
L. whereas there are few existing instruments to correct legislative and executive policy decisions by the institutions of the Union should be properly applied and enforced;
Amendment 183 #
Motion for a resolution
Recital M
Recital M
M. whereas the Court of Justice of the European Union (CJEU) has recently issued various rulingsrulings confirming, correcting or invalidating certain Union laws, Commission Decisions or legislative practices, for being in breach of the Charter of Fundamental Rights or contrary to Treaty principles on transparency and access to documents, but in several cases the institutions of the Union fail to; Whereas the Commission should, within its legislative powers, find the proper balance between different fundamental rights and fully comply with the letter and the spirit of the rulings;
Amendment 198 #
Motion for a resolution
Recital P
Recital P
P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadeq; whereas the existing instruments should be applied and enforced and, if necessary, evaluated and ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countriescomplemented in the framework of a rule of law mechanism to be adequate and effective;
Amendment 209 #
Motion for a resolution
Recital S
Recital S
S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliancerecent developments in some Member States raise concerns whether the rule of law is still upheld throughout the EU;
Amendment 218 #
Motion for a resolution
Recital T
Recital T
T. whereas in situations where a Member State no longer guarantee respect for DRFcases of breaches of the rule of law, the Union and itsthe Member States shave a duty toll protect the rights of the residents of that Member Stateintegrity and application of the Treaties;
Amendment 239 #
Motion for a resolution
Recital V
Recital V
V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing, respecting the principle of subsidiarity, necessity and proportionality; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;
Amendment 265 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;
Amendment 276 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Union; with respect to the principles of subsidiarity, necessity and proportionality;
Amendment 286 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that the Member States are obliged to cooperate with each other and the EU, based on the principles of mutual trust and sincere cooperation;
Amendment 288 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the establishment of an inter-parliamentary debate in order to sort out as much as possible misunderstandings, maladministration and incorrect implementation via a structured dialogue;
Amendment 299 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Invites the European Ombudsman to issue, as part of its annual report, specific recommendations to the institutions of the Union in the field of DRF;Commission to analyse recommendations of the European Ombudsman to the institutions of the Union and the Member States in the field of fundamental rights and rule of law.
Amendment 305 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 319 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to develop and implement an awareness raising campaign, providing information about citizens'fundamental rights, to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Unionhe rule of law and the possibility to enforce those rights;
Amendment 324 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 338 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;
Amendment 348 #
Motion for a resolution
Paragraph 9 – introductory part
Paragraph 9 – introductory part
9. Considers, furthermore, that any future Treaty revision should include the following changes:if in the future further Treaty changes would be considered, the attention should be drawn - to Article 2 and the fulfilment of the Member States' obligation to protect the fundamental values the EU is based upon - to the consideration of further mechanisms how the rule of law could be strengthened or, if breaches appear, how the rule of law could be re-established while respecting national competences and sovereignty; - to a possible revision of Article 7, in order to make sanctions against Member States relevant and applicable;
Amendment 351 #
Motion for a resolution
Paragraph 9 – indent 1
Paragraph 9 – indent 1
Amendment 361 #
Motion for a resolution
Paragraph 9 – indent 2
Paragraph 9 – indent 2
Amendment 364 #
Motion for a resolution
Paragraph 9 – indent 3
Paragraph 9 – indent 3
Amendment 372 #
Motion for a resolution
Paragraph 9 – indent 4
Paragraph 9 – indent 4
Amendment 379 #
Motion for a resolution
Paragraph 9 – indent 5
Paragraph 9 – indent 5
Amendment 385 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that existing tools and mechanisms for enforcement of rights should be properly applied and strengthened if possible breaches appear;
Amendment 386 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers that the existing tools for rule of law monitoring, reporting and assessment should be further streamlined; Considers that a common platform could be established where all information sources are included and made public;
Amendment 390 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Confirms that the recommendations must respect fundamental rights and the principle of subsidiarity;
Amendment 398 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that any financial implications of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as well as for citizens, the adoption and implementation of those proposals wcould lead to substantial cost and time savings, and willcould thus be beneficial both in economic and social terms;
Amendment 408 #
Motion for a resolution
Annex – Citation 3
Annex – Citation 3
– having regard to Article 4(3) and Article 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union and Protocol No 2 on the application of the principles of subsidiarity and proportionality,
Amendment 426 #
Motion for a resolution
Annex – Citation 18
Annex – Citation 18
Amendment 429 #
Motion for a resolution
Annex – Citation 19
Annex – Citation 19
Amendment 433 #
Motion for a resolution
Annex – Citation 20
Annex – Citation 20
Amendment 435 #
Motion for a resolution
Annex – Citation 21
Annex – Citation 21
Amendment 437 #
Motion for a resolution
Annex – Citation 24
Annex – Citation 24
Amendment 440 #
Motion for a resolution
Annex – Recital 1
Annex – Recital 1
(1) Whereas there is a need for a democracy, rule of law and fundamental rights (DRF) mechanism that is objective, evidence-based and applied equally and fairly to all Member States, while respecting the principle of subsidiarity, necessity and proportionality and that includes both the preventative and the corrective dimension;
Amendment 452 #
Motion for a resolution
Annex – Recital 7
Annex – Recital 7
(7) Whereas there are several instruments for addressing the risk of a serious breach of Union values but they lack clear and objective benchmarks;
Amendment 460 #
Motion for a resolution
Annex – Article 2
Annex – Article 2
The core elements of the Union Pact on DRF shall consist of the DRF Scoreboard, the DRF Semester, including an a European Report with country-specific recommendations (the Report) and incorporating, where possible, the reporting of the FRA, the Council of Europe, and other relevant authorities in the field, a bi-annual inter-parliamentary debate on the basis of that ScoreboardReport, and arrangements for remedying possible risks and breaches, as provided for by the Treaties and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union;
Amendment 463 #
Motion for a resolution
Annex – Article 3
Annex – Article 3
The DRF Semester shall be expanded toUnion Pact on DRF shall incorporate the Commission's Rule of Law Framework and the Council's Rule of Law Dialogue into a single Union instrument;
Amendment 465 #
Motion for a resolution
Annex – Section I
Annex – Section I
DRF ScoreboardEuropean Report
Amendment 470 #
Motion for a resolution
Annex – Article 4
Annex – Article 4
An bi-annual scoreboardReport on the state of DRF in the Member States shall be elaborated by an independent panel of experts and adopted by the Commissionshall be forwarded to the Commission, which shall transmit it to the European Parliament, the Council, and the national parliaments while at the same time assessing the recommendations of the panel. Those reports shall be made available to the public;
Amendment 475 #
Motion for a resolution
Annex – Article 5
Annex – Article 5
The DRF ScoreboardReport shall incorporate, replace and complete existing instruments, in particular the Justice Scoreboard, the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania, the Media Pluralism Monitor, the anti- corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU) and replace the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania;
Amendment 479 #
Motion for a resolution
Annex – Article 6 – introductory part
Annex – Article 6 – introductory part
The DRF ScoreboardReport shall be drawn up using a variety of sources, and the existing tools for assessment, reporting and monitoring of Member States’ activities including:
Amendment 490 #
Motion for a resolution
Annex – Article 6 – paragraph 1 a (new)
Annex – Article 6 – paragraph 1 a (new)
All the contributions from the above- mentioned sources shall be made available to the public on the websites of the panel or the Commission.
Amendment 493 #
Motion for a resolution
Annex – Article 7
Annex – Article 7
Amendment 496 #
Motion for a resolution
Annex – Article 8 – introductory part
Annex – Article 8 – introductory part
The Scoreboard shall be based on a set of indicators in three categories,Report shall be presented in a harmonised format and accompanied by country-specific reports. commendations and shall be elaborated with a specific focus on:
Amendment 501 #
Motion for a resolution
Annex – Article 8 –point 8.1
Annex – Article 8 –point 8.1
Amendment 511 #
Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part
Annex – Article 8 – point 8.2 – introductory part
Amendment 516 #
Motion for a resolution
Annex – Article 8 – point 8.2 – indent 7
Annex – Article 8 – point 8.2 – indent 7
– Title I -V of the Charter
Amendment 519 #
Motion for a resolution
Annex – Article 8 – point 8.3 – indent 1
Annex – Article 8 – point 8.3 – indent 1
Amendment 523 #
Motion for a resolution
Annex – Article 9 – introductory part
Annex – Article 9 – introductory part
The assessment of the state of DRF in the Member States, as well as the development of country-specific draft recommendations, shall be carried out by a broad and representative panel of independent experts ('DRF expert panel'), on the basis of a quantitative and qualitative review of the data and information available.
Amendment 529 #
Motion for a resolution
Annex – Article 9 – point 9.1
Annex – Article 9 – point 9.1
The DRF expert panel shall be composed of the following members: – one independent expert designated by each Member State; – ten academic experts designated by the federation of All European Academies (ALLEA); – ten experts designated by the European Network of National Human Rights Institutions (ENNHRI); – two experts each designated by the Venice Commission and the Council of Europe Human Rights Commissioner; – CEPEJ; – United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).one member designated by the parliament of each Member State. Members of the expert panel shall be representatives of the constitutional courts, where applicable, or members of the respective supreme national courts with appropriate expertise to participate in such a panel. ten former judges designated by two experts each designated by the
Amendment 538 #
Motion for a resolution
Annex – Article 9 – point 9.2
Annex – Article 9 – point 9.2
Amendment 540 #
Motion for a resolution
Annex – Article 9 – point 9.2 a (new)
Annex – Article 9 – point 9.2 a (new)
9.2a The expert panel shall adopt the Report by a majority of two thirds of its members.
Amendment 542 #
Motion for a resolution
Annex – Article 9 – point 9.3
Annex – Article 9 – point 9.3
9.3 In order to facilitate the development of the draft DRF Scoreboard and draftReport and country recommendations, the Commission shall provide a secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.
Amendment 550 #
Motion for a resolution
Annex – Article 10 – introductory part
Annex – Article 10 – introductory part
Amendment 551 #
Motion for a resolution
Annex – Article 10 – point 10.1
Annex – Article 10 – point 10.1
Amendment 555 #
Motion for a resolution
Annex – Article 11 – introductory part
Annex – Article 11 – introductory part
Amendment 557 #
Motion for a resolution
Annex – Article 11 – indent 1
Annex – Article 11 – indent 1
– The draft DRF ScoreboardReport, including draft country-specific recommendations, shall be developed bi-annually by the DRF expert panel;
Amendment 562 #
Motion for a resolution
Annex – Article 11 – indent 2
Annex – Article 11 – indent 2
Amendment 568 #
Motion for a resolution
Annex – Article 11 – indent 3
Annex – Article 11 – indent 3
Amendment 570 #
Motion for a resolution
Annex – Article 11 – indent 4
Annex – Article 11 – indent 4
Amendment 580 #
Motion for a resolution
Annex – Article 12 – introductory part
Annex – Article 12 – introductory part
The adopttransmission of the DRF ScoreboardReport by the Commission shall initiate the DRF Semester, which shall aim at addressing the results of the DRF Scoreboard and recommendations included in country- specific reports, through the following steps:to the European Parliament, Council and national Parliaments shall initiate the inter-parliamentary debate.
Amendment 583 #
Motion for a resolution
Annex – Article 12 – indent 1
Annex – Article 12 – indent 1
– the European Parliament shall hold an inter-parliamentary bi-annual debate on the basis of the DRF Scoreboard,Report and adopt a resolution;
Amendment 590 #
Motion for a resolution
Annex – Article 12 – indent 2
Annex – Article 12 – indent 2
– the Council shall hold an bi-annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF ScoreboardReport and adopt Council conclusions, inviting national parliaments to provide a response to the DRF ScoreboardReport, proposals or reforms;
Amendment 595 #
Motion for a resolution
Annex – Article 12 – indent 3
Annex – Article 12 – indent 3
Amendment 600 #
Motion for a resolution
Annex – Article 12 – indent 4
Annex – Article 12 – indent 4
– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions,Report the Commission mayshall decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice underon further actions, in compliance with Article 7017(3) TFEU.
Amendment 603 #
Motion for a resolution
Annex – Article 12 – indent 4 a (new)
Annex – Article 12 – indent 4 a (new)
– The Commission shall apply and enforce existing tools and mechanism for the monitoring and enforcement of member states compliance with rule of law and fundamental rights as provided by the Treaties while ensuring that the criteria of non-discrimination, equal handling of MS, objectivity, fairness as well as diversity of constitutional and cultural traditions of MS and principle of subsidiarity are duly taken into account.
Amendment 604 #
Motion for a resolution
Annex – Article 12 – point 12.1
Annex – Article 12 – point 12.1
Amendment 608 #
Motion for a resolution
Annex – Article 12 – point 12.2
Annex – Article 12 – point 12.2
Amendment 609 #
Motion for a resolution
Annex – Article 12 – point 12.2
Annex – Article 12 – point 12.2
12.2 On the basis of the DRF Scoreboard,monitoring report if a Member State receives one or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.
Amendment 615 #
Motion for a resolution
Annex – Article 12 – point 12.2.1
Annex – Article 12 – point 12.2.1
Amendment 620 #
Motion for a resolution
Annex – Article 12 – point 12.3
Annex – Article 12 – point 12.3
Amendment 625 #
Motion for a resolution
Annex – Article 12 – point 12.3.1
Annex – Article 12 – point 12.3.1
Amendment 630 #
Motion for a resolution
Annex – Article 13
Annex – Article 13
Amendment 632 #
Motion for a resolution
Annex – Article 14 – introductory part
Annex – Article 14 – introductory part
A systematic fundamental rightsn impact assessment on fundamental rights shall be included as an element of the impact assessment shall be carried out for all legislative proposals by the Commission, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation;
Amendment 636 #
Motion for a resolution
Annex – Article 14 – point 14.1
Annex – Article 14 – point 14.1
14.1 An independentThe expert panel, which shall be set up by the Commission, the Council and the European Parliament, shall assess DRF compliance of legislative proposals after the conclusion of interinstitutional negotiations and prior to their formal adoption in accordance with Article 12 of the Interinstitutional Agreement on Better Regulation. The panel shall provide advice during the interinstitutional negotiaby the institutions.
Amendment 643 #
Motion for a resolution
Annex – Article 15
Annex – Article 15
An interinstitutional impact assessment working group ('Working Group') shallcan be set up out of existing structures in the institutions with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion. These existing tools should be promoted and properly applied.
Amendment 644 #
Motion for a resolution
Annex – Article 16 – introductory part
Annex – Article 16 – introductory part
The Report with country specific recommendations shall replace the annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union, shall be included in the annual DRF policy cycle of the DRF Scoreboarduch as:
Amendment 651 #
Motion for a resolution
Annex – Article 16 –indent 3 a (new)
Annex – Article 16 –indent 3 a (new)
– Annual report on the situation of Fundamental rights in the EU.