37 Amendments of Sylvie GUILLAUME related to 2015/2254(INL)
Amendment 6 #
Motion for a resolution
Citation 3
Citation 3
— having regard in particular to Article 2, Article 3(1), the second subparagraph of Article 3(3) and Articles 6 , 7 and 711 TEU, and to the articles of the TFEU relating to respect for, and promotion and protection of democracy, rule of law and fundamental rights (DRF) in the Union, including Articles 70, 258, 259, 260, 263 and 265 TFEU,
Amendment 88 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Charter has been legally binding ever since the adoption of the Treaty of Lisbon, and whereas the Union's institutions, bodies, offices and agencies have to abide by it, as do the Member States when implementing Union law; whereas the Charter should have a real legislative scope;
Amendment 94 #
Motion for a resolution
Recital C
Recital C
C. whereas all Member States, the institutions, bodies, offices and agencies of the Union, and candidate countries are obliged to uphold those principles and values, and they have the duty of loyal cooperation; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 111 #
Motion for a resolution
Recital E
Recital E
E. whereas the definition of core values and principles, which allow democracy to flourish and fundamental rights to be protected, 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 result of different political majorities;
Amendment 118 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas Union citizens and residents are not always sufficiently aware of all their rights as Europeans; whereas they should be in a position where they are able to shape the Union’s core values and principles together and above all take ownership of them;
Amendment 126 #
Motion for a resolution
Recital F
Recital F
F. whereas respect for cultural diversity and national traditions may not impede a uniform and high level of protection of democracy, rule of law and fundamental rights (DRF)policies implemented by Member States should not undermine fundamental rights by circumventing them in the name of national practices and traditions;
Amendment 148 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the Union’s democratic and legal governance does not have as solid a legislative basis as its economic governance, as the Union does not display the same intransigence and firmness in demanding respect for its core values as it does when making sure its economic and fiscal rules are implemented properly;
Amendment 153 #
Motion for a resolution
Recital J
Recital J
J. whereas the failure of a candidate country to meet the required standards results in a delay of accession to the Union, until it fully meets these standards, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice, as violations of fundamental rights can be observed daily in all EU Member States;
Amendment 168 #
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 whereas all Member States should therefore be assessed on a regular basis in order to verify theirat their laws and practices continued to compliancey with the Union's common values;
Amendment 180 #
Motion for a resolution
Recital L
Recital L
L. whereas there are few instruments to correcensure that legislative and executive policy decisions by the institutions of the Union comply with the Union’s core principles and values;
Amendment 191 #
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 appeare limited in scope, inadequate and ineffective, or they are unlikely to be used, owing to the hesitation of Union and Member State institutions to trigger them, whereas they are only corrective in nature and not preventive; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries;
Amendment 201 #
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. whereas the role of the European Court of Justice should be strengthened as regards respect for fundamental rights, including by making it possible for one fifth of the Members of the European Parliament to refer a text to the Court after its final adoption and before its implementation, if they consider that it undermines fundamental rights;
Amendment 221 #
Motion for a resolution
Recital T a (new)
Recital T a (new)
Ta. whereas in instances where a Member State refuses to comply with the Union's fundamental principles and values, and dialogue produces neither a tangible outcome nor progress, consideration ought to be given to sanctions against that Member State, including temporarily suspending access to its Union funding, until such time as it again complies with the Union's standards and principles;
Amendment 238 #
Motion for a resolution
Recital V
Recital V
V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective and not subject to outside influence, in particular political influence; non- discriminatory and assessing on an equal footing; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm, put into practice by an independent body acting on its own behalf;
Amendment 250 #
Motion for a resolution
Recital W a (new)
Recital W a (new)
Wa. whereas the European Union Agency for Fundamental Rights helps ensure that fundamental rights are observed and safeguarded in the Union, and whereas its role, powers and budget should be expanded under the new mechanism;
Amendment 279 #
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 equally as well as the three main institutions of the Union;
Amendment 316 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to develop and implement an awareness raising campaign to enable Union citizens and residents to take full ownership of their rights deriving from the Treaties and from the Charter of Fundamental Rights, providing information about citizens' rights to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Union;
Amendment 328 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reaffirms that victim protection is founded in a series of fundamental rights to be observed by the Union and that, to ensure that those rights are observed, there must be full mutual recognition of victim protection orders so that victims' status is recognised throughout the Union; takes the view that victims should be helped and assisted at European level in the event that their status is not recognised if they travel from one Member State to another; considers that that might ultimately become one of the powers of the prospective European Public Prosecutor's Office;
Amendment 329 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Takes the view that, along the lines of the Stability and Growth Pact, financial penalties, including the freezing of European funds, should be imposed on Member States that refuse to comply with the principles and values of the Union;
Amendment 339 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the DRF expert panelindependent DRF commission, 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 355 #
Motion for a resolution
Paragraph 9 – indent 1
Paragraph 9 – indent 1
Article 2 TEU to become a legal - Article 2 TEU and the Charter to become a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure;
Amendment 381 #
Motion for a resolution
Paragraph 9 – indent 5 a (new)
Paragraph 9 – indent 5 a (new)
- Making it possible for a text, after it has been definitively adopted and before it is implemented, to be referred to the CJEU by one fifth of the Members of the European Parliament;
Amendment 384 #
Motion for a resolution
Paragraph 9 – indent 5 b (new)
Paragraph 9 – indent 5 b (new)
- Amending Article 7 TEU so that it can be more easily activated and produces tangible outcomes where fundamental rights have been violated, and identifying the rights of Member States at fault (in addition to Council voting rights) that may be suspended;
Amendment 406 #
Motion for a resolution
Annex – Citation 2
Annex – Citation 2
– Having regard in particular to Article 2, Article 3(1), the second subparagraph of Article 3(3) and Articles 6, 7 and 7 TEU, and to the articles of the TFEU11 of the Treaty on European Union, and to the articles of the Treaty on the Functioning of the European Union relating to respect for, and promotion and protection of democracy, rule of law and fundamental rights (DRF) in the Union, including Articles 70, 258, 259, 260, 263 and 265 TFEU,
Amendment 442 #
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, impartial, evidence-based and applied equally and fairly to all Member States and that includes both the preventative and the corrective dimension;
Amendment 447 #
Motion for a resolution
Annex – Recital 6
Annex – Recital 6
(6) Whereas Member States are primarily responsible for upholding common standards but, when they fail to do so, the Union has a duty to intervene to protect its constitutional core and ensure that the values laid down in Article 2 TEUof the Treaty on European Union and in the Charter of Fundamental Rights are guaranteed for all Union citizens and residents throughout the territory of the Union;
Amendment 451 #
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 and are insufficiently strong and dissuasive to prevent infringements of the rule of law and fundamental rights;
Amendment 454 #
Motion for a resolution
Annex – Recital 7 a (new)
Annex – Recital 7 a (new)
(7a) Whereas financial penalties, including the freezing of European funds, should be imposed on Member States that refuse to comply with the principles and values of the EU;
Amendment 457 #
Motion for a resolution
Annex – Article 1
Annex – Article 1
The core values and foundational principles of the Union, namely democracy, the rule of law and fundamental rights (DRF), shall be upheld throughout the Union in a Union Pact on DRF, which shall consist of the definition, elaboration, monitoring and enforcement of those values and principles, and apply to both the Member States and the institutions of the Union;, organs and organisms of the Union; (This amendment applies throughout the legislative text under review. Adopting it will necessitate corresponding changes throughout.)
Amendment 462 #
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 annual inter- parliamentary debate on the basis of that Scoreboard and a hearing of civil society representatives, and arrangements for remedying possible risks and breaches 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 472 #
Motion for a resolution
Annex – Article 4
Annex – Article 4
An annual scoreboard on the state of DRF in the Member States shall be elaborated by an independent panel of expertscommittee and adopted by the Commission.
Amendment 480 #
Motion for a resolution
Annex – Article 6 – indent 1
Annex – Article 6 – indent 1
– contributions from the Member State authorities regarding respect for democracy, the rule of law and fundamental rights;
Amendment 505 #
Motion for a resolution
Annex – Article 8 – point 8.1 – indent 6 a (new)
Annex – Article 8 – point 8.1 – indent 6 a (new)
– Civil dialogue and participatory democracy
Amendment 524 #
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 panelcommittee of independent experts ('DRF expert panelindependent committee'), on the basis of a quantitative and qualitative review of the data and information available. ('DRF expert panel' to be replaced by 'DRF independent committee’ throughout the annex to the legislative text under review; adopting it will necessitate corresponding changes throughout.)
Amendment 597 #
Motion for a resolution
Annex – Article 12 – indent 3
Annex – Article 12 – indent 3
– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions, the Commission may decideneed to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases togetherof the Treaty on European Union and Article 258 of the Treaty on the Functioning of the European Union, bundling several infringement cases together. In case of non-referral by the Commission to the Court of Justice of the European Union for systemic infringement, the European Parliament may adopt a resolution by a 3/5 majority calling for systemic infringement proceedings to be launched automatically by the Commission;
Amendment 602 #
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, the Commission may decideneed to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under Article 70 TFEUof the Treaty on the Functioning of the European Union. In case of failure to submit a proposal for such an evaluation, the European Parliament may adopt a resolution by a 3/5 majority calling for a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice to be submitted automatically by the Commission.
Amendment 629 #
Motion for a resolution
Annex – Article 13
Annex – Article 13