Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Joint Responsible Committee | ['JURI', 'LIBE'] | BERLINGUER Luigi ( S&D), CLAEYS Philip ( NA) | ZWIEFKA Tadeusz ( PPE), LICHTENBERGER Eva ( Verts/ALE), KARIM Sajjad ( ECR), SPERONI Francesco Enrico ( EFD), STOYANOV Dimitar ( NA) |
Committee Opinion | FEMM | GABRIEL Mariya ( PPE) | |
Committee Opinion | BUDG | MATERA Barbara ( PPE) |
Lead committee dossier:
Legal Basis:
RoP 58, TFEU 081-p1, TFEU 082-p1, TFEU 084
Legal Basis:
RoP 58, TFEU 081-p1, TFEU 082-p1, TFEU 084Subjects
Events
The Commission presented a report on the mid-term results obtained by the ‘Justice’ programme 2014-2020 and the qualitative and quantitative aspects of the implementation of the programme.
The report is based on the findings of the evaluation prepared by the European Commission and supported by an external evaluation. The evaluation reference period corresponds to the first half of the implementation of the programme, between 2014 and mid-2017 .
The objective of the ‘Justice’ programme 2014-2020 is to contribute to the further establishment of a European area of justice based on mutual recognition and trust, in particular by (i) promoting judicial cooperation in civil and criminal matters, (ii) supporting judicial training for legal professionals with the aim of fostering a common legal and judicial culture, (iii) facilitating effective access to justice for all and (iv) supporting initiatives in the field of drugs policy.
The main conclusions of the report are as follows:
Relevance : the report confirms the relevance of the programme in contributing to upholding EU values (such as the rule of law, the independence of the judiciary and the effectiveness of the justice) and in supporting Member States to achieve more effective justice systems. Since its very beginning, the Programme has shown its potential in fostering the acquisition of durable legal knowledge and competencies in the Member States.
One of the key features of the programme has been its ability to adapt and modify the priorities in light of emerging needs . For instance, following a string of terrorist attacks in Europe, two calls were issued to combat the radicalisation of inmates in prison. This can be achieved thanks to the unique structure of the Justice programme.
The specific objective concerning the initiatives in the field of drug policies is sometimes difficult to reconcile with other programme priorities. However, in general, the needs identified when the programme was adopted are still relevant , in particular the general objective of pursuing the establishment of a European area of justice based on mutual recognition and trust.
EU added value : over the years, the programme has demonstrated its high EU added value both in its positive impact on participants and target groups and in its role as a complement to other EU funding instruments and policy initiatives. The EU added value of the Justice programme is evident, above all, in the promotion of transnational projects with a European dimension to tackle cross-border issues and in the provision of financial resources to fund activities in key areas that are not necessarily high on the agenda of Member States due to lack of political will (according to stakeholders, this is particularly true for the specific objective on access to justice).
The programme also enables beneficiaries to work with partners in other Member States , which has increased their knowledge of the issues covered by the programme, broadened their expertise and given them access to examples of good practice and tools developed in other Member States.
Moreover, the fact that judicial training figures more prominently in the programme's intervention logic is an important step forward for the European added value of the programme.
Possible improvements : in the framework of the preparation of the future EU budget and funding programmes, the Commission based on the findings of the mid-term evaluation will address all aspects that have been identified for improvement, in particular:
the increase of the Programme's basin of potential recipients of the actions : the Programme could include additional target groups that are relevant to the achievement of its general objective. These groups include staff in regulatory agencies, young judicial professionals and students and judicial professionals in candidate countries and countries within the scope of the European Neighbourhood policy; the revision of the monitoring indicators : the Programme-specific indicators are adequate to monitor progress towards the objectives of the Programme, but sometimes they are difficult to measure or need some improvements; the achievement of a more geographic balance among the beneficiaries : the programme did not involve all Member States homogeneously. Indeed, about 25% of the beneficiaries come from either Italy or Belgium, and about half of the partner organisations come from five countries. The remaining 50% are organisations from the remaining 21 Member States; the strengthening of synergies with other relevant EU funding programmes and initiatives : this is the case, for instance, of the drugs policy area, where the coordination with the Health for Growth Programme could be increased.
Improvements are also needed in the area of equity . The evaluation showed that gender equality is rarely a major theme in the projects developed. The majority of respondents agreed to integrate child rights into the programme. The priority of the rights of people with disabilities , on the other hand, seems to be lower. The programme should strive in the future to distribute its resources in a more balanced manner across the different target groups of beneficiaries and Member States.
PURPOSE: to establish for the period 2014-2020 the Justice Programme following on from the Civil Justice , Criminal Justice , Drug Prevention and Information Programmes from 2007-2013.
LEGISLATIVE ACT: Regulation (EU) No 1382/2013 of the European Parliament and of the Council establishing a Justice Programme for the period 2014 to 2020.
CONTENT: this Regulation establishes a Justice programme covering the period from 1 January 2014 to 31 December 2020.
European added value : the Programme shall finance actions with European added value which contribute to the further development of a European area of justice. To that end, the Commission shall ensure that the actions selected for funding are intended to produce results with European added value.
The European added value of actions, including that of small-scale and national actions , shall be assessed in the light of criteria such as their contribution to the consistent and coherent implementation of Union law, and to wide public awareness about the rights deriving from it, their transnational impact, their contribution to the elaboration and dissemination of best practices or their potential to contribute to the creation of minimum standards, practical tools and solutions that address cross-border or Union-wide challenges.
General objective : the general objective of the Programme shall be to contribute to the further development of a European area of justice based on mutual recognition and mutual trust, in particular by promoting judicial cooperation in civil and criminal matters.
Specific objectives : the Programme shall have the following specific objectives:
to facilitate and support judicial cooperation in civil and criminal matters; to support and promote judicial training , including language training on legal terminology, with a view to fostering a common legal and judicial culture; to facilitate effective access to justice for all, including to promote and support the rights of victims of crime, while respecting the rights of the defence; to support initiatives in the field of drugs policy as regards judicial cooperation and crime prevention aspects closely linked to the general objective of the Programme, in so far as they are not covered by the Internal security fund for financial support for police cooperation, preventing and combating crime, and crisis management or by the Health for Growth Programme .
The specific objectives shall be pursued through, in particular:
enhancing public awareness and knowledge of Union law and policies; with a view to ensuring efficient judicial cooperation in civil and criminal matters, improving knowledge of Union law, including substantive and procedural law, of judicial cooperation instruments and of the relevant case-law of the Court of Justice of the European Union, and of comparative law; supporting the effective, comprehensive and consistent implementation and application of Union instruments in the Member States and the monitoring and evaluation thereof; promoting cross-border cooperation, improving mutual knowledge and understanding of the civil and criminal law and the legal and judicial systems of the Member States and enhancing mutual trust; improving knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice; improving the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications.
The Regulation details the type of actions to be financed to respond to these specific objectives (such as the collection of data and statistics; training activities; mutual learning; support for main actors whose activities contribute to the implementation of the objectives of the Programme, such as support for NGOs in the implementation of actions with European added value).
In order to ensure an inclusive perspective, beneficiaries shall encourage the participation of relevant target groups in actions financed by the Programme.
The European Judicial Training Network shall receive an operating grant to co-finance expenditure associated with its permanent work programme.
Mainstreaming : in the implementation of all of its actions, the Programme shall seek to promote equality between women and men and to promote the rights of the child, inter alia by means of child- friendly justice . It shall also comply with the prohibition of discrimination based on any of the grounds listed in Article 21 of the Charter.
Access to the Programme : access to the Programme shall be open to all bodies and entities legally established in the EU and EFTA countries, candidate countries, potential candidates and countries acceding to the Union, in accordance with the general principles and the general terms and conditions laid down in the Regulation. Bodies and entities which are profit-oriented shall have access to the Programme only in conjunction with non-profit or public organisations.
Financial envelope : in accordance with the overall agreement on the financial framework, the financial envelope for the implementation of the Programme for the period 2014 to 2020 is set at EUR 377 604 000 .
This shall be divided in line with the Annex of the Regulation:
to facilitate and support judicial cooperation in civil and criminal matters 30% of budget; to support and promote judicial training, including language training on legal terminology 35%; to facilitate effective access to justice for all 30%; to support initiatives in the field of drugs policy 5%.
The Commission shall not depart from the allocated percentages by more than five percentage points for each group of specific objectives. Should it prove necessary to exceed that limit, the Commission shall be empowered to adopt delegated acts to modify each of the figures.
Work programme : the annual work programme shall determine:
the actions to be undertaken, including the indicative allocation of financial resources; the essential eligibility, selection and award criteria to be used to select the proposals which are to receive financial contributions; the minimum percentage of annual expenditure to be allocated to grants.
Appropriate and fair distribution of financial support between different areas covered by the programme shall be ensured.
Complementarity : the Commission, in cooperation with the Member States, shall ensure overall consistency, complementarity and synergies with other Union instruments including, inter alia, the Rights, Equality and Citizenship Programme, the Instrument for financial support for police cooperation, preventing and combating crime, and crisis management, as part of the Internal Security Fund, the Health for Growth Programme, the Erasmus+ Programme, the Horizon 2020 Framework Programme and the Instrument for Pre-accession Assistance (IPA II).
Monitoring and evaluation of the Programme : the Commission shall monitor the Programme annually. It shall also provide:
an interim evaluation report by 30 June 2018; an ex-post evaluation report by 31 December 2021.
The evaluations shall also assess the way in which gender equality and non-discrimination issues have been addressed across the Programme’s actions.
Performance indicators were also added to better evaluate the effectiveness of the Programme. In addition to the indicators, the evaluation reports shall assess the perceived impact of the Programme on access to justice, as well as the European added value of the actions and the level of finance involved in relation to results achieved (in terms of effectiveness).
ENTRY INTO FORCE: 29.12.2013.
DELEGATED ACTS: in order to ensure that the Programme is sufficiently flexible to respond to changing needs and corresponding policy priorities throughout its duration, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission concerning modification of the percentages set out in the Annex to this Regulation for each group of specific objectives that would exceed those percentages by more than 5 percentage points. To assess the need for such a delegated act, those percentages should be calculated on the basis of the financial envelope of the Programme for its entire duration , and not on the basis of annual appropriations.
The European Parliament or Council may raise objections to a delegated act within two months from the date of notification (which may be extended by two months). If Parliament or Council raise objections, the delegated act will not enter into force.
The European Parliament adopted by 383 votes to 69, with 11 abstentions, a legislative resolution on the proposed Regulation of the European Parliament and of the Council establishing the "Justice" Programme 2014-2020.
Parliament adopted its position at first reading, following the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council.
General objective : the general objective of the Programme shall be to contribute to the further development of a European area of justice based on mutual recognition and mutual trust , in particular by promoting judicial cooperation in civil and criminal matters.
Specific objectives : the specific objectives of "Justice" would also aim to:
· facilitate and support judicial cooperation in civil and criminal matters;
· support and promote judicial training , including language training on legal terminology, with a view to fostering a common legal and judicial culture;
· facilitate effective access to justice for all, including to promote and support the rights of victims of crime, while respecting the rights of the defence;
· support initiatives in the field of drugs policy as regards judicial cooperation and crime prevention aspects closely linked to the Health for Growth Programme .
These objectives shall be pursued through:
· enhancing public awareness and knowledge of Union law and policies;
· improving knowledge of Union law, including substantive and procedural law;
· supporting the effective, comprehensive and consistent implementation and application of Union instruments and policies in the Member States and the monitoring and evaluation thereof;
· promoting cross-border cooperation, improving mutual knowledge and understanding of the civil and criminal law and the legal and judicial systems of the Member States and enhancing mutual trust;
· improving the efficiency of judicial systems and their cooperation by means of information and communication technology.
The type of actions to be funded have been revised to meet these specific objectives. In general, actions covered by the future Programme should contribute to developing mutual trust between the Member States, increasing cross-border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Union intervention in this context can bring additional value compared to the action of Member States alone.
The Programme objectives also include an operating grant to the European Judicial Training Network which shall receive an operating grant to co-finance expenditure associated with its permanent work programme.
Mainstreaming : in the implementation of all of its actions, the Programme shall seek to promote equality between women and men and to promote the rights of the child, inter alia by means of child-friendly justice . It shall also comply with the prohibition of discrimination based on any of the grounds defined in the Charter of Fundamental Rights of the European Union.
Access to the Programme : it is specified that bodies and entities which are profit-oriented shall have access to the Programme only in conjunction with non-profit or public organisations . In addition to the entities covered by the Programme, access shall also be open to international organisations active in the areas covered by the Programme.
National, regional and local authorities should also be included among the bodies and entities having access to the Programme.
Financial envelope : in accordance with the overall agreement on the financial framework, the financial envelope for the implementation of the Programme for the period 2014 to 2020 is set at EUR 377 604 000 .
This shall be divided in line with the Annex of the future Regulation:
· to facilitate and support judicial cooperation in civil and criminal matters 30% of budget;
· to support and promote judicial training, including language training on legal terminology 35%;
· to facilitate effective access to justice for all 30%;
· to support initiatives in the field of drugs policy 5%.
The Commission shall not depart from the allocated percentages by more than five percentage points for each group of specific objectives. Should it prove necessary to exceed that limit, the Commission shall be empowered to adopt delegated acts to modify each of the figures.
Work programme : the annual work programme shall determine:
the actions to be undertaken, including the indicative allocation of financial resources;
· the essential eligibility, selection and award criteria to be used to select the proposals which are to receive financial contributions;
· the minimum percentage of annual expenditure to be allocated to grants.
Appropriate and fair distribution of financial support between different areas covered by the programme shall be ensured.
Monitoring and evaluation of the Programme : the Commission shall monitor the Programme annually. It shall also provide:
an interim evaluation report by 30 June 2018; an ex-post evaluation report by 31 December 2021.
The evaluations shall also assess the way in which gender equality and non-discrimination issues have been addressed across the Programme’s actions.
Performance indicators were also added to better evaluate the effectiveness of the Programme. These last include the number and percentage of persons in a target group reached by the awareness-raising activities; the number of stakeholders participating in training activities; the number of cases, activities and outputs of cross-border cooperation; the geographical coverage of the activities, etc.
In addition to the indicators, the evaluation reports shall assess the perceived impact of the Programme on access to justice , as well as the European added value of the actions and the level of finance involved in relation to results achieved (in terms of effectiveness).
The Committee on Legal Affairs , jointly with the Committee on Civil Liberties, Justice and Home Affairs , adopted the report by Luigi BERLINGUER (S&D, IT) and Philip CLAEYS (NI, BE) on the proposed Regulation of the European Parliament and of the Council establishing the "Justice" Programme 2014-2020.
The parliamentary committee recommended that the position of the European Parliament adopted at first reading, following the ordinary legislative procedure, amend the Commission proposal.
The key amendments aim to:
General objective : the general objective of the Programme shall be to contribute to the further development of a European area of justice based on mutual recognition and mutual trust , in particular by promoting judicial cooperation in civil and criminal matters.
Specific objectives : the specific objectives of "Justice" would also aim to:
· facilitate and support judicial cooperation in civil and criminal matters;
· support and promote judicial training , including language training on legal terminology, with a view to fostering a common legal and judicial culture;
· facilitate effective access to justice for all, including to promote and support the rights of victims of crime, while respecting the rights of the defence;
· support initiatives in the field of drugs policy as regards judicial cooperation and crime prevention aspects closely linked to the Health for Growth Programme.
These objectives shall be pursued through:
· enhancing public awareness and knowledge of Union law and policies;
· improving knowledge of Union law, including substantive and procedural law;
· supporting the effective, comprehensive and consistent implementation and application of Union instruments and policies in the Member States and the monitoring and evaluation thereof;
· promoting cross-border cooperation, improving mutual knowledge and understanding of the civil and criminal law and the legal and judicial systems of the Member States and enhancing mutual trust;
· improving the efficiency of judicial systems and their cooperation by means of information and communication technology.
The type of actions to be funded have been revised to meet these specific objectives. In general, actions covered by the future Programme should contribute to developing mutual trust between the Member States, increasing cross-border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Union intervention in this context can bring additional value compared to the action of Member States alone.
The Programme objectives also include an operating grant to the European Judicial Training Network .
Mainstreaming : in the implementation of all of its actions, the Programme shall seek to promote equality between women and men and to promote the rights of the child, inter alia by means of child-friendly justice . It shall also comply with the prohibition of discrimination based on any of the grounds defined in the Charter of Fundamental Rights of the European Union.
Access to the Programme : it is specified that bodies and entities which are profit-oriented shall have access to the Programme only in conjunction with non-profit or public organisations . In addition to the entities covered by the Programme, access shall also be open to international organisations active in the areas covered by the Programme
National, regional and local authorities should also be included among the bodies and entities having access to the Programme.
Financial envelope : in accordance with the overall agreement on the financial framework, the financial envelope for the implementation of the Programme for the period 2014 to 2020 is set at EUR 377,604 million .
This shall be divided in line with the Annex of the future Regulation:
· to facilitate and support judicial cooperation in civil and criminal matters 30% of budget;
· to support and promote judicial training, including language training on legal terminology 35%;
· to facilitate effective access to justice for all 30%;
· to support initiatives in the field of drugs policy 5% .
The Commission shall not depart from the allocated percentages by more than five percentage points for each group of specific objectives. Should it prove necessary to exceed that limit, the Commission shall be empowered to adopt delegated acts to modify each of the figures.
Work programme : the annual work programme shall determine:
· the actions to be undertaken, including the indicative allocation of financial resources;
· the essential eligibility, selection and award criteria to be used to select the proposals which are to receive financial contributions;
· the minimum percentage of annual expenditure to be allocated to grants.
Appropriate and fair distribution of financial support between different areas covered by the programme shall be ensured.
Monitoring and evaluation of the Programme : the Commission shall monitor the Programme annually. It shall also provide:
· an interim evaluation report by 30 June 2018;
· an ex-post evaluation report by 31 December 2021.
The evaluations shall also assess the way in which gender equality and non-discrimination issues have been addressed across the Programme’s actions.
Performance indicators were also added to better evaluate the effectiveness of the Programme. These last include the number and percentage of persons in a target group reached by the awareness-raising activities; the number of stakeholders participating in training activities; the number of cases, activities and outputs of cross-border cooperation; the geographical coverage of the activities, etc.
In addition to the indicators, the evaluation reports shall assess the perceived impact of the Programme on access to justice , as well as the European added value of the actions and the level of finance involved in relation to results achieved (in terms of effectiveness).
The Council reached a partial general approach on two proposals for regulations establishing the financing programmes in the area of justice and fundamental rights within the framework of the Multiannual Financial Framework for the period 2014-2020. Those texts will now form the basis for the negotiations with the European Parliament with a view to reaching agreement.
In both proposals, the provisions regarding the financial envelope are excluded from the scope of the partial general approach since they will be negotiated at a horizontal level.
- The first proposal concerns the Justice programme (see Council doc. 10645/12 ), a funding programme aiming to support actions with European added value in the area of judicial cooperation in civil and criminal matters and judicial training. The Council reached agreement on Article 12 (protection of financial interests of the Union) which was also negotiated at horizontal level.
- The second proposal concerns the Rights, Equality and Citizenship programme which is the successor to three existing programmes: Fundamental Rights and Citizenship, Daphne III and the "Antidiscrimination and Diversity" and "Gender Equality" sections of the Programme for Employment and Social Solidarity (PROGRESS).
PURPOSE: to establish for the period 2014-2020 the Justice Programme following on from the Fundamental Rights and Citizenship , Daphne III , The Sections "Antidiscrimination and Diversity" and "Gender Equality" of the Programme for Employment and Social Solidarity ( PROGRESS ) from 2007-2013.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: i n the post-Lisbon era and after the abolition of the third pillar the area of justice develops dynamically in order to respond to all challenges. Legislative and policy measures as well as their coherent implementation are key tools. Funding can contribute to the development of this area through supporting legislation and policy-making and promoting their implementation.
In accordance with the Communication on the EU Budget Review , a fresh look was taken at the existing funding instruments and delivery mechanisms to ensure clear focus on European added value and to cater for rationalisation and simplification of the funding mechanisms . In ‘ A Budget for Europe 2020’ , the Commission identified the need for a simpler and more transparent budget to overcome the problems that arise from the complexity of programme structures and the existence of multiple programmes. The area of Rights was mentioned as an example of the existing fragmentation, where action should be taken.
Within this framework and aiming at simplification and rationalisation, the Rights and Citizenship Programme is the successor of three current programmes:
Fundamental Rights and Citizenship, Daphne III, The Sections "Antidiscrimination and Diversity" and "Gender Equality" of the Programme for Employment and Social Solidarity (PROGRESS).
The merge of these programmes will allow for a comprehensive funding approach in this area .
IMPACT ASSESSMENT: one impact assessment was carried out concerning the future funding activities for the whole area of justice, rights and equality, which currently comprises six programmes ( Civil Justice Programme, the Criminal Justice Programme, the Fundamental Rights and Citizenship Programme, the Daphne III Programme, the Drug Prevention and Information Programme and the sections "Antidiscrimination and Diversity" and "Gender Equality" of the Programme for Employment and Social Solidarity ( PROGRESS )).
The impact assessment has considered three options:
Option A: to maintain six programmes and to address some of the identified problems through changes in the internal management of the programmes.; Option B: to maintain all measures of option A and additionally to merge the current six programmes into two programmes . This option would allow for flexibility in the use of funds and in addressing annual policy priorities. It would achieve increased simplification (both for the beneficiaries and the administration) and efficiency of the programmes, since significantly fewer procedures would be needed. The effectiveness of the programmes would also be improved as the fragmentation and dilution of funds would be addressed better within two programmes. Human resources could be freed, since fewer procedures would reduce the administrative burden and they would be allocated to activities improving the effectiveness of the programmes (dissemination of results, monitoring, providing information, etc). Option C: to implement only one programme . This option addresses all problems caused by the multiple legal instruments and by the increased administrative burden of managing multiple programmes. However, due to legal constraints the scope of this programme would not be able to cover the funding needs of all policy areas. A choice would have to be made between the area of justice and the area of rights and citizenship. Although this solution can deliver maximum impact in terms of management, however it would not be possible to address sufficiently the policy priorities and needs of the whole policy area.
Resulting from the analysis and comparison of the options, the preferred option is the implementation of two programmes which would cover the funding needs of all policy areas ( option B ). In comparison to the status quo option B presents clear advantages and no disadvantage.
LEGAL BASIS: Article 81(1) and (2), Article 82(1) and Article 84 of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: with this proposal, the Commission proposes to establish a new European Union programme on Justice 2014-2020.
General objective : the general objective of the Programme shall be to contribute to the creation of a European area of justice by promoting judicial cooperation in civil and criminal matters.
To achieve the general objective, the Programme shall have the following specific objectives:
to promote effective, comprehensive and consistent application of Union legislation in the areas of judicial cooperation in civil and criminal matters; to facilitate access to justice; to prevent and reduce drug demand and supply.
The proposal states that the indicator to measure the achievement of this objective shall be, inter alia , the number of cases of trans-border cooperation. The Programme shall aim to promote equality between women and men and combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in all its activities.
Actions financed : the Programme shall finance inter alia the following types of actions:
analytical activities , such as collection of data and statistics; development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations and impact assessments; training activities , such as staff exchanges, workshops, seminars, train-the-trainers events; mutual learning, cooperation, awareness raising and dissemination activities , such as identification of, and exchanges on, good practices, innovative approaches and experiences, organisation of peer review and mutual learning; support for main actors , such as support for Member States when implementing Union law and policies; support for key European level networks whose activities are linked to the implementation of the objectives of the Programme; funding of experts' networks; funding of European level observatories.
European added value : the Commission shall ensure that the actions selected for funding are intended to produce results with European added value and shall monitor whether European added value was actually achieved through the final results of the actions financed by the Programme.
Implementation : in implementing this Regulation the Commission will establish annually the funding priorities in the respective policy areas. The Programme can make use of all financial instruments foreseen in the Financial Regulation . The Commission may use, on the basis of a cost-benefit analysis, an existing executive agency for the implementation of the programme, as provided for in Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes.
The programme may share resources with other Union instruments, in particular the Rights and Citizens Programme , in order to implement actions meeting the objectives of both programmes.
Participation of the programme : ac cess to the Programme shall be open to all public and/or private bodies and entities legally established in: (a) Member States; (b) EFTA countries which are party to the EEA Agreement; (c) accession countries, candidate countries and potential candidates;(d) Denmark, on the basis of an international agreement. Under the Programme, the Commission may cooperate with international organisations active in the areas covered by the Programme, such as the Council of Europe, the United Nations and the Hague Conference on Private International Law. Access to the Programme shall be open to those international organisations.
Monitoring and evaluation : the Commission shall monitor the Programme regularly. The monitoring will also provide a means of assessing the way in which gender equality and anti-discrimination issues have been addressed across the programme’s activities. Where relevant, indicators should be disaggregated by sex, age and disability. The Commission shall provide the European Parliament and the Council with: (a) an interim evaluation report, by mid-2018 at the latest; (b) an ex-post evaluation report.
Complementarity : the Commission shall ensure overall consistency, complementarity and synergies with other Union instruments, inter alia , with the Rights and Citizenship Programme, the Instrument for financial support for police cooperation, crime prevention and the fight against cross-border, serious and organised crime, the Health for Growth Programme, the Erasmus for all Programme, the Horizon 2020 Framework Programme and the Instrument for Pre-accession Assistance.
BUDGETARY IMPLICATION: the financial envelope for the implementation of the Justice Programme for the period 1 January 2014 to 31 December 2020 shall amount to EUR 472 million .
PURPOSE: to establish for the period 2014-2020 the Justice Programme following on from the Fundamental Rights and Citizenship , Daphne III , The Sections "Antidiscrimination and Diversity" and "Gender Equality" of the Programme for Employment and Social Solidarity ( PROGRESS ) from 2007-2013.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: i n the post-Lisbon era and after the abolition of the third pillar the area of justice develops dynamically in order to respond to all challenges. Legislative and policy measures as well as their coherent implementation are key tools. Funding can contribute to the development of this area through supporting legislation and policy-making and promoting their implementation.
In accordance with the Communication on the EU Budget Review , a fresh look was taken at the existing funding instruments and delivery mechanisms to ensure clear focus on European added value and to cater for rationalisation and simplification of the funding mechanisms . In ‘ A Budget for Europe 2020’ , the Commission identified the need for a simpler and more transparent budget to overcome the problems that arise from the complexity of programme structures and the existence of multiple programmes. The area of Rights was mentioned as an example of the existing fragmentation, where action should be taken.
Within this framework and aiming at simplification and rationalisation, the Rights and Citizenship Programme is the successor of three current programmes:
Fundamental Rights and Citizenship, Daphne III, The Sections "Antidiscrimination and Diversity" and "Gender Equality" of the Programme for Employment and Social Solidarity (PROGRESS).
The merge of these programmes will allow for a comprehensive funding approach in this area .
IMPACT ASSESSMENT: one impact assessment was carried out concerning the future funding activities for the whole area of justice, rights and equality, which currently comprises six programmes ( Civil Justice Programme, the Criminal Justice Programme, the Fundamental Rights and Citizenship Programme, the Daphne III Programme, the Drug Prevention and Information Programme and the sections "Antidiscrimination and Diversity" and "Gender Equality" of the Programme for Employment and Social Solidarity ( PROGRESS )).
The impact assessment has considered three options:
Option A: to maintain six programmes and to address some of the identified problems through changes in the internal management of the programmes.; Option B: to maintain all measures of option A and additionally to merge the current six programmes into two programmes . This option would allow for flexibility in the use of funds and in addressing annual policy priorities. It would achieve increased simplification (both for the beneficiaries and the administration) and efficiency of the programmes, since significantly fewer procedures would be needed. The effectiveness of the programmes would also be improved as the fragmentation and dilution of funds would be addressed better within two programmes. Human resources could be freed, since fewer procedures would reduce the administrative burden and they would be allocated to activities improving the effectiveness of the programmes (dissemination of results, monitoring, providing information, etc). Option C: to implement only one programme . This option addresses all problems caused by the multiple legal instruments and by the increased administrative burden of managing multiple programmes. However, due to legal constraints the scope of this programme would not be able to cover the funding needs of all policy areas. A choice would have to be made between the area of justice and the area of rights and citizenship. Although this solution can deliver maximum impact in terms of management, however it would not be possible to address sufficiently the policy priorities and needs of the whole policy area.
Resulting from the analysis and comparison of the options, the preferred option is the implementation of two programmes which would cover the funding needs of all policy areas ( option B ). In comparison to the status quo option B presents clear advantages and no disadvantage.
LEGAL BASIS: Article 81(1) and (2), Article 82(1) and Article 84 of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: with this proposal, the Commission proposes to establish a new European Union programme on Justice 2014-2020.
General objective : the general objective of the Programme shall be to contribute to the creation of a European area of justice by promoting judicial cooperation in civil and criminal matters.
To achieve the general objective, the Programme shall have the following specific objectives:
to promote effective, comprehensive and consistent application of Union legislation in the areas of judicial cooperation in civil and criminal matters; to facilitate access to justice; to prevent and reduce drug demand and supply.
The proposal states that the indicator to measure the achievement of this objective shall be, inter alia , the number of cases of trans-border cooperation. The Programme shall aim to promote equality between women and men and combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in all its activities.
Actions financed : the Programme shall finance inter alia the following types of actions:
analytical activities , such as collection of data and statistics; development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations and impact assessments; training activities , such as staff exchanges, workshops, seminars, train-the-trainers events; mutual learning, cooperation, awareness raising and dissemination activities , such as identification of, and exchanges on, good practices, innovative approaches and experiences, organisation of peer review and mutual learning; support for main actors , such as support for Member States when implementing Union law and policies; support for key European level networks whose activities are linked to the implementation of the objectives of the Programme; funding of experts' networks; funding of European level observatories.
European added value : the Commission shall ensure that the actions selected for funding are intended to produce results with European added value and shall monitor whether European added value was actually achieved through the final results of the actions financed by the Programme.
Implementation : in implementing this Regulation the Commission will establish annually the funding priorities in the respective policy areas. The Programme can make use of all financial instruments foreseen in the Financial Regulation . The Commission may use, on the basis of a cost-benefit analysis, an existing executive agency for the implementation of the programme, as provided for in Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes.
The programme may share resources with other Union instruments, in particular the Rights and Citizens Programme , in order to implement actions meeting the objectives of both programmes.
Participation of the programme : ac cess to the Programme shall be open to all public and/or private bodies and entities legally established in: (a) Member States; (b) EFTA countries which are party to the EEA Agreement; (c) accession countries, candidate countries and potential candidates;(d) Denmark, on the basis of an international agreement. Under the Programme, the Commission may cooperate with international organisations active in the areas covered by the Programme, such as the Council of Europe, the United Nations and the Hague Conference on Private International Law. Access to the Programme shall be open to those international organisations.
Monitoring and evaluation : the Commission shall monitor the Programme regularly. The monitoring will also provide a means of assessing the way in which gender equality and anti-discrimination issues have been addressed across the programme’s activities. Where relevant, indicators should be disaggregated by sex, age and disability. The Commission shall provide the European Parliament and the Council with: (a) an interim evaluation report, by mid-2018 at the latest; (b) an ex-post evaluation report.
Complementarity : the Commission shall ensure overall consistency, complementarity and synergies with other Union instruments, inter alia , with the Rights and Citizenship Programme, the Instrument for financial support for police cooperation, crime prevention and the fight against cross-border, serious and organised crime, the Health for Growth Programme, the Erasmus for all Programme, the Horizon 2020 Framework Programme and the Instrument for Pre-accession Assistance.
BUDGETARY IMPLICATION: the financial envelope for the implementation of the Justice Programme for the period 1 January 2014 to 31 December 2020 shall amount to EUR 472 million .
Documents
- Follow-up document: COM(2022)0121
- Follow-up document: EUR-Lex
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2022)0064
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2022)0069
- Follow-up document: COM(2018)0507
- Follow-up document: EUR-Lex
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2018)0356
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2018)0357
- Commission response to text adopted in plenary: SP(2014)148
- Final act published in Official Journal: Regulation 2013/1382
- Final act published in Official Journal: OJ L 354 28.12.2013, p. 0073
- Draft final act: 00090/2013/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading: T7-0519/2013
- Committee report tabled for plenary, 1st reading: A7-0396/2013
- Debate in Council: 3244
- Debate in Council: 3195
- Committee opinion: PE491.303
- Committee of the Regions: opinion: CDR0013/2012
- Committee opinion: PE491.190
- Economic and Social Committee: opinion, report: CES1580/2012
- Amendments tabled in committee: PE492.688
- Debate in Council: 3172
- Committee draft report: PE489.596
- Contribution: COM(2011)0759
- Contribution: COM(2011)0759
- Legislative proposal: COM(2011)0759
- Legislative proposal: EUR-Lex
- Document attached to the procedure: SEC(2011)1364
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2011)1365
- Document attached to the procedure: EUR-Lex
- Legislative proposal published: COM(2011)0759
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2011)0759 EUR-Lex
- Document attached to the procedure: SEC(2011)1364 EUR-Lex
- Document attached to the procedure: SEC(2011)1365 EUR-Lex
- Committee draft report: PE489.596
- Amendments tabled in committee: PE492.688
- Economic and Social Committee: opinion, report: CES1580/2012
- Committee opinion: PE491.190
- Committee of the Regions: opinion: CDR0013/2012
- Committee opinion: PE491.303
- Draft final act: 00090/2013/LEX
- Commission response to text adopted in plenary: SP(2014)148
- Follow-up document: COM(2018)0507 EUR-Lex
- Follow-up document: EUR-Lex SWD(2018)0356
- Follow-up document: EUR-Lex SWD(2018)0357
- Follow-up document: COM(2022)0121 EUR-Lex
- Follow-up document: EUR-Lex SWD(2022)0064
- Follow-up document: EUR-Lex SWD(2022)0069
- Contribution: COM(2011)0759
- Contribution: COM(2011)0759
Activities
- Philip CLAEYS
Plenary Speeches (2)
- Kinga GÖNCZ
Plenary Speeches (2)
- Roberta ANGELILLI
Plenary Speeches (1)
- Regina BASTOS
Plenary Speeches (1)
- Gerard BATTEN
Plenary Speeches (1)
- Luigi BERLINGUER
Plenary Speeches (1)
- Andrew Henry William BRONS
Plenary Speeches (1)
- Wim van de CAMP
Plenary Speeches (1)
- Agustín DÍAZ DE MERA GARCÍA CONSUEGRA
Plenary Speeches (1)
- Mariya GABRIEL
Plenary Speeches (1)
- Lidia Joanna GERINGER DE OEDENBERG
Plenary Speeches (1)
- Nathalie GRIESBECK
Plenary Speeches (1)
- Salvatore IACOLINO
Plenary Speeches (1)
- Timothy KIRKHOPE
Plenary Speeches (1)
- Jean LAMBERT
Plenary Speeches (1)
- Eva LICHTENBERGER
Plenary Speeches (1)
- Baroness Sarah LUDFORD
Plenary Speeches (1)
- Monica MACOVEI
Plenary Speeches (1)
- Alajos MÉSZÁROS
Plenary Speeches (1)
- Miroslav MIKOLÁŠIK
Plenary Speeches (1)
- Sandra PETROVIĆ JAKOVINA
Plenary Speeches (1)
- Marie-Christine VERGIAT
Plenary Speeches (1)
- Nikola VULJANIĆ
Plenary Speeches (1)
- Cecilia WIKSTRÖM
Plenary Speeches (1)
- Janusz WOJCIECHOWSKI
Plenary Speeches (1)
- Tadeusz ZWIEFKA
Plenary Speeches (1)
- Inês Cristina ZUBER
Plenary Speeches (1)
Amendments | Dossier |
121 |
2011/0369(COD)
2012/06/27
BUDG
20 amendments...
Amendment 10 #
Proposal for a regulation Recital 7 (7) Whereas the Drug prevention and
Amendment 11 #
Proposal for a regulation Recital 9 (9)
Amendment 12 #
(9a) The aim of this regulation is to prevent and reduce national and transnational crime, namely trafficking of human beings, particularly women and children, smuggling of arms and ammunition, traffic in drugs and nuclear material, fraud, money laundering and corruption.
Amendment 13 #
Proposal for a regulation Article 5 – subparagraph 1 – point b – introductory part (b) to
Amendment 14 #
Proposal for a regulation Article 5 – subparagraph 1 – point c – introductory part (c) to prevent and reduce
Amendment 15 #
Proposal for a regulation Article 5 – subparagraph 2 The Programme shall aim to promote equality between women and men and combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age
Amendment 16 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) enhancing public awareness and knowledge of Union law
Amendment 17 #
(d) improving the knowledge and understanding of potential issues affecting the smooth functioning of a European area of justice with a view to ensuring evidence- based policy making
Amendment 18 #
Proposal for a regulation Article 6 – paragraph 2 – point d (d) support for main actors, such as support for Member States when implementing Union law and policies; support for key European
Amendment 19 #
2. Public and/or private bodies
Amendment 20 #
Proposal for a regulation Article 8 – paragraph 1 1.
Amendment 21 #
3. The budgetary authority shall authorise the available annual appropriations with
Amendment 22 #
Proposal for a regulation Article 11 1. The Commission, in cooperation with the Member States, shall ensure overall consistency, complementarity and synergies with other Union instruments, inter alia, with the Rights and Citizenship Programme, the Instrument for financial support for police cooperation, crime prevention and the fight against cross- border, serious and organised crime, the Health for Growth Programme, the Erasmus for all Programme, the Horizon 2020 Framework Programme and the Instrument for Pre-accession Assistance. The Commission shall also ensure overall consistency, complementarity and synergies with the EU agencies whose mandates cover the same domains as the programme.
Amendment 23 #
Proposal for a regulation Article 12 – paragraph 1 1. The Commission shall take appropriate measures ensuring that, when actions financed under this Regulation are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal and/or irregular activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and deterrent penalties.
Amendment 24 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 2. The Commission or its representatives and the Court of Auditors
Amendment 25 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 2 The European Anti-fraud Office (OLAF)
Amendment 26 #
Proposal for a regulation Article 13 – paragraph 1 1. The Commission shall monitor the Programme regularly in order to follow the implementation of actions carried out under it in the areas of actions referred to in Article 6 (1) and the achievement of the specific objectives referred to in Article 5. The monitoring will also provide a means of assessing the way in which gender equality and anti-discrimination issues have been addressed across the programme's activities. Where relevant, indicators should be disaggregated by sex, age
Amendment 27 #
Proposal for a regulation Article 13 – paragraph 2 – point aa (new) (aa) annual evaluation reports;
Amendment 28 #
Proposal for a regulation Article 13 – paragraph 3 3. The annual and interim evaluation shall report on the achievement of the Programme's objectives, the efficiency of the use of resources and the Programme's European added value with a view to determining whether funding in areas covered by the Programme shall be renewed, modified or suspended after 2020. It shall also address the scope for any simplification of the Programme, its internal and external coherence, as well as the continued relevance of all objectives and actions. It shall take into account the results of the ex-
Amendment 9 #
Draft legislative resolution Recital 1 b (new) 1b. Recalls its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe1; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value; points out that even with an increase in the level of resources for the next MFF of at least 5% compared to the 2013 level only a limited contribution can be made to the achievement of the Union’s agreed objectives and commitments and the principle of Union solidarity; _______________ 1 Texts adopted, P7_TA(2011)0266.
source: PE-492.643
2012/07/09
LIBE, JURI
79 amendments...
Amendment 100 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) training activities for members of the judiciary and judicial staff, such as staff exchanges, workshops, seminars, train-the- trainer events, and development of online or other training modules, recognising that development of online training is more cost-effective and should be the first consideration;
Amendment 101 #
Proposal for a regulation Article 6 – paragraph 2 – point c (c) mutual learning, cooperation,
Amendment 102 #
Proposal for a regulation Article 6 – paragraph 2 – point c (c) mutual learning, inter-agency coordination and collaboration, cooperation, awareness raising and dissemination activities, such as identification of, and exchanges on
Amendment 103 #
Proposal for a regulation Article 6 – paragraph 2 – point d (d) support for main actors, such as support for Member States when implementing and applying Union law and policies
Amendment 104 #
Proposal for a regulation Article 6 – paragraph 2 – point d (d) support for main actors, such as support for Member States when implementing and applying Union law and policies; support for key European level networks and non- governmental organisations whose activities are linked to the implementation of the objectives of the Programme; networking among specialised bodies and organisations, including among legal, judicial and administrative authorities and legal professionals, academic institutions and national, regional and local authorities at European level; improving the coordination of existing networks; funding of experts' networks; funding of European level observatories.
Amendment 105 #
Proposal for a regulation Article 6 – paragraph 2 – point d (d) support for main actors, such as support for Member States when implementing Union law and policies; support for key European level networks whose activities are linked to the implementation of the objectives of the Programme; support for NGOs whose activities are linked to implementing the goals of the programme; networking among specialised bodies and organisations, national, regional and local authorities at European level; funding of experts' networks; funding of European level observatories.
Amendment 106 #
Proposal for a regulation Article 6 – paragraph 2 – point d (d) support for main actors, such as support for Member States, including national judicial training institutes, when implementing and applying Union law and policies; support for key
Amendment 107 #
Proposal for a regulation Article 7 – paragraph 1 – introductory wording 1. Access to the Programme shall be open to all non-governmental organisations established and registered in the Union and all public and/or private bodies and entities legally established in:
Amendment 108 #
Proposal for a regulation Article 7 a (new) Article 7a The Commission shall hold a regular dialogue with the beneficiaries of the programme.
Amendment 109 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2a. When funding main actors, key European-level networks, experts' networks or European-level observatories, the annual operating grants provided by the Programme shall not exceed 10 % of the overall annual budget of the funded body or entity.
Amendment 110 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3a. VAT which is not recoverable under national VAT legislation is eligible in the case of action grants and operating grants.
Amendment 111 #
Proposal for a regulation Article 8 a (new) Article 8 a Annual work programmes 1. The Commission shall be authorised to adopt delegated acts in accordance with Article 8b in the form of annual work programmes drawn up in accordance with the Financial Regulation and establishing in particular: a) the priorities and actions to be taken each year, including the indicative distribution of financial resources; b) the details of the eligibility criteria for beneficiaries; c) the main selection and award criteria for selecting proposals to receive a financial contribution. 2. The Commission shall implement the annual work programmes by setting the timetable for the calls for tenders and calls for proposals that are planned. 3. The Commission shall involve local and regional authorities in drawing up, developing and implementing the annual programmes. 4. The measures referred to in paragraph 2 shall be adopted in accordance with the advisory procedure referred to in Article 10, paragraph 2.
Amendment 112 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3a. VAT which is not recoverable under national VAT legislation is eligible in the case of action grants and operating grants.
Amendment 113 #
Proposal for a regulation Article 11 – paragraph 1 1. The Commission, in cooperation with the Member States, shall ensure overall consistency, complementarity and
Amendment 114 #
Proposal for a regulation Article 13 – paragraph 1 1. The Commission shall monitor the Programme regularly in order to follow the implementation of acti
Amendment 115 #
Proposal for a regulation Article 13 – paragraph 1 1. The Commission shall monitor the Programme regularly in order to follow the implementation of actions carried out under it in the areas of actions referred to in Article 6 (1) and the achievement of the specific objectives referred to in Article 5. The monitoring will also provide a means of assessing the way in which gender equality and anti-discrimination issues have been addressed across the programme's activities. Where relevant, indicators should be disaggregated by sex, age
Amendment 116 #
Proposal for a regulation Article 13 – paragraph 1 1. The Commission shall monitor the Programme regularly in order to follow the implementation of actions carried out under it in the areas of actions referred to in Article 6 (1) and the achievement of the specific objectives referred to in Article 5. The monitoring will also provide a means of assessing the way in which gender equality and anti-discrimination issues have been addressed across the programme's activities. Where relevant, indicators should be disaggregated by sex, age
Amendment 117 #
Proposal for a regulation Article 13 – paragraph 1 a (new) 1a. Monitoring shall be carried out to assess the way in which the protection of the rights of the child and child protection have been addressed across the Programme's activities. Indicators shall be disaggregated by sex, age, ethnicity, nationality and disability.
Amendment 118 #
Proposal for a regulation Article 13 – paragraph 1 b (new) 1b. The Commission shall monitor spending under the Programme annually and therefore introduce budget analysis as a budget monitoring mechanism. Indicators for budget monitoring should be disaggregated by sex, age, ethnicity, nationality and disability.
Amendment 119 #
Proposal for a regulation Article 13 – paragraph 1 c (new) 1c. The Commission shall ensure regular, external and independent evaluation of the Programme and shall report to the European Parliament on a regular basis.
Amendment 120 #
Proposal for a regulation Article 13 – paragraph 3 3. The interim evaluation shall report on the achievement of the Programme's objectives, on the qualitative and quantitative impact of the implementation, and on the efficiency of the use of resources and the Programme's European added value, taking into account stakeholder consultations, with a view to determining whether funding in areas covered by the Programme shall be renewed, modified or suspended after 2020.
Amendment 121 #
Proposal for a regulation Article 13 – paragraph 3 a (new) 3a. In its evaluation, the Commission shall report in particular on grants for operational costs when funding main actors, key European-level networks, experts' networks or European-level observatories.
Amendment 43 #
Proposal for a regulation Recital 1 (1) The Treaty on the Functioning of the European Union provides for the creation of an area of freedom, security and justice, in which persons are free to move. To that end, the Union may adopt measures to develop judicial cooperation in civil and criminal matters and promote and support the action of Member States in the field of crime prevention, notably for the prevention and reduction of hard drug demand and supply.
Amendment 44 #
Proposal for a regulation Recital 1 (1) The Treaty on the Functioning of the European Union provides for the creation of an area of freedom, security and justice with respect for fundamental rights, in which persons are free to move. To that end, the Union may adopt measures to develop judicial cooperation in civil and criminal matters and promote and support the action of Member States in the field of crime prevention, notably for the prevention and reduction of drug demand
Amendment 45 #
Proposal for a regulation Recital 2 (2) The Stockholm Programme reaffirms the priority of developing an area of freedom, security and justice and specifies within its political priorities the achievement of a Europe of law and justice. Financing is identified as one of the important tools for the successful implementation of the Stockholm Programme's political priorities. The ambitious goals set by the Treaties and by the Stockholm programme should be realised by establishing a flexible and effective programme which will facilitate planning and implementation.
Amendment 46 #
Proposal for a regulation Recital 3 (3) The Communication from the Commission on Europe 2020 sets out a strategy for smart, sustainable and inclusive growth. A well-functioning area of justice, where obstacles in cross-border
Amendment 47 #
Proposal for a regulation Recital 4 (4) Experience of action at Union level has shown that achieving these objectives in practice calls for a combination of instruments, including legislation, policy initiatives and funding. Funding is an important tool complementing legislative measures. A funding programme should therefore be established. However, the annual operating grants provided by the funding programme should not exceed 10 % of the overall annual budget of the funded body or entity.
Amendment 48 #
Proposal for a regulation Recital 5 (5) The Commission Communication on ‘A budget for Europe 2020’ stresses the need for rationalisation and simplification of Union funding. Especially in view of the current economic crisis, it is of the utmost importance that Union funds be designed and managed in the most diligent manner. Meaningful simplification and efficient management of funding can be achieved through the reduction in the number of programmes and rationalisation, simplification and harmonisation of funding rules and procedures.
Amendment 49 #
Proposal for a regulation Recital 6 a (new) (6a) The simplification of this programme's structure should not lead to a decrease in available financial resources compared to previous programmes in 2007-2013.
Amendment 50 #
Proposal for a regulation Recital 6 (6) In response to the need for
Amendment 51 #
Proposal for a regulation Recital 7 (7)
Amendment 52 #
Proposal for a regulation Recital 7 (7) Whereas the Drug prevention and information programme was based on a public health legal basis and therefore covered health considerations, notably the reduction of health harms associated with drug use, the Justice programme should approach anti-drugs policy via the angle of crime prevention through projects to provide education in living within the law, with a view to combating the involvement of very young people in particular in illegal activities. Illicit drug trafficking and other illegal activities related to drugs should be the main focus of drug-related funding under the new programme.
Amendment 53 #
Proposal for a regulation Recital 7 (7)
Amendment 54 #
Proposal for a regulation Recital 8 (8) The Commission Communications ‘The EU Budget Review’ and ‘A budget for Europe 2020’ also underline the importance of focusing funding on activities with clear European added value, i.e. where the Union intervention can bring additional value compared to action of Member States alone. Actions covered by this Regulation should contribute to the creation of a European area of justice by promoting the principle of mutual recognition, developing mutual trust
Amendment 55 #
Proposal for a regulation Recital 8 a (new) Amendment 56 #
Proposal for a regulation Recital 8 a (new) (8a) Justice systems should guarantee the respect for, and the effective implementation of, all children's rights, as enshrined in Article 3(3) of the Treaty on European Union and Article 24 of the Charter of the Fundamental Rights of the European Union, at the highest attainable level, including the rights to due process, to participate in and to understand the proceedings, to respect for private and family life and to integrity and dignity.
Amendment 57 #
Proposal for a regulation Recital 8 a (new) (8a) With a view to ensuring a genuine European judicial area based on mutual trust, it is necessary that common principles of the rule of law, non- discrimination, equal access to justice and a well functioning independent judicial system in line with Union values be promoted.
Amendment 58 #
Proposal for a regulation Recital 8 a (new) (8a) Initiatives in the field of non- discrimination must take into due consideration the fact that discriminating also means affording equal treatment to situations which are intrinsically different. Moreover, in the field in question, it is necessary to avoid instrumentalisations, forced interpretations or privileged treatment for any grounds of discrimination.
Amendment 59 #
Proposal for a regulation Recital 8 a (new) (8a) European networks and institutes, such as the European Judicial Training Network (EJTN), the European Network of Councils for the Judiciary (ENCJ), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe), the Network of the Presidents of Supreme Judicial Courts of the European Union (RPCSJUE) and the Academy of European Law, should continue to play their role of promoting training programmes for judicial and legal staff as part of a truly European dimension and thus be granted appropriate financial support, in particular through the recognition of the fees of judges and prosecutors involved in their programme as forming part of the eligible costs of actions and through the co-financing of expenses linked to the EJTN's ongoing work programme.
Amendment 60 #
Proposal for a regulation Recital 8 b (new) (8b) Judges, prosecutors and professionals working in judicial matters regarding children should receive adequate and specific training on the rights and needs of children, giving due consideration to the child's level of maturity and understanding and the circumstances of the case as well as the type of proceedings best suited to the matter. They should also be trained in communicating with children of all ages and stages of development, as well as with children in situations of particular vulnerability (e.g. children who are victims and/or witnesses).
Amendment 61 #
Proposal for a regulation Recital 8 (8) The Commission Communications ‘The EU Budget Review’ and ‘A budget for Europe 2020’ also underline the importance of focusing funding on activities with clear European added value, i.e. where the Union intervention can bring additional value compared to action of Member States alone. Actions covered by this Regulation should contribute to the creation of a European area of justice by promoting the principle of mutual recognition, developing mutual trust between the Member States, increasing cross-border cooperation and networking and developing e-justice and achieving correct, coherent and consistent application of Union law. Funding activities should also contribute to achieving effective and better knowledge of Union law and policies by all those concerned, and provide a sound analytical basis for the support and the development of Union legislation and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover the Union is in a better position than Member States to address cross-border situations and to provide a European platform for
Amendment 62 #
Proposal for a regulation Recital 9 (9) In the field of drugs, demand and supply create a real threat that Member States cannot tackle sustainably on their own. Union intervention under this Regulation should support Member States' actions to prevent – including prevention and information programmes – and reduce drug demand and supply, notably by supporting cross-
Amendment 63 #
Proposal for a regulation Recital 9 (9) In the field of drugs, demand and supply create a real threat that Member States cannot tackle sustainably on their own. Union intervention under this Regulation should support Member States' actions to prevent and reduce drug demand and supply, notably by supporting cross- border cooperation on enforcement
Amendment 64 #
Proposal for a regulation Recital 9 (9) In the field of drugs, demand and supply create a real threat that Member States cannot tackle sustainably on their own. Union intervention under this Regulation should support Member States' actions to prevent and reduce hard drug demand and supply, as well as drug dependence and drug-related health damage, notably by supporting cross- border cooperation
Amendment 65 #
Proposal for a regulation Recital 9 a (new) Amendment 66 #
Proposal for a regulation Recital 9 b (new) (9b) The Commission should ensure that it publishes information on calls for projects or proposals at a sufficiently early stage. The provision of identical forms from one year to the next and for various calls should be encouraged.
Amendment 67 #
Proposal for a regulation Recital 9 c (new) Amendment 68 #
Proposal for a regulation Recital 9 d (new) (9d) The Commission should ensure an equitable geographic distribution of the projects funded under this programme and encourage the development of projects in Member States where few projects are run.
Amendment 69 #
Proposal for a regulation Recital 9 e (new) (9e) The website of the Commission's DG Justice and the web pages devoted to Justice programme should be improved to ensure better visibility for the programme, these goals, the various calls for projects or proposals and time schedules.
Amendment 70 #
Proposal for a regulation Recital 9 f (new) (9f) Any beneficiary of co-funding under this programme should mention this financial support by information and publicity measures in order clearly to draw attention to the Union's intervention.
Amendment 71 #
Proposal for a regulation Recital 15 a (new) (15a) Pursuant to Article 3 of the Treaty on European Union, the Programme should support the protection of the rights of the child. Regular monitoring and evaluation should be carried out to assess the way in which the protection of the rights of the child and, moreover, child protection is addressed in the Programme's activities. Expenditure on children should be monitored in order to assess the way in which the protection of the rights of the child and child protection are addressed in the Programme's activities.
Amendment 72 #
Proposal for a regulation Recital 15 a (new) (15a) The assessment of the existence of a European added value in the funded actions should refer to the highest and broadest possible extent of sharing of the proposed approach, especially in the ethical context.
Amendment 73 #
Proposal for a regulation Recital 15 a (new) (15a) In accordance with the Charter of Fundamental Rights of the European Union and the 1989 United Nations Convention on the Rights of the Child, special regard should be paid to children and children's rights. The Programme established by this Regulation should aim, in particular, to increase child protection within justice systems and access to justice for children, to strengthen components of national child protection systems and to foster coordination mechanisms. Such actions may include, in particular, the training of professionals involved in the administration of juvenile justice and justice systems including those pertaining to migration and asylum matters, research into, and the collection of data on, children involved in judicial proceedings, cross-border cooperation in relation to cases involving the sexual exploitation and/or trafficking of children.
Amendment 74 #
Proposal for a regulation Recital 16 (16) The financial interests of the Union should be protected through
Amendment 75 #
Proposal for a regulation Recital 17 (17) Since the objective of this Regulation, namely to contribute to the creation of a European area of justice covering all actors in the field of preventive and litigious justice (judges, lawyers, and notaries in their capacity as public office- holders), cannot be sufficiently achieved by the Member States and can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 76 #
Proposal for a regulation Recital 17 (17) Since the objective of this Regulation, namely to contribute to the creation of a European area of justice, cannot always be sufficiently achieved by the Member States and can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 77 #
Proposal for a regulation Article 2 – point b (b) ‘members of the judiciary and judicial staff’ means judges, prosecutors, advocates,
Amendment 78 #
Proposal for a regulation Article 2 – point b b) ‘members of the judiciary and judicial staff' means judges, prosecutors, advocates, solicitors, notaries, court officers, civil and commercial mediators, bailiffs, court interpreters and other professionals associated with the judiciary.
Amendment 79 #
Proposal for a regulation Article 3 – paragraph 1 Amendment 80 #
Proposal for a regulation Article 3 – paragraph 1 The Programme shall finance actions with European added value. To that effect,
Amendment 81 #
Proposal for a regulation Article 3 – paragraph 1 a (new) The Programme shall finance actions which help to progress the objectives of the Justice Programme by contributing to the creation of a genuine area of justice through promoting judicial cooperation in civil and criminal matters. To that effect, the Commission shall ensure that the actions selected for funding produce quantifiable results in European judicial cooperation.
Amendment 82 #
Proposal for a regulation Article 4 The general objective of the Programme shall be to contribute to the
Amendment 83 #
Proposal for a regulation Article 5 – paragraph 1 – point a – subparagraph 2 The indicator
Amendment 84 #
Proposal for a regulation Article 5 – paragraph 1 – point a a (new) (aa) to improve mutual knowledge of the civil and criminal law and legal systems of Member States;
Amendment 85 #
Proposal for a regulation Article 5 – paragraph 1 – point b a (new) (ba) to promote networking, mutual cooperation and the exchange and dissemination of information, experience and good practice between the judicial and administrative authorities and the legal professions, particularly through the development of e- justice;
Amendment 86 #
Proposal for a regulation Article 5 – paragraph 1 – point c – subparagraph 1 (c) to prevent and reduce hard drug demand and supply, as well as drug dependence and drug-related health damage.
Amendment 87 #
Proposal for a regulation Article 5 – paragraph 1 – point c – subparagraph 2 The indicator to measure the achievement
Amendment 88 #
Proposal for a regulation Article 5 – paragraph 2 The Programme shall aim to promote equality between women and men and combat discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation in all its activities. The Programme shall promote and support the protection of the rights of victims.
Amendment 89 #
Proposal for a regulation Article 5 – paragraph 2 The Programme shall aim to promote equality between women and men and combat discrimination based on sex, rac
Amendment 90 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2 (a) As part of the implementation of the actions set out in Article 6, the programme shall aim, in all its activities, to strengthen the rights of children in the field of justice.
Amendment 91 #
Proposal for a regulation Article 5 – paragraph 2 a (new) In the implementation of the actions set out in Article 6, the Programme shall seek to promote the rights of the child and child protection systems in order to protect children against physical and mental harm, violence, abuse, exploitation and neglect.
Amendment 92 #
Proposal for a regulation Article 5 a (new) Article 5 a Indicators The achievement of the specific objectives referred to in Article 5 shall be assessed on the basis of clearly pre-defined, transparent and measurable performance indicators, such as: (a) the number of cases of cross-border cooperation, including the number of cases involving cooperation with Eurojust; (b) the number and percentage of members of the judiciary and judicial staff that have participated in training activities, staff exchanges and study visits funded by the Programme.
Amendment 93 #
Proposal for a regulation Article 6 – paragraph 1 – point a Amendment 94 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) enhancing public awareness and knowledge of Union law and policies
Amendment 95 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) enhancing public awareness and knowledge of rights, Union law and policies;
Amendment 96 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b)
Amendment 97 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) combating discrimination in judicial practices and promoting equal access to justice;
Amendment 98 #
Proposal for a regulation Article 6 – paragraph 1 – point c c) promoting transnational cooperation, as a matter of priority in cross-border regions, and building up of mutual knowledge and mutual trust;
Amendment 99 #
Proposal for a regulation Article 6 – paragraph 2 – point a (a) analytical activities, such as collection of
source: PE-492.688
2012/09/11
FEMM
22 amendments...
Amendment 14 #
Proposal for a regulation Recital 2 a (new) (2a) The Commission Action Plan on the Stockholm Programme envisages the preparation of a strategy to combat violence against women, domestic violence and female genital mutilation to be followed up by an EU action plan.
Amendment 15 #
Proposal for a regulation Recital 5 a (new) (5a) The achievement of the overarching priority of gender equality and combating violence against women in all its forms requires sufficient and predictable level of funding, therefore the move towards simplification and more efficient management of funding should ensure that shares of EU funding are permamently reserved for promoting gender equality and combating violence against women in all its forms.
Amendment 16 #
Proposal for a regulation Recital 8 a (new) (8a) Funding for programmes and activities that promote women's rights and gender equality is key to ensuring that the EU budget reflects the TFEU's commitment to gender equality, therefore the Commission should select programmes and actions for funding by assessing the proposals against pre- defined criteria which take particular account of European added value in terms of gender equality and combating violence against women in all its forms.
Amendment 17 #
Proposal for a regulation Recital 8 b (new) (8b) Gender budgeting is the application of gender mainstreaming in the budgetary processes. It means a gender-based assessment of budgets, incorporating a gender perspective at all levels of the budgetary process and restructuring revenues and expenditures in order to promote gender equality.
Amendment 18 #
Proposal for a regulation Article 3 – paragraph 1 The Programme shall finance actions with European added value and obey the principles of gender budgeting. To that effect, the Commission shall ensure that the actions selected for funding are intended to produce results with European added value and shall monitor whether European added value was actually achieved through the final results of the actions financed by the Programme. The European added value shall be assessed on the basis of its potential to contribute to achieving the overarching priorities of gender equality and combating violence against women.
Amendment 19 #
Proposal for a regulation Article 4 – paragraph 1 The general objective of the Programme shall be to contribute to the creation of a European area of justice by promoting judicial cooperation in civil and criminal matters whilst respecting the legal systems of individual Member States. The general objective of the programme shall of necessity be achieved through compliance with Articles 8, 9, 10, 11 and 18 of the Treaty on the Functioning of the European Union and with the Charter of Fundamental Rights of the European Union.
Amendment 20 #
Proposal for a regulation Article 4 – paragraph 1 The general objective of the Programme shall be to contribute to the creation of a European area of justice by promoting judicial cooperation in civil and criminal matters. The Programme should in particular aim to uphold the Union's values of fundamental rights, gender equality, and non-discrimination.
Amendment 21 #
Proposal for a regulation Article 5 – paragraph 1 – point a a) to promote effective, comprehensive and consistent application of Union legislation in the areas of judicial cooperation in civil and criminal matters, as well as better procedural rules, particularly as regards the rights of victims of crime, sexual violence and exploitation, with a focus on the most vulnerable victims, such as women and children. The indicator to measure the achievement of this objective shall be, inter alia, the number of cases of trans-border cooperation.
Amendment 22 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) to facilitate access to justice. The indicator to measure the achievement of this objective shall be, inter alia, the European perception of access to justice, and in particular the respect for fundamental rights, gender equality and non-discrimination, as well as equality in access to justice for all.
Amendment 23 #
Proposal for a regulation Article 5 – paragraph 1 – point c a (new) (ca) to combat violence against women and gender based violence, i.e.violence which is directed against women because of being, or being perceived to be, a woman, or violence that is directed against a person because of his or her gender, gender identity, or gender expression.
Amendment 24 #
Proposal for a regulation Article 5 – paragraph 1 – point c a (new) (ca) to combat gender based violence, i.e. violence that is directed against a person because of his or her gender, gender identity or gender expression of affects persons of a particular gender disproportionately.
Amendment 25 #
Proposal for a regulation Article 5 – paragraph 2 The Programme shall aim to promote women’s rights, women’s empowerment, the principles of equality between women and men, and
Amendment 26 #
Proposal for a regulation Article 5 – paragraph 2 The Programme shall aim to promote
Amendment 27 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) enhancing public awareness and knowledge of Union law and policies focusing on equality, fundamental rights, gender equality, and anti-discrimination;
Amendment 28 #
Proposal for a regulation Article 6 – paragraph 1 – point d a (new) (da) promoting the principles of gender equality and non discrimination, and taking effective measures to combat violence against women in all its forms.
Amendment 29 #
Proposal for a regulation Article 6 – paragraph 1 – point d a (new) (da) supporting and promoting judicial cooperation and the effective application of legal provisions, and improving procedural rules, particularly in areas involving human rights, fundamental freedoms, women’s rights, children’s needs, principles of gender equality, the rights of victims of crime, and the fight against sexual violence and discrimination on grounds of gender, race, ethnicity, religion, beliefs, disability, age or sexual orientation.
Amendment 30 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) training activities for members of the judiciary and judicial staff, such as staff exchanges, workshops, seminars, train-the- trainer events, development of online or other training modules incorporating training sessions, seminars and modules focusing on promoting equality between women and men, victims of sexual violence and exploitation, children’s needs, and combating gender-based discrimination and stereotypes;
Amendment 31 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) training activities for members of the judiciary and judicial staff, such as staff exchanges, workshops, seminars, train-the- trainer events, development of online or other training modules, which pay particular attention to issues such as gender equality, women's rights and the phenomenon of violence against women. Training modules should be designed in close cooperation with civil society organisation and experts and equip professionals with the tools to effectively put EU rights and policies into practice;
Amendment 32 #
Proposal for a regulation Article 6 – paragraph 2 – point d (d) support for main actors, such as support for Member States when implementing Union law and policies; support for key European level networks whose activities are linked to the implementation of the objectives of the Programme; networking among specialised bodies and organisations, national, regional and local authorities at European level; support for developing victim support services, including women's shelters, funding of experts‘ networks; funding of European level observatories.
Amendment 33 #
Proposal for a regulation Article 8 – paragraph 2 2. The financial allocation of the Programme may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required for the management of the Programme and the achievement of its objectives; in particular, studies, meetings of experts, information and communication actions, including corporate communication of the political priorities of the European Union, as far as they are related to the general objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, together with all other technical and administrative assistance expenses incurred by the Commission for the management of the Programme. In the interest of ensuring efficient and just spending of the resources, the Programme budget should be subject to a gender audit.
Amendment 34 #
Proposal for a regulation Article 13 – paragraph 1 1. The Commission shall monitor the Programme regularly in order to follow the implementation of actions carried out under it in the areas of actions referred to in Article 6 (1) and the achievement of the
Amendment 35 #
Proposal for a regulation Article 13 – paragraph 4 a (new) (4a). The evaluations undertaken should take stock of the Programme's overarching contribution to a Union that upholds the values of equality in access to justice for all, respect for fundamental rights, gender equality and non- discrimination.
source: PE-496.308
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