Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | CONT | MACOVEI Monica ( PPE) | KALFIN Ivailo ( S&D), STAES Bart ( Verts/ALE), CZARNECKI Ryszard ( ECR), HARTONG Lucas ( NA) |
Committee Opinion | AFET | KACIN Jelko ( ALDE) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
The European Parliament adopted a resolution on budgetary management of European Union pre-accession funds in the areas of judicial systems and the fight against corruption in the candidate and potential candidate countries.
Parliament considered that potential candidate and candidate countries should continue their efforts to improve their judicial systems and fight against corruption, even when they have become EU Member States. It recalled that the fight against corruption and organised crime is one of the most important priorities for any candidate or potential candidate country wishing to fulfil its European perspective.
Judicial reform and the fight against corruption : Parliament made a series of observations on the projects funded by EU pre-accession assistance in each of the candidate countries and potential candidate countries. It emphasises the Commission’s new approach to address justice reforms and home affairs issues early in the accession process. Members note, however, that on average only 2.87 % of the total EU pre-accession assistance envelope for the period 2007-2013 is devoted to justice and only 0.52 % to the fight against corruption. Parliament also notes that the level of co-financing by domestic authorities differs widely from one country to another, with Croatia and Turkey co-financing most of their projects and Serbia having all its projects fully covered by the EU pre-accession assistance. Parliament is of the opinion that co-financed projects, especially in the areas of the judiciary and the fight against corruption, bring a higher degree of ownership from the beneficiaries. It calls therefore on the Commission to increase, under IPA II, the number of projects co-financed by domestic authorities .
Parliament regretted that the level of pre-accession assistance invested in judiciary reform and the fight against corruption does not reflect the priority set by the Commission in this respect. It urged the Commission and the beneficiary countries to allocate a more substantial and adequate level of funding to these two sectors bearing in mind the importance of these issues, the severity of the problems faced in the field. It also regretted that the Commission does not have a tool to provide an execution rate in an automated manner for the EU pre-accession projects and called on the Commission to centralise data on a 6 monthly basis on the execution rate of the projects for which EU pre-accession assistance is allocated.
Members stressed that the effectiveness of pre-accession projects implemented in the areas of the judiciary and the fight against corruption depends primarily on the authorities’ political will. They deplored the fact that in most candidate and potential candidate countries there is a lack of strong political support for putting in place effective reforms.
The resolution made several recommendations on strengthening the fight against corruption and judicial reform, including the following:
a clearer definition of the scope of projects in the areas of judicial systems and the fight against corruption; Parliament should be kept informed about the implementation of the IPA and the allocation of funds for candidate and potential candidate countries; the justice system should be fully independent , more predictable, efficient and fair improved professionalism, transparency and efficiency of the judicial systems.
Regarding the fight against corruption, Parliament is deeply concerned about the situation in the Western Balkans and stressed the need for better planning and funding of anti-corruption activities, based on the cooperation of a broad range of stakeholders. It called on the Commission to develop a longer-term and broad-based strategic perspective of EU funding for civil society organisations which are working in transparency and anti-corruption areas at both national and European levels.
Parliament also asked the relevant authorities to improve interinstitutional cooperation, especially with law enforcement structures, raise public awareness and develop capacities for planning, enforcing and monitoring anti-corruption activities, as well as to cooperate closely with the Group of States against Corruption (GRECO).
On the issues of freedom of the press and media and digital freedom, Parliament called for these freedoms to be actively pursued through programmes under the IPA aimed at governments, citizens and press and media outlets.
It is concerned that EU pre-accession assistance is not always used in a consistent manner due to the lack of a regional approach and strategy, giving as and example the different approaches of funding in Croatia and in Kosovo.
Implementation of projects : Parliament noted that pre-accession projects have a time span of between one and 3.5 years. Acknowledging that such deadlines are challenging, Members recommended that the Commission take adequate measures within the framework of IPA II programming and projects which would lead to a longer timescale (five to seven years). They also deplored the chronic delays incurred in the implementation and efficiency of certain projects, particularly in Turkey.
At the same time, Members are concerned about the complexity of pre-accession assistance rules and called on the Commission to find the right balance between flexibility serving project efficiency and the need to avoid irregularities under IPA II.
They also suggested:
preparatory ("pilot") activities in cases of broad projects prior to their full deployment; a more comprehensive sectoral approach in the areas of judiciary reform and the fight against corruption cooperation and coordination with other donors and international financial institutions.
Performance and sustainability : Parliament recalled that following its audit of pre-accession projects for the period 2001-2005, the European Court of Auditors stated that project sustainability could be improved if: (i) beneficiary involvement was increased; (ii) no projects were launched without a maintenance plan; (iii) the Commission monitored distribution more closely and evaluated the use of EU-funded equipment and infrastructure; and (iv) the delivery of technical assistance was adequately complemented by active encouragement for institutional change. It also underlined the fact that despite improvements, certain projects continue to lack focus.
Members insisted on the need for designing qualitative indicators capable of measuring the long-term impact of the projects. They called on the Commission to continue to issue guidance on the utilisation of performance indicators to be used for programming under IPA II.
Parliament also called for: (i) strengthening training activities in the field of judicial reform; (ii) improving legislative reforms in line with European standards.
ROM: Members acknowledged that the Commission assesses the impact and sustainability of pre-accession programmes through results-oriented monitoring (ROM) reports, but pointed out that the number of ROM reports is uneven across countries, ranging from 31 for Albania to none for Bosnia and Herzegovina, Croatia, Montenegro and Serbia. They urged the Commission to develop a comprehensive monitoring action plan including evaluation tools other than ROM reports, such as sector performance assessment frameworks with SMART indicators , in order to make comprehensive monitoring of project outcomes possible over time.
Transparency: Members called for a database listing all of the projects funded under pre-accession assistance programmes whereby all beneficiaries of EU funding are published on the same website, independently of the administrator of the funds. They noted the Commission’s commitment to address these issues by 2015 through the publication of information on IPA assistance in line with the International Aid Transparency Initiative (which established common standards for the electronic publication of timely, comprehensive and forward-looking information on resources provided through development cooperation).
Lastly, Parliament made a series of country-specific remarks and recommendations to rectify weaknesses concerning the following countries: Albania, Bosnia-Herzegovina, Croatia, Kosovo, FYROM, Montenegro, Serbia and Turkey.
Documents
- Commission response to text adopted in plenary: SP(2014)62
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T7-0434/2013
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A7-0318/2013
- Committee report tabled for plenary: A7-0318/2013
- Amendments tabled in committee: PE516.837
- Committee opinion: PE510.873
- Committee draft report: PE510.790
- Committee draft report: PE510.790
- Committee opinion: PE510.873
- Amendments tabled in committee: PE516.837
- Committee report tabled for plenary, single reading: A7-0318/2013
- Commission response to text adopted in plenary: SP(2014)62
Activities
- Monica MACOVEI
Plenary Speeches (1)
- Ivana MALETIĆ
Plenary Speeches (1)
- Andrej PLENKOVIĆ
Plenary Speeches (1)
- Georgios STAVRAKAKIS
Plenary Speeches (1)
Amendments | Dossier |
109 |
2011/2033(INI)
2013/07/12
AFET
13 amendments...
Amendment 1 #
Draft opinion Paragraph -1 (new) -1. Recalls that the fight against corruption and organised crime is one of the most important benchmarks for any candidate or potential candidate country wishing to fulfil its European perspective;
Amendment 10 #
Draft opinion Paragraph 4 4. Regrets the fact that IPA-I funding levels still appear limited when set against the importance of these areas; considers it essential in the future financing of these areas under IPA-II that progress in meeting specific objectives on an independent and efficient judiciary, the rule of law and combating corruption, including their implementation, should be monitored and assessed on the basis of
Amendment 11 #
Draft opinion Paragraph 4 4. Regrets the fact that IPA-I funding levels still appear limited when set against the importance of these areas; considers it essential in the future financing of these areas under IPA-II that progress in meeting specific objectives on an independent and
Amendment 12 #
Draft opinion Paragraph 4 a (new) 4 a. Considers freedom of the press and media and digital freedom to be a crucial check on power and an important component in the fight against corruption, both by providing a platform for freedom of expression and by providing the public with access to information; calls, therefore, for these freedoms to be actively pursued through programs under IPA, aimed both at governments, citizens and press and media outlets;
Amendment 13 #
Draft opinion Paragraph 4 b (new) 4 b. Underlines that the Parliament should be actively involved in the supervision of the allocation and spending of pre-accession funds in the candidate and potential candidate countries in all areas, including judicial systems and the fight against corruption; stresses, therefore, that the Parliament should be kept informed on the implementation of the IPA and the allocation of funds for candidate and potential candidate countries;
Amendment 2 #
Draft opinion Paragraph 1 1. Reiterates the importance of an independent judiciary, of the protection and promotion of fundamental rights and of an efficient fight against corruption in strengthening the rule of law and democracy; welcomes the EU's new negotiating approach, which firmly anchors these core
Amendment 3 #
Draft opinion Paragraph 1 1. Reiterates the importance of an independent judiciary and of an efficient fight against corruption in strengthening the rule of law and democracy; welcomes the EU's new negotiating approach, which firmly anchors these core fields at the heart of the accession process and includes an early opening of Chapters 23 and 24, as soon as all the preconditions are met; stresses the need for setting transparent and fair benchmarks throughout the process, which translate the criteria into concrete steps towards accession;
Amendment 4 #
Draft opinion Paragraph 1 1. Reiterates the importance of an independent judiciary and of an efficient fight against corruption in strengthening the rule of law and democracy; welcomes the EU's new negotiating approach, for future negotiating frameworks, which firmly anchors these core fields at the heart of the accession process and includes an early opening of Chapters 23 and 24; stresses the need for setting transparent and fair benchmarks throughout the process, which translate the criteria into concrete steps towards accession;
Amendment 5 #
Draft opinion Paragraph 2 2. Considers it
Amendment 6 #
Draft opinion Paragraph 2 2. Considers it an essential enlargement policy and funding concern to improve the
Amendment 7 #
Draft opinion Paragraph 3 3. Calls for unbiased and successful prosecutions and court rulings in combating corruption, including in high- profile cases, in order to enhance citizens’ trust in the rule of law and public institutions; invites the relevant authorities to improve interinstitutional cooperation, raise public awareness and develop capacities for planning, enforcing and monitoring anti-corruption rules and activities, as well as to cooperate closely with the Group of States against Corruption (GRECO) and to engage closely with state independent bodies, such as anti-corruption agencies; calls for the implementation of strategies to prevent and combat corruption nationally and internationally, by determining and promoting appropriate methods for developing such strategies;
Amendment 8 #
Draft opinion Paragraph 3 3. Calls for a track-record of unbiased and successful prosecutions and court rulings in combating corruption, including in high- profile cases, in order to enhance citizens' trust in the rule of law and public institutions; invites the relevant authorities to improve interinstitutional cooperation, especially with law-enforcement structures, raise public awareness and develop capacities for planning, enforcing and monitoring anti-corruption rules and activities, as well as to cooperate closely with the Group of States against Corruption (GRECO) and to engage closely with state independent bodies, such as anti-corruption agencies;
Amendment 9 #
Draft opinion Paragraph 4 4. Regrets the fact that
source: PE-516.629
2013/09/06
CONT
96 amendments...
Amendment 1 #
Motion for a resolution Recital A A. whereas potential candidate and candidate states should continue their efforts to improve their judicial systems and fight against corruption if this is deemed necessary for accession, even when they have become EU Member States whereas at the 1999 Helsinki Summit, the European Council gave Turkey the status of candidate country for EU membership and the EU-Turkey Accession Partnership was adopted in 2001, and whereas at the 2003 Thessaloniki European Council the Stabilisation and Association Process was confirmed as the EU policy on the countries of the Western Balkans region, thus making them eligible for EU accession;
Amendment 10 #
Motion for a resolution Paragraph 1 a (new) 1a. Acknowledges that the Commission initiated a recovery procedure in February 2012 regarding two completed projects developed in Turkey, i.e. Construction of three Courts of Appeal Houses in Ankara, Erzurum and Diyarbakır1 and Support to the establishment of Courts of Appeal in Turkey2; takes note that EUR 21 767 205.29 was recovered in April 2012 and that the amount corresponds to the payments made by the Commission for both projects; notes that the Commission's decision for a full recovery was challenged both by the EU Delegation in Turkey and external evaluators; calls on the Commission to provide by December 2013 detailed information regarding this issue and explain the choice of a full recovery; __________________ 1 Project TR0501.07, EU contribution: EUR 22 500 000, Payments on 31/12/2012: EUR 20 559 457.71 2 Project TR0401.02, EU contribution: EUR 1 400 000, Payments on 31/12/2012: EUR 1 207 747.58
Amendment 11 #
Motion for a resolution Paragraph 3 3. Notes that since 2001 EU pre-accession assistance to Turkey in the area of the fight against corruption has amounted to EUR 6 160 000 for 5 projects, of which EUR 1 661 732 was paid out as of 31 December 2012; highlights the fact that at present one project has been completed, two are ongoing and two are to be started5; seriously doubts the effectiveness of that assistance;
Amendment 12 #
Motion for a resolution Paragraph 4 4. Takes note that since 2005 EU pre- accession assistance to the countries of the Western Balkans in the area of the fight against corruption has amounted to EUR 55 160 227.76 for 45 projects, of which EUR 16 060 007.57 was paid out as of 31 December 2012; highlights the fact that at present 18 projects have been completed, 17 are ongoing and 10 are to be
Amendment 13 #
Motion for a resolution Paragraph 5 5. Notes that the EU is co-financing two ongoing multi-beneficiary programmes in the area of the fight against corruption under IPA 2010 and IPA 2011 for a total amount of EUR 5 450 000, of which EUR 2 509 942 was paid out as of 31 December 20127; seriously doubts the effectiveness of that assistance;
Amendment 14 #
Motion for a resolution Paragraph 5 a (new) 5a. Acknowledges that IPA 2007 project "Support to the capacities in the Ministries of Justice in Bosnia and Herzegovina for Strategies Planning, Aid Coordination and EU Integration" had its contract suspended; calls on the Commission to provide detailed information regarding the suspension of the contract and the state-of-play of the project by December 2013;
Amendment 15 #
Motion for a resolution Subheading 3 Funding
Amendment 16 #
Motion for a resolution Paragraph 6 Amendment 17 #
Motion for a resolution Paragraph 6 6. Emphasises the Commission's new approach to address
Amendment 18 #
Motion for a resolution Paragraph 6 6.
Amendment 19 #
Motion for a resolution Paragraph 6 6. Emphasises the Commission’s new
Amendment 2 #
Motion for a resolution Recital A A. whereas at the 1999 Helsinki Summit, the European Council gave Turkey the status of candidate country for EU membership and the EU-Turkey Accession Partnership was adopted in 2001, and whereas at the 2003 Thessaloniki European Council the Stabilisation and Association Process was confirmed as the EU policy on the countries of the Western Balkans region
Amendment 20 #
Motion for a resolution Paragraph 6 a (new) 6a. Notes that on average 4.28 % of the total EU pre-accession assistance envelope for the period 2007-2013 is devoted to justice and 1.12 % to the fight against corruption while the total amount allocated on all policy areas covered by chapters 23 and 24 (Judiciary and Fundamental rights and Justice, Freedom and Security) is approximately 7.41.% of the total pre-accession assistance. Since the Institution Building component is entirely aiming at strengthening the rule of law, one should count approximately 16.29% of funds allocated to Component I;
Amendment 21 #
Motion for a resolution Paragraph 7 Amendment 22 #
Motion for a resolution Paragraph 7 a (new) 7a. Notes that the level of co-financing by domestic authorities differs widely from a country to another with Croatia and Turkey co-financing most of their projects and Serbia having all its projects fully covered by the EU pre-accession assistance; is of the opinion that co- financed projects, especially in the areas of the judiciary and the fight against corruption, brings a higher degree of ownership from the beneficiaries; calls therefore on the Commission to increase, under IPA II, the number of project co- financed by domestic authorities;
Amendment 23 #
Motion for a resolution Paragraph 7 a (new) 7a. Considers that the level of pre- accession assistance invested in judiciary reform and the fight against corruption does not fully reflect the priority set by the Commission in this respect;
Amendment 24 #
Motion for a resolution Paragraph 7 b (new) 7b. Notes that alongside support for legislative reforms, infrastructure rehabilitation, construction, expansion and upgrading and procurement of equipment and supplies, training is a core component of EU pre-accession assistance and that approximately 30% of TAIEX events cover these areas; Recalling the importance of judiciary and corruption-related issues, the severity of the problems faced in the field, as well as the positive spillovers and synergies that other sectors would benefit from if judiciary and anti-corruptions reforms were duly completed and implemented, urges the Commission and the beneficiary countries to allocate a more substantial and adequate level of funding to these two sectors; Recognizes however that the share of overall financing is not the only criteria for the efficiency of the EU efforts to strengthen the rule of law and anti- corruption practices.
Amendment 25 #
Motion for a resolution Paragraph 8 Amendment 26 #
Motion for a resolution Paragraph 8 8. Regrets that the Commission does not have a tool to provide an execution rate in an automated manner for the EU pre- accession projects and emphasises that knowledge on execution rate is crucial in order to monitor the efficient
Amendment 27 #
Motion for a resolution Paragraph 8 a (new) 8a. Notes that cooperation on the reform of the judicial systems and the fight against corruption also takes place at the political level with country-specific structured dialogues on the rule of law and judiciary set up with candidate and candidate countries;
Amendment 28 #
Motion for a resolution Paragraph 8 b (new) 8b. Underlines that the effectiveness of pre-accession projects implemented in the areas of the judiciary and the fight against corruption depends primarily on the authorities' political will to adopt and fully implement the reforms; deplores that in most candidate and potential candidate countries there is not strong political support for putting in place effective reforms regarding the fight against corruption and organised crime or fully independent judiciary; reminds that candidate and potential candidate countries receive EU pre-accession assistance in order to bring their legal systems, both the legislative framework and practice, in line with the European standards; (To be placed under the subheading "General remarks" but before the sub- subheading "Judicial reform")
Amendment 29 #
Motion for a resolution Paragraph 8 c (new) 8c. Welcomes those changes that place the legal and institutional framework more in line with the EU acquis, as well as the modernisation of the institutional setup of the judiciary; acknowledges for instance the positive impact brought by the introduction of the Case Management System (CMS) on the impartiality and efficiency of courts though its operationality and effectiveness are sometimes hindered by overambitious objectives such as in Kosovo; (To be placed after the sub- subheading "Judicial reform")
Amendment 3 #
Motion for a resolution Recital A a (new) Aa. whereas the enforcement of the rule of law, notably through judicial reform, and the fight against corruption and organised crime in the countries of Western Balkans and Turkey are considered by the Commission as top priorities, and whereas starting from 2012 the "New Approach" has been applied under the enlargement policy tackling justice reforms and home affairs early in the accession process through the establishment of a new negotiation methodology for enlargement countries starting accession negotiations, including clear priorities and conditionalities, thus aiming at a better prioritisation of financial assistance under IPA II,
Amendment 30 #
Motion for a resolution Paragraph 9 9. Recall
Amendment 31 #
Motion for a resolution Paragraph 9 9. Re
Amendment 32 #
Motion for a resolution Paragraph 9 9. Recalling that the rule of law is the cornerstone of democratic governance, stresses that the justice system needs to be
Amendment 33 #
Motion for a resolution Paragraph 9 a (new) 9a. Deplores the fact that the impact and sustainability of the EU financial assistance is largely held back by a lack of predictable justice system and predictable and sufficient domestic funding;
Amendment 34 #
Motion for a resolution Paragraph 9 b (new) 9b. Notes that the "New Approach" intends to focus on these issues in the context of the accession negotiations;
Amendment 35 #
Motion for a resolution Paragraph 9 c (new) 9c. Notes that corruption is a major challenge for the majority of candidate and potential candidate countries; is concerned that in several countries of the Western Balkans, Progress Reports note the linkages which were established between criminals, organised crime networks and political elites during the conflicts in the region and which have been carried over into today's societies; is deeply worried by the phenomenon of "state capture" which is present in some of those countries; (To be placed after the sub- subheading "Fight against corruption")
Amendment 36 #
Motion for a resolution Paragraph 10 10. Notes that genuine implementation and concrete results
Amendment 37 #
Motion for a resolution Paragraph 10 10. Notes that genuine implementation and
Amendment 38 #
Motion for a resolution Paragraph 10 10. Notes that genuine implementation and concrete results, in particular in the cases of high
Amendment 39 #
Motion for a resolution Paragraph 10 10. Notes that genuine implementation and concrete results in fighting corruption, in particular in the cases of high-level political corruption and corruption in the judiciary, are still a big challenge and that a
Amendment 4 #
Motion for a resolution Recital A a (new) Aa. whereas the "New Approach" sets a new negotiation methodology for enlargement countries starting accession negotiations, including clear priorities and conditionalities in all areas of chapter 23 and 24 thus allowing a better prioritisation of financial assistance under IPA II.
Amendment 40 #
Motion for a resolution Paragraph 10 a (new) 10a. Is concerned that EU pre-accession assistance is not always used in a consistent manner due to the lack of a regional approach and strategy; underlines for instance that whereas in Croatia EU pre-accession assistance funded an anti-corruption Agency with investigative powers, it funded in Kosovo an anti-corruption Agency without such powers thus raising doubts on its efficiency; calls therefore on the Commission to establish a clear regional strategy in order to avoid funding contradictory models in candidate and potential candidate countries;
Amendment 41 #
Motion for a resolution Paragraph 11 11. Notes that pre-accession projects
Amendment 42 #
Motion for a resolution Paragraph 12 12. Is concerned about the chronic delays incurred in the implementation of projects and, ultimately, their efficiency; notes, for instance, that projects in Turkey incur on average a one-year delay before contracts are executed, because of bottlenecks in tendering and contracting, while in Croatia contracts for PHARE programmes were signed on average more than one year later than scheduled, just a couple of days prior to the contracting deadline established in the Financial Agreement; therefore urges that those contracts be reassessed forthwith, or even immediately terminated, so as to prevent needless squandering of public tax revenues;
Amendment 43 #
Motion for a resolution Paragraph 12 a (new) 12a. Is further concerned that the complexity of pre-accession assistance rules and their rigidity whenever new activities need to be included in a project eventually create the counterproductive incentive to repeat an activity or to accept an unsatisfactory project design; is nevertheless of the opinion that the right balance between flexibility serving projects efficiency and the need to avoid irregularities and ensure best-value-for- money is still to be found and calls on the Commission to act in this respect under IPA II;
Amendment 44 #
Motion for a resolution Paragraph 12 b (new) 12b. Is of the opinion that pilot activities should always be carried out in cases of broad projects prior to their full deployment in order to identify and mitigate potential shortcomings, limit avoidable delays and difficulties and measure the achievable results;
Amendment 45 #
Motion for a resolution Paragraph 13 13.
Amendment 46 #
Motion for a resolution Paragraph 13 13. Notes that a more comprehensive sectoral approach in the areas of judiciary reform and the fight against corruption would entail positive changes, such as better focus of the national reform efforts, enhanc
Amendment 47 #
Motion for a resolution Paragraph 13 13. Notes that a more comprehensive sectoral approach in the areas of judiciary reform and the fight against corruption would entail positive changes, such as a better focus of the national reform efforts, enhanc
Amendment 48 #
Motion for a resolution Paragraph 13 13. Notes that a sectoral approach in the areas of judiciary reform and the fight against corruption would entail positive changes, such as enhancing donor coordination and ensuring better
Amendment 49 #
Motion for a resolution Paragraph 13 a (new) Amendment 5 #
Motion for a resolution Recital A b (new) Ab. whereas the European Union delivers financial assistance to candidate and potential candidate countries through the Instrument for Pre-Accession Assistance (IPA) which replaced the programmes TPA, PHARE and CARDS as of 2007, and whereas, with exception of Iceland, all candidate and potential candidate countries benefit from EU pre-accession funds in the framework of the reform of their judicial system and the fight against corruption,
Amendment 50 #
Motion for a resolution Paragraph 14 14. Acknowledges that, following its audit of pre-accession projects for the period 2001-2005, the European Court of Auditors stated that project sustainability could be improved if: (i) beneficiary involvement was increased; (ii) no projects were launched without a maintenance plan; (iii) the Commission monitored distribution more closely and evaluated the use of EU-funded equipment and infrastructure; and (iv) the delivery of technical assistance was adequately complemented by active encouragement for institutional change; underlines the fact that despite improvements under the IPA programme some weaknesses still remain, notably in terms of stakeholder involvement and maintenance, and notes, for instance, that during the 2011 programming process in Turkey the beneficiaries were hardly involved in the last 12 months; therefore urges, inter alia because of this, that pre-accession assistance for Turkey in particular be discontinued;
Amendment 51 #
Motion for a resolution Paragraph 14 a (new) 14a. Takes note that pre-accession projects are based on project fiches which present their overall and specific objectives, the foreseen activities to be implemented, their timeframe, costs and means of implementation and the indicators against which to measure the success of the projects;
Amendment 52 #
Motion for a resolution Paragraph 14 b (new) 14b. Points out that Article 30 of the Financial rules applicable to the annual budget of the Union (Regulation No 966/2012 – Financial Regulation) requires SMART objectives to be established for all policy measures covered by the EU budget and be set out in the annual activity reports as part of the activity based budgeting and management processes;
Amendment 53 #
Motion for a resolution Paragraph 15 Amendment 54 #
Motion for a resolution Paragraph 15 15. Observes that project fiches have improved over time with the inclusion of more and better-designed SMART objectives
Amendment 55 #
Motion for a resolution Paragraph 15 15. Observes that project fiches have improved over time with the inclusion of more and better-designed SMART objectives, as well as specific indicators for the different components of a project; is, however, concerned that external evaluation has reported that some projects lacked focus because of inappropriate indicators, with SMART indicators not always suited to the justice sector; insists on the need for designing qualitative indicators capable of measuring the long- term impact of the projects; the European Commission should continue elaborating on guidance on the utilisation of performance indicators to be used for programming, monitoring and evaluation purposes for the 2014-20 financial framework in relation to IPA II. Specific indicators in the sector of Justice, Liberty and Security should be developed in this framework. They shall be used in line with the more strategic approach under IPA II.
Amendment 56 #
Motion for a resolution Paragraph 15 15. Observes that project fiches have improved over time with the inclusion of more and better-designed SMART objectives, as well as specific indicators for the different components of a project; is, however, concerned that external evaluation has reported that some projects lacked focus because of inappropriate indicators, with SMART indicators not always suited to the justice sector; insists on the need for designing qualitative indicators capable of measuring the long- term impact of the projects; Specific indicators in the sector of Justice, Liberty and Security should be developed in the framework of the IPA 2 program
Amendment 57 #
Motion for a resolution Paragraph 16 16. Notes that alongside support
Amendment 58 #
Motion for a resolution Paragraph 16 16.
Amendment 59 #
Motion for a resolution Paragraph 17 a (new) 17a. Observes that support to legislative reforms is among the most common pre- accession projects; notes that institutional frameworks are now in line with the European standards but is concerned that the sustainability of those changes in laws and frameworks in candidate and potential candidates countries is at risk due to the lack of an overall strategy as noted by external evaluators; notes in particular that bylaws and complementary regulations are often missing, changes in roles and responsibilities are not made clear, and staff are not properly trained and thus cannot apply the new laws as intended; insists that support to the judiciary reform and the fight against corruption must be long-term and comprehensive with evaluation criteria covering the whole process from the production of new frameworks, laws, bylaws and regulations to the actual prosecution in high-level cases;
Amendment 6 #
Motion for a resolution Recital A b (new) Ab. whereas the new pre-accession instrument IPA II is supposed to be more strategic, efficient and better targeted than its predecessors, aiming to achieve sustainable results in improving the readiness of these countries for membership, and where possible favouring the sector approach in order to support comprehensive reform strategies of the beneficiary countries.
Amendment 60 #
Motion for a resolution Paragraph 17 b (new) 17b. Notes that the performance and sustainability of multi-beneficiary programmes have not yet been evaluated; calls on the European Court of Auditors to include these projects in the scope of a future Special Report on the pre- accession assistance in candidate and potential candidate countries;
Amendment 61 #
Motion for a resolution Paragraph 17 c (new) 17c. Acknowledges that the Commission assesses the impact and sustainability of pre-accession programmes through Results Oriented Monitoring (ROM) reports but regrets that those reports are not made publicly available; is of the opinion that the Commission's Progress Reports (PR) should reflect on ROM reports' findings and provide an assessment of the programmes and their impact implemented; urges therefore the Commission to introduce a chapter on including ROM conclusions in each PR; (To be placed after the sub- subheading "Monitoring and evaluation")
Amendment 62 #
Motion for a resolution Paragraph 19 19. Is concerned that ROM reports are considered to be structurally biased in favour of positive ratings and that they are inappropriate for longer-term performance monitoring; stresses that monitoring should track sector performance and not just project results; urges the Commission to develop a comprehensive monitoring action plan including evaluation tools other than ROM reports, such as sector performance assessment frameworks with SMART indicators, in order to make comprehensive monitoring of project outcomes possible over time
Amendment 63 #
Motion for a resolution Paragraph 19 19. Is concerned that ROM reports are considered to be structurally biased in favour of positive ratings and that they are inappropriate for longer-term performance monitoring; stresses that monitoring should track sector performance and not just
Amendment 64 #
Motion for a resolution Paragraph 19 a (new) 19a. Reminds the Parliament's call on the Commission to assess the impact and results achieved through the allocation of EU funds in the reform of the judiciary and the fight against corruption in candidate and potential candidate countries1; welcomes the publication by the Commission in 2012/2013 of an evaluation on Judiciary and Fundamental Rights in Turkey and an evaluation of Rule of Law, Judiciary Reform and Fight against Corruption and Organised Crime in the Western Balkans; regrets nevertheless that the evaluation on Turkey did not include a review of the projects related to the fight against corruption; __________________ 1 P7_TA(2011)0059, P7_TA(2011)0151, P7_TA(2011)0091
Amendment 65 #
Motion for a resolution Paragraph 19 b (new) 19b. Is aware that the European Court of Auditors is currently preparing a Special Report on EU pre-accession assistance in Serbia; strongly recommends to include projects implemented in the areas of the judiciary reform and the fight against corruption under the scope of the performance audit;
Amendment 66 #
Motion for a resolution Paragraph 20 20. Is of the opinion that a database listing all of the projects funded under pre- accession assistance programmes should be established and made publicly available; calls on the Commission, therefore, to develop measures to increase the transparency of legal arrangements and to design a system whereby all beneficiaries of EU funding are published on the same website, independently of the administrator of the funds, and on the basis of standard categories of information to be provided by all Member States in at least one working language of the EU; welcomes the Commission's commitment to address these issues by implementing an internationally agreed common standard for electronic publication of timely, comprehensive and forward-looking information on resources provided through development co-operation by 2015.
Amendment 67 #
Motion for a resolution Paragraph 20 20. Is of the opinion that a database listing all of the projects within the sector funded under pre-
Amendment 68 #
Motion for a resolution Paragraph 20 a (new) 20a. Notes the Commission's commitment to address these issues by 2015 through the publication of information on IPA assistance in line with the International Aid Transparency Initiative which established common standard for electronic publication of timely, comprehensive and forward-looking information on resources provided through development cooperation; emphasises that such initiative will only prove fruitful if information is regularly updated; enjoins therefore the Commission to update the database monthly as planned;
Amendment 69 #
Motion for a resolution Subheading 9 a (new) Country-related remarks (To be placed right after paragraph 20a(new))
Amendment 7 #
Motion for a resolution Recital A c (new) Ac. whereas the new pre-accession instrument IPA II should be more strategic, efficient and better targeted than its predecessors in order to achieve more sustainable results in improving the readiness of these countries for membership, and where possible favouring the sector approach in order to support comprehensive reform strategies of the beneficiary countries,
Amendment 70 #
Motion for a resolution Subheading 9 b (new) Albania (Sub- subheading to be placed right after subheading "Country-related remarks")
Amendment 71 #
Motion for a resolution Paragraph 20 b (new) 20b. Welcomes the improvements that the EU support has brought both in the legal and institutional framework and the infrastructure of the judiciary in Albania; is concerned, however about the insufficient reporting of results on the actual use, implementation and concrete impact of all these transformations; (To be placed after the sub- subheading "Albania")
Amendment 72 #
Motion for a resolution Paragraph 20 c (new) 20c. Recognises the results in terms of adoption of strategic documents in the field of anti-corruption, is seriously concerned, however, about the low effectiveness of measures undertaken in the area; stresses that in 2012 Albania ranked as Europe's most corrupt country; calls on the Commission and the Albanian authorities to urgently reassess the implementation of anti-corruption strategy and action plans in this country;
Amendment 73 #
Motion for a resolution Subheading 9 c (new) Bosnia and Herzegovina (Sub- subheading to be placed after paragraph 20c(new))
Amendment 74 #
Motion for a resolution Paragraph 20 d (new) 20d. Deplores the lack of application of some of the enhanced capacities of the judiciary in Bosnia and Herzegovina; is concerned that, in its 2009 audit, the Court of Auditors noted the lack of funding for operations and maintenance of the acquired infrastructure entailing a risk that improvements will lack sustainability; (To be placed after the sub- subheading "Bosnia and Herzegovina")
Amendment 75 #
Motion for a resolution Paragraph 20 e (new) 20e. Is seriously concerned about the limited performance of the anti- corruption agency in Bosnia and Herzegovina and the lack of reporting on the specific results of the EU funding in the area of fight against corruption;
Amendment 76 #
Motion for a resolution Subheading 9 d (new) Croatia (Sub- subheading to be placed after paragraph 20e(new))
Amendment 77 #
Motion for a resolution Paragraph 20 f (new) 20f. Notes the progress achieved by Croatia in some areas of judicial reform and their implementation while their sustainability was ensured through follow-up projects; (To be placed after the sub- subheading "Croatia")
Amendment 78 #
Motion for a resolution Paragraph 20 g (new) 20g. Notes some positive developments in the field of fight against corruption presented in the annual Progress Reports for Croatia; is however concerned by risk that the measures adopted prior to the country's accession in the European Union are not irreversible and sustainable; underlines for instance that it is unclear which institution is in the leading position to oversee all the anti- corruption reforms, that the Commission on Conflict of Interest only saw its members appointed in early February 2013 casting doubts on its actual operability and results, and that politically-motivated nominations in ministries and supervisory board of companies are still ongoing and are in fact increasing;
Amendment 79 #
Motion for a resolution Subheading 9 e (new) Kosovo (Sub- subheading to be placed after paragraph 20g(new))
Amendment 8 #
Motion for a resolution Recital A c (new) Ac. whereas the EU support for rule of law related reforms in Bosnia and Herzegovina and Kosovo is not limited to IPA assistance. I.e. in Bosnia and Herzegovina, a Police Mission was conducted between 2003 and 2012. Support to Kosovo is also provided in the form of the EU Rule of Law Mission in Kosovo (EULEX), which was deployed in 2008. With a total of over 2000 staff on 1 July 2013 (of which more than 730 seconded by EU Member States), and with an annual budget of just over 100 million EUR (period June 2012-June 2013), EULEX has a substantial role in supporting Kosovo institutions in the field of rule of law, including on judicial reform and the fight against corruption.
Amendment 80 #
Motion for a resolution Paragraph 20 h (new) 20h. Notes that due to the lack of control by the Pristina-based Kosovo authorities over the northern part of the territory, IPA projects such as the 'Legal Education System Reform' project which intended to cover all of Kosovo have generally had a negligible impact in the north; (To be placed after the sub- subheading "Kosovo")
Amendment 81 #
Motion for a resolution Paragraph 20 i (new) 20i. Is seriously concerned that the EU assistance in Kosovo in the filed of rule of law has been found by the Court of Auditors as not sufficiently effective; recognises that specific circumstances in Kosovo: the low starting point for building up the rule of law and the insufficient priority accorded to this area by the Kosovo authorities, explain to a certain extent the limited effectiveness of the EU intervention; stresses, nevertheless, the existence of areas where improvement should be expected from the Commission and the EEAS: - Better definition of capacity building objectives and their link to concrete benchmarks against which progress could be assessed, - Better coordination of external and internal objectives, - Better coordination between EU institutions and their coordination with the Kosovo authorities and the international community, ensuring that EULEX operates with the full authorised number of staff and that they are deployed for the necessary time period and have the appropriate skills to be effective, and - Ensure that policy dialogues with Kosovo authorities focus particularly on strengthening the rule of law and are linked to incentives and priority conditions;
Amendment 82 #
Motion for a resolution Paragraph 20 j (new) 20j. Is particularly concerned by the lack of tangible progress in the field of fight against corruption in Kosovo; considers the corruption is a major challenge and a serious obstacle in the functioning of the public institutions;
Amendment 83 #
Motion for a resolution Subheading 9 f (new) Macedonia (Sub- subheading to be placed after paragraph 20j(new))
Amendment 84 #
Motion for a resolution Paragraph 20 k (new) 20k. Welcomes the progress achieved in the legislative framework in judiciary reform and the positive changes in terms of efficiency and impartiality brought by the installation of the Automated Court Case Management Information System; recognizes Macedonia's active approach in reforming its Judiciary and its front- runner position in the area; (To be placed after the sub- subheading "Macedonia")
Amendment 85 #
Motion for a resolution Paragraph 20 l (new) 20l. Is concerned that no reporting on the effectiveness of IPA projects on anti- corruption in Macedonia is available;
Amendment 86 #
Motion for a resolution Subheading 9 g (new) Montenegro (Sub- subheading to be placed after paragraph 20l(new))
Amendment 87 #
Motion for a resolution Paragraph 20 m (new) 20m. Welcomes the improvement of regional cooperation in the areas of the police and judicial cooperation, strengthening the legal framework required to ensure the independence of the judiciary and the enhancement of the efficiency of the judiciary in Montenegro; is concerned about weak donor coordination and low sustainability ratings of projects; (To be placed after the sub- subheading "Montenegro")
Amendment 88 #
Motion for a resolution Paragraph 20 n (new) 20n. Notes that corruption is a serious concern in Montenegro; recognises the efforts undertaken by this state in fight against corruption and welcomes, in particular, the strengthening of Directorate for Anti-Corruption Initiative brought about by the EU funding;
Amendment 89 #
Motion for a resolution Subheading 9 h (new) Serbia (Sub- subheading to be placed after paragraph 20n(new))
Amendment 9 #
Motion for a resolution Recital A d (new) Ad. whereas since 2007 regional projects supporting cooperation between beneficiaries in different countries and horizontal projects addressing the shared needs of several beneficiaries are eligible for funding under IPA Multi-beneficiary Programmes,
Amendment 90 #
Motion for a resolution Paragraph 20 o (new) 20o. Is worried that independence of the judiciary remains a serious concern in Serbia especially because of the undue political influence; regrets further that the new legislation is neither consistently nor properly enforced thus putting at risk its efficiency; (To be placed after the sub- subheading "Serbia")
Amendment 91 #
Motion for a resolution Paragraph 20 p (new) 20p. Welcomes the positive evaluation of the project "Support to the establishment of the Anti-Corruption Agency" and notably the fact that the project should have a significant impact on all the targets groups and the society in general; insists however on the need for a constant monitoring in order to ensure that political developments do not hinder the project;
Amendment 92 #
Motion for a resolution Subheading 9 i (new) Turkey (Sub- subheading to be placed after paragraph 20p(new))
Amendment 93 #
Motion for a resolution Paragraph 20 q (new) 20q. Acknowledges that projects implemented in the area of the judiciary give reasonable evidence of sustainability and welcomes the political willingness from Turkish authorities to continue the reform process initiated as demonstrated by the increased budgetary allocation for judicial training; notes nevertheless a number of weaknesses in the design of projects such as the absence of baseline data and the lack of SMART indicators that need to be addressed in order to allow a proper assessment of the impact of the pre-accession projects; (To be placed after the sub- subheading "Turkey")
Amendment 94 #
Motion for a resolution Paragraph 20 r (new) 20r. Notes that in the area of the fight against corruption the EU financial assistance started quite recently with the 2006 Ethics for the Prevention of Corruption in Turkey; acknowledges from the Commission that no EU funds could be programmed prior to the establishment of an independent single anti-corruption body and the adoption of a National Anti- Corruption Strategy; notes that the aforementioned project is considered as moderately satisfactory but that it lacked SMART indicators;
Amendment 95 #
Motion for a resolution Citation 1 – having regard to the European Commission's
Amendment 96 #
Motion for a resolution Citation 1 – having regard to the European Commission's communications on enlargement strategy and main challenges for the periods 2007-2008, 200
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