2015/2254(INL) | [ParlTrack]

Draft opinion
Indent 1 – paragraph - 1 (new)

- 1. Underlines the shared values as laid down in Article 2 TEU on which the European Union is founded;

Amendment 10 #

Draft opinion
Indent 1 – paragraph 1 a (new)

1a. Expresses the view that respecting the rule of law is a prerequisite for the protection of fundamental rights and is of particular importance within the EU since it is also a prerequisite for upholding all rights and obligations deriving from the Treaties and from international law;

Amendment 11 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Laura FERRARA, Isabella ADINOLFI, Laura AGEA

Draft opinion
Indent 1 – paragraph 1 a (new)

1a. Believes that the conclusions and opinions of the European Union Agency for Fundamental Rights as well as the case law of the Court of Justice of the European Union constitute a good basis for the interpretation of Article 2 TFEU and the scope of the rights enshrined in the Charter of Fundamental Rights;

Amendment 12 #

Draft opinion
Indent 1 – paragraph 1 a (new)

1a. Recalls that Article 6(2) TEU commits the European Union to acceding to the European Convention on Human Rights and Fundamental Freedoms, and therefore calls for this to happen;

Amendment 13 #

Draft opinion
Indent 1 – paragraph 1 a (new)

1a. Notes that recent events in some Member States have shown that the failure to observe the rule of law and fundamental values is not being properly prevented, given the resulting problems among Member States and the fact that there is no swift, effective response coming from the European institutions;

Amendment 14 #

Draft opinion
Indent 1 – paragraph 1 b (new)

1b. Points to the importance of continuing to promote and strengthen the protection and full development of core Union values and the requirements of democracy and compliance with the rule of law in accordance with the Treaties and the EU Charter of Fundamental Rights;

Amendment 15 #

Draft opinion
Indent 1 – paragraph 2

2. Considers that the procedure under Article 7 TEU is virtually unusable; notes that the Union has no legally binding mechanism in place to monitor regularly the compliance of the Member States and EU institutions with the EU's fundamental values;deleted

Amendment 16 #

Kostas CHRYSOGONOS, Helmut SCHOLZ, Barbara SPINELLI

Draft opinion
Indent 1 – paragraph 2

2. Considers that the ~~procedure under Article 7 TEU is virtually unusable; notes that the Union has no legally binding mechanism in place to monitor regularly the compliance of the Member States and EU institutions~~Commission, which is the Guardian of the Treaties, has failed on a number of occasions to denounce promptly, violations of the principles of democracy, the rule of law and fundamental rights within Member States despite the existing instruments and mechanisms being in existence and thus consolidating the current failings of the EU institutions as regards compliance with their binding obligations concerning democracy, the rule of law and human rights as laid down in Article 2 TEU; whereas, in addition, a graduated corrective mechanism needs to be introduced so as bridge the gap between political dialogue and the 'nuclear option' of Article 7 TEU and to address the 'Copenhagen dilemma' within the ~~EU's fundamental valu~~current Treaties;

Amendment 17 #

Draft opinion
Indent 1 – paragraph 2

2. Considers that the ~~procedure under~~mechanisms provided for in Article 7 TEU are de facto unusable being essentially based on difficult political agreements between Member States; emphasizes that the Article 7258 TFEU ~~is virtually unusable~~provides for the European Parliament no possibility of infringement proceedings before the ECJ; notes that the Union has no legally binding mechanism in place to monitor regularly the compliance of the Member States and EU institutions with the EU's values and fundamental ~~value~~rights;

Amendment 18 #

Pedro SILVA PEREIRA, Mercedes BRESSO, Jo LEINEN, Claudia ȚAPARDEL, Ramón JÁUREGUI ATONDO, Enrique GUERRERO SALOM

Draft opinion
Indent 1 – paragraph 2

2. Considers that the procedure under Article 7 TEU is virtually unusable because of the difficulty to reach a decision with such high thresholds for voting and in a body where political considerations play a prominent role; notes that the Union has no legally binding mechanism in place to monitor regularly the compliance of the Member States and EU institutions with the EU's fundamental values; expresses the difficulty to launch the infringement proceedings when there is no link with secondary EU law;

Amendment 19 #

Draft opinion
Indent 1 – paragraph 2

2. Considers that the procedure under Article 7 TEU ~~is virtually unusable~~will hardly be used to its full potential, due to the unanimity requirement in the European Council; notes that the Union has no legally binding mechanism in place to monitor regularly the compliance of the Member States and EU institutions with the EU's fundamental values;

Amendment 2 #

Draft opinion
Indent 1 – paragraph 1

1. ~~Exp~~Stresses th~~e view that the Member States of the European Union should move towards a shared culture of the meaning of the rule of law in the 28 Member States to be applied by all concerned even-handedly~~at the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; points out that, since the adoption of the Treaty of Lisbon, the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the EU; notes the obligation laid down in the Treaties to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR); underlines the fact that the Treaties recognise that fundamental rights, as guaranteed by the ECHR and as they result from the constitutional traditions common to the Member States, constitute general principles of the Union's law;

Amendment 20 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Isabella ADINOLFI, Laura FERRARA, Laura AGEA

Draft opinion
Indent 1 – paragraph 2

2. Considers that the procedure under Article 7 TEU ~~is virtually unusable; not~~remains a last resort instrument; deplores that the Union has no legally binding mechanism in place to monitor regularly the compliance of the Member States and EU institutions with the EU's fundamental values;

Amendment 21 #

Draft opinion
Indent 1 – paragraph 2

Amendment 22 #

Kostas CHRYSOGONOS, Helmut SCHOLZ, Barbara SPINELLI

Draft opinion
Indent 1 – paragraph 3

3. Takes note of the rule of law Framework established by the Commission in 20141 and of the creation of an annual dialogue on the rule of law in the General Affairs Council as established in December 2014; ~~and looks to the formulation of common ground as between these different rule of law mechanisms;~~ __________________ 1 Communication of the Commission of 11 March 2014 on "A new EU Framework to strengthen the Rule of Law" (COM(2014)0158).

Amendment 23 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Isabella ADINOLFI, Laura FERRARA, Laura AGEA

Draft opinion
Indent 1 – paragraph 3

3. ~~Takes note of~~Welcomes the rule of law Framework established by the Commission in 20141 and of the creation of an annual dialogue on the rule of law in the General Affairs Council as established in December 2014; a~~nd looks to the formulation of common ground as between these different rule of law mechanisms~~s a first contribution to overcoming the lack of effective mechanisms to prevent and resolve breaches of the principles of the rule of law, democracy and human rights; wishes furthermore to see coordination between the two dialogues, but recalls that they cannot absolutely be regarded as an adequate instrument to fill the gaps in the existing system, inter alia because of the lack of any binding effect of the Communication, with reference either to its issuing or to its actual implementation; __________________ 1 Communication of the Commission of 11 March 2014 on "A new EU Framework to strengthen the Rule of Law" (COM(2014)0158).

Amendment 24 #

Pedro SILVA PEREIRA, Mercedes BRESSO, Jo LEINEN, Claudia ȚAPARDEL, Ramón JÁUREGUI ATONDO, Enrique GUERRERO SALOM

Draft opinion
Indent 1 – paragraph 3

3. ~~Takes note of~~Welcomes the rule of law Framework established by the Commission in 20141 and of the creation of an annual dialogue on the rule of law in the General Affairs Council as established in December 2014; ~~and looks to the formulation of common ground as between these different rule of law mechanisms~~urges however all EU institutions to work towards the establishment of a broader, integrated Democracy, Rule of Law and Fundamental Rights mechanism that applies to all Member States and the EU Institutions; therefore recommends the adoption of a Democracy, Rule of Law and Fundamental Rights Pact between citizens, governments, and EU institutions, giving ownership to all and thus making everyone responsible for a robust democracy, the rule of law and fundamental rights throughout the Union, rather than just a legal tool for top down enforcement; __________________ 1 Communication of the Commission of 11 March 2014 on "A new EU Framework to strengthen the Rule of Law" (COM(2014)0158).

Amendment 25 #

Draft opinion
Indent 1 – paragraph 3

3. ~~Takes not~~Stresses the importance of the rule of law Framework established by the Commission in 20141 and of the creation of an annual dialogue on the rule of law in the General Affairs Council as established in December 2014; and looks to the formulation of common ground as between these different rule of law mechanisms; , in order to make sure they are effective in ensuring compliance with fundamental rights and democratic values in the entire Union; __________________ 1 Communication of the Commission of 11 March 2014 on "A new EU Framework to strengthen the Rule of Law" (COM(2014)0158).

Amendment 26 #

Draft opinion
Indent 1 – paragraph 3

3. Takes note of the rule of law Framework established by the Commission in 20141 and of the creation of an annual dialogue on the rule of law in the General Affairs Council as established in December 2014; and looks to the formulation of a common ~~ground as between these different rule of law mechanisms~~EU binding mechanism based on proper expertise and independence to respond to breaches of the rule of law and fundamental rights at Member State level; __________________ 1 Communication of the Commission of 11 March 2014 on "A new EU Framework to strengthen the Rule of Law" (COM(2014)0158).

Amendment 27 #

Draft opinion
Indent 1 – paragraph 3

3. Takes note of the rule of law Framework established by the Commission in 20141 and of the creation of an annual dialogue on the rule of law in the General Affairs Council as established in December 2014; ~~and~~ looks to the formulation of common ground as between these different rule of law mechanisms and calls on the Commission and Council to make full and regular progress reports to Parliament; __________________ 1 Communication of the Commission of 11 March 2014 on “A new EU Framework to strengthen the Rule of Law” (COM(2014)0158).

Amendment 28 #

Draft opinion
Indent 1 – paragraph 3

Amendment 29 #

Kostas CHRYSOGONOS, Helmut SCHOLZ, Barbara SPINELLI

Draft opinion
Indent 1 – paragraph 3 a (new)

3a. Calls, therefore, for the adoption of an objective and evidence based mechanism that enables not only infringements to specific EU laws to be addressed, but also threats to democracy, the rule of law and fundamental rights; ensuring that all Member States are treated equally and no decision will be taken (or perceived to be taken) on political grounds;

Amendment 3 #

Draft opinion
Indent 1 – paragraph 1

1. Expresses the view that the Member States of the European Union should move towards a shared culture of the meaning of the rule of law in the 28 Member States to be applied by all concerned even-handedlyRecalls that the Union is founded on common principles such as respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, and that both all the EU institutions and bodies and the 28 Member States are legally obliged to protect and promote these principles;

Amendment 30 #

Pedro SILVA PEREIRA, Mercedes BRESSO, Jo LEINEN, Claudia ȚAPARDEL, Ramón JÁUREGUI ATONDO, Enrique GUERRERO SALOM

Draft opinion
Indent 1 – paragraph 4

Amendment 31 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Isabella ADINOLFI, Laura FERRARA, Laura AGEA

Draft opinion
Indent 1 – paragraph 4

Amendment 32 #

Draft opinion
Indent 1 – paragraph 4

4. Considers it important to work towards a new ~~consensus between the EU and its Member States~~binding mechanism with the aim of promoting and protecting democracy, the rule of law and fundamental rights, ~~proceeding from the basis that unless extreme care is taken, there will always be a danger of politicising legality~~to safeguard the shared values as enshrined in the Treaties and the Charter in a fully transparent and objective manner; proceeding from the basis that the EU loses credibility if enforcement of the founding principles is perceived to be uneven and unfair; Calls, therefore, for the adoption of an objective and evidence based mechanism that enables not only infringements to specific EU laws to be addressed, but also risks of systemic threats to democracy, the rule of law and fundamental rights; ensuring that all Member States are treated equally and no decision will be taken (or perceived to be taken) on political grounds;

Amendment 33 #

Draft opinion
Indent 1 – paragraph 4

4. Considers it important to work towards a ~~new consensus between the EU and its Member States with the aim of promoting democracy, the rule of law and fundamental rights, proceeding from the basis that un~~mutual respect for and promotion of human rights, fundamental freedoms, democracy and the values and principless e~~xtreme care is taken, there will always be a danger of politicising legality~~nshrined in EU treaties and international human rights instruments (UDHR, ECHR, ICCPR, ICESCR, etc.);

Amendment 34 #

Draft opinion
Indent 1 – paragraph 4

4. Considers it important to ~~work towards a new consensus~~promote a continuous dialogue between the EU and its Member States with the aim of ~~promoting democracy, the rule of law and fundamental rights, proceeding from the basis that unless extreme care is taken, there will always be a danger of politicising legality~~bringing positions closer in areas linked to fundamental rights that go beyond the scope of the Copenhagen criteria and the Charter of Fundamental Rights and where a consensus has not yet been reached by the Member States;

Amendment 35 #

Kostas CHRYSOGONOS, Helmut SCHOLZ, Barbara SPINELLI

Draft opinion
Indent 1 – paragraph 4

4. Considers it important to work towards a new consensus between the EU and its Member States with the aim of promoting democracy, the rule of law and fundamental rights~~, proceeding from the basis that unless extreme care is taken, there will always be a danger of politicising legality~~; is convinced that there cannot be any compromise regarding the fundamental rights and values enshrined in the EU Treaties and the Charter;

Amendment 36 #

Draft opinion
Indent 1 – paragraph 4

4. Considers it important to work towards a new consensus between the EU and its Member States with the aim of promoting democracy, the rule of law and fundamental rights, proceeding from the basis that unless extreme care is taken, there will always be a danger ofhat the EU and its Member States fully adhere to the wording of the Treaties, namely for instance articles 2, 3, 6, 7 and 13 TEU, with the aim of promoting democracy, the rule of law and fundamental rights, in all their politici~~sing legality~~es and actions;

Amendment 37 #

Draft opinion
Indent 1 – paragraph 4

4. Considers it important to work towards a ~~new~~ consensus between the EU and its Member States with the aim of promoting democracy, the rule of law and fundamental rights, proceeding from the basis that unless extreme care is taken, there will always be a danger of politicising legality;

Amendment 38 #

Kostas CHRYSOGONOS, Helmut SCHOLZ, Barbara SPINELLI

Draft opinion
Indent 1 – paragraph 4 a (new)

4a. Considers that the Separation of Powers Doctrine is the most important component of any modern democratic politic systems, since such an adherence to this crucial doctrine prevents abuses of power and furthermore it safeguards fundamental freedom for all;

Amendment 39 #

Draft opinion
Indent 1 – paragraph 4 a (new)

4a. Following the view already expressed by the European Parliament in its Resolution of 27 February 2014 on the situation of fundamental rights in the European Union (2012), considers it necessary to abolish article 51 of the Charter of fundamental rights of the European Union in order to enhance its field of application and make all the dispositions of the Charter directly applicable in the Member States;

Amendment 4 #

Draft opinion
Indent 1 – paragraph 1

1. Expresses the view that the ~~Member States of the European Union should move towards a shared culture of the meaning~~principles of Human Dignity, Equality before the Law and the prohibition of Discrimination on any grounds are Foundations of the rRule of lLaw ~~in the 28 Member States to be applied by all concerned even-handedly~~and thus are universal values; calls on Member States to adopt a national legislative framework to address all forms of discrimination and guarantee the effective implementation of the existing EU legal framework;

Amendment 40 #

Draft opinion
Indent 1 – paragraph 4 a (new)

4a. Believes that creating a new EU mechanism on democracy, the rule of law and fundamental rights in an inappropriate form may lead to a situation in which small and medium-sized countries will feel dominated by larger, more powerful countries;

Amendment 41 #

Claudia ȚAPARDEL

Draft opinion
Indent 1 – paragraph 4 a (new)

4a. Highlights the importance of protecting the fundamental right to private life for European citizens from all Member States;

Amendment 42 #

Claudia ȚAPARDEL

Draft opinion
Indent 1 – paragraph 4 b (new)

4b. Outlines the relevance of preventing discrimination concerning vulnerable minority groups in the Member States;

Amendment 43 #

Draft opinion
Indent 1 – paragraph 5

5. Emphasises the key role that ~~the European Parliament and the national parliaments~~an independent and expert body should play in measuring the progress of, and monitoring the compliance with, the shared values of the Union, as enshrined in Article 2 TEU; notes the key role of the European Parliament and the national parliaments in maintaining the necessary continuous debate to adapt the common EU consensus on democracy, rule of law and fundamental rights to the changes of our society;

Amendment 44 #

Pedro SILVA PEREIRA, Mercedes BRESSO, Jo LEINEN, Claudia ȚAPARDEL

Draft opinion
Indent 1 – paragraph 5

5. Emphasises the key role that the European Parliament and the national parliaments should play in measuring the progress of, and monitoring the compliance with, the shared values of the European Union, as enshrined in Article 2 TEU; considers that the implementation of these values and principles must also be based on effective monitoring of respect for the fundamental rights guaranteed in the Charter, for example when legislative proposals are being drafted;

Amendment 45 #

Draft opinion
Indent 1 – paragraph 5

5. Emphasises the key role that the European Parliament ~~and the national parliaments~~ should play in measuring the progress of, and monitoring the compliance with, the shared values of the Union, as enshrined in Article 2 TEU;

Amendment 46 #

Claudia ȚAPARDEL

Draft opinion
Indent 1 – paragraph 5 a (new)

5a. Recognizes the essential role civil society organisations play in promoting democratic values, the rule of law and fundamental rights;

Amendment 47 #

Pedro SILVA PEREIRA, Mercedes BRESSO, Jo LEINEN, Claudia ȚAPARDEL, Ramón JÁUREGUI ATONDO, Enrique GUERRERO SALOM

Draft opinion
Indent 2 – paragraph 5 a (new)

5a. Recalls that the European Parliament under Rule 135 of its Rules of Procedure has developed a scrutiny over third States in the case of breach of human rights, democracy and the rule of law; considers that on the basis of Articles 2, 6 and 7 TEU and Rule 135 of the Rules of Procedure, the European Parliament should take motions for resolutions on the respect for the rule of law, democratic values and the state of fundamental rights within the European Union and its Member States;

Amendment 48 #

Pedro SILVA PEREIRA, Mercedes BRESSO, Jo LEINEN, Claudia ȚAPARDEL, Ramón JÁUREGUI ATONDO, Enrique GUERRERO SALOM

Draft opinion
Indent 2 – paragraph 6

6. Recommends the establishment on an EU mechanism for Democracy, the Rule of Law and Fundamental Rights which would include all relevant stakeholders; considers that this would, however, require a Treaty changeUrges the Commission, without prejudice to existing mechanisms already applicable in the event of serious and persistent infringements, to propose a Regulation for the establishment on an EU mechanism for Democracy, the Rule of Law and Fundamental Rights which establishes appropriate binding and corrective mechanisms in order to fill existing gaps and to allow for an automatic and gradual response to breaches of the rule of law and fundamental rights at Member State level;

Amendment 49 #

Draft opinion
Indent 2 – paragraph 6

6. Recommends the establishment on an EU mechanism for Democracy, the Rule of Law and Fundamental Rights which would include all relevant stakeholders; considers that ~~this would, however,~~, provided such mechanism does not jeopardize or rival with but rather complements and paves the way for the procedure under Article 7 TEU, it may not require a Treaty change;

Amendment 5 #

Draft opinion
Indent 1 – paragraph 1

1. Expresses the view that the Member States of the European Union should move, by consensus, towards a shared culture ~~of the meaning of~~in which the rule of law i~~n the 28 Member States to be applied by all concerned even- handedly~~s promoted and implemented;

Amendment 50 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Isabella ADINOLFI, Laura FERRARA, Laura AGEA

Draft opinion
Indent 2 – paragraph 6

6. Recommends the establishment on an EU mechanism for Democracy, the Rule of Law and Fundamental Rights which would include all relevant stakeholders~~; considers that this would, however, require a Treaty change~~, within the limits of the current Treaties;

Amendment 51 #

Draft opinion
Indent 2 – paragraph 6

6. Recommends, pending a possible amendment of the Treaties, the establishment onf an EU mechanism for Democracy, the Rule of Law and Fundamental Rights which would include all relevant stakeholders~~; considers that this would, however, requi~~, based on the introduction of infringement procedures as referred to in Articles 258 and 260 TFEU against Member States in the event of multiple individual infringements which, taken together, could prefigure a Tbrea~~ty change~~ch of Article 2 TEU;

Amendment 52 #

Kostas CHRYSOGONOS, Helmut SCHOLZ, Barbara SPINELLI

Draft opinion
Indent 2 – paragraph 6

6. Recommends the establishment on an specialized EU mechanism for Democracy, the Rule of Law and Fundamental Rights which would include all relevant stakeholders; considers th~~at this would, however, require a Treaty change~~e required Treaty change to be a lengthy but necessary procedure under the light of the common efforts to defend EU's democratic principles;

Amendment 53 #

Draft opinion
Indent 2 – paragraph 6

6. Recommends the establishment onf an comprehensive EU mechanism for Democracy, the Rule of Law and Fundamental Rights which would assess the situation in Member States with regard to the rule of law and fundamental rights in the light of objective criteria and which would include all relevant stakeholders; considers that this would, however, require a Treaty change;

Amendment 54 #

Draft opinion
Indent 2 – paragraph 6

6. ~~Recommends~~Notes that the establishment onf an EU mechanism ~~for D~~on democracy, the Rrule of Llaw and Ffundamental Rrights which would include all relevant stakeholders~~; considers that this would, however,~~ requires a Treaty change;

Amendment 55 #

Draft opinion
Indent 2 – paragraph 6 a (new)

6a. Points out that if the EU lays down requirements in its international agreements to protect and promote human rights, then it must likewise ensure that the institutions and all Member States comply with the rule of law and respect fundamental rights;

Amendment 56 #

Draft opinion
Indent 2 – paragraph 6 a (new)

6a. Believes that one of the fundamental values of the European Union is a culture of compromise and consensus, with the result that the existing integration process continues to develop; believes that introducing a new EU mechanism on democracy, the rule of law and fundamental rights may lead to a situation in which that culture of compromise and consensus is replaced by unbalanced and inadequate resources, exposing the EU institutions to accusations of bias;

Amendment 57 #

Kostas CHRYSOGONOS, Helmut SCHOLZ, Barbara SPINELLI

Draft opinion
Indent 2 – paragraph 6 a (new)

6a. Proposes to widen the mandate of the Fundamental Rights Agency to include the monitoring of fundamental rights and the rule of law in all Member States, both within and beyond the application of EU law;

Amendment 58 #

Draft opinion
Indent 2 – paragraph 6 a (new)

6a. Considers it necessary to go beyond these mechanisms as enshrined in Article 7 TEU and Article 258 TFEU in order to set-up a single, comprehensive and legally binding instrument addressing all the possible infringements of the rule of law and fundamental rights committed both by Institutions, formal and informal bodies, offices and agencies of the European Union, and the Member States and giving to the European Parliament, the European Commission and the Council the same right to appeal in the European Court of Justice;

Amendment 59 #

Draft opinion
Indent 2 – paragraph 6 b (new)

6b. Calls on the establishment of an independent Copenhagen Commission that, in light of the assessment of the Fundamental Rights Agency, puts forward recommendations to enforce fundamental rights and the rule of law;

Amendment 6 #

Draft opinion
Indent 1 – paragraph 1

1. Expresses the view that the Member States of the European Union should set an example by genuinely fulfilling their obligations and move towards a shared culture of the meaning of the rule of law in the 28 Member States to be applied by all concerned even-handedly;

Amendment 60 #

Draft opinion
Indent 2 – paragraph 6 b (new)

6b. Warns that introducing a new EU mechanism on democracy, the rule of law and fundamental rights may generate rhetoric which is unhelpful to EU integration and leads to bigger, more powerful countries imposing themselves on small and medium-sized countries at the cost of their identity in terms of constitutional and political structures;

Amendment 61 #

Draft opinion
Indent 2 – paragraph 6 c (new)

6c. Warns that introducing a new EU mechanism on democracy, the rule of law and fundamental rights could disturb the fine line separating matters which remain the responsibility of the individual Member States;

Amendment 62 #

Kostas CHRYSOGONOS, Helmut SCHOLZ, Barbara SPINELLI

Draft opinion
Indent 2 – paragraph 6 c (new)

6c. Proposes to enable the Commission, on the basis of the findings of the reports drafted by the Fundamental Rights Agency and the recommendations of the Copenhagen Commission, to initiate infringement procedures under Article 2 TEU, and, if necessary, the procedure under Article 7 TEU;

Amendment 63 #

Draft opinion
Indent 2 – paragraph 7

7. Calls for a coordination of the initiatives from the different EU institutions and is of the opinion that informal trilogues should be regularly organised in order to ensure a coherent EU approach and to establish a fully consensual working definition of human rights, the rule of law and democracy;deleted

Amendment 64 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Isabella ADINOLFI, Laura FERRARA, Laura AGEA

Draft opinion
Indent 2 – paragraph 7

7. Calls for a ~~coordination of the~~broader, integrated mechanism on democracy, rule of law and fundamental rights incorporating the existing initiatives from the different EU institutions and is of the opinion that ~~inform~~an annual democracy, rule of law and fundamental tri~~logues should be regularly~~ghts policy cycle should be organiszed in order to ensure a coherent EU approach ~~and to establish a fully consensual working definition of human rights, the rule of law and democracy~~;

Amendment 65 #

Draft opinion
Indent 2 – paragraph 7

7. Calls ~~for a coordination of~~, in order to ensure a coherent approach by the iUnitiatives from the different EU institutions and is of the opinion that informal trilogues should be regularly organised in order to ensure a coherent EU approach and to establish a fully consensual working definition of hon and to avoid any form of arbitrariness, for the formulation of a fully consensual working definition of human rights, the rule of law and democracy, taking as a point of reference, in the first place, the Charter of Fundamental Rights of the European Union, and, where the Charter does not contain clauses which can directly yield the above definitions, in the second place the European Convention on Human Rights and Fundamental Freedoms and the recommendations of the United Nations Human rRights~~, the rule of law and democracy~~ Council, as well as other international conventions agreed by all the Member States;

Amendment 66 #

Kostas CHRYSOGONOS, Helmut SCHOLZ, Barbara SPINELLI

Draft opinion
Indent 2 – paragraph 7

7. Calls ~~for a coordination of the initiatives from the different EU institutions and is of the opinion that~~ on the Commission, the Council and Parliament to ensure the greater transparency of informal trilogues, by should ~~be regularly organised in order to ensure a coherent EU approach and to establish a fully consensual working definition of human rights, the rule of law and democracy~~ing the meetings in public, publishing documentation including calendars, agendas, minutes, documents examined, amendments, decisions taken, information on Member State delegations and their positions and minutes, in a standardised and easy accessible online environment, by default and without prejudice to the exemptions listed in Article 4(1) of Regulation (EC) No 1049/2001;

Amendment 67 #

Draft opinion
Indent 2 – paragraph 7 a (new)

7a. Recommends to set-up, under article 352 of the TFEU, a politically independent body of experts in the field of fundamental rights acting, within the revised mechanism on democracy, the rule of law and fundamental rights, as the monitoring body of the situation of human rights and the rule of law both in the Union as a whole and in its individual Member States;

Amendment 68 #

Pedro SILVA PEREIRA, Mercedes BRESSO, Jo LEINEN, Claudia ȚAPARDEL, Ramón JÁUREGUI ATONDO, Enrique GUERRERO SALOM

Draft opinion
Indent 2 – paragraph 8

8. Recommends the conclusion of a pact between all EU institutions ~~and national parliaments~~ in order to establish an annual 'fundamental rights policy cycle' as part of a multi-annual structured dialogue among all stakeholders; in this context, suggests that the European Parliament holds a yearly debate on the respect for democracy, the rule of law and the state of fundamental rights within the European Union; believes that this debate should be organized in such a way that it can involve setting benchmarks and goals to achieve and providing the means to evaluate changes from one year to another;

Amendment 69 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Isabella ADINOLFI, Laura FERRARA, Laura AGEA

Draft opinion
Indent 2 – paragraph 8

8. Recommends the conclusion of a pact between all EU institutions and national parliaments in order to establish an annual 'fundamental rights policy cycle' as part of a multi-annual structured dialogue among all stakeholders with the aim of adapting the existing EU consensus on democracy, rule of law and fundamental rights to the changes of our society;

Amendment 7 #

Draft opinion
Indent 1 – paragraph 1

1. Expresses the view that the Member States of the European Union should without delay move towards a shared culture of the meaning of the rule of law in the 28 Member States to be applied by all concerned even-handedly;

Amendment 70 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Isabella ADINOLFI, Laura FERRARA, Laura AGEA

Draft opinion
Indent 2 – paragraph 8 a (new)

8a. Encourages Member States, bearing in mind also Resolution No 48/134 of the United Nations General Assembly of 20 December 1993, which also endorses the conclusions of the United Nations World Conference on human rights in Vienna of 1993, to set up, in accordance with domestic law, national bodies for the practical promotion, protection and monitoring of human rights, ensuring that their members are diverse and independent;

Amendment 71 #

Fabio Massimo CASTALDO, Ignazio CORRAO, Isabella ADINOLFI, Laura FERRARA, Laura AGEA

Draft opinion
Indent 2 – paragraph 9

9. Recommends ~~the organisation of an annual pan-EU parliamentary debate on democracy, the rule of law and f~~constant monitoring of the situation with regard to fundamental rights and the principles of the rule of law in Member States by creating an annual assessment system per Member State, devised by the Commission and the Council, on the basis of information gathered by the European Union Fundamental rRights ~~as part of a multi- annual structured dialogue between the European Parliament and the national parliaments, on the one hand, and the Commission and the Council, on the other;~~ Agency (FRA), the Council of Europe and its Venice Commission, as well as NGOs, also taking into account the case-law of the European Court of Human Rights and the Court of Justice of the European Union; considers that the findings from these assessments should be published, inter alia by compiling a ranking, so as to encourage naming and shaming and peer review; recommends furthermore that, after the assessment, the Commission should issue a formal warning when the indicators show that certain Member States are violating the rule of law or fundamental rights; considers that this formal warning should systematically be accompanied by the launching of an institutionalised dialogue involving - in addition to the Commission and the Member State concerned - the Council, the European Parliament and the parliament of the Member State concerned;

Amendment 72 #

Kostas CHRYSOGONOS, Helmut SCHOLZ, Barbara SPINELLI

Draft opinion
Indent 2 – paragraph 9

9. Recommends the organisation of an annual pan-EU parliamentary debate on democracy, the rule of law and fundamental rights as part of a multi- annual structured dialogue between the European Parliament ~~and the~~, national parliaments, ~~on the one hand, and~~ the Commission and the Council~~, on the other~~;

Amendment 73 #

Enrique GUERRERO SALOM, Ramón JÁUREGUI ATONDO

Draft opinion
Indent 2 – paragraph 9

9. Recommends the organisation of an annual pan-EU parliamentary debate on democracy, the rule of law and fundamental rights as part of a multi- annual structured dialogue between the European Parliament and the national parliaments, on the one hand, and the Commission and the Council, on the other, and also involving civil society, the EU Agency for Fundamental Rights (FRA), and the Council of Europe;

Amendment 74 #

Pedro SILVA PEREIRA, Mercedes BRESSO, Jo LEINEN, Claudia ȚAPARDEL, Ramón JÁUREGUI ATONDO, Enrique GUERRERO SALOM

Draft opinion
Indent 2 – paragraph 10

~~10. Recommends that the pan-EU parliamentary debate is organised in such a way that it can involve setting goals to achieve and provide the means to measure changes from one year to another.~~deleted

Amendment 75 #

Draft opinion
Indent 2 – paragraph 10

Amendment 76 #

Kostas CHRYSOGONOS, Helmut SCHOLZ, Barbara SPINELLI

Draft opinion
Indent 2 – paragraph 10

10. Recommends that the pan-EU parliamentary debate is organised in such a way that it can involve setting goals to achieve and provide the means to measure changes from one year to another.; also recommends the acceleration of relevant procedures in order to create such means, which will not only allow the immediate and effective monitoring of annual changes, but will also ensure the compliance with commitments by all relevant parts;

Amendment 77 #

Draft opinion
Indent 2 – paragraph 10

Amendment 78 #

Kostas CHRYSOGONOS, Helmut SCHOLZ, Barbara SPINELLI

Draft opinion
Indent 2 – paragraph 10 a (new)

10a. Recommends that there needs to be a concerted focus on moving towards new sustainable development objectives under which human rights are universal, indivisible and inalienable;

Amendment 79 #

Draft opinion
Indent 2 – paragraph 10 a (new)

10a. Recommends the organisation of an annual "European Justice Summit" focused on democracy, the rule of law and fundamental rights, bringing together representatives of the European Parliament, the Commission, the Council, the Court of Justice, the European Court of human rights, the Council of Europe, the EU Agency for fundamental rights and of the national supreme courts, in order to promote a structured and permanent pan-European dialogue in this field;

Amendment 8 #

Enrique GUERRERO SALOM, Ramón JÁUREGUI ATONDO

Draft opinion
Indent 1 – paragraph 1

1. Expresses the view that the Member States of the European Union should ~~move towards a shared culture of the meaning of~~uphold the rule of law in the 28 Member States to be applied by all concerned even- handedly;

Amendment 80 #

Draft opinion
Indent 2 – paragraph 10 a (new)

10a. Considers it essential, for the purpose of following up the above parliamentary debate, to provide for the option of tabling an annual resolution in plenary;

Amendment 81 #

Draft opinion
Indent 2 – paragraph 10 a (new)

10a. Calls on the Commission and the Council to address the concerns raised by the Court of Justice in its Opinion 2/13 as quickly as possible in order to comply with the obligation enshrined in Article 6 TEU to accede to the ECHR;

Amendment 9 #

Draft opinion
Indent 1 – paragraph 1

1. Expresses the view that the Member States of the European Union should move towards a shared culture of the meaning of the rule of law in the 28 Member States to be applied by all concerned even-handedly; stresses that the European Union's values, such as respect for fundamental rights and the rule of law, are the key to the EU's credibility;

source: 580.532

2016/06/21 LIBE 403 amendments...

Amendment 1 #

Motion for a resolution
Heading 1

~~with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights~~deleted

Amendment 10 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Citation 4

— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality;

Amendment 100 #

Péter NIEDERMÜLLER, Sylvia-Yvonne KAUFMANN, Birgit SIPPEL

Motion for a resolution
Recital D

D. whereas respect for the rule of law within the Union is a precondition for mutual recognition and trust~~, key factors for policy areas such as the internal market, police and justice cooperation, the Schengen area, and asylum and migration policies,~~ and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights are a serious threat to the stability, security and prosperity of the Union;·

Amendment 101 #

Enrico GASBARRA

Motion for a resolution
Recital D

D. whereas respect for the rule of law within the Union is a precondition for mutual recognition and trust, key factors for policy areas such as the internal market, policies on growth, employment and training, combating discrimination, social inclusion strategies, police and justice cooperation, the Schengen area, and asylum and migration policies, and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights are a serious threat to the stability, security and prosperity of the Union;

Amendment 102 #

Motion for a resolution
Recital D

D. whereas respect for the rule of law within the Union is a precondition for mutual recognition and trust, key factors for policy areas such as the internal market, police and justice cooperation, the Schengen area, and asylum and migration policies, and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights are a serrequisite for the protection of fundamental rights and is of particular importance within the EU since it is also a prerequisite for upholding all rights and obligatiouns ~~threat to the stability, security~~deriving from the Treaties and pfro~~sperity of the Union;~~m international law.

Amendment 103 #

Costas MAVRIDES, Andrejs MAMIKINS

Motion for a resolution
Recital D

D. whereas respect for the rule of law within the Union is a precondition for mutual ~~recognition and trust, key factors for policy areas such as the internal market, police and justice cooperation, the Schengen area, and asylum and migration polici~~trust between the Member States, and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights are a serious threat to the stability, security and prosperity of the Union;

Amendment 104 #

Péter NIEDERMÜLLER, Sylvia-Yvonne KAUFMANN, Birgit SIPPEL

Motion for a resolution
Recital D

D. whereas respect for the rule of law within the Union is a ~~precondition for~~n important part of mutual recognition and trust, ~~key factors for~~which are relevant to policy areas such as the internal market, police and justice cooperation, the Schengen area, and asylum and migration policies, and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights ~~are a serious threat to the stability, security and prosperity of the Union~~is a threat to which the response should be to initiate the procedure provided for in Article 7 TEU;

Amendment 105 #

Motion for a resolution
Recital D a (new)

Da. whereas the way the rule of law is implemented at national level plays a key role in ensuring mutual trust among Member States and in their legal systems, hence it is of vital importance to establish an area of freedom, security and justice without internal borders

Amendment 106 #

Péter NIEDERMÜLLER, Sylvia-Yvonne KAUFMANN, Birgit SIPPEL

Motion for a resolution
Recital D b (new)

Db. whereas such confidence has been seriously damaged in recent years and current challenges, the Union faces, require even closer cooperation in the field of police and justice cooperation, the Schengen area, and asylum and migration policies in order to ensure the welfare and security of citizens and those in need of international protection alike, this confidence has to be rebuilt

Amendment 107 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital E

E. whereas the EU shall respect the equality of Member States before the Treaties as well as their national identities; Whereas the EU is based on a common set of core values and principles; Whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, they ~~must be protected against short termism and ad hoc changes as a resul~~should be the basis for political decisions, independent of different political majorities; and resist temporary changes

Amendment 108 #

Motion for a resolution
Recital E

E. whereas the definition of core values and principles is a living and permanent process~~, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a result of different political majorities~~;

Amendment 109 #

Costas MAVRIDES, Andrejs MAMIKINS, Demetris PAPADAKIS

Motion for a resolution
Recital E

E. whereas ~~the definition of~~ core values and principles is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a result of different political majoritiesshould be permanent and immutable;

Amendment 11 #

Motion for a resolution
Citation 4

— having regard to Article 4 (2) and (3) TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union, and No 2 on the application of the principles of subsidiarity and proportionality,

Amendment 110 #

Péter NIEDERMÜLLER, Sylvia-Yvonne KAUFMANN, Birgit SIPPEL

Motion for a resolution
Recital E

E. whereas the definition of core values and principles is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a result of different political majorities;, hence an independent, impartial judiciary with the responsibility to interpret them plays a vital role

Amendment 111 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital E

E. whereas the definition of core values and principles, which allow democracy to flourish and fundamental rights to be protected, is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a result of different political majorities;

Amendment 112 #

Costas MAVRIDES, Andrejs MAMIKINS, Demetris PAPADAKIS

Motion for a resolution
Recital E

E. whereas the definition of ~~cor~~the values and principles is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a result of different political majoron which the Union is founded is to be grounded on respect for national traditions and identities;

Amendment 113 #

Marijana PETIR, Kinga GÁL, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR

Motion for a resolution
Recital E

Amendment 114 #

Salvatore Domenico POGLIESE

Motion for a resolution
Recital E

E. whereas the definition of core values and principles, based on a shared historical, cultural and spiritual heritage, is a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a result of different political majorities;

Amendment 115 #

Motion for a resolution
Recital E

E. whereas the definition of core values and principles ~~is a living and permanent process, and while those values and principles may evolve over time, they~~reinforces our union of sovereign nations and must be protected against short termism and ad hoc changes as a result of different political majorities;

Amendment 116 #

Motion for a resolution
Recital Ε

Ε. whereas the definition of core values and principles ismust be a living and permanent process, and while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a result of different political majorities;

Amendment 117 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital E

E. whereas the definition of core values and principles is a living and permanent process, and ~~while those values and principles may evolve over time, they must be protected against short termism and ad hoc changes as a result of different political majorities~~should be recognised on the basis of human dignity taking into account the particular ethos of each Member State's society;

Amendment 118 #

Motion for a resolution
Recital E a (new)

Ea. whereas Union citizens and residents are not always sufficiently aware of all their rights as Europeans; whereas they should be in a position where they are able to shape the Union’s core values and principles together and above all take ownership of them;

Amendment 119 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Recital F

F. whereas ~~respect for cultural diversity and national traditions may not impede~~the principle of equality and non-discrimination is a universal principle and it represents the common thread of all EU's policies and activities; whereas respect for this principle should lead the Union to promote and adopt a uniform and high level of protection of democracy, rule of law and fundamental rights (DRF) throughout the EU;

Amendment 12 #

Motion for a resolution
Citation 4

— having regard to Article 4(3) TEU, Article 295 TFEU ~~and~~, Protocol No 1 on the role of national parliaments in the European Union, and Protocol No 2 on the application of the principles of subsidiarity and proportionality

Amendment 120 #

Marijana PETIR, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR

Motion for a resolution
Recital F

F. whereas ~~respect for cultural diversity and national traditions may not impede a uniform and high level of protection of democracy, rule of law and fundamental rights (DRF)~~the promotion of democracy, rule of law and fundamental rights (DRF) by the EU institutions must respect the cultural diversity and national traditions of the Member States according to Art. 4(2) TEU;

Amendment 121 #

Motion for a resolution
Recital F

F. whereas respect for cultural diversity and national traditions ~~may not impede a uni~~and identities is the precondition form an~~d high level of~~y initiative aimed at promoting the protection of democracy, rule of law and fundamental rights (DRF);

Amendment 122 #

Motion for a resolution
Recital F

F. whereas respect for cultural diversity and national traditions ~~may~~within and among member states does not impede a uniform and high level of protection of democracy, rule of law and fundamental rights (DRF);

Amendment 123 #

Ivan JAKOVČIĆ

Motion for a resolution
Recital F

F. whereas respect for cultural diversity and national, and regional and local, traditions may not impede a uniform and high level of protection of democracy, rule of law and fundamental rights (DRF);

Amendment 124 #

Motion for a resolution
Recital F

F. whereas respect for cultural diversity ~~and~~, national traditions ~~may not impede a uniform and high level of protection of democracy, rule of law and fundam~~and democratic rules and the principle of subsidiarity is essential ~~rights (DRF)~~;

Amendment 125 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital F

F. whereas ~~respect for cultural diversity and national traditions may not impede~~in accordance with Article 4(2) TEU, a uniform and high level of protection of democracy, rule of law and fundamental rights ~~(DRF)~~should respect the Member States’ constitutional identity;

Amendment 126 #

Motion for a resolution
Recital F

F. whereas ~~respect for cultural diversity and national traditions may not impede a uniform and high level of protection of democracy, rule of law and fundamental rights (DRF)~~policies implemented by Member States should not undermine fundamental rights by circumventing them in the name of national practices and traditions;

Amendment 127 #

Motion for a resolution
Recital F

F. whereas ~~respect for cultural diversity and national traditions may not impede a uniform and high level of protection of democracy, rule of law and fundamental rights (DRF)~~a high level of protection of democracy, rule of law and fundamental rights (DRF) is the sine qua non for guaranteeing cultural diversity and national traditions;

Amendment 128 #

Motion for a resolution
Recital F

F. whereas respect for cultural diversity and national traditions ~~may~~do not ~~impede a uniform and high level of protection of~~contradict, but strengthen democracy, rule of law and fundamental rights (DRF);

Amendment 129 #

Lorenzo FONTANA

Motion for a resolution
Recital F

F. whereas respect for cultural diversity and ~~national traditions may not impede a uniform and high level of~~local, regional and national traditions helps protect~~ion of~~ democracy, the rule of law and fundamental rights (DRF);

Amendment 13 #

Motion for a resolution
Citation 4

— having regard to Article 4(3) and 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union,

Amendment 130 #

Costas MAVRIDES, Andrejs MAMIKINS, Demetris PAPADAKIS

Motion for a resolution
Recital F

F. whereas respect for cultural diversity and national traditions ~~may not impede a uniform and high level of~~are key elements in the protection of democracy, rule of law and fundamental rights (DRF);

Amendment 131 #

Motion for a resolution
Recital F a (new)

Fa. whereas the principles of subsidiarity and proportionality shall constitute key reference points for the present instrument;

Amendment 132 #

Marijana PETIR, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR

Motion for a resolution
Recital F a (new)

Fa. whereas the principles of subsidiarity and proportionality shall constitute key reference points for the present instrument;

Amendment 133 #

Motion for a resolution
Recital F a (new)

Fa. whereas the rule of law cannot be based on the imposition of laws by a majoritarian demographic or national group.

Amendment 134 #

Motion for a resolution
Recital G

G. whereas a high degree of rule of law and effective justice systems play a key role in creating a positive political environment able to regain public trust in institutions an investment-friendly environment, restoring confidence, providing greater regulatory predictability and sustainable growth;

Amendment 135 #

Motion for a resolution
Recital G

G. whereas a high degree of rule of law and independent effective justice systems play a key role in creating an investment-friendly environment, restoring confidence, providing greater regulatory predictability and sustainable growth;

Amendment 136 #

Motion for a resolution
Recital G

G. whereas ~~a high degree of~~safeguarding the rule of law and effective justice systems plays a key role in creating confidence, and hence also for an investment-friendly environment~~, restoring confidence,~~ and for providing greater regulatory predictability and sustainable growth;

Amendment 137 #

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Recital Η

Η. whereas the improvement of the effectiveness of justice systems in Member States has been identified by the Commission as a key component for structural reforms in the European Semester, the annual cycle for the coordination of economic policies at Union level;deleted

Amendment 138 #

Motion for a resolution
Recital H

H. whereas the ~~improvement of the~~ effectiveness of justice systems in Member States ~~has been identified by the Commission as a key component for structur~~is a key aspect of the rule of law and it is essential refor~~ms in the European Semester, the annual cycle for the coordination of economic policies at Union level~~ ensuring equal treatment, sanctioning government abuses and preventing arbitrariness;

Amendment 139 #

Motion for a resolution
Recital H a (new)

Ha. whereas the European Parliament, in its resolution of 8 September 2015 on the situation of fundamental rights in the EU (2013–2014), called on the Commission to establish a scoreboard on the basis of common and objective indicators that would enable it to carry out an annual country assessment of compliance with the rule of law and the situation of fundamental rights in all Member States of the European Union;

Amendment 14 #

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Citation 4

— having regard to Article 4(31) ~~TEU, Article 295~~and (3) TFEU and Protocol No 1 on the role of national parliaments in the European Union,

Amendment 140 #

Motion for a resolution
Recital H a (new)

Ha. whereas an independent legal profession is the cornerstone of a free and democratic society, an exclusive direct state regulation, without a leading role for the profession in the setting and enforcing of standards of conduct and of service, is incompatible with an independent legal profession.

Amendment 141 #

Motion for a resolution
Recital H a (new)

Ha. whereas the UN Guidance Note of the Secretary-General "UN Approach to the Rule of Law Assistance" recommends that the rule of law should include a public and civil society that contributes to strengthening the rule of law and holding public officials and institutions accountable;

Amendment 142 #

Motion for a resolution
Recital I

I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption highlights that integrating existing EU monitoring mechanisms into a broader Rule of Law monitoring framework would result in cost savings of € 70 billion annually;deleted

Amendment 143 #

Motion for a resolution
Recital I

Amendment 144 #

Motion for a resolution
Recital I

Amendment 145 #

Filiz HYUSMENOVA

Motion for a resolution
Recital I

I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption highlights that integrating existing EU monitoring mechanisms, such as the Cooperation and Verification Mechanism (CVM), the Justice Scoreboard and the Anti- Corruption reports into a broader Rule of Law monitoring framework would result in cost savings of € 70 billion annually;

Amendment 146 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Recital I

I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption ~~highlight~~estimates that integrating existing EU monitoring mechanisms into a broader Rule of Law monitoring framework ~~would~~might result in cost savings of € 70 billion annually;

Amendment 147 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital I a (new)

Ia. whereas it "Considers that inter institutional agreements can produce legal effects only on relationships between EU institutions and that they therefore do not constitute soft law defined in terms of a legal effect in relation to third parties" (i.e. individual Member States), as expressed in § 15 of its resolution of 4 September 2007 on institutional and legal implications of the use of "soft law" instruments (2007/2028(INI));

Amendment 148 #

Motion for a resolution
Recital I a (new)

Ia. whereas the Union’s democratic and legal governance does not have as solid a legislative basis as its economic governance, as the Union does not display the same intransigence and firmness in demanding respect for its core values as it does when making sure its economic and fiscal rules are implemented properly;

Amendment 149 #

Péter NIEDERMÜLLER, Sylvia-Yvonne KAUFMANN, Birgit SIPPEL

Motion for a resolution
Recital I a (new)

Ia. whereas there is a strong link between corruption, conflict of interest and the quality of rule of law, national authorities investigating, combating or prosecuting such crimes shall be closely monitored; preserving the integrity of the public sector is a key element of rule of law

Amendment 15 #

Motion for a resolution
Citation 4

— having regard to Article 4(3 (2) TEU, ~~Article 295~~4(3) TFEU and Protocol No 1 on the role of national parliaments in the European Union,

Amendment 150 #

Motion for a resolution
Recital J

Amendment 151 #

Motion for a resolution
Recital J

J. whereas the failure of a candidate country to meet the required standards results in a delay of accession to the Union, while ~~the~~a proven failure of a Member State or an institution of the Union to meet those s~~ame standards has little consequence in prac~~tandards is monitored by an important number of already existing EU instruments: - the procedure following Art. 7 TEU, - the Cooperation and Verification Mechanism, - the EU Anti- Corruption Report, - the Justice Scoreboard, which is part of the European Semester for economic policy coordination, - the EU inter-institutional annual reporting on fundamental rights and the EU Charter of Fundamental Rights; - infringement proceedings, - judicial procedures of the Court of Justice;

Amendment 152 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital J

J. whereas the failure of a candidate country to meet the required standards results in a delay of accession to the Union, while ~~the~~a failure of a Member State or an institution of the Union to meet those s~~ame standards has little consequence in prac~~tandards is monitored by an important number of already existing EU instruments such as the procedure following Art. 7 TEU, the Cooperation and Verification Mechanism, the EU Anti-Corruption Report, the Justice Scoreboard, which is part of the European Semester for economic policy coordination, the EU inter-institutional annual reporting on fundamental rights and the EU Charter of Fundamental Rights; infringement proceedings, and judicial procedures of the Court of Justice;

Amendment 153 #

Motion for a resolution
Recital J

J. whereas the failure of a candidate country to meet the required standards results in a delay of accession to the Union, until it fully meets these standards, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice, as violations of fundamental rights can be observed daily in all EU Member States;

Amendment 154 #

Motion for a resolution
Recital J

J. whereas the failure of a candidate country to meet the required standards results in a delay of accession to the Union, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice; while this failure is especially pertinent in case of the Copenhagen criteria regarding the respect for and protection of ethnic and national minorities;

Amendment 155 #

Louis MICHEL, Gérard DEPREZ, Filiz HYUSMENOVA

Motion for a resolution
Recital J

J. whereas the failure of a candidate country to meet the required standards results in a delay of accession to the Union~~, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice~~;·

Amendment 156 #

Motion for a resolution
Recital J

J. whereas the failure of a candidate country to meet the required standards, values and democratic principles results in a delay of accession to the Union, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice;

Amendment 157 #

Motion for a resolution
Recital J

J. whereas the failure of a candidate country to meet the required standards results in a delay of accession to the Union, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practiceinstruments for enforcing compliance with the required standards change fundamentally after a candidate country has acceded to the Union;

Amendment 158 #

Motion for a resolution
Recital J

J. whereas the failure of a candidate country to meet the required standards results in a delay of accession to the Union, ~~while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice~~and undermines the Union’s credibility if the accession process is not interrupted;

Amendment 159 #

Motion for a resolution
Recital J

J. whereas the failure of a candidate country to meet the required standards results in a delay of accession to the Union, while the failure of a Member State ~~or an institution of the Union~~ to meet those same standards has little consequence in practice;

Amendment 16 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Citation 4

— having regard to Article 4(3) TEU, ~~Article 295 TFEU~~ and Protocol No 1 on the role of national parliaments in the European Union,

Amendment 160 #

Motion for a resolution
Recital J

J. whereas ~~the failure of a~~ candidate countryies need to meet the required standards ~~results in a delay of~~for the accession to the Union~~, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice~~; Whereas for negative developments in a Member State or breaches of the rule of law in the Union, the EU has limited possibilities to act;

Amendment 161 #

Motion for a resolution
Recital J a (new)

Ja. whereas the broader question is whether the EU-institutions, especially Parliament and Commission, are entitled to require Member States to perform an impact assessment on additional obligations while implementing EU law;

Amendment 162 #

Motion for a resolution
Recital K

K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and whereas all Member States should therefore be assessed on a regular basis in order to verify their continued compliance with the Union's common values;·

Amendment 163 #

Motion for a resolution
Recital K

K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation~~, and whereas all Member States should therefore be assessed on a regular basis in order to verify their continued compliance with the Union's common values~~;

Amendment 164 #

Motion for a resolution
Recital K

K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation~~, and whereas all Member States should therefore be assessed on a regular basis in order to verify their continued compliance with the Union's common values~~;

Amendment 165 #

Motion for a resolution
Recital K

K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation~~, and whereas all Member States should therefore be assessed on a regular basis in order to verify their continued compliance with the Union's common values~~;

Amendment 166 #

Motion for a resolution
Recital K

K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere and loyal cooperation established in Article 4 TEU, and whereas all Member States should therefore be assessed on a regular basis in an objective and impartial manner in order to verify their continued compliance with the Union's common values to which they have fully subscribed;

Amendment 167 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital K

K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and whereas all Member States should therefore ~~be assessed on a regular basis in order to verify their continued compliance~~comply with the Union’s common values;

Amendment 168 #

Motion for a resolution
Recital K

K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and whereas all Member States should therefore be assessed on a regular basis in order to verify th~~eir~~at their laws and practices continued to compl~~iance~~y with the Union's common values;

Amendment 169 #

Motion for a resolution
Recital K

K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation, and whereas all, not only new, but also the old Member States should therefore be assessed on a regular basis in order to verify their ~~continued~~ compliance with the Union's common values;

Amendment 17 #

Motion for a resolution
Citation 5

— having regard to the Charter of Fundamental Rights of the European Union of 7 December 2000 (‘the Charter’), proclaimed on 12 December 2007 in Strasbourg, which entered into force with the Treaty of Lisbon in December 2009, with particular reference to Article 51 thereof, under which the Charter does not extend the scope of Union law outside the areas of Union competence and does not establish any new power or task for the Union or modify powers and tasks defined by the Treaties,

Amendment 170 #

Costas MAVRIDES, Andrejs MAMIKINS, Demetris PAPADAKIS

Motion for a resolution
Recital K

Amendment 171 #

Motion for a resolution
Recital K

Amendment 172 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital K

K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation~~, and w~~; Whereas a~~ll Member States~~n analysis and verification of the Member States' compliance with those criteria should therefore be ~~assess~~provided on a regular basis ~~in order to verify their continued compliance with the Union's common values;~~.

Amendment 173 #

Motion for a resolution
Recital K a (new)

Ka. whereas approximately 8% of the EU-28 citizens belong to a national minority and approximately 10% speak a regional or minority language; whereas there is no EU legal framework to guarantee their rights as a minority; whereas the establishment of an effective mechanism to monitor their rights in the EU is of outmost importance; whereas there is a difference between the protection of minorities and antidiscrimination policies; whereas equal treatment is a basic right, not a privilege, of all citizens;

Amendment 174 #

Motion for a resolution
Recital K a (new)

Ka. whereas the 2016 EU Justice Scoreboard from the European Commission as well as the judiciary independence ranking from the World Economic Forum show that beyond the already perceived cases of Poland or Hungary, some other Member States from Western Europe have also deep problems regarding the rule of law and judiciary independence.

Amendment 175 #

Motion for a resolution
Recital K a (new)

Ka. whereas coherence and consistency of internal and external democracy, rule of law and fundamental rights policy is key to the credibility of the EU;

Amendment 176 #

Motion for a resolution
Recital L

~~L. whereas there are few instruments to correct legislative and executive policy decisions by the institutions of the Union;~~deleted

Amendment 177 #

Motion for a resolution
Recital L

L. whereas ~~there are few instruments to correct legislative and executive policy decisions by the institutions of the Union;~~ it exist already an important number of EU instruments: - the procedure following Article 7 of the Treaty on the European Union, - the Cooperation and Verification Mechanism, - the EU Anti-Corruption Report, - the Justice Scoreboard, which is part of the European Semester for economic policy coordination, - the EU inter-institutional annual reporting on fundamental rights and the EU Charter of Fundamental Rights; - infringement proceedings, - judicial procedures of the Court of Justice;

Amendment 178 #

Motion for a resolution
Recital L

L. whereas there alre ~~few instruments to correct legisl~~ady exists an important number of EU instruments, such as the procedure following Article 7 of the Treaty on the European Union, the Cooperativeon and ~~executive policy decisions by the institutions of the Union~~Verification Mechanism, the EU Anti-Corruption Report, the Justice Scoreboard, which is part of the European Semester for economic policy coordination, the EU inter-institutional annual reporting on fundamental rights and the EU Charter of Fundamental Rights; the infringement proceedings, and the judicial procedures of the Court of Justice;

Amendment 179 #

Marijana PETIR, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR

Motion for a resolution
Recital L

L. whereas there are ~~few~~ instruments to correct legislative and executive policy decisions by the institutions of the Union, and these should be tested to be fit for purpose before new mechanisms are created;

Amendment 18 #

Motion for a resolution
Citation 5

— having regard to the Charter of Fundamental Rights of the European Union of 7 December 2000 (‘'the Charter’'), proclaimed on 12 December 2007 in Strasbourg, which entered into force with the Treaty of Lisbon in December 2009, and in particular its Articles 52(4) and 53,

Amendment 180 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital L

L. whereas there are few instruments to ~~correc~~ensure that legislative and executive policy decisions by the institutions of the Union comply with the Union’s core principles and values;

Amendment 181 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital L

L. whereas the~~re are few~~ existing instruments to correct legislative and executive policy decisions by the institutions of the Union should be properly applied and enforced;

Amendment 182 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital L

L. whereas the~~re are few~~ instruments to correct legislative and executive policy decisions by the institutions of the Union; are inadequate;·

Amendment 183 #

Motion for a resolution
Recital M

M. whereas the Court of Justice of the European Union (CJEU) has recently issued ~~various rulings~~rulings confirming, correcting or invalidating certain Union laws, Commission Decisions or legislative practices~~, for being in breach of the Charter of Fundamental Rights or contrary to Treaty principles on transparency and access to documents, but in several cases the institutions of the Union fail to~~; Whereas the Commission should, within its legislative powers, find the proper balance between different fundamental rights and fully comply with the letter and the spirit of the rulings;

Amendment 184 #

Motion for a resolution
Recital M a (new)

Ma. whereas the Court of Justice of the European Union is competent to interpret EU law, while assessment of the compatibility of national law with EU law is a matter for national courts;

Amendment 185 #

Motion for a resolution
Recital N

~~N. whereas the accession of the Union to the European Convention for the Protection of Fundamental Rights and Fundamental Freedom is a Treaty obligation under Article 6(2) TEU;~~deleted

Amendment 186 #

Motion for a resolution
Recital N

N. whereas the accession of the Union to the European Convention for the Protection of Fundamental Rights and Fundamental Freedom is a Treaty obligation under Article 6(2) TEU; and must be carried out;·

Amendment 187 #

Motion for a resolution
Recital N a (new)

Na. whereas the promotion and the protection of pluralistic democracy, the respect for human rights and fundamental freedoms, the rule of law, political and legal co-operation, social cohesion and cultural interchange lies at the heart of co-operation between the Council of Europe and the European Union 1a ; __________________ 1a'Memorandum of Understanding between the Council of Europe and the European Union’, 23 May 2007

Amendment 188 #

Motion for a resolution
Recital O

O. whereas the need for more effective and binding mechanisms to ensure full application of Treaty principles and values has been recognised by both Commission and Council, and put into practice by the creation of the European Commission Rule of Law Framework and the Council Rule of Law DialogueCommission’s creation of a Rule of Law Framework and the start of the Council’s Rule of Law Dialogue from the very beginning gave rise to doubts about compatibility with the Treaties, in particular with the principle of conferral;

Amendment 189 #

Motion for a resolution
Recital O

O. whereas the need for more effective ~~and binding mechanisms to ensure full~~ application of Treaty principles and values has been recognised by both Commission and Council, and put into practice by the creation of the European Commission Rule of Law Framework and the Council Rule of Law Dialogue;

Amendment 19 #

Motion for a resolution
Citation 5 a (new)

– having regard to Declaration 1 concerning the Charter of Fundamental Rights of the European Union annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, in particular the second paragraph thereof, under which the Charter does not extend the field of application of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined by the Treaties,

Amendment 190 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital P

P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadequate and ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries;

Amendment 191 #

Motion for a resolution
Recital P

P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they a~~ppea~~re limited in scope, inadequate and ineffective, or they are unlikely to be used, owing to the hesitation of Union and Member State institutions to trigger them, whereas they are only corrective in nature and not preventive; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries;

Amendment 192 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Recital P

P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and ~~values but in prac~~the Commission found each ticme they appear limited in scope, inadequate and ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countriesat conditions to start a rule of law framework procedure are not fulfilled;

Amendment 193 #

Motion for a resolution
Recital P

Amendment 194 #

Barbara SPINELLI, Kostas CHRYSOGONOS

Motion for a resolution
Recital P

P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadequate and ineffective, or they are unlikely to be used being based on difficult political agreements between the Member States and the EU institutions; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries;

Amendment 195 #

Motion for a resolution
Recital P

P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadequate and ineffective, or they are unlikely to be used; ~~while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries;~~

Amendment 196 #

Motion for a resolution
Recital P

Amendment 197 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital P

Amendment 198 #

Motion for a resolution
Recital P

P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values ~~but in practice they appear limited in scope, inadeq~~; whereas the existing instruments should be applied and enforced and, if necessary, evaluated and ~~ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries~~complemented in the framework of a rule of law mechanism to be adequate and effective;

Amendment 199 #

Motion for a resolution
Recital Q

~~Q. whereas the number of CJEU cases quoting the Charter has risen from 43 in 2011 to 210 in 2014;~~deleted

Amendment 2 #

Motion for a resolution
Heading 1

~~with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights~~The LIBE committee rejects the draft report.

Amendment 20 #

Motion for a resolution
Citation 5 a (new)

– having regard to the European Social Charter, in particular article E;

Amendment 200 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital Q

~~Q. whereas the number of CJEU cases quoting the Charter has risen from 43 in 2011 to 210 in 2014;~~deleted

Amendment 201 #

Motion for a resolution
Recital Q a (new)

Qa. whereas the role of the European Court of Justice should be strengthened as regards respect for fundamental rights, including by making it possible for one fifth of the Members of the European Parliament to refer a text to the Court after its final adoption and before its implementation, if they consider that it undermines fundamental rights;

Amendment 202 #

Motion for a resolution
Recital R

R. whereas coherence between the institutions and Member States in DRF compliance will provide obvious benefits, such as less costly court cases, better clarity for Union citizens and their rights, and more certainty for Member States in terms of implementation;deleted

Amendment 203 #

Motion for a resolution
Recital R

Amendment 204 #

Motion for a resolution
Recital S

~~S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliance;~~deleted

Amendment 205 #

Motion for a resolution
Recital S

~~S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliance;~~deleted

Amendment 206 #

Motion for a resolution
Recital S

~~S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliance;~~deleted

Amendment 207 #

Motion for a resolution
Recital S

S. whereas ~~some Member State governments deny that~~ upholding Union principles and values is a Treaty obligation, ~~or that~~ the Union has the authority to ensure compliance; and the mechanism for ensuring this compliance should be signed and put into practice based on a unanimous agreement of all EU Member States;

Amendment 208 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Recital S

S. whereas some Member State governments deny that upholding Union principles and values is a Treaty obligation~~, or that the Union has the authority to ensure compliance;~~; ·

Amendment 209 #

Motion for a resolution
Recital S

S. whereas ~~some Member State governments deny that upholding Union principles and values is a Treaty obligation, or that the Union has the authority to ensure compliance~~recent developments in some Member States raise concerns whether the rule of law is still upheld throughout the EU;

Amendment 21 #

Motion for a resolution
Citation 5 b (new)

– having regard to Declaration 53 by the Czech Republic on the Charter of Fundamental Rights of the European Union, in particular paragraph 3 thereof, under which, in so far as the Charter recognises fundamental rights and principles as they result from constitutional traditions common to the Member States, those rights and principles are to be interpreted in harmony with those traditions,

Amendment 210 #

Motion for a resolution
Recital S

S. whereas ~~some Member State governments deny that~~ upholding Union principles and values is a Treaty obligation~~, or that~~; and the Union has the authority to ensure compliance;

Amendment 211 #

Motion for a resolution
Recital S

S. whereas ~~some Member State governments deny that~~ upholding Union principles and values is a Treaty obligation, for ~~that~~all Member States equally and the Union has the authority to ensure compliance;

Amendment 212 #

Motion for a resolution
Recital T

~~T. whereas in situations where a Member State no longer guarantee respect for DRF, the Union and its Member States have a duty to protect the rights of the residents of that Member State;~~deleted

Amendment 213 #

Motion for a resolution
Recital T

~~T. whereas in situations where a Member State no longer guarantee respect for DRF, the Union and its Member States have a duty to protect the rights of the residents of that Member State;~~deleted

Amendment 214 #

Marijana PETIR, Kinga GÁL, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR

Motion for a resolution
Recital T

~~T. whereas in situations where a Member State no longer guarantee respect for DRF, the Union and its Member States have a duty to protect the rights of the residents of that Member State;~~deleted

Amendment 215 #

Motion for a resolution
Recital T

~~T. whereas in situations where a Member State no longer guarantee respect for DRF, the Union and its Member States have a duty to protect the rights of the residents of that Member State;~~deleted

Amendment 216 #

Motion for a resolution
Recital T

T. whereas in situations where a Member State no longer guarantees respect for DRF, ~~the Union and its Member States have a duty to~~although mechanisms exist under international law which can be applied with regard to the protection of the rights of the residents of that Member State, new international agreements in this area can broaden the protection of fundamental rights;

Amendment 217 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital T

T. whereas in situations where a Member State ~~no longer guarantee respect for DRF, the Union a~~systemically breaches DRF, the Commission must first find that cond it~~s Member States have a duty to protect the rights of th~~ions to start a rule of law framework procedure are~~sidents of that Member St~~ fulfilled in application of the Treatey;

Amendment 218 #

Motion for a resolution
Recital T

T. whereas in ~~situations where a Member State no longer guarantee respect for DRF~~cases of breaches of the rule of law, the Union and ~~its~~the Member States sha~~ve a duty to~~ll protect the ~~rights of the residents of that Member State~~integrity and application of the Treaties;

Amendment 219 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Recital T

T. whereas in situations where a Member State no longer guarantee respect for DRF, the Union and its Member States have a duty to protect the rights of ~~the residents of~~anyone who is in that Member State;

Amendment 22 #

Motion for a resolution
Citation 5 c (new)

– having regard to Article 51 TEU, under which the protocols and annexes to the Treaties form an integral part thereof,

Amendment 220 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital T

~~T. whereas in situations where a Member State no longer guarantee respect for DRF, the Union and its Member States have a duty to protect the rights of the residents of that Member State;~~(Does not affect the English version.)

Amendment 221 #

Motion for a resolution
Recital T a (new)

Ta. whereas in instances where a Member State refuses to comply with the Union's fundamental principles and values, and dialogue produces neither a tangible outcome nor progress, consideration ought to be given to sanctions against that Member State, including temporarily suspending access to its Union funding, until such time as it again complies with the Union's standards and principles;

Amendment 222 #

Therese COMODINI CACHIA, Danuta Maria HÜBNER, Jean-Marie CAVADA, Michał BONI

Motion for a resolution
Recital T a (new)

Ta. whereas civil society plays an important role in building and strengthening democracy, monitoring, and restraining the power of the state and promoting good governance, transparency, effectiveness, openness, responsiveness and accountability;

Amendment 223 #

Motion for a resolution
Recital T a (new)

Ta. whereas the subsidiarity principle cannot be invoked to reject any Union intervention to ensure Member State compliance with Treaty principles and values;

Amendment 224 #

Louis MICHEL, Filiz HYUSMENOVA, Gérard DEPREZ

Motion for a resolution
Recital T a (new)

Ta. whereas the systematic non- compliance of EU laws by a Member State should also be considered as a trigger for the new procedure.

Amendment 225 #

Motion for a resolution
Recital T b (new)

Tb. whereas action by the Union to ensure that the Member States and institutions abide by the values on which it is founded, and from which Europeans' rights are derived, is an essential condition for them to be part of the European project;

Amendment 226 #

Motion for a resolution
Recital U

U. whereas recent developments have shown it is urgent to revise and integrate existing mechanisms and develop an effective mechanism to ensure Treaty principles and values are upheld throughout the Union;deleted

Amendment 227 #

Motion for a resolution
Recital U

Amendment 228 #

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Recital U

Amendment 229 #

Motion for a resolution
Recital U

U. whereas recent developments have shown it is urgent to revise and integrate existing mechanisms and develop an effective and binding mechanism to ensure Treaty principles and values are ~~uphel~~respected, protected and promoted throughout the Union;

Amendment 23 #

Motion for a resolution
Citation 6

– having regard to the Copenhagen criteria, and the body of EU rules a candidate country must fulfil if it wishes to join the EU - the acquis - in particular Chapters 23 and 24,

Amendment 230 #

Motion for a resolution
Recital U

U. whereas ~~recent developments have shown it is urgent~~it is necessary to revise and integrate existing mechanisms ~~and develop an effective mechanism~~ to ensure Treaty principles and values are upheld throughout the Union;

Amendment 231 #

Motion for a resolution
Recital U

U. whereas recent developments in some Member States have shown it is urgent to revise and integrate existing mechanisms and develop an effective mechanism to ensure Treaty principles and values are upheld throughout the Union;

Amendment 232 #

Motion for a resolution
Recital U

U. whereas ~~recent developments have shown it is urgent to~~the ongoing European integration process implies a revise and integrateion of existing mechanisms, and development of an effective mechanism to ensure Treaty principles and values are upheld throughout the Union;

Amendment 233 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Recital U

U. whereas recent developments have shown it is urgent to revise and integrate existing mechanisms ~~and develop an effective mechanism~~to close remaining gaps and to ensure Treaty principles and values are upheld throughout the Union;

Amendment 234 #

Motion for a resolution
Recital U

U. whereas ~~recent developments have shown it is urgent to revis~~it is necessary to apply , enforce and integrate existing mechanisms and develop an effective mechanism to ensure Treaty principles and values are upheld throughout the Union;

Amendment 235 #

Motion for a resolution
Recital V

V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non-discriminatory and assessing on an equal footing; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;deleted

Amendment 236 #

Motion for a resolution
Recital V

Amendment 237 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital V

Amendment 238 #

Motion for a resolution
Recital V

V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective and not subject to outside influence, in particular political influence; non- discriminatory and assessing on an equal footing; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm, put into practice by an independent body acting on its own behalf;

Amendment 239 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital V

V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing, respecting the principle of subsidiarity, necessity and proportionality; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;

Amendment 24 #

Motion for a resolution
Citation 7 a (new)

– having regard the Council of Europe's Recommendation No R(2000)21 of 25 October 2000 and the United Nations Basic Principles on the Role of Lawyers of 1990 which call upon states to guarantee a free and independent legal profession;

Amendment 240 #

Motion for a resolution
Recital V

V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing; respecting the principle of subsidiarity; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;

Amendment 241 #

Motion for a resolution
Recital V

V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing; applying to both Member States and institutions of the Union; respecting the principle of subsidiarity and based on a graduated approach, including both a preventative and corrective arm;

Amendment 242 #

Motion for a resolution
Recital V

V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing; applying to both Member States and institutions of the Union; ~~and based on a graduated approach, including both a preventative and corrective arm;~~·

Amendment 243 #

Motion for a resolution
Recital V

V. whereas a ~~new mechanism~~ny assessment in the field of DRF should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing; applying to both Member States and institutions of the Union; and based on a graduated approach, including both a preventative and corrective arm;

Amendment 244 #

Motion for a resolution
Recital V

V. whereas a new mechanism should be based on the following guiding principles: evidence based; objective; non- discriminatory and assessing on an equal footing; applying to ~~both~~ Member States ~~and institutions of the Union~~; and based on a graduated approach, including both a preventative and corrective arm;

Amendment 245 #

Monika BEŇOVÁ

Motion for a resolution
Recital V a (new)

Va. whereas in its judgement in joint cases C-404/15 and C-659/15, the Court of Justice of the European Union stressed that the executing judicial authority must, initially, rely on information that is objective, reliable, specific and properly updated on the detention conditions prevailing in the issuing Member State and that demonstrates that there are deficiencies, which may be systemic or generalised, or which may affect certain groups of people, or which may affect certain places of detention. That information may be obtained from, inter alia, judgments of international courts, such as judgments of the ECtHR, judgments of courts of the issuing Member State, and also decisions, reports and other documents produced by bodies of the Council of Europe or under the aegis of the UN

Amendment 246 #

Motion for a resolution
Recital W

~~W. whereas a new mechanism should aim at offering a single, coherent framework, building on and incorporating existing instruments and mechanisms, and closing any remaining gaps;~~deleted

Amendment 247 #

Motion for a resolution
Recital W

~~W. whereas a new mechanism should aim at offering a single, coherent framework, building on and incorporating existing instruments and mechanisms, and closing any remaining gaps;~~deleted

Amendment 248 #

Motion for a resolution
Recital W

~~W. whereas a new mechanism should aim at offering a single, coherent framework, building on and incorporating existing instruments and mechanisms, and closing any remaining gaps;~~deleted

Amendment 249 #

Motion for a resolution
Recital W

W. whereas a ~~new mechanism should aim at offering a single, coherent framework,~~ny assessment in the field of DRF should build~~ing~~ on and incorporat~~ing~~e existing instruments and mechanisms, and clos~~ing any~~e remaining gaps;

Amendment 25 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Citation 7 a (new)

– having regard to the 'Memorandum of Understanding between the Council of Europe and the European Union', 23 May 2007,

Amendment 250 #

Motion for a resolution
Recital W a (new)

Wa. whereas the European Union Agency for Fundamental Rights helps ensure that fundamental rights are observed and safeguarded in the Union, and whereas its role, powers and budget should be expanded under the new mechanism;

Amendment 251 #

Motion for a resolution
Recital W a (new)

Wa. whereas the new system should link up the compliance with the rule of law and respect for fundamental rights with receiving structural funds from the EU institutions.

Amendment 252 #

Motion for a resolution
Recital X

~~X. whereas the establishment of an EU Pact for DRF is without prejudice to the direct application of Article 7(1) and (2) TEU;~~deleted

Amendment 253 #

Motion for a resolution
Recital X

X. whereas the establishment of an EU Pact for DRF ~~is without~~would produce a concrete prejudice to the direct application of Article 7(1) and (2) TEU, as the EU Pact for DRF creates politically motivated parallel structures and procedures based on a simple inter-institutional agreement between Parliament and Commission against the Member States;

Amendment 254 #

Motion for a resolution
Recital X

X. whereas the establishment of an EU Pact for DRF ~~is without~~produces a concrete prejudice to the direct application of Article 7(1) and (2) TEU, as the EU Pact for DRF creates politically motivated parallel structures and procedures based on a simple inter-institutional agreement between Parliament and Commission against the Member States;

Amendment 255 #

Motion for a resolution
Recital X

X. whereas the establishment of an EU Pact for DRF is without prejudice to the direct application of Article 7(1) and (2) TEU and the right of the Commission to launch an infringement procedure if a Member State has failed to fulfil an obligation under the Treaties, including Article 2 TEU;

Amendment 256 #

Motion for a resolution
Recital X

X. whereas the establishment of ~~an EU Pact for~~cooperation and dialogue between Member States on DRF is without prejudice to the direct application of Article 7(1) and (2) TEU;

Amendment 257 #

Motion for a resolution
Paragraph 1

1. Requests the Commission to submit, by the end of 2016, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;deleted

Amendment 258 #

Motion for a resolution
Paragraph 1

Amendment 259 #

Andrea BOCSKOR

Motion for a resolution
Paragraph 1

Amendment 26 #

Motion for a resolution
Citation 7 a (new)

– having regard to the Framework Convention for the Protection of National Minorities of the Council of Europe;

Amendment 260 #

Motion for a resolution
Paragraph 1

Amendment 261 #

Costas MAVRIDES, Andrejs MAMIKINS

Motion for a resolution
Paragraph 1

Amendment 262 #

Motion for a resolution
Paragraph 1

1. Requests the Commission to submit, byonce the ~~end of 2016~~process of accession of the European Union to the European Convention of Human Rights will have been completed, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, ~~integrating, aligning and~~ complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;

Amendment 263 #

Marijana PETIR, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR

Motion for a resolution
Paragraph 1

Amendment 264 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 1

1. Requests the Commission to submit, by the end of 2016, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States ~~in the framework of Article 7 TEU~~, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto and with a view to extend this Pact also to all European Institutions and bodies;

Amendment 265 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Paragraph 1

1. Requests the Commission to submit, by the end of 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;

Amendment 266 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Paragraph 1

1. Requests the Commission to submit, by ~~the end of~~September 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;

Amendment 267 #

Motion for a resolution
Paragraph 1

1. Requests the Commission to submit, by the end of 2016, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union ~~and its Member States~~ in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;

Amendment 268 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 1 a (new)

1a. Calls on the Member States to conclude a new international agreement establishing permanent cooperation and dialogue on promoting DRF;

Amendment 269 #

Motion for a resolution
Paragraph 1 a (new)

1a. Recommends that the Commission engages in a meaningful dialogue with civil society and ensures that its contributions are clearly taken into account in the proposal;

Amendment 27 #

Motion for a resolution
Citation 7 b (new)

– having regard to the European Charter for Regional or Minority Languages of the Council of Europe;

Amendment 270 #

Motion for a resolution
Paragraph 1 a (new)

1a. Notes that such mechanism should respect and safeguard the principle of equality between women and men, being one of the founding principles of the European Union;

Amendment 271 #

Motion for a resolution
Paragraph 1 a (new)

1a. Underlines that an effective rule of law mechanism can only be established by involving national governments and civil society organizations;

Amendment 272 #

Motion for a resolution
Paragraph 2

2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Union;deleted

Amendment 273 #

Motion for a resolution
Paragraph 2

Amendment 274 #

Motion for a resolution
Paragraph 2

Amendment 275 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 2

2. ~~Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as the three main institutions of the Union~~Points out that the power to conclude interinstitutional agreements is based on the right of organisational self- determination of the EU institutions concerned; notes that they could be made binding on third parties, whether positively or negatively, only to the extent that the institutions involved had the power to make them binding on third parties on the basis of the right of organisational self-determination, within the framework of this purely internal and unilateral arrangement; notes further that interinstitutional agreements rationae materiae are addressed only to the institutions involved, and consequently they are binding exclusively on those institutions, and not on individual Member States;

Amendment 276 #

Motion for a resolution
Paragraph 2

Amendment 277 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 2

2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States as well as t~~he three main institutions of the Union~~o all the acts of the European Commission, the European Parliament, the Council of the EU and the European Council;

Amendment 278 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 2

Amendment 279 #

Motion for a resolution
Paragraph 2

2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States equally as well as the three main institutions of the Union;

Amendment 28 #

Motion for a resolution
Citation 10 a (new)

– having regard to the UN Convention on the elimination of all forms of discrimination against women,

Amendment 280 #

Motion for a resolution
Paragraph 2

2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply to all Member States ~~as well as the three main institutions of the Union~~;

Amendment 281 #

Motion for a resolution
Paragraph 2

2. Recommends~~, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and apply~~ preventative and corrective elements in the field of DRF, and their application to all Member States as well as the three main institutions of the Union;

Amendment 282 #

Péter NIEDERMÜLLER, Sylvia-Yvonne KAUFMANN, Birgit SIPPEL

Motion for a resolution
Paragraph 2

2. Recommends, in particular, that the mechanisms of the EU Pact for DRF include preventative and corrective elements, and ~~apply to all Member States as well as~~should apply only to the three main institutions of the Union;

Amendment 283 #

Motion for a resolution
Paragraph 2 a (new)

2a. Considers that while the main purpose of such a mechanism is to prevent and correct breaches of Union values, suggests that such mechanism also contains possible sanctions that can act as effective deterrence such as freezing of EU funds or other fines;

Amendment 284 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 2 a (new)

2a. Recommends furthermore that the EU Pact for DRF include the regular monitoring of the compatibility of the international agreements ratified by the Member States and the Union with the European and international provisions regarding the protection and promotion of human rights;

Amendment 285 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Paragraph 2 a (new)

2a. Takes the view that the first, pilot phase of this promotion could be a Europe-wide debate with the participation of Member State governments, national parliaments and European institutions, as well as other institutions that are responsible for promoting fundamental rights;

Amendment 286 #

Motion for a resolution
Paragraph 2 a (new)

2a. Reiterates that the Member States are obliged to cooperate with each other and the EU, based on the principles of mutual trust and sincere cooperation;

Amendment 287 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 2 a (new)

2a. Stresses that a culture of respect for the rule of law needs to be nourished and that this can be done best by strengthening independent national institutions;

Amendment 288 #

Motion for a resolution
Paragraph 2 b (new)

2b. Welcomes the establishment of an inter-parliamentary debate in order to sort out as much as possible misunderstandings, maladministration and incorrect implementation via a structured dialogue;

Amendment 289 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 2 b (new)

2b. Expresses once again its deep concern for the lack of transparency and democratic accountability that characterises the Eurogroup; recommends that the EU Pact for DRF also apply to this body;

Amendment 29 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Citation 10 a (new)

– having regard to the UN Approach to Rule of Law Assistance of April 2008,

Amendment 290 #

Motion for a resolution
Paragraph 2 c (new)

2c. Recalls that the Commission, as guardian of the Treaties, has the duty to monitor and assess the correct implementation of the EU law and the respect of the principles and objectives enshrined in the Treaties by the Member States and by all the EU institutions and bodies; recommends, therefore, to take into consideration this task of the Commission in assessing its compliance with DRF through the DRF Scoreboard;

Amendment 291 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 3

3. Calls on the Commission to present, by June 2017 at the latest, a new draft agreement for the accession of the Union to the ECHR, taking into account the Opinion 2/13 of the Court of Justice of the European Union (CJEU) of 18 December 2014;deleted

Amendment 292 #

Motion for a resolution
Paragraph 3

3. Calls on the Commission to present, by June 2017 at the latest, a new draft agreement for the accession of the Union to the ECHR, ~~taking into account the Opinion 2/13 of the Court of Justice of the European Union (CJEU) of 18 December 2014~~providing positive solutions to the objections raised by the Court of Justice of the European Union (CJEU) in its Opinion 2/13 of 18 December 2014; furthermore, asks the Commission to start negotiations with the Council of Europe for the accession of the EU to the European Social Charter;

Amendment 293 #

Motion for a resolution
Paragraph 3

3. Calls on the Commission to ~~present, by June~~submit, by December 20176 at the latest, a ~~new draft agreement for~~report on the state of play in the negotiations on the accession of the Union to the ECHR, taking into account ~~the~~ Opinion 2/13 of the Court of Justice of the European Union (CJEU) of 18 December 2014;

Amendment 294 #

Motion for a resolution
Paragraph 3

3. Calls on the Commission to present~~, by June 2017 at the latest,~~ a new draft agreement for the accession of the Union to the ECHR, taking into account the Opinion 2/13 of the Court of Justice of the European Union (CJEU) of 18 December 2014;

Amendment 295 #

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 3 a (new)

3a. Calls on the Commission to bundle, from 2018 onwards, its relevant annual thematic reports as well as the outcome of existing monitoring mechanisms and periodic assessment tools, to be presented all on the same day feeding into a Democracy, Rule of Law and Fundamental Rights policy cycle;

Amendment 296 #

Motion for a resolution
Paragraph 3 a (new)

3a. Recalls that the financial, economic and social crisis and the measures adopted to tackle it have had a deep impact on large sections of the population; underlines that social rights are fundamental rights, as recognised by international treaties, the ECHR, the EU Charter of Fundamental Rights and the European Social Charter; calls therefore on the Commission to duly take into account social rights while proposing the conclusion of the EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) and to properly fulfil its obligation to mainstream social objectives throughout all European initiatives as provided for in articles 3 TEU and 9 TFEU;

Amendment 297 #

Motion for a resolution
Paragraph 4

4. Invites the European Ombudsman to ~~issue~~highlight and consolidate within a dedicated chapter, as part of its annual report, ~~specific~~cases, recommendations ~~to the institutions of the Union in the field~~and decisions related to citizens' fundamental rights, as well as the principles of democracy and the rule of ~~DRF~~law;

Amendment 298 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 4

4. Invites the European Ombudsman to ~~issue, as part~~act solely within the boundaries of its man~~nual report, specific recommend~~date which is to investigate complaints about maladministration~~s to~~ in the institutions ~~of the Union in the field of DRF~~and bodies of the European Union ;

Amendment 299 #

Motion for a resolution
Paragraph 4

4. Invites the ~~European Ombudsman to issue, as part of its annual report, specific recommendations to the institutions of the Union in the field of DRF;~~Commission to analyse recommendations of the European Ombudsman to the institutions of the Union and the Member States in the field of fundamental rights and rule of law.

Amendment 3 #

Motion for a resolution
Heading 1

~~with recommendations to the Commission on the establishment of an EU mechanism on~~on new ways for the EU institutions and the Member States to promote democracy, the rule of law and fundamental rights

Amendment 30 #

Motion for a resolution
Citation 10 b (new)

– having regard to the UN Sustainable Development Goals, Goal #16 in particular,

Amendment 300 #

Therese COMODINI CACHIA, Danuta Maria HÜBNER, Jean-Marie CAVADA, Michał BONI

Motion for a resolution
Paragraph 4

4. Invites the European Ombudsman to ~~issue, as part of~~stick to its man~~nual report, specific recommend~~date which is to investigate complaints about maladministration~~s to~~ in the institutions ~~of the Union in the field of DRF~~and bodies of the European Union ;

Amendment 301 #

Motion for a resolution
Paragraph 4 a (new)

4a. Recommends that the European Ombudsman develops the DRF recommendations to the institutions of the Union in consultation with NGOs and other civil society organisations;

Amendment 302 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Paragraph 5

5. Calls for the creation of a Union Fund, on the basis of a pilot project, for legal assistance to individuals and organisations litigating cases relating to DRF violations by national governments or the institutions of the Union;deleted

Amendment 303 #

Motion for a resolution
Paragraph 5

Amendment 304 #

Marijana PETIR, Kinga GÁL, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR

Motion for a resolution
Paragraph 5

Amendment 305 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Emil RADEV, Mariya GABRIEL, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Paragraph 5

Amendment 306 #

Motion for a resolution
Paragraph 5

Amendment 307 #

Motion for a resolution
Paragraph 5

Amendment 308 #

Motion for a resolution
Paragraph 5

5. Calls for the creation of a Union Fund, on the basis of a pilot project, for legal assistance to individuals and organisations litigating cases relating to DRF violations by national or subnational governments or the institutions of the Union;

Amendment 309 #

Motion for a resolution
Paragraph 5

Amendment 31 #

Motion for a resolution
Citation 10 c (new)

– having regard to the COSAC Twenty-fifth Bi-annual Report: Developments in European Union Procedures and Practices Relevant to Parliamentary Scrutiny of 18th May 2016,

Amendment 310 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Paragraph 5

5. Calls for the creation of a Union Fund, on the basis of a pilot project, for legal assistance to individuals and organisations litigating cases relating to DRF violations by ~~national governments or~~ the institutions of the Union;

Amendment 311 #

Laura FERRARA

Motion for a resolution
Paragraph 5 a (new)

5a. Calls on the Commission to bring forward a proposal for a directive on class actions, in order to ensure that minimum standards are observed in all Member States and also to regulate cases of human rights violations;

Amendment 312 #

Motion for a resolution
Paragraph 5 a (new)

5a. Reiterates that the Member States are obliged to cooperate with each other and the institutions based on principles of mutual trust and sincere cooperation.

Amendment 313 #

Motion for a resolution
Paragraph 6

Amendment 314 #

Motion for a resolution
Paragraph 6

Amendment 315 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 6

Amendment 316 #

Motion for a resolution
Paragraph 6

6. Calls on the Commission to develop and implement an awareness raising campaign to enable Union citizens and residents to take full ownership of their rights deriving from the Treaties and from the Charter of Fundamental Rights, providing information about citizens' rights to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Union;

Amendment 317 #

Motion for a resolution
Paragraph 6

6. Calls on the Commission to develop and implement an awareness raising campaign, providing information about citizens' rights to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Union; , especially in southern European countries such as Greece, Italy and Portugal, as well as Ireland, where austerity policies and memorandum provisions have been implemented;·

Amendment 318 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 6

6. Calls on the Commission to develop and implement an awareness raising campaign, providing information about citizens’ ~~rights to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Union~~fundamental rights at EU level;

Amendment 319 #

Motion for a resolution
Paragraph 6

6. Calls on the Commission to develop and implement an awareness raising campaign, providing information about ~~citizens'~~fundamental rights, t~~o judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Union~~he rule of law and the possibility to enforce those rights;

Amendment 32 #

Therese COMODINI CACHIA, Danuta Maria HÜBNER

Motion for a resolution
Citation 11

– having regard to the publications of the European Union Agency for Fundamental Rights (FRA), ~~including the proposed European Fundamental Rights Information System (EFRIS) in the FRA paper 'Fundamental rights in the future of the European Union's Justice and Home Affairs', 31 December 20131 ,~~ __________________ 1 http://fra.europa.eu/sites/default/files/fra_s ubmission_on_the_future_of_eu_justice.pd f

Amendment 320 #

Motion for a resolution
Paragraph 6

6. Calls on the Commission to partner with civil society to develop and implement an awareness raising campaign, providing information about citizens' rights to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Union;

Amendment 321 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 6 a (new)

6a. Calls for the organisation of an annual "European Justice Summit" to be held at the European Parliament, bringing together members of the EU institutions, the Court of Justice, the European Court of human rights, the Council of Europe, the FRA, the national supreme courts and representatives of civil society, in order to promote a structured and permanent pan-European dialogue on democracy, the rule of law and fundamental rights;

Amendment 322 #

Motion for a resolution
Paragraph 6 a (new)

6a. Calls for the setting up of an endowment for democracy grant-giving organisation that supports local actors promoting democracy, rule of law and fundamental rights within the EU;

Amendment 323 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 7

~~7. Invites the CJEU to make proposals in order to speed up its procedures, with a view to improving access to justice for individuals challenging violations of DRF;~~deleted

Amendment 324 #

Motion for a resolution
Paragraph 7

~~7. Invites the CJEU to make proposals in order to speed up its procedures, with a view to improving access to justice for individuals challenging violations of DRF;~~deleted

Amendment 325 #

Enrico GASBARRA

Motion for a resolution
Paragraph 7

7. Invites the CJEU to make proposals in order to speed up its procedures, with a view to ~~improv~~facilitating access to justice ~~for individual~~, in administrative and financial terms, for citizens challenging violations of DRF;

Amendment 326 #

Motion for a resolution
Paragraph 7

7. Invites the CJEU to make proposals in order to speed up its procedures, with a view to improving access to justice at EU level for individuals challenging violations of DRF by the EU institutions;

Amendment 327 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 7

7. ~~Invit~~Welcomes the ~~CJEU to make proposals in order to speed up its procedures, with a view to improving access to justic~~reform of the Court of Justice of the European Union, through which the number of judges at the Court is gradually being increased in order to handle the fwor ~~individuals challenging viol~~kload and reduce the durations of ~~DRF;~~ procedures;

Amendment 328 #

Motion for a resolution
Paragraph 7 a (new)

7a. Reaffirms that victim protection is founded in a series of fundamental rights to be observed by the Union and that, to ensure that those rights are observed, there must be full mutual recognition of victim protection orders so that victims' status is recognised throughout the Union; takes the view that victims should be helped and assisted at European level in the event that their status is not recognised if they travel from one Member State to another; considers that that might ultimately become one of the powers of the prospective European Public Prosecutor's Office;

Amendment 329 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 7 b (new)

7b. Takes the view that, along the lines of the Stability and Growth Pact, financial penalties, including the freezing of European funds, should be imposed on Member States that refuse to comply with the principles and values of the Union;

Amendment 33 #

Motion for a resolution
Citation 11

– having regard to the publications of the European Union Agency for Fundamental Rights (FRA), including the proposed European Fundamental Rights Information System (EFRIS) in the FRA paper 'Fundamental rights in the future of the European Union's Justice and Home Affairs', 31 December 20131 ,; __________________ 1 http://fra.europa.eu/sites/default/files/fra_s ubmission_on_the_future_of_eu_justice.pd f

Amendment 330 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Paragraph 8

8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;deleted

Amendment 331 #

Motion for a resolution
Paragraph 8

Amendment 332 #

Motion for a resolution
Paragraph 8

Amendment 333 #

Motion for a resolution
Paragraph 8

Amendment 334 #

Enrico GASBARRA

Motion for a resolution
Paragraph 8

Amendment 335 #

Monika BEŇOVÁ

Motion for a resolution
Paragraph 8

8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also ~~assess~~undertake an assessment of access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, ~~length and cost of litigation~~an independent legal profession, legal standing rules, duration and cost of litigation, adequacy and effectiveness of the legal aid system, as well as the existence of the necessary funds for it, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;

Amendment 336 #

Motion for a resolution
Paragraph 8

8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, ~~length and cost of litigation~~an independent legal profession, length and cost of litigation, adequacy and effectiveness of the legal aid system, as well as the existence of the necessary funds for it, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;

Amendment 337 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 8

8. Recommends that the ~~DRF expert panel, as per the proposed interinstitutional agreement, also~~Commission assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;

Amendment 338 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 8

8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, ~~applying the same benchmarks to the CJEU and ECtHR,~~ including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens~~, and options for cross border collective redress~~;

Amendment 339 #

Motion for a resolution
Paragraph 8

8. Recommends that the ~~DRF expert panel~~independent DRF commission, as per the proposed interinstitutional agreement, also assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;

Amendment 34 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Citation 11

– having regard to the publications of the European Union Agency for Fundamental Rights (FRA), including the proposed European Fundamental Rights Information System (EFRIS) in the FRA paper 'Fundamental rights in the future of the European Union's Justice and Home Affairs', 31 December 20131 , __________________ 1 http://fra.europa.eu/sites/default/files/fra_ submission_on_the_future_of_eu_justice. pdf;

Amendment 340 #

Motion for a resolution
Paragraph 8 a (new)

8a. Considers that beside the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) the Union needs to further strengthen its democratic legitimacy by providing for a greater involvement of civil society in the decision-making process; recalls that in its follow up to the European Parliament resolution on the European Citizens' Initiative, adopted on 2 February 2016, the Commission stated "that after only three years after its effective entry into application, it is at this point too early to launch a legislative revision of the Regulation"; recalls however that from the establishment of the ECI only three initiatives were deemed admissible and no one has received an appropriate follow-up; therefore stresses once more the need to revise Regulation 211/2011 in order to encourage the Commission to have a less restrictive approach on the legal admissibility of an ECI and to allow a successful initiative to have an appropriate and concrete follow- up;

Amendment 341 #

Marijana PETIR, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR, Tunne KELAM

Motion for a resolution
Paragraph 8 a (new)

8a. Considers that the DRF Scoreboard may draw on the expertise of a variety of actors, including academics, representative associations and civil society, Churches and religious associations or communities, professional and sectoral associations;

Amendment 342 #

Costas MAVRIDES, Andrejs MAMIKINS, Demetris PAPADAKIS

Motion for a resolution
Paragraph 8 a (new)

Amendment 343 #

Therese COMODINI CACHIA, Danuta Maria HÜBNER, Jean-Marie CAVADA, Michał BONI

Motion for a resolution
Paragraph 8 a (new)

8a. Recommends that the Commission engages in a meaningful dialogue with civil society and ensure that its contribution and role is built into any pact or mechanism on Democracy, Rule of Law and Fundamental Rights.

Amendment 344 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Paragraph 8 a (new)

8a. Recommends that the Commission engages in a meaningful dialogue with civil society and ensures that its contribution and role is firmly built into the EU Pact on Democracy, Rule of Law and Fundamental Rights;

Amendment 345 #

Motion for a resolution
Paragraph 8 a (new)

8a. Considers that the existing tools and mechanisms for enforcement of rights should be properly applied and strengthened if possible breaches appear.

Amendment 346 #

Therese COMODINI CACHIA, Danuta Maria HÜBNER, Jean-Marie CAVADA, Michał BONI

Motion for a resolution
Paragraph 8 b (new)

8b. Recommends that any inter- parliamentary debate on DRF should include civil society and considers that civic participation and strength of civil society should be taken into consideration as indicator for Democracy;

Amendment 347 #

Marijana PETIR, Kinga GÁL, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR

Motion for a resolution
Paragraph 9

9. Considers, furthermore, that any future Treaty revision should include the following changes: - Article 2 TEU to become a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure; - Enabling national courts under Article 2 TEU to bring before the CJEU actions on the legality of Member States' actions; - Enabling individuals to bring actions before the CJEU; - Abolition of Article 51 of the Charter of Fundamental Rights, and the conversion of the Charter into a Bill of Rights of the Union; - Reviewing the unanimity requirement in areas relating to respect for and protection and promotion of fundamental rights, such as equality and non- discrimination;deleted

Amendment 348 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 9 – introductory part

9. Considers, furthermore, that ~~any future Treaty revision should include the following changes:~~if in the future further Treaty changes would be considered, the attention should be drawn - to Article 2 and the fulfilment of the Member States' obligation to protect the fundamental values the EU is based upon - to the consideration of further mechanisms how the rule of law could be strengthened or, if breaches appear, how the rule of law could be re-established while respecting national competences and sovereignty; - to a possible revision of Article 7, in order to make sanctions against Member States relevant and applicable;

Amendment 349 #

Motion for a resolution
Paragraph 9 – introductory part

9. Considers, furthermore, that any future Treaty revision should ~~include the following changes:~~develop the promotion of DRF;

Amendment 35 #

Motion for a resolution
Citation 11

Amendment 350 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 9 – indent 1

~~- Article 2 TEU to become a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure;~~deleted

Amendment 351 #

Motion for a resolution
Paragraph 9 – indent 1

~~- Article 2 TEU to become a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure;~~deleted

Amendment 352 #

Motion for a resolution
Paragraph 9 – indent 1

~~- Article 2 TEU to become a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure;~~deleted

Amendment 353 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 9 – indent 1

- ~~Article 2 TEU to becom~~Introducing an article in the Treaty on the Functioning of the European Union to provide a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure, on the basis of the values set out in Article 2 TEU,

Amendment 354 #

Motion for a resolution
Paragraph 9 – indent 1

- Article 2 TEU and the Charter of Fundamental Rights to become a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure;

Amendment 355 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 9 – indent 1

Article 2 TEU to become a legal - Article 2 TEU and the Charter to become a legal base for infringement procedures and legislative measures to be adopted under the ordinary legislative procedure;

Amendment 356 #

Motion for a resolution
Paragraph 9 – indent 1

- Article 2 TEU to become a legal base for ~~infringement procedures and~~ legislative measures to be adopted under the ordinary legislative procedure;

Amendment 357 #

Salvatore Domenico POGLIESE

Motion for a resolution
Paragraph 9 – indent 1 a (new)

- Changing the prerequisite for a European Council decision set out in Article 7(2) TEU from unanimity to a qualified majority;

Amendment 358 #

Motion for a resolution
Paragraph 9 – indent 2

~~- enabling national courts under Article 2 TEU to bring before the CJEU actions on the legality of Member States' actions;~~deleted

Amendment 359 #

Motion for a resolution
Paragraph 9 – indent 2

~~- Enabling national courts under Article 2 TEU to bring before the CJEU actions on the legality of Member States' actions;~~deleted

Amendment 36 #

Motion for a resolution
Citation 11 a (new)

– having regard to the Opinion of the European Union Agency for Fundamental Rights on the development of an integrated tool of objective fundamental rights indicators able to measure compliance with the shared values listed in Article 2 TEU based on existing sources of information of 8 April 2016,

Amendment 360 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 9 – indent 2

~~- Enabling national courts under Article 2 TEU to bring before the CJEU actions on the legality of Member States' actions;~~deleted

Amendment 361 #

Motion for a resolution
Paragraph 9 – indent 2

~~- Enabling national courts under Article 2 TEU to bring before the CJEU actions on the legality of Member States' actions;~~deleted

Amendment 362 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 9 – indent 2

- Enabling national courts under Article 2 TEU and the Charter of Fundamental Rights to bring before the CJEU actions on the legality of Member States' actions;

Amendment 363 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 9 – indent 3

~~- Enabling individuals to bring actions before the CJEU;~~deleted

Amendment 364 #

Motion for a resolution
Paragraph 9 – indent 3

~~- Enabling individuals to bring actions before the CJEU;~~deleted

Amendment 365 #

Motion for a resolution
Paragraph 9 – indent 3

- Enabling ~~individual~~natural and legal persons to bring actions before the CJEU; for alleged violations of the Charter of Fundamental Rights either by the EU institutions or by a Member State, by amending Articles 258 and 259 of the TFEU;

Amendment 366 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 9 – indent 3

- Enabling ~~individuals~~natural or legal persons who are directly and individually affected by an action to bring actions before the CJEU against a Member State,

Amendment 367 #

Motion for a resolution
Paragraph 9 – indent 3

- Enabling individuals to bring actions before the CJEU, including class actions and strategic litigations;

Amendment 368 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 9 – indent 3

- Enabling individuals, local and regional governments to bring actions directly before the CJEU;

Amendment 369 #

Motion for a resolution
Paragraph 9 – indent 3 a (new)

- Enabling individuals to bring actions before the CJEU for failure to act with regard to decisions adopted by the EU institutions under article 7 TEU;

Amendment 37 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Citation 12

~~– having regard to the~~ deletter of the Ministers of Foreign Affairs of Germany, Denmark, Finland and the Netherlands to the Commission President of 6 March 20132, __________________ 2 http://www.rijksoverheid.nl/bestanden/doc umenten-en- publicaties/brieven/2013/03/13/brief-aan- europese-commissie-over-opzetten- rechtsstatelijkheidsmechanisme/brief- aan-europese-commissie-over-opzetten- rechtsstatelijkheidsmechanisme.pdfd

Amendment 370 #

Motion for a resolution
Paragraph 9 – indent 3 b (new)

- Enabling the Court of Justice to review the legitimacy of the decisions adopted under article 7 TEU;

Amendment 371 #

Monika HOHLMEIER, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 9 – indent 4

~~- Abolition of Article 51 of the Charter of Fundamental Rights, and the conversion of the Charter into a Bill of Rights of the Union;~~deleted

Amendment 372 #

Motion for a resolution
Paragraph 9 – indent 4

~~- Abolition of Article 51 of the Charter of Fundamental Rights, and the conversion of the Charter into a Bill of Rights of the Union;~~deleted

Amendment 373 #

Motion for a resolution
Paragraph 9 – indent 4

~~- Abolition of Article 51 of the Charter of Fundamental Rights, and the conversion of the Charter into a Bill of Rights of the Union,~~deleted

Amendment 374 #

Motion for a resolution
Paragraph 9 – indent 4

~~- Abolition of Article 51 of the Charter of Fundamental Rights, and the conversion of the Charter into a Bill of Rights of the Union;~~deleted

Amendment 375 #

Motion for a resolution
Paragraph 9 – indent 4

- ~~Abolition of~~Strengthening Article 51 of the Charter of Fundamental Rights~~, and the conversion of the Charter into a Bill of Rights of the Union~~;

Amendment 376 #

Motion for a resolution
Paragraph 9 – indent 5

~~- Reviewing the unanimity requirement in areas relating to respect for and protection and promotion of fundamental rights, such as equality and non-discrimination;~~deleted

Amendment 377 #

Motion for a resolution
Paragraph 9 – indent 5

~~- Reviewing the unanimity requirement in areas relating to respect for and protection and promotion of fundamental rights, such as equality and non-discrimination;~~deleted

Amendment 378 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 9 – indent 5

~~- Reviewing the unanimity requirement in areas relating to respect for and protection and promotion of fundamental rights, such as equality and non-discrimination;~~deleted

Amendment 379 #

Motion for a resolution
Paragraph 9 – indent 5

~~- Reviewing the unanimity requirement in areas relating to respect for and protection and promotion of fundamental rights, such as equality and non-discrimination;~~deleted

Amendment 38 #

Motion for a resolution
Citation 12 a (new)

– having regard to Council Legal Service opinion 10296/14 of 27 May 2014, in particular paragraph 17 thereof, according to which respect for the rule of law by the Member States cannot be, under the Treaties, the subject matter of an action by the institutions of the Union irrespective of the existence of a specific material competence to frame this action, with the sole exception of the procedure described in Article 7 TEU; only this legal basis provides for a Union competence to supervise the application of the rule of law, as a value of the Union, and, according to paragraph 18 of the opinion, it does not set a basis to further develop or amend that procedure,

Amendment 380 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 9 – indent 5

- ~~Review~~Maintaining the unanimity requirement in areas relating to respect for and protection and promotion of fundamental rights, such as equality and non-discrimination;

Amendment 381 #

Motion for a resolution
Paragraph 9 – indent 5 a (new)

- Making it possible for a text, after it has been definitively adopted and before it is implemented, to be referred to the CJEU by one fifth of the Members of the European Parliament;

Amendment 382 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Paragraph 9 – indent 5 a (new)

- Enabling the European Parliament to propose the launch of infringement procedures under article 258 TFEU;

Amendment 383 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Paragraph 9 – indent 5 a (new)

- Reviewing article7 in order to make sanctions against any Member State relevant and applicable

Amendment 384 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Paragraph 9 – indent 5 b (new)

- Amending Article 7 TEU so that it can be more easily activated and produces tangible outcomes where fundamental rights have been violated, and identifying the rights of Member States at fault (in addition to Council voting rights) that may be suspended;

Amendment 385 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Paragraph 9 a (new)

9a. Considers that existing tools and mechanisms for enforcement of rights should be properly applied and strengthened if possible breaches appear;

Amendment 386 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Alessandra MUSSOLINI, Salvatore Domenico POGLIESE, Csaba SÓGOR

Motion for a resolution
Paragraph 9 b (new)

9b. Considers that the existing tools for rule of law monitoring, reporting and assessment should be further streamlined; Considers that a common platform could be established where all information sources are included and made public;

Amendment 387 #

Motion for a resolution
Paragraph 10

~~10. Confirms that the recommendations respect fundamental rights and the principle of subsidiarity;~~deleted

Amendment 388 #

Motion for a resolution
Paragraph 10

10. ~~Confirm~~Underlines that the recommendations should respect fundamental rights and the principle of subsidiarity, they should apply even- handedly to all Member States and avoid double standards;

Amendment 389 #

Motion for a resolution
Paragraph 10

10. Confirms that the recommendations respect fundamental rights ~~and~~, the principle of subsidiarity and the principle of proportionality;

Amendment 39 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Alessandra MUSSOLINI, Salvatore Domenico POGLIESE, Csaba SÓGOR

Motion for a resolution
Citation 13

– having regard to the Italian presidency note on 'Ensuring respect for the rule of law in the European Union' of 15 November 20143, __________________ 3 http://register.consilium.europa.eu/doc/sr v?l=EN&f=ST%2015206%202014%20IN ITdeleted

Amendment 390 #

Motion for a resolution
Paragraph 10

10. Confirms that the recommendations must respect fundamental rights and the principle of subsidiarity;

Amendment 391 #

Motion for a resolution
Paragraph 10

10. Confirms that the recommendations must respect fundamental rights and the principle of subsidiarity;

Amendment 392 #

Motion for a resolution
Paragraph 10

10. Confirms that the recommendations bre~~spect fundamental rights and~~aches the principles of subsidiarity and proportionality;

Amendment 393 #

Motion for a resolution
Paragraph 10

10. ~~Confirm~~Insists that the recommendations respect fundamental rights and the principle of subsidiarity;

Amendment 394 #

Motion for a resolution
Paragraph 10 a (new)

10a. Emphasises that any action in the field of promoting DRF should be in keeping with the principle of subsidiarity;

Amendment 395 #

Motion for a resolution
Paragraph 11

11. Considers that any financial implications of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as well as for citizens, the adoption and implementation of those proposals would lead to substantial cost and time savings, and will thus be beneficial both in economic and social terms;deleted

Amendment 396 #

Motion for a resolution
Paragraph 11

11. Considers that ~~any financial implic~~the creations of th~~e requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as~~at new mechanism weill ~~as for citizens, the adoption and implementation of those proposals would lead to substantial cost and time savings, and will thus be beneficial both in economic and social terms~~have financial implications for the budget of the Union;

Amendment 397 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Michał BONI, Elisabetta GARDINI, Alessandra MUSSOLINI, Salvatore Domenico POGLIESE, Csaba SÓGOR

Motion for a resolution
Paragraph 11

11. Considers that any financial implications of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as well as for citizens, the adoption and implementation of those proposals would lead to substantial cost and time savings, ~~and will~~would foster mutual confidence in and recognition of Member States' decisions and actions, and would thus be beneficial both in economic and social terms;

Amendment 398 #

Motion for a resolution
Paragraph 11

11. Considers that any financial implications of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as well as for citizens, the adoption and implementation of those proposals wcould lead to substantial cost and time savings, and ~~will~~could thus be beneficial both in economic and social terms;

Amendment 399 #

Costas MAVRIDES, Andrejs MAMIKINS, Demetris PAPADAKIS

Motion for a resolution
Paragraph 11 a (new)

11a. Regards Merkelian austerity as responsible for mass violations of human rights in Greece and in other EU Member States;·

Amendment 4 #

Motion for a resolution
Citation 2

— having regard to the preamble to the Treaty on European Union (TEU), in particular the second, fourth, the sixth and seventh recitals thereof,

Amendment 40 #

Motion for a resolution
Citation 13

Amendment 400 #

Motion for a resolution
Paragraph 11 b (new)

11b. Condemns Union doubletalk in claiming to uphold human rights at the same time as austerity policies and memorandum provisions are being imposed by the Troika, of which the Commission and European Central Bank are a part, leading to infringements of the Charter of Fundamental Rights of the Union in Greece, Cyprus, Portugal and Ireland;·

Amendment 401 #

Motion for a resolution
Paragraph 12

~~12. Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, and to the parliaments and governments of the Member States.~~deleted

Amendment 402 #

Motion for a resolution
Paragraph 12

12. Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, and to the parliaments and governments of the Member States, as well as to the Committee of the Regions for distribution to subnational parliaments and councils.

Amendment 403 #

Motion for a resolution
Paragraph 12

12. Instructs its President to forward this resolution ~~and the accompanying detailed recommendations~~ to the Commission and the Council, and to the parliaments and governments of the Member States.

Amendment 41 #

Motion for a resolution
Citation 14 a (new)

– having regard to the first and second rule of law dialogue during the Luxembourg and Dutch Presidency of the Council of the EU, 17 November 2015 and 24 May 2016,

Amendment 42 #

Motion for a resolution
Citation 15

– having regard to the 'Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies' of 19 December 2014, 5377/154, __________________ 4 http://data.consilium.europa.eu/doc/docu ment/ST-5377-2015-INIT/en/pdfdeleted

Amendment 43 #

Motion for a resolution
Citation 15 a (new)

– having regard to the 'Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union' of 19 October 2010,

Amendment 44 #

Motion for a resolution
Citation 15 b (new)

– having regard to the 'Operational Guidance on taking account of Fundamental rights in Commission Impact Assessments' SEC(2011) 567 final, 06/05/2011,

Amendment 45 #

Motion for a resolution
Citation 16 a (new)

– having regard to European Commission's Annual Colloquium on Fundamental Rights,

Amendment 46 #

Motion for a resolution
Citation 17 a (new)

– having regard to Council Legal Service opinion 10296/14 of 27 May 2014, according to which the new EU Framework for the Rule of Law as set out in the Commission's communication is not compatible with the principle of conferral which governs the competences of the institutions of the Union,

Amendment 47 #

Motion for a resolution
Citation 18 a (new)

– having regard to the statement by Commissioner for justice and fundamental rights, Vera Jourova, of 2 December 2015, on the situation in Hungary that "the Commission found that conditions to start a rule of law framework procedure are not fulfilled";

Amendment 48 #

Motion for a resolution
Citation 19

~~– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,~~deleted

Amendment 49 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Citation 19

~~– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,~~deleted

Amendment 5 #

Motion for a resolution
Citation 2

— having regard to the preamble to the Treaty on European Union (TEU), in particular the second, fourth, fifth and seventh recitals thereof,

Amendment 50 #

Marijana PETIR, Kinga GÁL, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR

Motion for a resolution
Citation 19

~~– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,~~deleted

Amendment 51 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Citation 19

~~– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,~~deleted

Amendment 52 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Citation 19

~~– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,~~deleted

Amendment 53 #

Motion for a resolution
Citation 19

– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010, acknowledging that "Prime-minister Orbán is a formidable campaigner, who has won most of the astonishing election victories and therefore has a huge democratic mandate", recognizing that "the Hungarian government does not have concrete plans to take any steps to introduce the death penalty, and that Prime Minister Orbán has assured President Schulz that the Hungarian government will respect and honour all European treaties and legislation" and recalling that "In general the Commission considers that public consultation can be an important tool for governments and other public authorities to develop policies that can count on support of the population."

Amendment 54 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Citation 20

~~– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,~~deleted

Amendment 55 #

Motion for a resolution
Citation 20

~~– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,~~deleted

Amendment 56 #

Marijana PETIR, Kinga GÁL, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR

Motion for a resolution
Citation 20

~~– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,~~deleted

Amendment 57 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Citation 20

~~– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,~~deleted

Amendment 58 #

Motion for a resolution
Citation 20

~~– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,~~deleted

Amendment 59 #

Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY

Motion for a resolution
Citation 20

– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114, stating "that Poland is now more sovereign, more master of its own destiny than in the thousand years before"

Amendment 6 #

Motion for a resolution
Citation 3

— having regard in particular to Article 2, Article 3(1), the second subparagraph of Article 3(3) and Articles 6 , 7 and 711 TEU, and to the articles of the TFEU relating to respect for, and promotion and protection of democracy, rule of law and fundamental rights (DRF) in the Union, including Articles 70, 258, 259, 260, 263 and 265 TFEU,

Amendment 60 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Citation 21

~~– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,~~deleted

Amendment 61 #

Motion for a resolution
Citation 21

~~– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,~~deleted

Amendment 62 #

Marijana PETIR, Kinga GÁL, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR

Motion for a resolution
Citation 21

~~– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,~~deleted

Amendment 63 #

Motion for a resolution
Citation 21

~~– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,~~deleted

Amendment 64 #

Motion for a resolution
Citation 21

– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016, and the Rule of Law Opinion adopted on 1 June 2016,

Amendment 65 #

Motion for a resolution
Citation 21 a (new)

– having regard to the 2016 EU Justice Scoreboard and the European Commission Annual Report 2015 on compliance with EU law.

Amendment 66 #

Motion for a resolution
Citation 21 b (new)

– having regard to the 2015 Competitiveness report of the World Economic Forum.

Amendment 67 #

Marijana PETIR, Kinga GÁL, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR

Motion for a resolution
Citation 22

Amendment 68 #

Motion for a resolution
Citation 22

Amendment 69 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Michał BONI, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Citation 22

Amendment 7 #

Motion for a resolution
Citation 3

— having regard in particular to Article 2, Article 3(1), the second subparagraph of Article 3(3) and Articles 4, 5, 6 and 7 TEU, and to the articles of the TFEU relating to respect for, and promotion and protection of democracy, rule of law and fundamental rights (DRF) in the Union, including Articles 70, 258, 259, 260, 263 and 265 TFEU,

Amendment 70 #

Motion for a resolution
Citation 22

– having regard to its resolutions of 7 July 2013 on the situation of fundamental rights: standards and practices in Hungary, in particular paragraph 795 , 27 February 2014 on the situation of fundamental rights in the European Union (2012)6 , 8 September 2015 on the situation of fundamental rights in the European Union (2013-2014)7 , ~~and~~ 10 June 2015 on the situation in Hungary, in particular paragraph 128 , ~~__________________ 5 6 7 8~~16 December 2015 on the situation in Hungary: follow-up to the European Parliament Resolution of 10 June 2015, and on 13 April 2016 on the situation in Poland, __________________ 5 Texts adopted, P8_TA(2013)0315. Texts adopted, P8_TA(2013)0315. 6 Texts adopted, P8_TA(2014)0173. Texts adopted, P8_TA(2014)0173. 7 Texts adopted, P8_TA(2015)0286. Texts adopted, P8_TA(2015)0286. 8 Texts adopted, P8_TA(2015)0227. Texts adopted, P8_TA(2015)0227.

Amendment 71 #

Motion for a resolution
Citation 22 a (new)

– having regard to its resolution of 4 September 2007 on institutional and legal implications of the use of "soft law" instruments (2007/2028(INI)), notably paragraph 15;

Amendment 72 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Citation 22 a (new)

– having regard to the European Parliament resolution of 10 March 2015 on progress on equality between women and men in the European Union in 2013,

Amendment 73 #

Motion for a resolution
Citation 23

– having regard to the assessment of the European added value of Union measures concerning Democracy, the Rule of Law and Fundamental Rights, carried out by the European Added Value Unit of the European Parliament,deleted

Amendment 74 #

Therese COMODINI CACHIA, Danuta Maria HÜBNER, Jean-Marie CAVADA, Michał BONI

Motion for a resolution
Citation 25 a (new)

– having regard to Article 11 TEU on the inclusion of civil society and citizens in decision-making in the EU

Amendment 75 #

Therese COMODINI CACHIA, Danuta Maria HÜBNER, Jean-Marie CAVADA, Michał BONI

Motion for a resolution
Citation 25 b (new)

– having regard to the Council of Europe's 'Code of Good Practice for Civil Participation in the Decision-Making Process'

Amendment 76 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Recital A

A. whereas the European Union is a community of values, based on democracy, the rule of law and fundamental rights, enshrined in its core principles and objectives in the first articles of the Treaty on European Union (TEU), and in the criteria for Union membership; whereas the full respect and promotion of those principles is the essential prerequisite for the legitimacy of the European project as a whole and the basic condition for building citizens' trust in the EU;

Amendment 77 #

Pál CSÁKY

Motion for a resolution
Recital A

A. whereas the European Union is ~~a community of values, based on~~founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and ~~fundamental right~~respect for human rights, including the rights of persons belonging to minorities, enshrined in its core principles and objectives in the first articles of the Treaty on European Union (TEU), and in the criteria for Union membership;

Amendment 78 #

Motion for a resolution
Recital A

A. whereas the European Union is a community of values, based on democracy, the rule of law, equality between women and men and fundamental rights, enshrined in its core principles and objectives in the first articles of the Treaty on European Union (TEU), and in the criteria for Union membership;

Amendment 79 #

Lorenzo FONTANA

Motion for a resolution
Recital A

A. whereas the European Union is a community of values, based on democracy, protecting jobs, the rule of law and fundamental rights, enshrined in its core principles and objectives in the first articles of the Treaty on European Union (TEU), and in the criteria for Union membership;

Amendment 8 #

Motion for a resolution
Citation 3

— having regard in particular to Article 2, Article 3(1), the second subparagraph of Article 3(3) and Articles 6, 7 and 711 TEU, and to the articles of the TFEU relating to respect for, and promotion and protection of democracy, rule of law and fundamental rights (DRF) in the Union, including Articles 70, 258, 259, 260, 263 and 265 TFEU,

Amendment 80 #

Costas MAVRIDES, Andrejs MAMIKINS, Demetris PAPADAKIS

Motion for a resolution
Recital Α

Α. whereas the European Union ishould be a community of values, based on democracy, the rule of law and fundamental rights, enshrined in its core principles and objectives in the first articles of the Treaty on European Union (TEU), and in the criteria for Union membership;·

Amendment 81 #

Marijana PETIR, Kinga GÁL, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR, Tunne KELAM

Motion for a resolution
Recital A

A. whereas the European Union is ~~a community of values, based on democrac~~founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and ~~fundamental~~respect for human rights, enshrined in ~~its core principles and objectives in~~ the first articles of the Treaty on European Union (TEU), and in the criteria for Union membership;

Amendment 82 #

Motion for a resolution
Recital A

Amendment 83 #

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Recital A a (new)

Aa. whereas, according to Opinion 2/13 and the relevant case-law of the Court of Justice, fundamental rights recognised by the EU Charter of fundamental rights are at the heart of the legal structure of the Union and respect for those rights is a condition of the lawfulness of EU acts, so that measures incompatible with those rights are not acceptable in the EU;

Amendment 84 #

Costas MAVRIDES, Andrejs MAMIKINS, Demetris PAPADAKIS

Motion for a resolution
Recital B

B. whereas, in accordance with Article ~~2, Article 3(1) and Article~~ 7 TEU, the Union avails itself of the possibility to act ~~in order to protect its "constitutional core", reflected by the common values it shares with its Member States~~;

Amendment 85 #

Motion for a resolution
Recital B

B. whereas, in accordance with Article 2, Article 3(1) and Article 7 TEU, the Union avails itself of the possibility to act in order to protect ~~its "constitutional core", reflected by the common values it shares with its Member States~~the values on which it is founded;

Amendment 86 #

Marijana PETIR, Kinga GÁL, Anna ZÁBORSKÁ, Michaela ŠOJDROVÁ, Andrea BOCSKOR, Tunne KELAM

Motion for a resolution
Recital B

Amendment 87 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital B

B. whereas, in accordance with Article ~~2, Article 3(1) and Article~~ 7 TEU, the Union avails itself of the possibility to act in order to protect its "constitutional core", reflected by the common values it shares with its Member States, though it must do so on the basis of unanimity;

Amendment 88 #

Motion for a resolution
Recital B a (new)

Ba. whereas the Charter has been legally binding ever since the adoption of the Treaty of Lisbon, and whereas the Union's institutions, bodies, offices and agencies have to abide by it, as do the Member States when implementing Union law; whereas the Charter should have a real legislative scope;

Amendment 89 #

Péter NIEDERMÜLLER, Sylvia-Yvonne KAUFMANN, Birgit SIPPEL

Motion for a resolution
Recital B a (new)

Ba. whereas, the rule of law is the backbone of European liberal democracy, and is one of the founding principles of the European Union stemming from the common constitutional traditions of all Member States

Amendment 9 #

Costas MAVRIDES, Andrejs MAMIKINS, Demetris PAPADAKIS

Motion for a resolution
Citation 3

— having regard in particular to Article 2, Article 3(1), the second subparagraph of Article 3(3) and Articles 5, 6 and 7 TEU, and to the articles of the TFEU relating to respect for, and promotion and protection of democracy, rule of law and fundamental rights (DRF) in the Union, including Articles 70, 258, 259, 260, 263 and 265 TFEU,

Amendment 90 #

Motion for a resolution
Recital B a (new)

Ba. whereas Article 67 TEU states that the Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States;

Amendment 91 #

Motion for a resolution
Recital B a (new)

Amendment 92 #

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Recital B b (new)

Bb. whereas Art 4.2 TEU states that the Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State.;

Amendment 93 #

Motion for a resolution
Recital C

C. whereas all Member States, the institutions of the Union and candidate countries are obliged to ~~uphold~~respect, protect and promote those principles and values, and they have the duty of loyal cooperation and an obligation of transparency of the decision-making process;

Amendment 94 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Recital C

C. whereas all Member States, the institutions, bodies, offices and agencies of the Union, and candidate countries are obliged to uphold those principles and values, and they have the duty of loyal cooperation; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 95 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI, Csaba SÓGOR

Motion for a resolution
Recital C

C. whereas all Member States, the institutions of the Union and candidate countries share ~~obliged to uphold those principles and values, and they have the duty of loyal cooperation~~principles and values which result from the constitutional traditions coming from the Member States;

Amendment 96 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Recital C a (new)

Ca. whereas, according to, amongst others, Protocol n. 24 to the Treaties, recital 10 of Decision 2002/584/JHA and the case-law of the ECtHR ("M.S.S. v. Belgium and Greece") and ECJ ("N.S. and M.E.", "Aranyosi and Căldăraru"), Member States, including the national courts, have an obligation to refrain from implementing EU law vis-à-vis other Member States in the event that there is a clear risk of serious breach or a serious and persistent breach of the rule of law and fundamental rights in the latter States;

Amendment 97 #

Motion for a resolution
Recital C a (new)

Ca. whereas inter institutional agreements are binding only on those institutions which have signed them, and cannot contradict or amend the provisions of the founding Treaties of the EU;

Amendment 98 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Elisabetta GARDINI, Salvatore Domenico POGLIESE, Alessandra MUSSOLINI

Motion for a resolution
Recital D

Amendment 99 #

Motion for a resolution
Recital D

D. whereas respect for the rule of law within the Union is a precondition for mutual recognition and trust, and a key factors for policy areas such as the internal market, police and justice cooperation, the Schengen area, and asylum and migration policies, and as a consequence, the erosion of the rule of law, democratic governance and fundamental rights are a serious threat to the stability, security and prosperity of the Unionthe monetary union and the common area of freedom, security and justice;

source: 583.901

2016/06/24 LIBE 251 amendments...

Amendment 404 #

Kinga GÁL, Andrea BOCSKOR, Marijana PETIR

Motion for a resolution
Annex

~~Annex as a whole~~deleted

Amendment 405 #

Kostas CHRYSOGONOS, Helmut SCHOLZ, Barbara SPINELLI

Motion for a resolution
Annex – Citation 1

– having regard to the preamble to the Treaty on European Union (TEU), in particular the second, fourth, fifth and seventh recitals thereof,

Amendment 406 #

Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY

Motion for a resolution
Annex – Citation 2

– Having regard in particular to Article 2, Article 3(1), the second subparagraph of Article 3(3) and Articles 6, 7 and ~~7 TEU, and to the articles of the TFEU~~11 of the Treaty on European Union, and to the articles of the Treaty on the Functioning of the European Union relating to respect for, and promotion and protection of democracy, rule of law and fundamental rights (DRF) in the Union, including Articles 70, 258, 259, 260, 263 and 265 ~~TFEU~~,

Amendment 407 #

Motion for a resolution
Annex – Citation 2

– having regard in particular to Article 2, Article 3(1), the second subparagraph of Article 3(3) and Articles 6, 7 and 711 TEU, and to the articles of the TFEU relating to respect for, and promotion and protection of democracy, rule of law and fundamental rights (DRF) in the Union, including Articles 70, 258, 259, 260, 263 and 265 TFEU,

Amendment 408 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Emil RADEV, Csaba SÓGOR, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Citation 3

– having regard to Article 4(3) and Article 5 TEU, Article 295 TFEU and Protocol No 1 on the role of national parliaments in the European Union and Protocol No 2 on the application of the principles of subsidiarity and proportionality,

Amendment 409 #

Motion for a resolution
Annex – Citation 4 a (new)

– having regard to the European Social Charter, in particular Article E on non-discrimination;

Amendment 410 #

Motion for a resolution
Annex – Citation 5

– having regard to the Copenhagen criteria and other Union law with which a candidate country must comply if it wishes to join the Union (the acquis), in particular Chapters 23 and 24,

Amendment 411 #

Motion for a resolution
Annex – Citation 5

– having regard to the Copenhagen criteria, in particular Chapters 23 and 24 and the existing double standards concerning accession countries and Member States,

Amendment 412 #

Motion for a resolution
Annex – Citation 7 a (new)

– having regard to the 'Memorandum of Understanding between the Council of Europe and the European Union', 23 May 2007,

Amendment 413 #

Motion for a resolution
Annex – Citation 7 a (new)

– having regard to the Framework Convention for the Protection of National Minorities of the Council of Europe,

Amendment 414 #

Motion for a resolution
Annex – Citation 7 b (new)

– having regard to the European Charter for Regional or Minority Languages of the Council of Europe,

Amendment 415 #

Motion for a resolution
Annex – Citation 10

– having regard to the publications of the European Union Agency for Fundamental Rights (FRA), including the proposed European Fundamental Rights Information System (EFRIS) in the FRA paper 'Fundamental rights in the future of the European Union's Justice and Home Affairs', 31 December 20131, ____________________ 1http://fra.europa.eu/sites/default/files/fra _submission_on_the_future_of_eu_justic e.pdf

Amendment 416 #

Motion for a resolution
Annex – Citation 10 a (new)

– having regard to the UN Approach to Rule of Law Assistance of April 2008,

Amendment 417 #

– having regard to the UN Sustainable Development Goals, in particular No Goal

Amendment 418 #

Motion for a resolution
Annex – Citation 10 c (new)

– having regard to the COSAC Twenty-fifth Bi-annual Report: Developments in European Union Procedures and Practices Relevant to Parliamentary Scrutiny of 18th May 2016,

Amendment 419 #

Motion for a resolution
Annex – Citation 11 a (new)

Amendment 420 #

Motion for a resolution
Annex – Citation 14 a (new)

– having regard to the first and second rule of law dialogue during the Luxembourg and Dutch Presidency of the Council of the EU, 17 November 2015 and 24 May 2016,

Amendment 421 #

Motion for a resolution
Annex – Citation 15 a (new)

– having regard to the 'Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union' of 19 October 2010,

Amendment 422 #

Motion for a resolution
Annex – Citation 15 b (new)

– having regard to the Commission’s Staff Working Paper 6 May 2011, Operational Guidance on taking account of Fundamental rights in Commission Impact Assessments',

Amendment 423 #

Motion for a resolution
Annex – Citation 16 a (new)

– having regard to the Commission's Annual Colloquium on Fundamental Rights,

Amendment 424 #

Motion for a resolution
Annex – Citation 18

~~– having regard to the statement by First Vice President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,~~deleted

Amendment 425 #

Motion for a resolution
Annex – Citation 18

~~– having regard to the statement by First Vice President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,~~deleted

Amendment 426 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Citation 18

~~– having regard to the statement by First Vice-President Timmermans on the situation in Hungary of 19 May 2015, SPEECH/15/5010,~~deleted

Amendment 427 #

Motion for a resolution
Annex – Citation 19

~~– having regard to the statement by First Vice President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,~~deleted

Amendment 428 #

Motion for a resolution
Annex – Citation 19

~~– having regard to the statement by First Vice President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,~~deleted

Amendment 429 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Citation 19

~~– having regard to the statement by First Vice-President Timmermans and Commissioner Oettinger on the situation in Poland of 19 January 2016, SPEECH/16/114,~~deleted

Amendment 430 #

Motion for a resolution
Annex – Citation 20

~~– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,~~deleted

Amendment 431 #

Motion for a resolution
Annex – Citation 20

~~– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,~~deleted

Amendment 432 #

Motion for a resolution
Annex – Citation 20

– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016, and the Rule of Law Opinion adopted on 1 June 2016,

Amendment 433 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Csaba SÓGOR, Elisabetta GARDINI

Motion for a resolution
Annex – Citation 20

~~– having regard to the Commission's launch of a dialogue with the Polish government under the Rule of Law Framework, announced 13 January 2016,~~deleted

Amendment 434 #

Motion for a resolution
Annex – Citation 21

~~– having regard to the Parliament resolution of 7 July 2013 on the situation of fundamental rights: standards and practices in Hungary, (2012/2130(INI)), in particular paragraph 79,~~deleted

Amendment 435 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Csaba SÓGOR, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Citation 21

~~– having regard to the Parliament resolution of 7 July 2013 on the situation of fundamental rights: standards and practices in Hungary, (2012/2130(INI)), in particular paragraph 79,~~deleted

Amendment 436 #

Motion for a resolution
Annex – Citation 24

~~– having regard to its resolution of 10 June 2015 on the situation in Hungary (2015/2700(RSP)), in particular paragraph 12,~~deleted

Amendment 437 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Csaba SÓGOR, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Citation 24

~~– having regard to its resolution of 10 June 2015 on the situation in Hungary (2015/2700(RSP)), in particular paragraph 12,~~deleted

Amendment 438 #

Motion for a resolution
Annex – Citation 24 a (new)

– having regard to the Parliament resolution of 16 December 2015 on the situation in Hungary: follow-up to the European Parliament Resolution of 10 June 2015,

Amendment 439 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Citation 24 b (new)

– having regard to the Parliament resolution of 13 April 2016 on the situation in Poland,

Amendment 440 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Recital 1

(1) Whereas there is a need for a democracy, rule of law and fundamental rights (DRF) mechanism that is objective, evidence-based and applied equally and fairly to all Member States, while respecting the principle of subsidiarity, necessity and proportionality and that includes both the preventative and the corrective dimension;

Amendment 441 #

Motion for a resolution
Annex – Recital 1

(1) Whereas there is a need for a democracy, rule of law and fundamental rights (DRF) mechanism that is objective, evidence-based and applied equally and fairly to all Member States as well as to the institutions of the Union and that includes both the preventative and the corrective dimension;

Amendment 442 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Annex – Recital 1

(1) Whereas there is a need for a democracy, rule of law and fundamental rights (DRF) mechanism that is objective, impartial, evidence-based and applied equally and fairly to all Member States and that includes both the preventative and the corrective dimension;

Amendment 443 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Recital 2

(2) Whereas the primary objective of such a mechanism should be to prevent violations and non-respect of DRF, while at the same time providing the tools needed to render both the preventative and corrective arms of Article 7 TEU, as well as the other instruments provided for in the Treaties, operational in practice;

Amendment 444 #

Motion for a resolution
Annex – Recital 4

(4) Whereas elaborating definitions, standards and benchmarks regarding DRF is not a one-off decision but, rather, ~~a permanent and interactive process based on broad public debate and consultation, regular review and the sharing of best practic~~should be monitored by the Commission and the Member States;

Amendment 445 #

Motion for a resolution
Annex – Recital 5

(5) Whereas ~~only~~ a mechanism that has broad support of Union citizens ~~and allows them to take ownership of the process can~~may be effective;

Amendment 446 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Annex – Recital 6

(6) Whereas Member States are primarily responsible for upholding common standards and the principle of subsidiarity should be respected within and by the Union, but, when they fail to do so, the Union has a duty to intervene to protect its constitutional core and ensure that the values laid down in Article 2 TEU are guaranteed for all Union citizens throughout the territory of the Union;

Amendment 447 #

Motion for a resolution
Annex – Recital 6

(6) Whereas Member States are primarily responsible for upholding common standards but, when they fail to do so, the Union has a duty to intervene to protect its constitutional core and ensure that the values laid down in Article 2 ~~TEU~~of the Treaty on European Union and in the Charter of Fundamental Rights are guaranteed for all Union citizens and residents throughout the territory of the Union;

Amendment 448 #

Motion for a resolution
Annex – Recital 6 a (new)

(6a) Whereas it is important that all levels of government work closely together on the basis of their competences and responsibilities in order to identify possible systemic threats to the rule of law at an early stage, and to improve the protection of the rule of law;

Amendment 449 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Recital 6 a (new)

(6a) Whereas existing double standards should be eliminated within the Union, compliance with the Copenhagen criteria that constitutes a basis of a common minimum standard for minority protection should be implemented by all Member States, and as such their fulfilment should also be monitored;

Amendment 450 #

Motion for a resolution
Annex – Recital 7

~~(7) Whereas there are several instruments for addressing the risk of a serious breach of Union values but they lack clear and objective benchmarks;~~deleted

Amendment 451 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Annex – Recital 7

(7) Whereas there are several instruments for addressing the risk of a serious breach of Union values but they lack clear and objective benchmarks and are insufficiently strong and dissuasive to prevent infringements of the rule of law and fundamental rights;

Amendment 452 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI

Motion for a resolution
Annex – Recital 7

(7) Whereas there are several instruments for addressing the risk of a serious breach of Union values ~~but they lack clear and objective benchmarks~~;

Amendment 453 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Annex – Recital 7

(7) Whereas there are several instruments for addressing the risk of a serious breach of Union values ~~but they lack clear and objective benchmarks~~;

Amendment 454 #

Motion for a resolution
Annex – Recital 7 a (new)

(7a) Whereas financial penalties, including the freezing of European funds, should be imposed on Member States that refuse to comply with the principles and values of the EU;

Amendment 455 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 1

The core values and foundational principles of the Union, namely democracy, the rule of law and fundamental rights (DRF), shall be ~~uphel~~respected, protected and promoted throughout the Union in a Union Pact on DRF, which shall consist of the definition, elaboration, monitoring and enforcement of those values and principles, and apply to both the Member States and the institutions of the Union;

Amendment 456 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Annex – Article 1

The core values and foundational principles of the Union, namely democracy, the rule of law and fundamental rights (DRF), shall be upheld throughout the Union in a Union Pact on DRF, which shall consist of the definition, elaboration, monitoring and enforcement of those values and principles, ~~and apply to both~~ which are overseen by the Commission in conjunction withe Member States ~~and the institutions of the Union~~;

Amendment 457 #

Motion for a resolution
Annex – Article 1

The core values and foundational principles of the Union, namely democracy, the rule of law and fundamental rights (DRF), shall be upheld throughout the Union in a Union Pact on DRF, which shall consist of the definition, elaboration, monitoring and enforcement of those values and principles, and apply to both the Member States and the institutions ~~of the Union;~~, organs and organisms of the Union; (This amendment applies throughout the legislative text under review. Adopting it will necessitate corresponding changes throughout.)

Amendment 458 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 2

The core elements of the Union Pact on DRF shall consist of the DRF Scoreboard, the DRF Semester, including an annual inter-parliamentary debate on the basis of that Scoreboard, and arrangements for remedying possible risks and breaches and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union and consultative arrangements for remedying possible risks and breaches;

Amendment 459 #

Motion for a resolution
Annex – Article 2

The ~~core elements of the~~ Union Pact on DRF shall consist of ~~the DRF Scoreboard, the DRF Semester, including a~~a European Report with country-specific recommendations and incorporating, where possible, the reporting of the FRA, the Council of Europe, and other relevant authorities in the field. An annual inter- parliamentary debate, on the basis of that ~~Scoreboard,~~European Report; and arrangements for remedying possible risks and breaches and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union;

Amendment 460 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Article 2

The ~~core elements of the~~ Union Pact on DRF shall consist of ~~the DRF Scoreboard, the DRF Semester, including an~~ a European Report with country-specific recommendations (the Report) and incorporating, where possible, the reporting of the FRA, the Council of Europe, and other relevant authorities in the field, a bi-annual inter-parliamentary debate on the basis of that ~~Scoreboard~~Report, and arrangements for remedying possible risks and breaches, as provided for by the Treaties and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union;

Amendment 461 #

Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY

Motion for a resolution
Annex – Article 2

The core elements of the Union Pact on DRF shall consist of the DRF ~~Scoreboard~~monitoring reports, the DRF Semester, including an annual inter-parliamentary debate on the basis of that ~~Scoreboard,~~monitoring reports and arrangements for remedying possible risks and breaches and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union;

Amendment 462 #

Motion for a resolution
Annex – Article 2

The core elements of the Union Pact on DRF ~~shall~~ consist of the DRF Scoreboard, the DRF Semester, including an annual inter- parliamentary debate on the basis of that Scoreboard and a hearing of civil society representatives, and arrangements for remedying possible risks and breaches and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union.

Amendment 463 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Article 3

The ~~DRF Semester shall be expanded to~~Union Pact on DRF shall incorporate the Commission's Rule of Law Framework and the Council's Rule of Law Dialogue into a single Union instrument;

Amendment 464 #

Motion for a resolution
Annex – Article 3

The DRF Semester shall ~~be expanded to~~ incorporate the Commission's Rule of Law Framework and the Council's Rule of Law Dialogue ~~into a single Union instrument~~;

Amendment 465 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Section I

DRF ~~Scoreboard~~European Report

Amendment 466 #

Motion for a resolution
Annex – Section 1

DRF ~~scoreboard~~monitoring reports

Amendment 467 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 4

An annual scoreboard on the state of DRF in the Member States shall be ~~elabor~~created by the Commission in consultation with an independent panel of experts ~~and adopted by the Commission~~;

Amendment 468 #

Motion for a resolution
Annex – Article 4

An annual scoreboard on the state of DRF in the Member States as well as on their degree of implementation at Union level by the institutions of the Union shall be elaborated by an independent panel of experts and automatically adopted by the Commission;

Amendment 469 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 4

An annual ~~scoreboard~~European Report on the state of DRF in the Member States shall be elaborated ~~by an independent panel of experts and adopted by the Commission;~~ and adopted with a two-thirds majority by an independent panel of experts and presented to the Commission for transmission to the European Parliament, the Council and national parliaments. The Commission may include its own assessment and recommendations in that transmission;

Amendment 470 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Article 4

An bi-annual ~~scoreboard~~Report on the state of DRF in the Member States shall be elaborated by an independent panel of experts and ~~adopted by the Commission~~shall be forwarded to the Commission, which shall transmit it to the European Parliament, the Council, and the national parliaments while at the same time assessing the recommendations of the panel. Those reports shall be made available to the public;

Amendment 471 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Annex – Article 4

An annual ~~scoreboard~~monitoring report on the state of DRF in the Member States shall be elaborated by an independent panel of experts and adopted by the Commission;

Amendment 472 #

Motion for a resolution
Annex – Article 4

An annual scoreboard on the state of DRF in the Member States shall be elaborated by an independent ~~panel of experts~~committee and adopted by the Commission.

Amendment 473 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 5

The DRF Scoreboard shall incorporate, replace and complete existing instruments, in particular the Justice Scoreboard, the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania, the Media Pluralism Monitor, the anti-corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU);deleted

Amendment 474 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 5

The DRF Scoreboard shall incorporate, replace and complemente existing instruments, in particular the Justice Scoreboard, the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania, the Media Pluralism Monitor, the anti- corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU);

Amendment 475 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Article 5

The ~~DRF Scoreboard~~Report shall incorporate~~, replace and complete~~ existing instruments, in particular the Justice Scoreboard, ~~the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania,~~ the Media Pluralism Monitor, the anti- corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU) and replace the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania;

Amendment 476 #

Motion for a resolution
Annex – Article 5

The DRF Scoreboard shall incorporate, replace and complete existing instruments, ~~in particular~~among which the Justice Scoreboard, the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania, the Media Pluralism Monitor, the anti- corruption report and peer evaluation procedures based on Article 70 of the Treaty on the Functioning of the European Union (TFEU);

Amendment 477 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 6 – introductory part

The DRF ~~Scoreboard~~European Report shall be drawn up using a variety of sources, including:

Amendment 478 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Annex – Article 6 – introductory part

The DRF ~~Scoreboard~~monitoring reports shall be drawn up using a variety of sources, including:

Amendment 479 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Emil RADEV, Csaba SÓGOR, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Article 6 – introductory part

The ~~DRF Scoreboard~~Report shall be drawn up using a variety of sources, and the existing tools for assessment, reporting and monitoring of Member States’ activities including:

Amendment 480 #

Motion for a resolution
Annex – Article 6 – indent 1

– contributions from the Member State authorities regarding respect for democracy, the rule of law and fundamental rights;

Amendment 481 #

Motion for a resolution
Annex – Article 6 – indent 4

– experts, academics, non- governmental organisations (NGOs), civil society organisations, professional and sectoral associations of, for example, judges, lawyers, and journalists;

Amendment 482 #

Motion for a resolution
Annex – Article 6 – indent 5

~~– existing indexes and benchmarks developed by international organisations and NGOs;~~deleted

Amendment 483 #

Motion for a resolution
Annex – Article 6 – indent 6

– the Council of Europe, notably the Venice Commission, the Group of States against Corruption (GRECO) and the Congress of Local and Regional Authorities of the Council of Europe, and the European Commission for the Efficiency of Justice (CEPEJ);

Amendment 484 #

Motion for a resolution
Annex – Article 6 – indent 7

~~– non-EU international organisations such as the UN and the OECD;~~deleted

Amendment 485 #

Motion for a resolution
Annex – Article 6 – indent 7

– ~~non-EU~~ international organisations such as the UN, OSCE and the OECD;

Amendment 486 #

Motion for a resolution
Annex – Article 6 – indent 8

– case law of the Court of Justice of the European Union (CJEU) ~~and~~, the European Court of Human Rights (ECtHR) and other international courts, tribunals and treaty bodies.

Amendment 487 #

Gérard DEPREZ, Louis MICHEL

Motion for a resolution
Annex – Article 6 – indent 8 a (new)

– an evaluation of the compliance of the country with the Copenhagen criteria.

Amendment 488 #

Motion for a resolution
Annex – Article 6 – indent 8 a (new)

– all resolutions or other relevant contributions by the European Parliament, including its annual report on the human rights situation in the European Union.

Amendment 489 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 6 – indent 8 a (new)

– contributions from the Union institutions;

Amendment 490 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Csaba SÓGOR, Mariya GABRIEL, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Article 6 – paragraph 1 a (new)

All the contributions from the above- mentioned sources shall be made available to the public on the websites of the panel or the Commission.

Amendment 491 #

Motion for a resolution
Annex – Article 7

The DRF ~~Scoreboard~~monitoring reports shall contain a general part and country-specific reports, including recommendations.

Amendment 492 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Article 7

The DRF Scoreboard shall contain a general part and ~~country-~~specific reports, including recommendations.

Amendment 493 #

Motion for a resolution
Annex – Article 7

~~The DRF Scoreboard shall contain a general part and country-specific reports, including recommendations.~~deleted

Amendment 494 #

Motion for a resolution
Annex – Article 8 – introductory part

The Scoreboard shall be based on a set of indicators in ~~three~~ categories~~, presented in a harmonised format and accompanied by country-specific report~~ set by the Commission in consultation with agencies and stakeholders.

Amendment 495 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 8 – introductory part

The ~~Scoreboard~~monitoring reports shall be based on a set of indicators in three categories, presented in a harmonised format and accompanied by country-specific reports.

Amendment 496 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 8 – introductory part

The ~~Scoreboard shall be based on a set of indicators in three categories,~~Report shall be presented in a harmonised format and accompanied by country-specific re~~ports.~~ commendations and shall be elaborated with a specific focus on:

Amendment 497 #

Motion for a resolution
Annex – Article 8 – introductory part

The ~~Scoreboard shall be based on a set of indicators in three categories,~~European Report shall be presented in a harmonised format and accompanied by country-specific reports. and shall be elaborated with specific focus on:

Amendment 498 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 8 – introductory part

The Scoreboard shall be based on a set of indicators in three categories, presented in a harmonised format and accompanied by country-specific and Union institution- specific reports.

Amendment 499 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 8 – point 1

~~Indicators of democracy:~~deleted

Amendment 500 #

Motion for a resolution
Annex – Article 8 – point 8.1

~~8.1.~~– Indicators for Democracy~~: – – – decisions after elections – checks and balances which ensure that the impartial state is not called into question – institutions, based~~ shall include the impartial nature of the state, the reversibility of political decisions after elections, freedom and pluralism of the media, integrity and absence of corruption, transparency and accountability. Separation of powers The impartial nature onf the ~~immutability of the constitution – media – corruption – – Fundamental Rights of the European Union ('~~state The reversibility of political The existence of institutional The permanence of the state and Freedom and pluralism of the Integrity and absence of Transparency and accountability Title V of the Charter') of

Amendment 501 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 8 –point 8.1

~~8.1. Indicators for Democracy:~~ – Separation of powers – The impartial nature of the state – The reversibility of political decisions after elections – The existence of institutional checks and balances which ensure that the impartial state is not called into question – The permanence of the state and institutions, based on the immutability of the constitution – Freedom and pluralism of the media – Integrity and absence of corruption – Transparency and accountability – Title V of the Charter of Fundamental Rights of the European Union ('the Charter')

Amendment 502 #

Motion for a resolution
Annex – Article 8 – point 8.1

8.12. Indicators for Democracy – Free elections at reasonable intervals by secret ballot – Separation of powers – The impartial nature of the state – decisions after elections – checks and balances which ensure that the impartial state is not called into question – institutions, based on the immutability of the constitution – Freedom and pluralism of the media – corruption –, including conflict of interest, corruption, transparency and accountability The reversibility of political The existence of institutional The permanence of the state and – Freedom and pluralism of the media Integrity and absence of Transparency and accountability – Title V of the Charter of Fundamental Rights of the European Union ('the Charter')

Amendment 503 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 8 – point 8.1 – indent 6 a (new)

– Freedom of expression and association for civil society organisations

Amendment 504 #

Motion for a resolution
Annex – Article 8 – point 8.1 – indent 6 a (new)

– Freedom of expression and freedom of assembly

Amendment 505 #

Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY

Motion for a resolution
Annex – Article 8 – point 8.1 – indent 6 a (new)

– Civil dialogue and participatory democracy

Amendment 506 #

Motion for a resolution
Annex – Article 8 – point 8.1 – indent 8 a (new)

– Promotion of civic space and effective mechanisms for civil dialogue

Amendment 507 #

Motion for a resolution
Annex – Article 8 – point 8.1 – indent 9 a (new)

– Right to active and passive democratic participation of citizens and freedom to create political parties

Amendment 508 #

Motion for a resolution
Annex – Article 8 – point 8.1 – indent 9 a (new)

– The status and acceptance of minorities within and by the state, as required by the Copenhagen criteria

Amendment 509 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 8 – point 8.2

~~8.2~~ Indicators for the Rrule of Llaw: – – – powers – discrimination – and impartiality, fair trial, constitutional justice (where applicable) – law: corruption, conflict of interest, collection of personal data and surveillance – Title V of the Charter shall include legality and legal certainty, prevention of abuse or misuse of powers, equality and non-discrimination, access to justice, corruption, surveillance and conflict of interests Legality Legal certainty Prevention of abuse or misuse of Equality before the law and non- Access to justice: independence Particular challenges to the rule of

Amendment 510 #

Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part

~~8.2 Indicators for the Rule of Law:~~deleted

Amendment 511 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part

~~8.2 Indicators for the Rule of Law:~~deleted

Amendment 512 #

Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part

8.21. Indicators for the Rule of Law:

Amendment 513 #

Motion for a resolution
Annex – Article 8 – point 2 – indent 4

– Equality before the law and non- discrimination, including with regard to national minorities

Amendment 514 #

Motion for a resolution
Annex – Article 8 – point 8.2 – indent 5

– Access to justice: independence and impartiality, fair trial, constitutional justice (where applicable), an independent legal profession

Amendment 515 #

Motion for a resolution
Annex – Article 8 – point 8.2 – indent 6

~~– Particular challenges to the rule of law: corruption, conflict of interest, collection of personal data and surveillance~~deleted

Amendment 516 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 8 – point 8.2 – indent 7

– Title I -V of the Charter

Amendment 517 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 8 – point 8.2 – indent 7

– Title VI of the Charter

Amendment 518 #

Motion for a resolution
Annex – Article 8 – point 8.3 – introductory part

~~8.3 Fundamental Rights~~deleted

Amendment 519 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 8 – point 8.3 – indent 1

~~– Titles I to IV of the Char~~deleterd

Amendment 520 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 8 – point 8.3 – indent 1 a (new)

– The European Convention on human rights and related Protocols

Amendment 521 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 9 – introductory part

The assessment of the state of DRF in the Member States and of their degree of implementation at Union level by the institutions of the Union, as well as the development of country-specific and Union institution-specific draft recommendations, shall be carried out by a broad and representative panel of independent experts ('DRF expert panel'), on the basis of a quantitative and qualitative review of the data and information available.

Amendment 522 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Annex – Article 9 – introductory part

The assessment of the state of DRF in the Member States, as well as the development of ~~country-specific~~ draft recommendations, shall be carried out by ~~a broad and representative panel of independent experts ('DRF expert panel')~~relevant and appropriate representatives, on the basis of a quantitative and qualitative review of the data and information available.

Amendment 523 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Csaba SÓGOR, Mariya GABRIEL, Elisabetta GARDINI

Motion for a resolution
Annex – Article 9 – introductory part

The assessment of the state of DRF in the Member States, as well as the development of country-specific draft recommendations, shall be carried out by a ~~broad and representative~~ panel of independent experts ('DRF expert panel'), on the basis of a quantitative and qualitative review of the data and information available.

Amendment 524 #

Motion for a resolution
Annex – Article 9 – introductory part

The assessment of the state of DRF in the Member States, as well as the development of country-specific draft recommendations, shall be carried out by a broad and representative ~~panel~~committee of independent experts ('DRF ~~expert panel~~independent committee'), on the basis of a quantitative and qualitative review of the data and information available. ('DRF expert panel' to be replaced by 'DRF independent committee’ throughout the annex to the legislative text under review; adopting it will necessitate corresponding changes throughout.)

Amendment 525 #

Motion for a resolution
Annex – Article 9 – introductory part

Amendment 526 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 9 – point 9.1

– one independent expert designated by each Member State~~; – ten academic experts designated by the federation of All European Academies (ALLEA); – ten experts designated by the European Network of National H~~, preferably a constitutional judge, academic expert or human Rrights Institutions (ENNHRI); – two experts each designated by the Venice Commission and the Council of Europe Human Rights Commissioner; – ten former judges designated by CEPEJ; – two experts each designated by the United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD)expert; – one Member of the European Parliament, preferably the rapporteur of report on fundamental rights in the Union. – a designated Commission official .

Amendment 527 #

Motion for a resolution
Annex – Article 9 – point 9.1

The DRF expert panel shall be composed of the following members: – by each Member State; – the federation of All European Academies (ALLEA); – European Network of National Human Rights Institutions (ENNHRI); – Venice Commission and the Council of Europe Human Rights Commissioner; – CEPEJ; – United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).one member designated by the parliament of each Member State. Members of the expert panel shall be individuals qualified for assuming the office of member of the constitutional Court, where applicable, or member of the respective supreme national courts. one independent expert designated ten academic experts designated by ten experts designated by the two experts each designated by the ten former judges designated by two experts each designated by the

Amendment 528 #

Motion for a resolution
Annex – Article 9 – point 9.1

The DRF expert panel shall be composed of the following members: – one independent expert designated by each Member State; ~~– ten~~– experts designated by the European Network of National Human Rights Institutions (ENNHRI); – ~~two~~ experts each designated by the Venice Commission and the Council of Europe Human Rights Commissioner; – ~~ten~~ former judges designated by CEPEJ; – ~~two~~ experts each designated by the United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).

Amendment 529 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 9 – point 9.1

The DRF expert panel shall be composed of the following members: – one independent expert designated by each Member State; – ten academic experts designated by the federation of All European Academies (ALLEA); – ten experts designated by the European Network of National Human Rights Institutions (ENNHRI); – two experts each designated by the Venice Commission and the Council of Europe Human Rights Commissioner; – CEPEJ; – United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).one member designated by the parliament of each Member State. Members of the expert panel shall be representatives of the constitutional courts, where applicable, or members of the respective supreme national courts with appropriate expertise to participate in such a panel. ten former judges designated by two experts each designated by the

Amendment 530 #

Motion for a resolution
Annex – Article 9 – point 9.1 – indent 1

– one independent expert, acknowledged for his experience and commitment, designated by each Member State;

Amendment 531 #

Motion for a resolution
Annex – Article 9 – point 9.1 – indent 2 a (new)

– ten lawyers designated by the Council of Bars and Law Societies of Europe (CCBE);

Amendment 532 #

Motion for a resolution
Annex – Article 9 – point 9.1 – indent 4

– twohree experts each designated by the Venice Commission, GRECO and the Council of Europe Human Rights Commissioner;

Amendment 533 #

Motion for a resolution
Annex – Article 9 – point 9.1 – indent 4 a (new)

– one expert designated by the Council of Europe Advisory Committee on the Implementation of the Framework Convention for the framework Convention on the Protection of National Minorities;

Amendment 534 #

Motion for a resolution
Annex – Article 9 – point 9.1 – indent 6

– twohree experts each designated by the United Nations (UN), the Organization for Security and Co-operation in Europe (OSCE) and the Organisation for Economic Co-operation and Development (OECD).

Amendment 535 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 9 – point 9.1 a (new)

9.1a When appointing experts for the panel, account shall be taken of the need to ensure a proportional representation of different nationalities. In this regard, experts from the same Member State should not represent more than one-tenth of all members of the panel.

Amendment 536 #

Motion for a resolution
Annex – Article 9 – point 9.2

~~9.2 The DRF expert panel shall be chaired by the President of the FRA Scientific Committee.~~deleted

Amendment 537 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Brice HORTEFEUX, Elisabetta GARDINI

Motion for a resolution
Annex – Article 9 – point 9.2

9.2 The DRF expert panel shall be chaired by the ~~President of the FRA Scientific Committee~~Commission.

Amendment 538 #

Motion for a resolution
Annex – Article 9 – point 9.2

~~9.2 The DRF expert panel shall be chaired by the President of the FRA Scientific Committee.~~deleted

Amendment 539 #

Motion for a resolution
Annex – Article 9 – point 9.2

9.2 The DRF expert panel shall ~~be chaired by the President of the FRA Scientific Committee~~elect a chair from within its members.

Amendment 540 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Csaba SÓGOR, Mariya GABRIEL, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Article 9 – point 9.2 a (new)

9.2a The expert panel shall adopt the Report by a majority of two thirds of its members.

Amendment 541 #

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS

Motion for a resolution
Annex – Article 9 – point 9.2 a (new)

9.2a Prior to their appointment, the Commission shall verify the independence of each expert making up the panel and shall submit a report to the European Parliament. The relevant European Parliament committee may decide to interview any prospective panel experts should there be any doubt as to their independence.

Amendment 542 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 9 – point 9.3

9.3 In order to facilitate the development of the draft ~~DRF Scoreboard and draft~~Report and country recommendations, the Commission shall provide a secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.

Amendment 543 #

Motion for a resolution
Annex – Article 9 – point 9.3

9.3 In order to facilitate the development of the draft DRF Scoreboard ~~and~~, draft country recommendations and draft Union institution recommendations, the Commission shall provide an independent secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.

Amendment 544 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 9 – point 9.3

9.3 In order to facilitate the development of the draft DRF Scoreboard and draft country recommendations, the ~~Commission shall provide a secretariat to the DRF expert panel~~FRA should provide technical assistance and coordination for the work, enabling it to function efficiently, in particular by gathering and sharing available data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.

Amendment 545 #

Motion for a resolution
Annex – Article 9 – point 9.3

9.3 In order to facilitate the development of the draft DRF ~~Scoreboard and draft~~European Report and country recommendations, the Commission shall provide a secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.

Amendment 546 #

Motion for a resolution
Annex – Article 9 – pint 9.3 a (new)

9.3a The DRF expert panel shall adopt its rules of procedure.

Amendment 547 #

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 10 – introductory part

For each of the indicators, a score shall be given by each of the panellists to each of the Member States: satisfactory (green), risk (yellow), breach or violation (red). The final score shall be the average of the DRF expert panel. This scoring exercise shall be carried out on an anonymous and independent basis by each of the panellists in order to safeguard the independence of the DRF expert panel and the objectivity of the DRF Scoreboard. The members of the DRF expert panel may, however, consult with one another with a view to discussing methods and agreed standards.

Amendment 548 #

Motion for a resolution
Annex – Article 10 – introductory part

For each of the indicators, a score shall be given by each of the panellists to each of the Member States and of the Union institutions under scrutiny: satisfactory (green), risk (yellow), breach or violation (red). The final score shall be the average of the DRF expert panel. This scoring exercise shall be carried out on an anonymous and independent basis by each of the panellists in order to safeguard the independence of the DRF expert panel and the objectivity of the DRF Scoreboard. The members of the DRF expert panel may, however, consult with one another with a view to discussing methods and agreed standards.

Amendment 549 #

Motion for a resolution
Annex – Article 10 – introductory part

For each of the indicators, a score shall be given by each of the panellists to each of the Member States: satisfactory (green), risk (yellow), breach or violation (red). The final score shall be the average of the DRF expert panel. This scoring exerciseThe analysis shall be carried out on an anonymous and independent basis by each of the panellists in order to safeguard the independence of the DRF expert panel and the objectivity of the DRF ~~Scoreboard~~monitoring reports. The members of the DRF expert panel may, however, consult with one another with a view to discussing methods and agreed standards.

Amendment 550 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Article 10 – introductory part

Amendment 551 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Article 10 – point 10.1

10.1 The indicators shall be reviewed annually and further elaborated, refined, enriched and modified, where necessary, by common accord between the Commission, the Council and the European Parliament, following consultation with the national parliaments, experts and civil society.deleted

Amendment 552 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 10 – point 10.1

10.1 The indicators shall be reviewed annually ~~and~~by the expert panel and, where necessary, further elaborated, refined, enriched and modified, where necessary, by common accord between the Commission, the Council and the European Parliament, following consultation with the national parliaments~~, experts~~ and civil society.

Amendment 553 #

Motion for a resolution
Annex – Article 11 – introductory part

~~The DRF Scoreboard shall be adopted as follows:~~deleted

Amendment 554 #

Motion for a resolution
Annex – Article 11 – introductory part

The DRF ~~Scoreboard~~monitoring reports shall be adopted as follows:

Amendment 555 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 11 – introductory part

~~The DRF Scoreboard shall be adopted as follows:~~deleted

Amendment 556 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 11 – indent 1

– The draft DRF ~~Scoreboard~~monitoring report, including draft country-specific recommendations, shall be developed annually by the DRF expert panel;

Amendment 557 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 11 – indent 1

– The draft ~~DRF Scoreboard~~Report, including draft country-specific recommendations, shall be developed bi-annually by the DRF expert panel;

Amendment 558 #

Motion for a resolution
Annex – Article 11 – indent 1

– The draft DRF ~~Scoreboard~~European Report, including draft country-specific recommendations, shall be developed annually by the DRF expert panel;

Amendment 559 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 11 – indent 1

– The draft DRF Scoreboard, including draft ~~country-specific~~ recommendations, shall be developed annually by the DRF expert panel;

Amendment 560 #

Motion for a resolution
Annex – Article 11 – indent 1

– The draft DRF Scoreboard, including draft country-specific recommendations and draft Union institution-specific recommendations, shall be developed annually by the DRF expert panel;

Amendment 561 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 11 – indent 2

– The DRF expert panel shall assess the data and information available and allocate ~~green, yellow and red~~ scores to each of the DRF indicators for each of the Member States or institutions of the Union ~~under scrutiny.~~;

Amendment 562 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 11 – indent 2

– The DRF expert panel shall assess the data and information available and allocate green, yellow and red scores to each of the DRF indicators for each of the Member States or institutions of the Union under scrutiny;deleted

Amendment 563 #

Motion for a resolution
Annex – Article 11 – indent 2

– The DRF expert panel shall assess the data and information available ~~and allocate green, yellow and red scores to each of the DRF indicators~~ for each of the Member States or institutions of the Union under scrutiny;

Amendment 564 #

Motion for a resolution
Annex – Article 11 – indent 2

– The DRF expert panel shall assess the data and information available and allocate green, yellow and red scores to each of the DRF indicators for each of the Member States orand institutions of the Union under scrutiny;

Amendment 565 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 11 – indent 3

– The draft DRF ~~Scoreboard~~monitoring report and draft country-specific recommendations shall be made publically available;

Amendment 566 #

Motion for a resolution
Annex – Article 11 – indent 3

– The draft DRF ~~Scoreboard~~European Report and draft country-specific recommendations shall be made public~~ally available~~;

Amendment 567 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 11 – indent 3

– The draft DRF Scoreboard and draft ~~country-specific~~ recommendations shall in principle be made publically available;

Amendment 568 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 11 – indent 3

~~– The draft DRF Scoreboard and draft country-specific recommendations shall be made publically available;~~deleted

Amendment 569 #

Motion for a resolution
Annex – Article 11 – indent 3

– The draft DRF Scoreboard ~~and~~, draft country-specific recommendations and draft Union institution-specific recommendations shall be made publically available;

Amendment 570 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 11 – indent 4

The Commission shall formally adopt the DRF Scoreboard and country-specific reports, including recommendations, and refer them to the Member States, the European Parliament and the Council as a basis for the DRF Semester.deleted

Amendment 571 #

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 11 – indent 4

– The Commission shall formally adopt the DRF Scoreboard ~~and country~~, country- specific reports and Union institution- specific reports, including recommendations, and refer them to the Member States, including national parliaments, the European Parliament and the Council as a basis for the DRF Semester and for the DRF policy cycle in the institutions of the Union.

Amendment 572 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 11 – indent 4

– The Commission shall formally adopt the DRF ~~Scoreboard~~monitoring report and country- specific reports, including recommendations, and refer them to the Member States, the European Parliament and the Council as a basis for the DRF Semester.

Amendment 573 #

Motion for a resolution
Annex – Article 11 – indent 4

– The Commission shall formally adopt the DRF ~~Scoreboard~~European Report and country- specific reports, including recommendations, and refer them to the Member States, the European Parliament and the Council as a basis for ~~the DRF Semester~~an interparliamentary debate.

Amendment 574 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 11 – indent 4

– The Commission shall formally adopt the DRF Scoreboard and ~~country- specific~~ reports, including recommendations, and refer them to the Member States~~, the European Parliament~~ and the Council as a basis for the DRF Semester.

Amendment 575 #

Motion for a resolution
Annex – Article 11 – indent 4 a (new)

– If the country-specific report on a Member State includes the statement by the expert panel that there is a clear risk of a serious breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(1) TEU, the Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public. The Commission shall start a dialogue with that Member State, taking into account the country specific report.

Amendment 576 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 11 – indent 4 a (new)

– Should the Commission fail to adopt the scoreboard and country reports on time, the relevant European Parliament committee may formally call upon it to provide explanations for the delay and to adopt them forthwith so as to avoid further holdups.

Amendment 577 #

Motion for a resolution
Annex – Article 11 – indent 5 b (new)

– If the country-specific report on a Member State includes the statement by the expert panel that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public.

Amendment 578 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – introductory part

The adoption of the DRF Scoreboard by the Commission shall initiate the DRF Semester, which shall aim at addressing the results of the DRF Scoreboard and recommendations included in ~~country- specific~~ reports, through the following steps:

Amendment 579 #

Motion for a resolution
Annex – Article 12 – introductory part

The adoption of the DRF Scoreboard by the Commission shall initiate the DRF Semester, which shall aim at addressing the results of the DRF Scoreboard and recommendations included in country- specific reports, through the following steps:deleted

Amendment 580 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – introductory part

The ~~adopt~~transmission of the ~~DRF Scoreboard~~Report by the Commission ~~shall initiate the DRF Semester, which shall aim at addressing the results of the DRF Scoreboard and recommendations included in country- specific reports, through the following steps:~~to the European Parliament, Council and national Parliaments shall initiate the inter-parliamentary debate.

Amendment 581 #

Motion for a resolution
Annex – Article 12 – introductory part

The adoption of the DRF ~~Scoreboard~~monitoring report by the Commission shall initiate the DRF Semester, which shall aim at addressing the results of the DRF ~~Scoreboard~~reports and recommendations included in country- specific reports, through the following steps:

Amendment 582 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – indent 1

– the European Parliament shall hold an inter-parliamentary debate on the basis of the DRF ~~Scoreboard~~reports, and adopt a resolution;

Amendment 583 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – indent 1

– the European Parliament shall hold a~~n inter-parliamentary~~ bi-annual debate on the basis of the ~~DRF Scoreboard,~~Report and adopt a resolution;

Amendment 584 #

Motion for a resolution
Annex – Article 12 – indent 1

– the European Parliament shall ~~hold~~organise an inter-parliamentary debate on the basis of the DRF ~~Scoreboard~~European Report, and adopt a resolution;

Amendment 585 #

Motion for a resolution
Annex – Article 12 – indent 1

– the European Parliament shall hold an inter-parliamentary debate on the basis of the DRF Scoreboard~~, and adopt a resolution~~;

Amendment 586 #

Barbara SPINELLI, Marina ALBIOL GUZMÁN, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 12 – indent 1

– the European Parliament shall hold an inter-parliamentary debate on the basis of the DRF Scoreboard, and adopt a resolution with a view to formulating specific recommendations;

Amendment 587 #

Motion for a resolution
Annex – Article 12 – indent 2

– the Council shall hold an annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF Scoreboard and adopt Council conclusions, taking into account the outcomes of the resolution adopted by the European Parliament, inviting national parliaments to provide a response to the DRF Scoreboard, proposals or reforms;

Amendment 588 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – indent 2

– the Council shall hold an annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF ~~Scoreboard~~European Report and adopt Council conclusions, inviting national parliaments to provide a response to the DRF ~~Scoreboard~~European Report, proposals or reforms;

Amendment 589 #

Barbara SPINELLI, Kostas CHRYSOGONOS

Motion for a resolution
Annex – Article 12 – indent 2

– the Council shall hold an annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF ~~Scoreboard~~reports and adopt Council conclusions, inviting national parliaments to provide a response to the DRF ~~Scoreboard~~reports, proposals or reforms;

Amendment 590 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – indent 2

– the Council shall hold an bi-annual debate, building upon its Rule of Law Dialogue, on the basis of the ~~DRF Scoreboard~~Report and adopt Council conclusions, inviting national parliaments to provide a response to the ~~DRF Scoreboard~~Report, proposals or reforms;

Amendment 591 #

Motion for a resolution
Annex – Article 12 – indent 2 a (new)

– both the European Parliament’s resolution and the Council conclusions as well as the decision-making process shall be made public;

Amendment 592 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 12 – indent 3

– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch ~~a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together~~one or more infringement procedures for violations of the Member States’ obligations deriving from Union law, including where applicable the Charter of Fundamental Rights of the European Union, or, alternatively, a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together; if the Commission decides not to start any procedure, it shall explain the reasons for this choice, which shall be made publicly available;

Amendment 593 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – indent 3

– on the basis of the DRF Scoreboard~~, the recommendations of the European Parliament and the Council conclusions,~~ the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together;

Amendment 594 #

Motion for a resolution
Annex – Article 12 – indent 3

– on the basis of the DRF ~~Scoreboard~~European Report, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together;

Amendment 595 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – indent 3

– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together;deleted

Amendment 596 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

– on the basis of the DRF ~~Scoreboard~~monitoring reports, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together;

Amendment 597 #

Motion for a resolution
Annex – Article 12 – indent 3

– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions, the Commission may ~~decide~~need to launch a "systemic infringement" action under Article 2 ~~TEU and Article 258 TFEU, bundling several infringement cases together~~of the Treaty on European Union and Article 258 of the Treaty on the Functioning of the European Union, bundling several infringement cases together. In case of non-referral by the Commission to the Court of Justice of the European Union for systemic infringement, the European Parliament may adopt a resolution by a 3/5 majority calling for systemic infringement proceedings to be launched automatically by the Commission;

Amendment 598 #

Motion for a resolution
Annex – Article 12 – indent 4

– on the basis of the DRF Scoreboard, ~~the recommendations of~~after consulting the European Parliament and the Council conclusions, the Commission may decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under Article 70 TFEU.

Amendment 599 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – indent 4

– on the basis of the DRF ~~Scoreboard~~monitoring report, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under Article 70 TFEU.

Amendment 600 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – indent 4

– on the basis of the ~~DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions,~~Report the Commission ~~may~~shall decide ~~to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under~~on further actions, in compliance with Article 7017(3) TFEU.

Amendment 601 #

Motion for a resolution
Annex – Article 12 – indent 4

– on the basis of the DRF ~~Scoreboard~~European Report, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under Article 70 TFEU.

Amendment 602 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Annex – Article 12 – indent 4

– on the basis of the DRF Scoreboard, the recommendations of the European Parliament and the Council conclusions, the Commission may ~~decide~~need to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under Article 70 ~~TFEU~~of the Treaty on the Functioning of the European Union. In case of failure to submit a proposal for such an evaluation, the European Parliament may adopt a resolution by a 3/5 majority calling for a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice to be submitted automatically by the Commission.

Amendment 603 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – indent 4 a (new)

– The Commission shall apply and enforce existing tools and mechanism for the monitoring and enforcement of member states compliance with rule of law and fundamental rights as provided by the Treaties while ensuring that the criteria of non-discrimination, equal handling of MS, objectivity, fairness as well as diversity of constitutional and cultural traditions of MS and principle of subsidiarity are duly taken into account.

Amendment 604 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – point 12.1

~~12.1 On the basis of the DRF Scoreboard, if a Member State has a green score on all indicators, no further action shall be necessary.~~deleted

Amendment 605 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – point 12.1

12.1 On the basis of the DRF ~~Scoreboard~~monitoring report, if a Member State has a green score on all indicators, no further action shall be necessary.

Amendment 606 #

Motion for a resolution
Annex – Article 12 – point 12.1

~~12.1 On the basis of the DRF Scoreboard, if a Member State has a green score on all indicators, no further action shall be necessary.~~deleted

Amendment 607 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – point 12.1

12.1 On the basis of the DRF Scoreboard, if a Member State ~~has a green score on~~complies with all indicators, no further action ~~sha~~will be ~~necessary~~taken.

Amendment 608 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – point 12.2

12.2 On the basis of the DRF Scoreboard, if a Member State receives one or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.deleted

Amendment 609 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – point 12.2

12.2 On the basis of the DRF ~~Scoreboard,~~monitoring report if a Member State receives one or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.

Amendment 610 #

Motion for a resolution
Annex – Article 12 – point 12.2

Amendment 611 #

Sylvia-Yvonne KAUFMANN, Péter NIEDERMÜLLER, Birgit SIPPEL

Motion for a resolution
Annex – Article 12 – point 12.2

12.2 On the basis of the DRF Scoreboard, if a Member State ~~receives~~falls short on one or more ~~yellow~~ scores, the Commission shall commence a dialogue with that Member State~~, building upon its Rule of Law Framework, taking into account the country-specific report~~.

Amendment 612 #

Motion for a resolution
Annex – Article 12 – point 12.2

12.2 On the basis of the DRF Scoreboard, if a Member State receives onthree or more yellow scores, the Commission shall commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.

Amendment 613 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – point 12.2

12.2 On the basis of the DRF Scoreboard, if a Member State receives one or more yellow scores, the Commission shall, without delay, commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.

Amendment 614 #

Motion for a resolution
Annex – Article 12 – Point 12.2.1

12.2.1 Where a Member State has yellow scores on one third of the indicators, it shall be considered that there is a clear risk of a serious breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(1) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public.deleted

Amendment 615 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – point 12.2.1

Amendment 616 #

Motion for a resolution
Annex – Article 12 – point 12.2.1

12.2.1 Where a Member State has ~~yellow score~~fails on one third of the indicators, it shall be considered that there is a clear risk of a serious breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(1) TEU. The Commission~~, the Council and the European Parliament~~ and the Council shall ~~each~~ discuss the matter and take a reasoned decision, which in principle shall be made public.

Amendment 617 #

Motion for a resolution
Annex – Article 12 – point 12.3

12.3 On the basis of the DRF Scoreboard, where a Member State receives one or more serious failured scores, the Commission will start a dialogue with that Member State~~, taking into account the country specific report~~.

Amendment 618 #

Motion for a resolution
Annex – Article 12 – point 12.3

12.3 On the basis of the DRF ~~Scoreboard~~monitoring reports, where a Member State receives one or more red scores, the Commission will start a dialogue with that Member State, taking into account the country specific report.

Amendment 619 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – point 12.3

12.3 On the basis of the DRF Scoreboard, where a Member State receives one or more red scores, the Commission will, without delay, start a dialogue with that Member State, taking into account the country specific report.

Amendment 620 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – point 12.3

12.3 On the basis of the DRF Scoreboard, where a Member State receives one or more red scores, the Commission will start a dialogue with that Member State, taking into account the country specific report.deleted

Amendment 621 #

Motion for a resolution
Annex – Article 12 – point 12.3

Amendment 622 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 12 – point 12.3.1

12.3.1 In case a Member State has red scores on more than one quarter of the indicators, or if it has red scores on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of yellow or red scores increases, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made publically available.

Amendment 623 #

Motion for a resolution
Annex – Article 12 – point 12.3.1

12.3.1 In case a Member State has ~~red scor~~serious breaches on more than one quarter of the indicators, or if it has ~~red scor~~serious breaches on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of bre~~d scor~~aches increases, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, and the Council ~~and the European Parliament~~ shall each discuss the matter and take a reasoned decision, which shall in principle be made publically available.

Amendment 624 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 12 – point 12.3.1

12.3.1 In case a Member State has red scores on more than one quarter of the indicators, or if it has red scores on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of red scores increases or remains constant, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 ~~TEU~~of the Treaty on European Union and that there are sufficient grounds for the invocation of Article 7(2) ~~TEU~~of the Treaty on European Union. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made publically available.

Amendment 625 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Elisabetta GARDINI

Motion for a resolution
Annex – Article 12 – point 12.3.1

12.3.1 In case a Member State has red scores on more than one quarter of the indicators, or if it has red scores on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of red scores increases, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made publically available.deleted

Amendment 626 #

Motion for a resolution
Annex – Article 12 – point 12.3.1

12.3.1 In case a Member State has red scores on more than one quarter of the indicators, or if it has red scores on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of red scores increases, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made publically available.deleted

Amendment 627 #

Motion for a resolution
Annex – Article 13

The DRF Scoreboard shall ~~expire five years after its entry into force, unless the signatories decide to renew it for a period to be determined by them~~be reviewed annually to assess its effectiveness.

Amendment 628 #

Christine REVAULT D'ALLONNES BONNEFOY, Sylvie GUILLAUME

Motion for a resolution
Annex – Article 13

The DRF ~~Scoreboard~~monitoring reports shall expire five years after its entry into force, unless the signatories decide to renew it for a period to be determined by them.

Amendment 629 #

Motion for a resolution
Annex – Article 13

~~The DRF Scoreboard shall expire five years after its entry into force, unless the signatories decide to renew it for a period to be determined by them.~~deleted

Amendment 630 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Article 13

~~The DRF Scoreboard shall expire five years after its entry into force, unless the signatories decide to renew it for a period to be determined by them.~~deleted

Amendment 631 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 13 a (new)

Article 13a The policy cycle in the Union institutions aims to address the outcomes resulting from the Scoreboard, including Union institution-specific reports and recommendations, and to implement an impact assessment procedure introducing effectively DRF into the legislative and decisional processes. On the basis of the Scoreboard, Union institution-specific reports and recommendations, each institution under scrutiny shall draft their own assessment, represented by a resolution of the European Parliament, conclusions by the European Council and by the Council, and a communication from the Commission, analysing the shortcomings and proposing possible solutions and follow-up. Those documents shall be made publicly available and transmitted to the DRF expert panel. In the event of one or more yellow or red scores concerning one or more EU institutions, a public interinstitutional debate shall be held between the Commission, the European Parliament and the Council, involving also national parliaments, in order to identify common Union solutions. The conclusions of the interinstitutional debate shall be made publicly available and transmitted to the DRF expert panel. The Resolution of the European Parliament, the conclusions of the European Council and of the Council and the communication of the Commission, together with the conclusions of the interinstitutional debate where applicable, will represent the precondition for the next annual evaluation carried out by the DRF expert panel. In case an institution has red scores in one or more indicators or it keeps or increases its yellow or red scores in the next annual assessment, it will be considered that there are sufficient grounds for invoking Articles 263 and 265 TFEU, including an action under Article 263 for infringement of the Charter of fundamental rights. If the Commission, the European Parliament, the Council or the European Council on behalf of the Member States decides not to bring any action against that institution, they shall explain the reasons for this choice, which shall be made publicly available.

Amendment 632 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Monika HOHLMEIER, Jeroen LENAERS

Motion for a resolution
Annex – Article 14 – introductory part

A ~~systematic fundamental rights~~n impact assessment on fundamental rights shall be included as an element of the impact assessment ~~shall be~~ carried out for ~~all~~ legislative proposals by the Commission, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation;

Amendment 633 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 14 – introductory part

A systematic ex-ante and ex-post fundamental rights impact assessment shall be carried out for all legislative proposals by the Commission, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation;

Amendment 634 #

Motion for a resolution
Annex – Article 14 – introductory part

A systematic fundamental rights impact assessment shall be carried out for all legislative proposals by the Commission~~, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation~~;

Amendment 635 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Motion for a resolution
Annex – Article 14 – introductory part

~~A systematic f~~Fundamental rights ~~impact assessment shall be carried ou~~shall be included as part of the impact assessment for all legislative proposals by the Commission, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation;

Amendment 636 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Elisabetta GARDINI, Tomáš ZDECHOVSKÝ

Motion for a resolution
Annex – Article 14 – point 14.1

14.1 ~~An independent~~The expert panel, which shall be set up by the Commission, the Council and the European Parliament, shall assess DRF compliance of legislative proposals after the conclusion of interinstitutional negotiations and prior to their formal adoption in accordance with Article 12 of the Interinstitutional Agreement on Better Regulation. The panel shall provide advice during the interinstitutional negotiaby the institutions.

Amendment 637 #

Motion for a resolution
Annex – Article 14 – point 14.1

14.1 An independent expert panel, which shall be set up by the Commission, the Council and the European Parliament, shall assess DRF compliance of legislative proposals after the conclusion of interinstitutional negotiations and prior to their formal adoption ~~in accordance with Article 12 of the Interinstitutional Agreement on Better Regulation~~. The panel shall provide advice during the interinstitutional negotiations.

Amendment 638 #

Motion for a resolution
Annex – Article 14 – point 14.1

Amendment 639 #

Motion for a resolution
Annex – Article 14 – point 14.1

14.1 An independent expert panel, which shall be set up by the Commission, the Council and the European Parliament, shall assess DRF compliance of legislative proposals after the conclusion of interinstitutional negotiations and prior to their formal adoption in accordance with Article 12 of the Interinstitutional Agreement on Better Regulation. The panel shall provide advice during the interinstitutional negotiations.deleted

Amendment 640 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 15

An interinstitutional impact assessment working group ('Working Group')shall be set up with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, the 'Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union', the 'Operational Guidance on taking account of Fundamental rights in Commission Impact Assessments', Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion.

Amendment 641 #

Motion for a resolution
Annex – Article 15

An interinstitutional impact assessment working group ('Working Group')shall be set up with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion.

Amendment 642 #

Monika HOHLMEIER, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Csaba SÓGOR, Elisabetta GARDINI

Motion for a resolution
Annex – Article 15

An interinstitutional impact assessment working group ('Working Group') shall be set up with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion.

Amendment 643 #

Motion for a resolution
Annex – Article 15

An interinstitutional impact assessment working group ('Working Group') ~~shall~~can be set up out of existing structures in the institutions with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion. These existing tools should be promoted and properly applied.

Amendment 644 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Article 16 – introductory part

The Report with country specific recommendations shall replace the annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union, s~~hall be included in the annual DRF policy cycle of the DRF Scoreboard~~uch as:

Amendment 645 #

Frank ENGEL, Michał BONI, Therese COMODINI CACHIA, Carlos COELHO, Jeroen LENAERS

Motion for a resolution
Annex – Article 16 – introductory part

Amendment 646 #

Motion for a resolution
Annex – Article 16 – introductory part

The annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union shall be included in the annual DRF policy cycle of the DRF Scoreboard:; namely application of Charter of Fundamental Rights, EU law and Regulation (EC) No 1049/2001 of the European Parliament and of the Council1a: ____________________ 1a Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

Amendment 647 #

Motion for a resolution
Annex – Article 16 –indent 1

~~– Annual report on the application of the Charter of Fundamental Rights;~~deleted

Amendment 648 #

Motion for a resolution
Annex – Article 16 –indent 2

~~– Annual report on the application of EU law;~~deleted

Amendment 649 #

Motion for a resolution
Annex – Article 16 –indent 3

– Annual report on the application of Regulation (EC) No 1049/2001 of the European Parliament and of the Council.1 ____________________ 1 the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).deleted Regulation (EC) No 1049/2001 of

Amendment 650 #

Motion for a resolution
Annex – Article 16 –indent 3 a (new)

– Annual report of the European Ombudsman;

Amendment 651 #

Monika HOHLMEIER, Frank ENGEL, Pál CSÁKY, Barbara MATERA, Tomáš ZDECHOVSKÝ, Emil RADEV, Mariya GABRIEL, Michał BONI, Elisabetta GARDINI

Motion for a resolution
Annex – Article 16 –indent 3 a (new)

– Annual report on the situation of Fundamental rights in the EU.

Amendment 652 #

Motion for a resolution
Annex – Article 16 –indent 3 b (new)

– FRA annual report on fundamental rights;

Amendment 653 #

Motion for a resolution
Annex – Article 16 –indent 3 c (new)

– EIGE’s Gender Equality Index;

Amendment 654 #