What changed between the draft committee report and the plenary report

MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

4 unchanged paragraphs

report on the Commission’s 2023 Rule of Law report

(2023/2113(INI))

The European Parliament,

– having regard to the Treaty on European Union (TEU), in particular Articles 2, 3(1), 3(3), second subparagraph, 4(3) and Articles 5, 6, 7, 11, 19 and 49 thereof,

Changed:– having regard to the Treaty on the Functioning of the European Union, and in particular to the articlesArticles thereof relating to respect for,for and the protection and promotion of,of democracy, the rule of law and fundamental rights in the Union, including Articles 70, 258, 259, 260, 263, 265 and 267,

4 unchanged paragraphs

– having regard to the Charter of Fundamental Rights of the European Union,

– having regard to the case-law of the Court of Justice of the European Union,

– having regard to the Commission communication of 5 July 2023 on the 2023 Rule of Law Report – the rule of law situation in the European Union (COM(2023)0800),

– having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (the Rule of Law Conditionality Regulation),

Added:– having regard to Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (the Common Provisions Regulation),

– having regard to Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values programme and repealing Regulation (EU) No 1381/2013 of the European Parliament and of the Council and Council Regulation (EU) No 390/2014,

– having regard to the Universal Declaration of Human Rights,

– having regard to the UN instruments on the protection of human rights and fundamental freedoms, and the recommendations and reports of the UN Universal Periodic Review, as well as the case-law of the UN treaty bodies and the special procedures of the Human Rights Council,

Changed:– having regard to the recommendationsEuropean andConvention reportson Human Rights, the European Social Charter, the case-law of the OfficeEuropean forCourt Democraticof InstitutionsHuman Rights and Humanthe European Committee of Social Rights, and the Highconventions, Commissionerrecommendations, onresolutions, Nationalopinions Minorities,and reports of the RepresentativeParliamentary onAssembly, Freedomthe Committee of Ministers, the MediaHuman andRights otherCommissioner, bodiesthe ofEuropean Commission against Racism and Intolerance, the OrganizationSteering forCommittee Securityon Anti-Discrimination, Diversity and Co-operationInclusion, inthe EuropeVenice (OSCE),Commission and other bodies of the Council of Europe,

Removed:– having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Social Charter, the case-law of the European Court of Human Rights and the European Committee of Social Rights, and the conventions, recommendations, resolutions, opinions and reports of the Parliamentary Assembly, the Committee of Ministers, the Human Rights Commissioner, the European Commission Against Racism and Intolerance, the Steering Committee on Anti-Discrimination, Diversity and Inclusion, the Venice Commission and other bodies of the Council of Europe,

Added:– having regard to the memorandum of understanding between the Council of Europe and the European Union of 23 May 2007 and the Council conclusions of 30 January 2023 on EU priorities for cooperation with the Council of Europe 2023-2024,

Removed:– having regard to the Memorandum of Understanding between the Council of Europe and the European Union of 23 May 2007 and the Council conclusions of 8 July 2020 on EU priorities for cooperation with the Council of Europe 2020-2022,

6 unchanged paragraphs

– having regard to the Commission’s reasoned proposal of 20 December 2017 for a Council decision on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law (COM(2017)0835), issued in accordance with Article 7(1) TEU,

– having regard to the reports of the European Union Agency for Fundamental Rights (FRA) of 19 July 2022 entitled ‘Europe’s civil society: still under pressure’, of 8 June 2022 entitled ‘Fundamental Rights Report 2022’, of 19 August 2022 entitled ‘Protecting civic space in the EU’ and of 3 November 2022 entitled ‘Antisemitism – Overview of antisemitic incidents recorded in the European Union 2011-2021’, and its other reports, data and tools, in particular the European Union Fundamental Rights Information System (EFRIS),

– having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights,

– having regard to its resolution of 1 March 2018 on the Commission’s decision to activate Article 7(1) TEU as regards the situation in Poland,

– having regard to its resolution of 19 April 2018 on the need to establish a European Values Instrument to support civil society organisations which promote fundamental values within the European Union at local and national level,

– having regard to its resolution of 12 September 2018 on a proposal calling on the Council to determine, pursuant to Article 7(1) TEU, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded,

Added:– having regard to its resolution of 13 November 2018 on minimum standards for minorities in the EU,

– having regard to its resolution of 14 November 2018 on the need for a comprehensive EU mechanism for the protection of democracy, the rule of law and fundamental rights,

– having regard to its resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights,

– having regard to its resolution of 13 November 2020 on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights,

Added:– having regard to its resolution of 17 December 2020 on the European Citizens’ Initiative ‘Minority SafePack – one million signatures for diversity in Europe’,

– having regard to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/2092,

– having regard to its resolution of 24 June 2021 on the Commission’s 2020 Rule of Law Report,

– having regard to its resolution of 8 July 2021 on the creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget,

Added:– having regard to its resolution of 16 September 2021 with recommendations to the Commission on identifying gender-based violence as a new area of crime listed in Article 83(1) TFEU,

6 unchanged paragraphs

– having regard to its resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society,

– having regard to its resolution of 15 December 2021 on the evaluation of preventive measures for avoiding corruption, irregular spending and misuse of EU and national funds in case of emergency funds and crisis-related spending areas,

– having regard to its resolution of 8 March 2022 on the shrinking space for civil society in Europe,

– having regard to its resolution of 10 March 2022 on the rule of law and the consequences of the ECJ ruling,

– having regard to its resolution of 19 May 2022 on the Commission’s 2021 Rule of Law Report,

– having regard to its resolution of 9 June 2022 on the rule of law and the potential approval of the Polish national recovery plan (RRF),

Removed:– having regard to its resolution of 15 September 2022 on the proposal for a Council decision determining, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded,

– having regard to its resolution of 15 September 2022 on the situation of fundamental rights in the European Union in 2020 and 2021,

– having regard to its resolution of 20 October 2022 on the rule of law in Malta, five years after the assassination of Daphne Caruana Galizia,

Changed:– having regard to its resolution of 20 October 2022 on growing hate crimes against LGBTIQLGBTIQ+ people across Europe in light of the recent homophobic murder in Slovakia,

– having regard to its resolution of 10 November 2022 on racial justice, non-discrimination and anti-racism in the EU,

– having regard to its resolution of 24 November 2022 on the assessment of Hungary’s compliance with the rule of law conditions under the Conditionality Regulation and state of play of the Hungarian RRP,

– having regard to its resolution of 30 March 2023 on the 2022 Rule of Law Report – the rule of law situation in the European Union,

Added:– having regard to its resolution of 1 June 2023 on the breaches of the Rule of Law and fundamental rights in Hungary and frozen EU funds,

Added:– having regard to its recommendation of 15 June 2023 to the Council and the Commission following the investigation of alleged contraventions and maladministration in the application of Union law in relation to the use of Pegasus and equivalent surveillance spyware and the report of 22 May 2023 of its Committee of Inquiry to investigate the use of Pegasus and equivalent surveillance spyware,

Added:– having regard to its resolution of 11 July 2023 on the electoral law, the investigative committee and the rule of law in Poland,

Added:– having regard to its resolution of 19 October 2023 on the rule of law in Malta: six years after the assassination of Daphne Caruana Galizia, and the need to protect journalists,

Added:– having regard to its resolution of 18 January 2024 on the situation of fundamental rights in the European Union – annual report 2022 and 2023,

Added:– having regard to resolution 2262 (2019) of the Parliamentary Assembly of the Council of Europe on promoting the rights of persons belonging to national minorities,

Added:– having regard to the recommendations and reports of the Office for Democratic Institutions and Human Rights, the High Commissioner on National Minorities, the Representative on Freedom of the Media and other bodies of the Organization for Security and Co-operation in Europe (OSCE) and to the cooperation between the EU and the OSCE on democratisation, institution-building and human rights and to the annual OSCE hate crime report, in which participating states have committed themselves to passing legislation that provides for penalties that take into account the gravity of hate crime, to taking action to address under-reporting and to introducing or further developing capacity-building activities for law enforcement, prosecution and judicial officials to prevent, investigate and prosecute hate crimes,

– having regard to its PEGA Inquiry Committee report and the PEGA resolution and recommendations,

Changed:– Havinghaving regard to the feedback reports, mission reports, written questions and answers of its Democracy, Rule of Law and Fundamental Rights Monitoring Group (DRFMG),

– having regard to Rule 54 of its Rules of Procedure,

– having regard to the opinion of the Committee on Legal Affairs,

Changed:– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0000/2023),(A9-0025/2024),

Change 1

Removed:Justice systems

Added:A. whereas the Union is founded on the common values enshrined in Article 2 TEU 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 – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union as part of the Copenhagen criteria, which cannot be disregarded or reinterpreted after accession; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may pose a systemic threat to the Union and the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the Union as a whole and its Member States at all levels of governance, including subnational entities;