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European Parliament 2019-2024 Committee on Civil Liberties, Justice and Home Affairs 2017/0360R(NLE) 29.5.2020 AMENDMENTS 1 - 254 Draft report Juan Fernando López Aguilar (PE650.665v02-00) Determination of a clear risk of a serious breach by the Republic of Poland of the rule of law (2017/0360R(NLE)) AM\1206319EN.docx PE652.541v01-00 EN United in diversityEN AM_Com_NonLegReport PE652.541v01-00 2/154 AM\1206319EN.docx EN Amendment 1 Juan Fernando López Aguilar, Isabel Santos, Pietro Bartolo, Włodzimierz Cimoszewicz, Sylwia Spurek, Sylvie Guillaume, Birgit Sippel, Łukasz Kohut, Bettina Vollath, Robert Biedroń, Raphaël Glucksmann, Dietmar Köster, Katarina Barley, Kati Piri Motion for a resolution Citation 6 a (new) Motion for a resolution Amendment - having regard to the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), Or. en Amendment 2 Balázs Hidvéghi Motion for a resolution Citation 9 a (new) Motion for a resolution Amendment - having regard to the Conclusions of the Council of the European Union and the Member States meeting within the Council on ensuring respect for the rule of law of 16 December 2014; Or. en Amendment 3 Balázs Hidvéghi Motion for a resolution Citation 9 b (new) Motion for a resolution Amendment - having regard to the Council Legal Service’s legal opinion of 27 May 2014 on the compatibility of the Commission’s Communication on a new EU Framework AM\1206319EN.docx 3/154 PE652.541v01-00 EN to strengthen the Rule of Law with the Treaties; Or. en Amendment 4 Konstantinos Arvanitis, Malin Björk Motion for a resolution Citation 14 a (new) Motion for a resolution Amendment - having regard to its resolution of 3 May 2018 on media pluralism and media freedom in the European Union, Or. en Amendment 5 Beata Kempa Motion for a resolution Citation 15 Motion for a resolution Amendment — having regard to its resolution of deleted 14 November 2019 on the criminalisation of sexual education in Poland9, _________________ 9 Texts adopted, P9_TA(2019)0058. Or. pl Amendment 6 Patryk Jaki, Jadwiga Wiśniewska, Joachim Stanisław Brudziński, Beata Kempa Motion for a resolution Citation 15 PE652.541v01-00 4/154 AM\1206319EN.docx EN Motion for a resolution Amendment — having regard to its resolution of deleted 14 November 2019 on the criminalisation of sexual education in Poland9, _________________ 9 Texts adopted, P9_TA(2019)0058. Or. pl Amendment 7 Beata Kempa Motion for a resolution Citation 16 Motion for a resolution Amendment — having regard to its resolution of deleted 18 December 2019 on public discrimination and hate speech against LGBTI people, including LGBTI free zones10, _________________ 10 Texts adopted, P9_TA(2019)0101. Or. pl Amendment 8 Patryk Jaki, Jadwiga Wiśniewska, Joachim Stanisław Brudziński, Beata Kempa Motion for a resolution Citation 16 Motion for a resolution Amendment — having regard to its resolution of deleted 18 December 2019 on public discrimination and hate speech against LGBTI people, including LGBTI free zones10, _________________ AM\1206319EN.docx 5/154 PE652.541v01-00 EN 10 Texts adopted, P9_TA(2019)0101. Or. pl Amendment 9 Beata Kempa Motion for a resolution Citation 19 Motion for a resolution Amendment — having regard to its resolution of deleted 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences13, _________________ 13 Texts adopted, P9_TA(2020)0054. Or. pl Amendment 10 Juan Fernando López Aguilar, Isabel Santos, Pietro Bartolo, Włodzimierz Cimoszewicz, Sylwia Spurek, Sylvie Guillaume, Bettina Vollath, Raphaël Glucksmann, Dietmar Köster, Katarina Barley, Kati Piri, Łukasz Kohut, Robert Biedroń, Birgit Sippel Motion for a resolution Citation 20 a (new) Motion for a resolution Amendment - having regard to its resolution of 25 November 2019 on the Union’s accession to the Istanbul Convention on preventing and combating violence against women 14a, _________________ 14a Texts adopted, P9_TA(2019)0080. Or. en PE652.541v01-00 6/154 AM\1206319EN.docx EN Amendment 11 Juan Fernando López Aguilar, Isabel Santos, Włodzimierz Cimoszewicz, Pietro Bartolo, Sylwia Spurek, Sylvie Guillaume, Bettina Vollath, Raphaël Glucksmann, Dietmar Köster, Katarina Barley, Kati Piri, Łukasz Kohut, Robert Biedroń Motion for a resolution Citation 21 a (new) Motion for a resolution Amendment - having regard to its legislative resolution of 17 April 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Rights and Values programme 16a, _________________ 16a Texts adopted, P8_TA(2019)0407. Or. en Amendment 12 Michal Šimečka, Olivier Chastel, Jan-Christoph Oetjen, Morten Petersen, Maite Pagazaurtundúa, Moritz Körner, Sophia in ‘t Veld, Hilde Vautmans, Malik Azmani, Fabienne Keller, Abir Al-Sahlani, Anna Júlia Donáth, Ramona Strugariu, Yana Toom Motion for a resolution Citation 22 Motion for a resolution Amendment — having regard to the four — having regard to the four infringement procedures launched by the infringement procedures launched by the Commission against Poland in relation to Commission against Poland in relation to the reform of the Polish judicial system, of the changes to the Polish judicial system, which the first two resulted in judgments of of which the first two resulted in judgments the Court of Justice finding violations of of the Court of Justice finding violations of the second subparagraph of Article 19(1) the second subparagraph of Article 19(1) of the Treaty on European Union of the Treaty on European Union enshrining the principle of effective enshrining the principle of effective judicial protection, while the two other judicial protection, while the two other procedures are still pending, procedures are still pending, Or. en AM\1206319EN.docx 7/154 PE652.541v01-00 EN Amendment 13 Terry Reintke Motion for a resolution Citation 25 a (new) Motion for a resolution Amendment - having regard to the results of the LGBTI Survey II conducted by the Fundamental Rights Agency, which highlight an increase in intolerance and violence in Poland towards LGBTI persons, a complete disbelief in the government’s combat against prejudice and intolerance by Polish LGBTI respondents, recording the lowest percentage across the Union (only 4%), and the highest percentage of respondents avoiding going to certain places for fear of being assaulted, harassed or threatened (79%), Or. en Amendment 14 Maria Walsh Motion for a resolution Citation 25 a (new) Motion for a resolution Amendment - having regard to the results of the LGBTI Survey II conducted by the Fundamental Rights Agency, which highlight an increase in intolerance and violence in Poland towards LGBTI persons, a complete disbelief in the government’s combat against prejudice and intolerance by Polish LGBTI respondents, recording the lowest percentage across the Union (only 4%), and the highest percentage of respondents avoiding going to certain places for fear of being assaulted, harassed or threatened (79%), PE652.541v01-00 8/154 AM\1206319EN.docx EN Or. en Amendment 15 Malin Björk Motion for a resolution Citation 25 a (new) Motion for a resolution Amendment - having regard to the results of the LGBTI Survey II conducted by the Fundamental Rights Agency, which highlight an increase in intolerance and violence in Poland towards LGBTI persons, a complete disbelief in the government’s combat against prejudice and intolerance by Polish LGBTI respondents, recording the lowest percentage across the Union (only 4%), and the highest percentage of respondents avoiding going to certain places for fear of being assaulted, harassed or threatened (79%), Or. en Amendment 16 Terry Reintke Motion for a resolution Citation 25 b (new) Motion for a resolution Amendment - having regard to the issue paper of the Council of Europe’s Commissioner for Human Rights of December 2017 entitled ‘Women’s sexual and reproductive health and rights in Europe’, Or. en AM\1206319EN.docx 9/154 PE652.541v01-00 EN Amendment 17 Terry Reintke Motion for a resolution Citation 25 c (new) Motion for a resolution Amendment - having regard to the 2019 recommendations of the World Health Organization (WHO) on adolescent sexual and reproductive health and rights and the WHO Regional Office for Europe standards for sexuality education in Europe: a framework for policy makers, educational and health authorities and specialists, Or. en Amendment 18 Beata Kempa, Jadwiga Wiśniewska, Joachim Stanisław Brudziński on behalf of the Committee on Civil Liberties, Justice and Home Affairs Patryk Jaki Motion for a resolution Recital A Motion for a resolution Amendment A. whereas the Union is founded on A. whereas the Union is founded on the values of respect for human dignity, the values laid down in Article 2 of the freedom, democracy, equality, the rule of Treaty on European Union and as reflected law and respect for human rights, in the Charter of Fundamental Rights of the including the rights of persons belonging European Union and embedded in to minorities, as set out in Article 2 of the international human rights treaties; Treaty on European Union and as reflected in the Charter of Fundamental Rights of the European Union and embedded in international human rights treaties; Or. pl Amendment 19 Balázs Hidvéghi PE652.541v01-00 10/154 AM\1206319EN.docx EN Motion for a resolution Recital A Motion for a resolution Amendment A. whereas the Union is founded on A. whereas the Union is founded on the values of respect for human dignity, the values of respect for human dignity, freedom, democracy, equality, the rule of freedom, democracy, equality, the rule of law and respect for human rights, including law and respect for human rights, including the rights of persons belonging to the rights of persons belonging to minorities, as set out in Article 2 of the minorities, as set out in Article 2 of the Treaty on European Union and as reflected Treaty on European Union; in the Charter of Fundamental Rights of the European Union and embedded in international human rights treaties; Or. en Amendment 20 Balázs Hidvéghi Motion for a resolution Recital B Motion for a resolution Amendment B.