Sittings · Document
DRAFT OPINION (2025/2239(INI)) 2025-12-04
On the Commission’s 2025 Rule of Law report – annual report 2025
Committee on Budgets · Rapporteur: JeanMarc Germain
AMENDMENTS
The Committee on Budgets submits the following to the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible:
Amendment 1
Motion for a resolution
Citation 57 a (new)
| Motion for a resolution | Amendment |
| – having regard to its resolution of 7 May 2025 on a revamped long-term budget for the Union in a changing world1a, ______________ 1a Texts adopted, P10_TA(2025)0090. |
Or. en
Amendment 2
Motion for a resolution
Citation 57 b (new)
| Motion for a resolution | Amendment |
| – having regard to its resolution of [xx December 2025] on the implementation of the rule of law conditionality regime1a, _____________ 1a refer to resolution expected to be adopted during the December part session (2025/2061(INI)). |
Or. en
Amendment 3
Motion for a resolution
Citation 66 a (new)
| Motion for a resolution | Amendment |
| – having regard to the study requested by its Committee on Budgets entitled ‘The tools for protecting the EU budget from breaches of the rule of law: the Conditionality Regulation in context’1a, _____________ 1a Rubio E. et al., ‘The tools for protecting the EU budget from breaches of the rule of law: the Conditionality Regulation in context’, European Parliament, Directorate-General for Internal Policies, Policy Department for Budgetary Affairs, April 2023. |
Or. en
Amendment 4
Motion for a resolution
Recital E a (new)
| Motion for a resolution | Amendment |
| Ea. whereas Parliament has repeatedly called for a stronger link between respect for the rule of law and the EU budget, including a specific call to strengthen the links between the recommendations in its annual rule of law reports and financial support from the EU budget; whereas the Commission has on several occasions undertaken commitments to that effect, including in the State of the Union address delivered by Commission President Ursula von der Leyen; |
Or. en
Amendment 5
Motion for a resolution
Paragrah 30
| Motion for a resolution | Amendment |
| 30. Is deeply concerned about fundamental rights violations facilitated by or linked to the use of EU funds in some Member States, notably in the areas of housing and educational segregation, reception conditions for asylum seekers, the institutionalisation of persons with disabilities and of children, and certain urban regeneration initiatives; calls on the Commission to include recommendations addressing these violations in its annual rule of law report; proposes that a specific share of EU funds be earmarked for the independent monitoring of EU-funded actions, including assessments of their legal and fundamental rights impacts, as well as for legal research, strategic litigation and the independent evaluation of potential violations, with strong involvement of civil society organisations; | 30. Is deeply concerned about reports from civil society organisations indicating that certain fundamental rights violations may have been linked to the use of some EU funds in some Member States, notably in the areas of housing and educational segregation, reception conditions for asylum seekers, the institutionalisation of persons with disabilities and children, and certain urban regeneration initiatives; calls on the Commission to thoroughly investigate whether such violations are occurring in EU-funded programmes or projects and, where such violations are established, to consider the relevant enabling conditions and Recovery and Resilience Facility milestones as unfulfilled, thereby suspending further payments until the deficiencies are remedied; calls on the Commission to include recommendations addressing these violations in its annual rule of law report; calls for proper funding for bodies such as the European Public Prosecutor’s Office and the European Anti-Fraud Office to ensure their ability to effectively investigate rule of law breaches affecting the EU’s financial interests; |
Or. en
Amendment 6
Motion for a resolution
Paragraph 31
| Motion for a resolution | Amendment |
| 31. Insists that the measures required for the release of EU funding, as defined by the relevant decisions taken under the Common Provisions Regulation, the Recovery and Resilience Facility Regulation and the Rule of Law Conditionality Regulation4a, must be assessed coherently as an integral package and that no payments should be made while deficiencies persist; believes that the Commission should take further action under the Rule of Law Conditionality Regulation as regards other breaches of the rule of law, such as those related to the judiciary; ______________ 4a Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17, ELI: http://data.europa.eu/eli/reg/2021/241/oj). | 31. Insists that the measures required for the release of EU funding, as defined by the relevant decisions taken under the Common Provisions Regulation, the Recovery and Resilience Facility Regulation and the Rule of Law Conditionality Regulation1a (Conditionality Regulation), must be assessed coherently as an integral package and that no payments should be made while deficiencies persist; believes that the Commission should take further action under the Conditionality Regulation as regards other breaches of the rule of law, such as those related to the judiciary; regrets the Commission’s interpretation that the latter instrument should be used only as a measure of last resort and stresses that it should not be treated as such; recalls that the Conditionality Regulation is recognised as a key tool for protecting the EU’s financial interests against breaches of the rule of law, and that it should be applied whenever its legal conditions are met across the entire EU budget, including performance-based instruments, so that all EU expenditure is subject to rule of law scrutiny; ______________ 1a Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17, ELI: http://data.europa.eu/eli/reg/2021/241/oj). |
Or. en
Amendment 7
Motion for a resolution
Paragraph 32
| Motion for a resolution | Amendment |
| 32. Welcomes the suggestion in the Commission’s proposal for the 2028-2034 multiannual financial framework to make nearly half of funds conditional upon compliance with the rule of law and the Charter before their approval; | 32. Welcomes the suggestion in the Commission’s proposal for the 2028-2034 multiannual financial framework to make nearly half of funds conditional upon compliance with the rule of law and the Charter before their approval; notes that the new proposal introduces horizontal conditions on respecting the principles of the rule of law and the Charter; is concerned about the overlaps with the newly proposed conditionality mechanism in the upcoming multiannual financial framework; calls for a unified, coherent and comprehensive framework across all EU programmes, under the umbrella of the Conditionality Regulation; |
Or. en
Amendment 8
Motion for a resolution
Paragraph 32 a (new)
| Motion for a resolution | Amendment |
| 32a. Stresses that the effective protection of the EU budget also depends on robust financial management and control systems; calls on the Commission to systematically take into account findings from the European Court of Auditors, the European Anti-Fraud Office, the European Public Prosecutor’s Office and national audit authorities when preparing recommendations in the rule of law report to assess rule-of-law-related risks to EU funds; underlines that systemic deficiencies identified by these oversight bodies should be duly reflected in the Commission’s use of budget-protection tools, and that the annual rule of law reports should clearly refer to the findings of these independent bodies, explicitly distinguishing them from the Commission’s own assessments in order to strengthen transparency and credibility; |
Or. en
Amendment 9
Motion for a resolution
Paragraph 32 b (new)
| Motion for a resolution | Amendment |
| 32b. Stresses the need to enhance synergies between the various rule of law tools and their link to the EU budget, as also acknowledged in the State of the Union address by the Commission President, and to strengthen the links between the recommendations in the annual rule of law report and financial support from the EU budget; deplores the lack of detail on how this link is made in the 2025 Rule of Law Report, notably in its recommendations; urges the Commission to translate the country-specific recommendations from its annual rule of law reports into concrete milestones to be systematically acted on by the Member States and, where appropriate, to serve as evidence to justify the activation of the Conditionality Regulation; |
Or. en
Amendment 10
Motion for a resolution
Paragraph 32 c (new)
| Motion for a resolution | Amendment |
| 32c. Emphasises that transparency is vital to ensure that all budgetary tools linked to the rule of law are applied systematically and based on clear criteria; highlights the need for transparent, consistent and predictable implementation across all Member States; is concerned about unclear procedures that may undermine accountability and allow governments to frame fund retention as politically driven; calls on the Commission to set out and publish clear and detailed criteria for assessing the budgetary implications of rule of law deficiencies, including for interruptions, suspensions and the reprogramming of EU funds, and to ensure timely and non-selective decision-making across all Member States; calls on the Commission to include in its annual rule of law reports its findings related to the budgetary implications of rule of law deficiencies, including for interruptions, suspensions and the reprogramming of EU funds; |
Or. en
Amendment 11
Motion for a resolution
Paragraph 32 d (new)
| Motion for a resolution | Amendment |
| 32d. Stresses that a smarter approach is needed to safeguard final recipients and beneficiaries, particularly those who suffer the consequences of rule of law deficiencies, from being affected when EU funds are suspended to their respective governments as a result of rule of law breaches; recalls the obligation of the Member States subject to measures under the Conditionality Regulation to continue honouring all commitments towards final recipients and beneficiaries; stresses that any measures taken to ensure that legitimate final recipients and beneficiaries can continue to access EU funding should not weaken the application of the Conditionality Regulation; |
Or. en