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The European Parliament has published a completed Resolution on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights.
The topic subject is based on Medicine, Deceases and the Fundamental, human right on democracy in general.
Friday ,13 November 2020.
The result and completion of the resolution came after a debate in the parliament on November 12. 2020. The information below is taken from the European News:
Parliament warns against “risk of abuse of power” and calls on the Commission to step up its efforts by taking legal action where necessary.
On Friday, Parliament adopted a resolution that takes stock of the state of European democratic values in the context of national measures to tackle the COVID-19 pandemic, with 496 votes to 138 and 49 abstentions.
In Thursday’s debate with Justice Commissioner Didier Reynders, almost all speakers expressed concerns regarding the rights of citizens and vulnerable groups in a number of EU countries where state of emergency measures have been taken.
Uphold democratic principles and fundamental rights
In the resolution, Parliament points out that emergency measures pose a “risk of abuse of power” and stresses that they must be necessary, proportional and of a temporary nature when they affect democracy, the rule of law, and fundamental rights. National governments should “not abuse emergency powers to pass legislation unrelated to the COVID-19 health emergency”.
Furthermore, members call on EU countries to;
Quote
The rapporteur Juan Fernando López Aguilar (S&D, ES), stated: “This pandemic is turning out to be the worst crisis in the history of the European Union. Nevertheless, the European Parliament is fulfilling its duty towards citizens by fighting for their rights and freedoms, especially where governments are using the pandemic as an excuse to attack EU values. The Commission and the member states must step up their efforts to uphold fundamental rights, democracy and rule of law during this crisis and ensure that governments uphold democratic principles in their measures”.
Some extracts from the resolution calling on member states to:
4. Calls on the Member States:
| – | to consider exiting the state of emergency or otherwise limiting their impact on democracy, the rule of law and fundamental rights, | |
| – | to evaluate the constitutional and institutional rules in force in their domestic orders in the light of the Venice Commission recommendations, for instance by moving from a de facto state of emergency based on ordinary legislation to a de jure constitutional state of emergency, hence providing for better guarantees of democracy, the rule of law and fundamental rights in the event of an emergency(48); to explicitly define in a legislative act, where a de facto state of emergency is maintained, the objectives, content, and scope of the delegation of power from the legislature to the executive, | |
| – | to ensure that both the declaration and possible prolongation of the state of emergency, on the one hand, and the activation and application of emergency powers, on the other hand, are subject to effective parliamentary and judicial control, both internal and external, and to ensure that parliaments are entitled to discontinue the state of emergency(49), | |
| – | to ensure that, if legislative powers are transferred to the executive, any legal acts issued by the executive be subject to subsequent parliamentary approval and cease to produce effects if they do not secure such approval within a certain period of time(50); to address the excessive use of accelerated and emergency legislation, an issue also pointed out by the Commission in its 2020 Rule of Law Report (COM(2020)0580), | |
| – | to examine how better to guarantee the central role of parliaments in situations of crisis and emergency, in particular their role in monitoring and controlling the situation at national level, | |
| – | to consider the Venice Commission’s view that parliaments need to hold their plenary sessions and that they should not allow the temporary replacement of members or reduce their attendance (even if proportionally)(51); | |
| – | to examine the Venice Commission’s reflections on elections and look into the possibility of using remote voting methods such as postal voting, internet voting, mobile ballot boxes and proxy voting, as well as early voting, in particular in the event of a pandemic; |
5. Calls on the Member States to enforce the COVID-19 related measures with due regard to the proportionality of the enforcement measures; affirms that the enforcement of COVID-19 related measures needs to respect EU fundamental rights and the rule of law and considers that equal treatment of persons is crucial in that regard;
6. Calls on the Member States to evaluate the measures they have implemented which have restricted freedom of movement and to exercise the utmost restraint and ensure full respect for EU law, in particular the Schengen Borders Code and the Free Movement Directive, when considering imposing new restrictions on freedom of movement; recalls that, according to the Schengen Borders Code, the assessment of the necessity for internal border control and its prolongation when introduced as an immediate action should be monitored at Union level; calls on the Commission in that respect to exercise appropriate scrutiny over the application of the Schengen acquis, and in particular to assess the measures already taken by Member States, as well as the timeliness and quality of notifications made by the Member States, to closely monitor developments and, where necessary, to remind Member States of their legal obligations and adopt opinions; encourages the Commission to make use of its prerogatives to request additional information from Member States; calls on the Commission to enhance its reporting to Parliament on how it exercises its prerogatives under the Treaties; recalls the importance of further integration of the Schengen area, based on the Commission’s evaluations and recommendations;
7. Calls on the Member States to respect the right to family life, in particular of families living and working across different Member States and beyond, and only to allow for restrictions where strictly necessary and proportionate; calls on the Member States to allow for the reunification of couples and families separated by COVID-19 related measures, regardless of their marital status, and to refrain from imposing unnecessarily high standards of proof of the relationship;
8. Calls on the Member States to restrict the freedom of assembly only where strictly necessary and justifiable in the light of the local epidemiological situation and where proportionate, and not to use the banning of demonstrations to adopt controversial measures, even if unrelated to COVID-19, that would merit a proper public and democratic debate;
9. Insists that Member States refrain from adopting measures that would have a profound impact on fundamental rights, such as women’s sexual and reproductive rights, especially in a situation where public health concerns do not allow for due democratic debate and safe protest, forcing protestors to endanger their health and lives in order to defend their rights;
