| Rank | Name | Country | Group | Speeches | |
|---|---|---|---|---|---|
| 1 |
|
Lukas Sieper | Germany DEU | Non-attached Members (NI) | 390 |
| 2 |
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Juan Fernando López Aguilar | Spain ESP | Progressive Alliance of Socialists and Democrats (S&D) | 354 |
| 3 |
|
Sebastian Tynkkynen | Finland FIN | European Conservatives and Reformists (ECR) | 331 |
| 4 |
|
João Oliveira | Portugal PRT | The Left in the European Parliament (GUE/NGL) | 232 |
| 5 |
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Vytenis Povilas Andriukaitis | Lithuania LTU | Progressive Alliance of Socialists and Democrats (S&D) | 227 |
All Contributions (118)
Commission’s 2021 Rule of Law Report (debate)
Mr President, I would like to thank a lot all the colleagues who have contributed constructively. I think it was a very good debate. Maybe we had some exceptions, but in general, I’m very happy about all the input and the very engaged debate that we have had. And I think that we can clearly see, and a lot of you have given examples for this, that the situation is challenging and that in certain parts it has actually deteriorated. And that is something that we need to strongly keep an eye on, not only in the rule of law report, but also with all the other instruments that we have. Because I believe that, despite this backlash, we can still make it happen to defend the rule of law in the European Union. But for that, we actually need a European Commission that does not only do the paper work well, but that also has the political will and determination to stand up for the rule of law when wind is blowing in their faces. I hope that with the commitment that the Commissioner has just given, we can we can see that happen in the future. Let me take the last of my time to really thank the constructive work that has been put into writing this report, not only the shadow rapporteurs, not only the MEPs, but also the staff, the people from the Secretariat, the APAs. I think we have really pulled this off in a very future—oriented and constructive way, and you have made this report clearer and broader and better. I really believe that this approach that we form overwhelming big majorities from the left to the EPP to stand up for the rule of law in this House is something that has proven to be very successful. We have actually shown that this is not a matter of whether you are a liberal, a Christian democrat or a green, or whether you are from Finland, Spain or from Poland, that this is really something about the fundament of our societies and of the European Union. I believe that this is important because at the end of the day, it is in all of our interests to defend the rule of law, democracy and fundamental rights. Having said that, I hope that we can get a very large and broad majority for this report tomorrow, so I ask you for your support tomorrow.
Commission’s 2021 Rule of Law Report (debate)
Mr President, dear colleagues, some of us, including me, have grown up believing that the global trend towards democracy and freedom only knew one direction – emancipating citizens from authoritarian regimes, strengthening the rights of all people in our societies, making Europe and the whole world a fairer, a more equal and a more democratic place. I must admit, colleagues, that I do not believe that any more, and we do not have to look as far as Moscow to see attempts to undermine rule of law, democracy and fundamental rights, because the rule of law crisis is also happening within our Union – a Union built on values, not just economic cooperation, a Union built on a promise to all its citizens to safeguard their rights and freedoms. But we are not helpless to these attacks on our values – quite the opposite. In the last years, with the clear leadership of this Parliament and many colleagues before me from different political groups and Member States, we have managed to expand the instruments for monitoring, for preventing and sanctioning attacks on the rule of law, democracy and fundamental rights. One of those instruments is indeed the rule of law report of the European Commission, and the European Parliament welcomed the introduction of the rule of law report as a tool to firstly create a common basis, an overview of the situation of rule of law in the Member States. We are happy about the commitment and the energy that a lot of people in the Commission have actually put into making it a reality, and before I come to the very much needed criticism, I would like to give some credit to those people in the Commission who have actually put effort into writing and preparing the reports. But it is also clear that a lot still needs to be done to improve the impact of the rule of law report of the European Commission. First of all, so far the report has mostly been an exercise of description – no doubt an important part, but regarding the urgency of the situation also in the European Union, we need to go beyond that. We want the next report not only to include recommendations, but to suggest very concrete follow—up in cases of non—compliance including, for example, infringement procedures, the rule of law conditionality and Article 7 proceedings. This would not only strengthen the report itself, but would also make the reasoning of the Commission behind how they are planning to defend the rule of law more transparent and comprehensible, not only to this Parliament, but also to the citizens in the European Union. Secondly, regarding the scope, Parliament has always called for a more holistic approach in the assessment. The fact that an illegitimate constitutional tribunal is restricting the reproductive rights of women shows how closely the independence of the judiciary and fundamental rights are interlinked, and this should also be reflected in this report. Thirdly, we want this report to be prepared in an inclusive and transparent way, because civil society organisations, academics and activists, are not ‘nice to have’ input givers, but an absolutely vital part to get full insight into what is happening on the ground. That is why we want NGOs to be able to give input, to make the process of writing and preparing this report more foreseeable – and yes, to create a panel of independent experts to give a much—needed outside view into the preparing of this report. Lastly, let me say this, colleagues. I have learned that rights we have taken for granted can be taken away from us again. I went into politics not only to leave a habitable planet to future generations, but also to make sure that our daughters and granddaughters do not have less rights than we have, but actually more – to enjoy more freedom, equality and more diversity in their lives. The same is true for all of society. I want this report to become a tool to make sure that our democracies thrive, that everyone can feel safe in their rights, and that we build a Union that shows crystal clear not only to the people in Europe, but the whole world, that even – and especially – in times of transformation, conflict and disruption, strong, viable democracies are the future, not authoritarian leaders invoking an imagined ‘better, cleaner’ past, to show clearly that commitment to the rule of law and not the law of the ruler wins the battle, not only in Ukraine, but all over Europe.
The social and economic consequences for the EU of the Russian war in Ukraine - reinforcing the EU’s capacity to act (debate)
Mr President, dear colleagues, dear Commissioner, dear Minister, the President is right – European history will be written in Ukraine. That is why our support for a free European democracy against brutal Russian aggression is paramount right now. It is our historic responsibility to do everything possible to show this solidarity, including hard and far—reaching sanctions, and I’m happy to hear that a deal has been reached on a ban on Russian oil. It is an important next step, but it is certainly not the last one that we will need. While this parliament strongly supports the sanctions, we also already see the negative consequences this war has for Europe. After years of pandemic, we see the economic struggle of many households in the European Union. And our reaction to the pandemic, despite some challenges in the beginning, was based on one of our strongest assets – solidarity. With the Next Generation EU fund we managed to show that we can stand together in times of crisis, and the same – and probably more – is needed now because we all know what Putin is trying to do. He’s trying to divide us, to play Member State against Member States and to count that the social hardship that we will face will dry out our firm support for Ukraine. Putin is trying to divide Europe, to divide our societies. He is counting on our inability to manage this great challenge together. We cannot colleagues, and we will not, let him succeed in this. Let us show that we will face this challenge together, the east and the west of Europe, the north and the south. Let us show that all that he is succeeding in will be to revive the European social model, the promise of a European Union where nobody will be left behind. For that, we will need joint efforts, investments, a solidarity fund to balance out the social inequality. And we will have to proceed in creating a real social safety net on the European level by finally introducing a European minimum wage, closing the gender pay gap and, yes, also a European minimum income. This continent is weakest when it is divided and strongest when it is united. Let us be united against Putin!
Ongoing hearings under Article 7(1) TEU regarding Poland and Hungary (debate)
Madam President, brave people in Ukraine are fighting right now in a brutal war, also to defend freedom and democracy. Ukrainian citizens are fighting for their right to live in a democratic system where the separation of powers means something, where fundamental rights and the independence of the judiciary will be safeguarded. Women are fighting for their own self-determination. LGBTI people are fighting for their fundamental right to be who they are. A record 91% of Ukrainians are supporting the accession to the European Union. Why is that? Because they believe in the values outlined in Article 2 of our Treaties. Because despite the setbacks and the shortcomings that we clearly see in the European Union, apparently we still stand for a promise of democracy, rule of law and fundamental rights. I urge you, colleagues, let us live up to this promise also by being tough about democracy and rule of law inside our own Union. And this does not only need a vocal European Parliament, this most of all also needs Member States to open their mouths and to stand up for the rule of law and democracy. So I can only call on the French Presidency to move on with the Article 7 procedure, not only by hearings, because the next step is very clear. We need binding recommendations with clear timelines to protect the rule of law and fundamental rights inside of our common Union.
The deterioration of the situation of refugees as a consequence of the Russian aggression against Ukraine (debate)
Mr President, yesterday I arrived at the main station in Berlin and, when I walked up the stairs, just like in so many other places in Europe right now, I could already see the stalls, the info desks and the many, many volunteers in their neon vests who were welcoming refugees there. And I could see the people, many of them loaded with bags, a lot of children indeed, who had arrived with tired faces, exhausted from a long journey, anxious and worried. And I thought to myself, is it not that in these tired and exhausted faces, we can actually see the meaning of this Union? In these faces – and I want to say it very clearly – no matter whether their skin is white, brown or black, no matter whether their gender actually matches the markers in their documents, in these faces, the promises of this Union are reflected because this Union was built to create peace. This Union was built to defend humanity, freedom and democracy, and this Union was built to defend the rule of law against the law of the ruler. Let us live up to these promises. We have failed so many people before. Let us not fail again. Not now and not in the future.
The Rule of Law and the consequences of the ECJ ruling (debate)
Madam President, 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. No secret agenda, no additional obligation, just plain and simple, what all Member States agreed on; in fact, what makes the European Union. Yes, the European Union is not just a single market, but a Union of values, and this applies to all aspects of this Union, including the budget. For me, it is hard to understand that people don’t get that. This fundament is not only a clear commitment and promise between the Member States, but it is first and foremost a commitment and promise to our citizens. And whether you live in Finland, in Spain, in Poland or in Ireland, you have to be able to fully rely on that and you have to know that the EU institutions will defend this. The Commission shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties and of measures adopted by the institutions pursuant to them. You are the guardians of the Treaties. But right now you look more like the masterminds of delaying tactics and avoiding responsibility, Mr Commissioner. Now you come back with guidelines. Now, after these many months. Power comes with responsibility and you are neglecting this responsibility. You are failing, not only in the duties that stem from the Treaties, but you are failing millions of EU citizens that have put trust in you, that count on you. The European Parliament cannot and will not let that stand. We have to do something. And that will also mean considering the postponement of the discharge of the Commission until you no longer fail the responsibility to protect this Union and its citizens.
Sexual and Reproductive Health and Rights in the European Union (topical debate)
Madam President, Secretary of State, ! Commissioner, ladies and gentlemen! For years, we have been witnessing massive attacks on the right to sexual self-determination in Europe – an authoritarian , trying to challenge our right to our own bodies. But besides all these attacks, there is also light in the darkness, not only in Ireland, but finally in Germany. I want to make it very clear again here, because I very often encounter surprise and incomprehension when I explain this – especially French colleagues: In Germany, abortions are still regulated in the Criminal Code. Abortion is only punishable under certain preconditions, but still not decriminalized. So far, doctors can even be prosecuted if they publish information about abortions on their websites. This information ban, Section 219a, was reintroduced by the Nazis in 1933. What was behind it, many can probably think. Now – this week – finally, finally, finally, after many years of hard struggle – the replacement of paragraph 219a has finally been initiated. Of course, this is not the last step on a long road, but I think it is still an important signal, because the debate on sexual and reproductive rights in Germany is lagging far behind many other EU Member States. We finally need progress on sexual self-determination in Europe again, because for years, if we are honest, we have often fought a defensive fight. The aim of feminist movements must be to move forward. Therefore: Thank you to the many activists, to the doctors, especially Kristina Hänel, the lawyers and the many, many other people who have worked tirelessly for the deletion of this paragraph. Be sure, this Parliament is clearly by your side! Now it must continue until the old demo slogans finally become a reality everywhere in Europe: ‘My stomach is mine’, ‘My body – my choice’.
MeToo and harassment – the consequences for the EU institutions (debate)
Mr President, ‘Me Too, yes, also I have been sexually harassed’. These were the words I started my speech with four years ago. When reports of sexual harassment also from inside of this house came to the surface, when millions broke the silence of what had been considered something you just have to be able to deal with beforehand. And yes, Me Too did change a lot. We now have a completely different conversation from what we had four years ago, but it did not change enough. Still, cases of sexual harassment and sexual assault and not taken seriously. Still, conviction rates, even of rape, are ridiculously low. And we have a backlash against women’s rights in full swing. And also here in this Parliament, our common House of European Democracy, issues have been talked down and urgently needed measures have still not been implemented. Like, for example, mandatory trainings or a fully independent audit of the situation. The European Parliament indeed stands for more than just itself. The fact that the Presidents of this House have still not managed to implement all of these reforms is simply a shame. I was told back then that I would damage the reputation of the European Parliament if I spoke up too loud and too clear about the problems with sexual harassment and the necessary reforms in this Parliament. Well, here’s the thing: neither I nor the many women who raised their voices about sexual harassment or were damaging this House; quite the opposite. It is the people who have covered this up. The people who slowed down the process of changing things who are damaging this Parliament. But here’s to you. Time’s up.
Plans to undermine further fundamental rights in Poland, in particular regarding the standards of the European Convention of Human Rights and Sexual and Reproductive Health and Rights (debate)
Madam President, patriarchy has always hated women. That is why we had to fight for every single millimetre to have control over our own bodies. That is why we still have to waste so much energy just to get what should actually be obvious: our body, our rights. Let us be clear: this whole debate has nothing to do with avoiding abortions. It is all about controlling women’s bodies. It is about the exercise of power. The latest proposals in Poland again speak volumes about this. The battle over our bodies and our lives is on again, unfortunately, and we can already see the consequences. Two women died in Poland just this year. We can already see the chilling effect it has on doctors who did not perform abortions despite the fact that the foetuses were dying, posing a threat to the women’s lives. We will never be silent about tragedies like this, no matter how long it takes. We stand with everyone who defends freedom and fundamental rights.
State of play of the RRF (Recovery and Resilience Facility) (debate)
Madam President, an illegitimate constitutional tribunal that undermines fundamental rights, that attacks the primacy of EU law, and that now declared that the right to a fair trial, as laid out in the European Convention on Human Rights, does not apply to Polish citizens. Judges being suspended for applying EU law. Prosecutors moved to the other end of the country simply for doing their job. I mean, it is pretty obvious by now that Poland does not have a functional independent judiciary any more, and the Commission obviously knows all this. It must, because otherwise it would already have greenlighted the RRF funds going to Poland. The big question remains. If an independent judiciary is a precondition for receiving RRF funding, why does this not apply to all EU funding? Why has the European Commission not yet triggered the rule of law conditionality? I guess that it is because the European Council a while ago wrote something into some document. Let me remind you of this, Commissioner. Not the European Council, it’s the EU institutions supervising the Commission. It is this House, the European Parliament.
European framework for employees' participation rights and the revision of the European Works Council Directive (debate)
Mr President, ladies and gentlemen. Right-wing parties like to present themselves as the voice of the little people: against the lofty bureaucrats in Brussels and the hip big city chess. But if the little people themselves are to have a voice, if workers are to be involved in the huge transformation decisions of the economy that are currently in front of us, then suddenly we hear completely different sounds. Many workers still have no or limited opportunity to really influence company decisions. At the same time, we have to take everyone with us, especially in phases of upheaval, as we do now. To this end, it is crucial to strengthen democracy at work across the EU. Instead of telling people the fairy tale that just everything stays the way it is right now, they need to be better involved. Comprehensive information, consultation and codecision rights – in works councils and management bodies. We are facing massive upheavals in the way we work and produce. Digitization processes, but also climate change, will drastically change our society and the world of work. And: No, climate protection and good, reliable jobs are of course not incompatible, quite the contrary. The transformation towards a sustainable economy creates new jobs, especially in the industrial sector. But: Yes, this can only be done with change and restructuring. And this is exactly what workers need to be fully involved in. And the European Union can and must play a role in this and create frameworks, especially when it comes to cross-border co-determination. And last, but not least: Of course, this should involve all workers, not just half of them. This is precisely why we advocated gender parity in this report, because women deserve half the power in politics, but of course also in the world of work. I would like to thank the rapporteur for the good cooperation. Commissioner, we can do a lot for a more social Europe, for democracy and participation in the workplace: ‘let's do this“.
The Rule of law crisis in Poland and the primacy of EU law (debate)
Mr President, dear Prime Minister, dear colleagues, dear Commission President. Mr Morawiecki, despite what you have been saying today, I must admit that I have to ask myself the question after what happened in Poland in the last weeks and months, whether on 7 October, when this ruling was proclaimed by the Constitutional Tribunal, you actually did not secretly open a bottle of champagne together with Vladimir Putin. Because seriously, when I look at the situation, political vision and political agenda, I see a lot of similarities between Putin and what your government is doing. What you are trying to do is to convert Poland into an authoritarian state with weak democratic institutions and weak enforcement of fundamental rights of its citizens. And you seem to be sharing another political aim with Vladimir Putin. And that is a weak and disunited European Union. But let me break it to you, let me break it to you. The majority of the Polish citizens disagrees with you. The majority of the Polish citizens – and they have shown that beautifully last weekend – they want to live in a strong Poland, in a strong European Union based on rule of law, fundamental rights and democracy. And we salute these people in Poland. And it shouldn’t be here in the European Parliament that this is addressed to you. It should be you, Mr Prime Minister, who speaks to your citizens, who speaks to your judges – some of them I hear on the tribune today – to your prosecutors, to your civil society organisations, speak to them and listen to them. They want to live in a country based on rule of law, with an independence of the judiciary, with separation of powers and with fundamental rights. And I must say I find it unbearably painful sometimes to say so many obvious things again and again in these debates. But yes, obviously, Polish citizens are EU citizens and they are protected by EU law, and it is not a nice-to-have luxury for the European Commission to protect their rights. It is the duty of the European Commission to protect their rights. And lastly, I would like to say one thing, because I think this has been confused a lot in this debate. There is no conflict. There is no disagreement between the Polish Constitution and the EU treaties on the subject matter that we are debating, on rule of law and separation of power or the independence of the judiciary. They are completely in line there. So please, Mr Prime Minister, bring Poland back on a path to rule of law, implement the ECJ rulings as demanded and do what your citizens demand you to do: bring Poland back really to the heart of Europe.
The state law relating to abortion in Texas, USA
Mr President, a couple of years ago, I watched a documentary, it’s called ‘Trapped’, and actually, I recommend you watch it too. It’s about the situation of access to abortion in the US, and this was from before these kind of laws were passed. And there is one scene that I will never forget, it is a healthcare worker describing the situation, when a woman is calling the abortion clinic that she’s working in. And this woman says: I’m pregnant. Nobody can know. I cannot come to the clinic right now, it’s too far away. I don’t have enough money, but I can tell you what I have in my kitchen cabinet. And then can you help me to perform an abortion over the phone? This situation is something that we will see happen again if we do not make sure that there is access to abortion across the board. This law in Texas, and none of the crazy laws that have been passed over the last years, will actually prevent abortions from happening; what these laws prevent from happening are safe and legal abortion. And this is why we have to make clear that laws like this are called what they are: they are barbaric, and they are putting women in exactly these situations. And some of you might say, well, OK, this is happening far away, this is happening in the US, they don’t have their religious fundamentalists under control. Well, look at the situation in Europe. Look at what has happened over the last years. We have exactly the same problems here. So, we need to have global solidarity in defence of women’s rights, in defence of sexual and reproductive rights – our bodies, our rights – everywhere in the world.
The situation in Belarus after one year of protests and their violent repression (debate)
Mr President, what is the most powerful weapon that dictators and autocrats have? It is not the tear gas they use or the water cannons, or even the machine guns of their brutal police forces. It is oblivion. People like Lukashenko want us to stop caring. They want us after months and months and months to turn a blind eye, to look away and not look at what is happening in Belarus anymore. Maria Kolesnikova was illegally detained more than a year ago. Last month, she was illegally convicted, once again, to 11 years in prison. Maria is 39 years old. If this madness is not going to be stopped, she’s going to be 50 by the time that this sentence is over, and even if our message today cannot reach her directly right now, as she is in prison, let us make sure that it’s going to reach Lukashenko. This Parliament will not stop caring. This Parliament is not going to look away, and this Parliament is not going to forget what has happened in Belarus. We will continue to stand in solidarity with the democratic opposition in Belarus.
Identifying gender-based violence as a new area of crime listed in Article 83(1) TFEU (continuation of debate)
Madam President, Every day a man in Germany tries to kill his partner or ex-partner. Every third day it happens. Every third day a femicide takes place in Germany alone. These are not family dramas or even murders for love. These are brutal patriarchal crimes that do not fall from the sky but thrive in a society where women are still subjected to constant sexism and violence. I was elected to this Parliament seven years ago, and I can no longer count how many times I have heard since then: Yes, violence against women is bad, but it is not the task of the European Union to take action against it. The time of excuses just has to be over. If you want equality, if you really take the promise of equality of the European Union seriously, you know very well: Equal rights are pure illusion, as long as we do not stop this conflagration of violence against women. And for that, we need the full implementation of the Istanbul Convention, an EU directive against gender-based violence. And yes, we finally need governments in the Member States that take this problem seriously and address it in concrete terms.
Media freedom and further deterioration of the Rule of law in Poland (debate)
Madam President, Igor Tuleya, Ewa Wrzosek, Beata Morawiec: these are just three of the many people who have been targeted by the Polish Government over the past years. They were targeted because they were trying to defend rule of law, democracy, media freedom and fundamental rights. They were targeted because they were trying to defend EU values, EU law and everything that the EU stands for. They very clearly show that the rule of law, the separation of powers and the independence of the judiciary are not abstract concepts. Behind these concepts there are stories of people. They have names, they have faces and their life realities are at stake here as well. These people were in the forefront of the struggle for the rule of law. They stood up to defend EU values in Poland and, when they became targets, they waited for a determined response from the European Union. They waited and they waited some more. They were dragged in front of unlawful courts. They were the targets of smear campaigns, of hate and of threats. After waiting and waiting and waiting, finally – finally – the Commission seems to have changed its mind and is ready for more decisive action right now. From now on, the stories of the people who stood up for EU values, their names and their struggles, should be at the centre of the EU’s response because this is not an abstract battle of lawyers. The struggle for rule of law matters in every single citizen’s life, and the people who defended our rights and our freedoms deserve not only our solidarity, they deserve our praise and our protection.
Breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the adopted legal changes in the Hungarian Parliament - The outcome of 22 June hearings under Article 7(1) of the TEU regarding Poland and Hungary (debate)
Mr President, Minister, dear Commissioner, dear colleagues, when I wake up next to my girlfriend in the morning and I’m filled with happiness and gratitude, I sometimes ask myself, how can you hate that the two of us love each other? When I see beautiful pictures from gay weddings I ask myself, how can you hate this kind of joy? And when I see a young trans person living a life as their true, authentic self, I ask myself, how can you hate someone just for wanting to be who they are? In Europe today we are faced with a choice, a choice between a Europe of freedom, of equality and diversity, where I can love and care for my girlfriend, where two men can get married and where a young trans woman can live her life without being afraid of violence or discrimination. And a Europe of hatred and oppression, driven by Orbán and Kaczyński and other people on this continent, where governments sponsor homophobic campaigns to cover up their systemic corruption, where our community is used as a distraction from the blatant failures of government politics. Now some of you might say, well, but this is only affecting a small part of the population because you are after all only a minority. But actually this is not true. It affects all of us. All of our freedoms are at stake here. And they might attack us first and in the most aggressive way but in the end this is about freedom of expression for all of us. This is about the fundamental rights of all of us, and this is about democratic principles for all of us. And between a Europe of freedom and a Europe of hatred and oppression, the choice is very clear. We choose freedom, we choose equality, we choose democracy. And we choose a European Commission that will stand up for this freedom, for the freedom of trans people in Hungary, for the freedom of judges in Poland, for the freedom of everyone in the European Union to love who they want to love and to be who they are. (Applause)
The creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget (debate)
Mr President, Parliament has again and again been pretty clear. First of all, the development of these guidelines for the regulation is actually not necessary as it is sufficiently clear as it stands. Secondly, the guidelines presented by the Commission unfortunately have little, or very little, additional value to clarification. Thirdly – and I must say this, Commissioner – suspicion is actually high that the Commission is fully aware of this, but presented these guidelines anyway to buy some time. Commissioner, I must say that I think we really need to end these theatre plays. We don’t need more delaying tactics, and we don’t need statements or Commissioners being very concerned about the situation of the rule of law in the European Union. We need action, and it is not me saying it. Check the committee votes. Apart from the far right in this Parliament, all groups agree. So, Commissioner, take this as a strong appeal. I can only support my colleagues in saying, come back from the summer break with a strong case on the basis of this regulation.