Activities of Proinsias DE ROSSA related to 2007/2264(INI)
Plenary speeches (2)
Special Report from the European Ombudsman following the draft recommendation to the European Commission in complaint 3453/2005/GG (debate)
Special Report from the European Ombudsman following the draft recommendation to the European Commission in complaint 3453/2005/GG (debate)
Reports (1)
REPORT Report on the Special Report from the European Ombudsman following the draft recommendation to the European Commission in complaint 3453/2005/GG PDF (156 KB) DOC (89 KB)
Amendments (8)
Amendment 14 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks the Commission to provide a list naming the Member States whose legislation is not in line with all provisions of the Working Time Directive and specifying the action it is taking with regard to this; urges the Commission to take prompt action against those Member States which continue to be, in accordance with its prerogatives, in all cases and in all Member States where the transposition or implementation of the directive does non-t complianty with the law laid down by the legislature and by the Court of Justice;
Amendment 15 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Underlines the conclusion of the European Ombudsman that the failure of the Commission to deal with the petitioner's complaint over a period objectively established as several years' unjustified delay constitutes ineffective administration;
Amendment 16 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Agrees with the European Ombudsman that the Commission should deal with the petitioner's complaint as rapidly and diligently as possible;
Amendment 17 #
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Considers that the instant case may constitute an abuse of the discretion that the Commission enjoys when interpreting its obligations under Article 211 of the EC Treaty, which confers on it the role of guardian of the Treaties, in that the Commission so far exceeded the discretionary power it accorded itself in its Communication on better monitoring of the application of Community law (COM(2002)0725) that it could be regarded as having acted in an arbitrary fashion rather than in the exercise of its discretion;
Amendment 18 #
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Also stresses that Community law must be applied as it stands unless and until it is amended by subsequent legislation, and that, consequently, no proposal for amending legislation by the Commission can create a legislative lacuna (vacatio legis), which, in effect, was the Commission’s justification for its failure to act in the instant case;
Amendment 19 #
Motion for a resolution
Paragraph 17 e (new)
Paragraph 17 e (new)
17e. Notes that no account was taken of the introduction, on 1 January 2004, of German legislation which nevertheless contained a transitional provision concerning the existing collective agreements allowing derogations from the Working Time Directive until 31 December 2005, a deadline subsequently extended to 31 December 2006 by a decision of the German Bundesrat; expresses its surprise at this state of affairs and emphasises that the Commission must examine the German legislation and all collective agreements containing exemptions to working time legislation in order to assess whether the Working Time Directive is being implemented thereby;
Amendment 20 #
Motion for a resolution
Paragraph 17 f (new)
Paragraph 17 f (new)
17f. Notes that the instant case is one example of the systematic failure and difficulties encountered by various Member States in complying with the basic provisions of the Working Time Directive, as can be seen from the Extended Impact Assessment (SEC(2004)1154) which the Commission produced before embarking on the planned review of the Working Time Directive; reminds the Commission that further complaints have been addressed to the Ombudsman regarding the failure of other Member States to comply with the Working Time Directive;
Amendment 21 #
Motion for a resolution
Paragraph 17 g (new)
Paragraph 17 g (new)
17g. Also urges all the Member States, in the light of the foregoing, to apply faithfully all the rules relating to health and safety at work on the basis of the principle that, in the event of any doubt, the interpretation of the law which is most favourable to the health and safety of workers should prevail (in dubio pro operario);