11 Amendments of Mounir SATOURI related to 2023/2866(RSP)
Amendment 23 #
Recital E
E. whereas national enforcement authorities, such as labour and social security inspectorates, and social partners involved in labour and social security inspections, struggle to effectively enforce national and EU law, especially in cross- border situations; whereas effective enforcement requires structured cooperation and information exchanges between Member States and all relevant stakeholders; whereas national enforcement authorities often lack the necessary resources in order to effectively enforce national and EU law, particularly with regard to cross-border co-operation and enforcement;
Amendment 28 #
Recital F
F. whereas the European Labour Authority (ELA) was established with the aim of facilitating cross-border cooperation and the exchange of information between Member States, supporting fair and well- functioning labour markets and welfare systems, fair mobility, effective enforcement and ensuring fair competition in the single market;
Amendment 32 #
Recital G
G. whereas, based on its founding regulation, ELA carries out several tasks: facilitating access to information for individuals, social partners and employers on labour mobility, supporting Member States in promoting cross-border job matching and coordinating the European Employment Services (EURES), facilitating cooperation and the exchange of information between Member States, coordinating and supporting concerted and joint inspections, carrying out analyses and risk assessments on issues related to cross- border labour mobility, supporting Member States with capacity building in the field of labour mobility and tackling undeclared work, and mediating disputes between Member States on the application of relevant EU law;
Amendment 46 #
Recital J
J. whereas social partners may bring cases to the attention of ELA without the necessity to first exhaust domestic enforcement instances; whereas such cases should lead to joint inspections; whereas the timely, systematic and structural involvement of EU, sectoral and national social partners is indispensable in improving the effectiveness of ELA;
Amendment 54 #
Recital K
K. whereas by 1 August 2024, and every five years thereafter, the Commission shall assess ELA’s performance in relation to its objectives, mandate and tasks in compliance with Article 40 of Regulation (EU) 2019/1149; whereas the evaluation of ELA should, in particular, assess whether there is a need to modify its mandate and the scope of its activities, including the expansion of its scope to cover sector-specific needs; whereas the evaluation should also explore further synergies and opportunities to streamline with other agencies in the area of employment and social policy as well as fundamental rights;
Amendment 68 #
Paragraph 2
2. Calls for ELA’s mandate to be substantially strengthened in order to allow it to investigate alleged breaches or non- application of EU law and to initiate and conduct inspections on its own initiative without having to obtain the approval of the Member States concerned; stresses the need to keep national competent authorities informed of any ELA investigation in their jurisdiction and to ensure that national competent authorities provide ELA with any information that it considers necessary for its investigation, without delay;
Amendment 76 #
Paragraph 3
3. Recalls that the scope of ELA is limited to the EU acts mentioned in its founding regulation; notes, however, that the authority is often confronted with sector-specific problems and labour mobility issues related to non-EUthird country nationals; calls, therefore, for its scope to be expanded to include non-EUthird country nationals, to better support Member States in the application of relevant EU law and to explicitly take up sector-specific legislation, for example, in the transport sector; to this end, calls on the expansion of the scope of legislation to all EU directives that involve the regulation of working conditions for migrant workers, such as the Seasonal Workers Directive and the Employers Sanctions Directive;
Amendment 84 #
Paragraph 4
4. Highlights the need to ensure adequate follow-up on concerted and joint inspections supported or facilitated by ELA; calls for effective procedures in order to ensure that detected breaches of national and EU law in the area of labour mobility are properly addressed through administrative or legal procedures in the Member States and should receive dedicated resources in order to be able to effectively pursue cases; underlines that ELA should be able to bring detected breaches in front of a court of the concerned Member State; stresses that cases brought to its attention by social partner organisations shall be thoroughly pursued by ELA; highlights that social partners should be able to request joint or concerted inspections by ELA, should receive information on how ELA is following up on the inspections and should receive a comprehensive justification in the event that the authority rejects a request;
Amendment 93 #
Paragraph 6
6. Calls on the Member States to recognise the added value of cooperating with ELA and to increase resources to ensure that national enforcement authorities have the means and capacity to cooperate with ELA; calls for the need to strengthen the cooperation and participation of Member States with the ELA by moving beyond the voluntary approach and by introducing the comply or explain principle; recalls that national experts seconded by the Member States, including national liaison officers, should help carry out ELA’s tasks and should not be working under the direction or supervision of their Member State; stresses the need to offer EU-level social partners the opportunity to also nominate one liaison officer each;
Amendment 100 #
Paragraph 7
7. Notes the increase in workers from non-EUthird country countries entering the EU labour market, who often find themselves in precarious working conditionsand living conditions, often depending on their employer for housing; underlines that ELA should be empowered to address the situation of non-EUthird country nationals and that close cooperation with Member States and social partners and other relevant civil society organisations, such as those responsible for housing or migration, is needed in this regard; points out that Member States could benefit from ELA’s ability to provide a clear overview of the migration flows of non-EUthird country workers; stresses that ELA should be able to collect and access data related to non-EUthird country nationals and support Member States to better enforce existing labour mobility legislation for the non-EU nationals working in the single marketand other labour migration instruments, such as the Seasonal Workers Directive and Employer’s Sanctions Directive, for the third country nationals working in the single market; deeply regrets that there is a complete absence of support services, such as legal, social and psychological counselling, available where the rights of third-country nationals are breached; to this end calls on the Commission to strengthen the role of ELA in this regard as well as to take other necessary legislative initiatives; further regrets the inadequate enforcement of the rights of third-country nationals due to the absence of firewalls between labour inspectorates and immigration authorities; calls for need to specify that ELA’s tasks extend to tackling this challenge in line with the Charter of Fundamental Rights;
Amendment 107 #
Paragraph 8
8. Points out that exploitative and fraudulent practices by international actors and certain abusive corporate practices, such as letterbox companies are not always easy to identify and tackle at national level; is therefore convinced that ELA could provide added value through operational analyses at EU level with a view to better identifying and exposing problematic practices and involved entities; regrets that the current ELA regulation provides neither a sufficient legal basis for conducting operational risk analyses nor any follow-up procedures; recalls that any infringement of EU law, including in the area of labour mobility, should entail investigations and, where appropriate, dissuasive sanctions;