26 Amendments of Lucia ĎURIŠ NICHOLSONOVÁ related to 2023/2866(RSP)
Amendment 3 #
Citation 9
– having regard to the motion for a resolution of the Committee on Employment and Social Affairsits resolution on The introduction of a European social security pass for improving the digital enforcement of social security rights and fair mobility (2021/2620),
Amendment 4 #
Citation 9 a (new)
– having regard to its resolution on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (2020/2664),
Amendment 5 #
Citation 9 b (new)
– having regard to Article 45(2) of the TFEU, forbidding any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
Amendment 8 #
Recital B
B. whereas the freedom of movement of workers and the freedom to provide services are two of the four basic freedoms of the EU; whereas theis essential to the proper functioning of the Internal Market, is a key contributor to economic growth across the Union and a fundamental economic asset freedoms are among the main achievements of EU integrator EU regions situated in the periphery as well as border regions;
Amendment 9 #
Recital B a (new)
B a. whereas the mobility of workers can be hampered by an insufficient coordination of social security systems across Member States, whereas weaknesses in the application of workers’ portability of their rights and entitlements in the area of social protection can create protection gaps and disincentivise workers who want to move and work in another member state;
Amendment 11 #
Recital B b (new)
B b. whereas the European Parliament has repeatedly called on the creation of a social security number allowing for an easy identification of the workers, their employment status and social security rights;
Amendment 15 #
Recital C
C. whereas labour mobility creates economic growth and benefits for the whole EU and offers opportunities for workers and undertakings in the single market; whereas ensuring fair mobility and fair competition remains a challenge as a result of the 27 different labour market regimes with national regulations and practices; whereas EU legislation must be duly implemented and enforced in all Member States, not least by addressing skills mismatch across the Union, and labour shortages in certain regions as well as by mitigating the pressure on public finances on regions that might be hit by asymmetric shocks and a rise in unemployment;
Amendment 17 #
Recital C a (new)
C a. whereas ensuring fair mobility and fair competition remains a challenge as a result of the 27 different labour market regimes with national regulations and practices; whereas EU legislation with respect to workers’ labour and social rights must be duly implemented and enforced in all Member States, also as a way to address the challenge of the permanent leave of high skilled and educated people due to numerous reasons leading to population decline and economic downturn;
Amendment 25 #
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 regular and secure information exchanges between Member States and all relevant stakeholders;
Amendment 29 #
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 on labour mobility, supporting fair and well- functioning labour markets and welfare systems, and ensuring fair competition in the single market;
Amendment 37 #
Recital H
H. whereas ELA has not yet reached its full operational potential; whereas ELA’s activities and impact are restricted due to the voluntary nature of the cooperation and participation of Member States; whereas the legal framework of the authority prevents it from carrying out investigations on its own initiative or dealing with labour migration from non-EUthird country countries;
Amendment 41 #
Recital H a (new)
H a. whereas rules and practices on how to carry out labour inspections very significantly across member states, as well as does the cooperation between ELA and national authorities;
Amendment 53 #
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, taking into account the inputs of the authority and national agencies, 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;
Amendment 57 #
Recital L
L. whereas in its resolution of 11 May 2023 on a roadmap towards a social Europe – two years after the Porto Social Summit, the European Parliament underlined the importance of a well- functioning and efficient ELA; whereas Parliament has already called on the Commission to make use of the opportunity presented by the forthcoming evaluation to submit a legislative proposal to review the scope of ELA’s founding regulation and allow it to realise its full potential, especially concerning ELA’s inquiry powers;
Amendment 59 #
Recital L a (new)
L a. whereas labour shortages are on the rise in the EU; whereas EURES has the potential to become a key instrument to foster labour mobility and improve job matching across the EU but its potential is currently not fully tapped; whereas there is an insufficient use by national authorities, employment agencies and social partners of EURES;
Amendment 60 #
Recital L b (new)
L b. whereas undeclared work remains an acute problem in the EU with some sectors, such as in the HORECA sector, construction, tourism, care and household support services sectors, being more at risk than others;
Amendment 61 #
Paragraph 1
1. Calls on the Commission to present a proposal for a targeted revision of ELA’s founding regulation, based on the lessons learned since 2019, with a view to strengthening ELA’s mandate and allowing it to reach its full operational potential; assess ELA’s impact, identifying possible discrepancies between its mandate and its operational capacity as well as areas where ELA’s actions could bring more added value to national authorities in view to promote fair mobility across the Union;
Amendment 64 #
Paragraph 2
2. Calls for ELA’s mandate to be substantially strengthenupdated in order to allow the authority to investigatereinforce its enforcement capacity and to better address alleged breaches or non- application of EU law and to initiate inspections on its own initiative; underlines the importance of additionality of ELA operations vis à vis national enforcement authorities; calls on the Commission to define this notion and determine when ELA can initiate inspections, such as in cases of serious breaches of EU law for which no liability has been identified or when competent national authorities have not followed up to alleged breaches or non application of EU law; stresses the need to keepinvolve 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 78 #
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 upassess the implementation of the sector-specific legislation, for example, in the transport sector or temporary agency work;
Amendment 82 #
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; underlines that ELA should be able to bring detected breaches in front of a court of the concerned Member Stateempowered to initiate administrative and judicial proceedings in cases of serious breaches of EU law for which no liability has been identified or administrative or judicial proceedings has not been initiated by the competent national authorities; 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 if justified by the lack of appropriate actions by national authorities in due time and should receive a comprehensive justification in the event that the authority rejects a request;
Amendment 96 #
Paragraph 6
6. Calls on the Member States to recognise the added value of cooperating with ELAto communicate the benefits of collaborating with ELA to their respective ministries and enforcement authorities, and to promote closer cooperation among each other; 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 98 #
Paragraph 6 a (new)
6 a. Highlights the essential role that EURES could play in addressing labour shortages and skills mismatch in certain countries and regions and enhancing fair mobility; calls on the Commission to make concrete proposals on how ELA could upscale the visibility and effectiveness of EURES, not least by creating a user-friendly system where job seekers and employers could easily find each other via a smart identification of skills; calls on the Commission to update ELA’s mandate accordingly;
Amendment 105 #
Paragraph 7 a (new)
7 a. Regrets that the Commission has not followed up to the European Parlimanet's Resolution 2021/2620 and to its repeated call for a legislative proposal for the creation of a digital EU social security number; reiterates, however, its request to make such a proposal in view to facilitate social security coordination and safeguard fair labour mobility; calls for the conclusion of the negotiations on the 883 Directive by the end of the ongoing legislature;
Amendment 109 #
Paragraph 8
8. Points out that exploitative and fraudulent practices by international actors 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 problematic practices and involved entiat risk sectors, entities and sites of unfair practices; 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;
Amendment 112 #
Paragraph 9
9. Calls for a clear provisions allowing ELA to process sensitive and personal data related to investigations and operational analyses; considers it important that ELA have access to the IMI System and other relevant databases; stresses that ELA also in particularly when cross-border inspections are carried out, while respecting EU legislation on personal data protection, respecting data subject’s fundamental rights and ensuring all necessary safeguards for data protection; considers it important that ELA have access to the IMI System and other relevant databases; stresses that in order to better contribute its services and resources to the needs of Member States and to carry out timely, effective and targeted inspections, ELA needs access to all national data relevant for its work, including findings from past and ongoing inspections or enforcement activities by Member States; calls, in that respect, on the Commission to create an electronic system for effective and timely data and information sharing that should complement ongoing initiatives in the area of digital exchange of information among national authorities;
Amendment 121 #
Paragraph 10
10. Notes that the high proportion of seconded national experts (SNEs) in ELA brings significant additional challengobstacles to its operations in the medium and long term; recalls that SNEs only have temporary assignments, which may contribute to institutional inconsistency as well as difficulties in delivering on ELA’s core tasks and jeopardise operational continuity; calls, therefore, for the conversion of a sufficient number of SNE posts to permanent posts;