13 Amendments of Estrella DURÁ FERRANDIS related to 2023/2866(RSP)
Amendment 31 #
Recital G
G. whereas, based on its founding regulation, ELA carriesshall contribute to ensuring fair labour mobility across the Union and assist Member States and the Commission in the coordination of social security systems within the Union; whereas the authority shall carry out several tasks in this regard: facilitating access to information for individuals and, employers and social partners 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 48 #
Recital J
J. whereas social partners may bring cases to the attention of ELA with a view to initiating cross-border inspections; whereas the timely, systematic and structural involvement of EU, sectoral and national social partners is indispensable in improving the effectiveness of ELA;
Amendment 58 #
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, 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 inquiryvestigation powers;
Amendment 65 #
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 inspections on its own initiative; 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; recalls the importance of ensuring that ELA and national competent authorities effectively cooperate with social partners, respecting their autonomy, rights and prerogatives in accordance with national industrial relations systems;
Amendment 77 #
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-EUissues related to migration instruments under Union and national law related to third 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 transportsector, the construction sector and the agriculture sector;
Amendment 85 #
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 State and to recover unpaid wages and social security contributions; 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 and receive follow-up information on the proceedings; stresses that social partners should receive a comprehensive justification in the event that the authority rejects a request;
Amendment 89 #
Paragraph 4 a (new)
4 a. Urges ELA to prioritise cross- border law enforcement and controls to tackle cross-border fraud and labour crime cases; emphasises the need to bolster support for national authorities and sectoral social partners in the cross- border collection of fines and recovery of unpaid wages;
Amendment 91 #
Paragraph 5
5. Calls for the timely, systematic and structural involvement of EUnion, sectoral and national social partners in the elaboration and execution of the authority’s activities to improve the effectiveness of ELA; calls on national competent authorities to cooperate more closely with their national social partners in this regard;
Amendment 94 #
Paragraph 6
6. Calls on the Member States to recognise the added value of cooperating with ELA; recall and to provide sufficient resources to national enforcement authorities and ensure efficient structures and controls; recalls the key role of national liaison officers to facilitate the cooperation between Member States and ELA; underlines 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 103 #
Paragraph 7
7. Notes the increase in workers from non-EUthird countries entering the EU labour market, who often find themselves in precarious working conditions; 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 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 and labour migration legislation for the non-EUthird country nationals working in the single market;
Amendment 108 #
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 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 breach or infringement of EU law, including in the area of labour mobility, should entail investigations and, where appropriate, dissuasive sanctions;
Amendment 111 #
Paragraph 8 a (new)
8 a. Calls for a public list published by ELA of companies that have been sanctioned for breaches of relevant Union and national law in the area of labour mobility, which would have a deterrent effect and contribute to fair labour mobility;
Amendment 117 #
Paragraph 9 a (new)
9 a. Stresses the need for an efficient cooperation between Union agencies in order to create synergies;