15 Amendments of Margarita DE LA PISA CARRIÓN related to 2023/2866(RSP)
Amendment 2 #
Citation 8 a (new)
– having regard to Articles 79 and 151 of the Treaty on the Functioning of the European Union;
Amendment 10 #
Recital B a (new)
B a. whereas the Union and the Member States, in the development of their social policy, take account of the diverse forms of national practices;
Amendment 14 #
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;
Amendment 20 #
Recital D
D. whereas the European Pillar of Social Rights, proclaimed in Gothenburg in 2017, sets out 20 principles and establishes a social rulebook towards a strong, social Europe that is fair and inclusive; whereas equal opportunities and access to the labour market, fair working conditions and social protection and inclusion are cornerstones of the EU anchored in the Treatiein the Rome agenda, based on the principles of sustainable growth and the promotion of economic and social progress, as well as cohesion and convergence, while upholding the integrity of the internal market and taking into account the diversity of national systems and the key role of social partners;
Amendment 26 #
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;
Amendment 38 #
Recital H
H. whereas ELA has not yet reached its full operational potential; whereas ELA’s activities are restricted due toly on 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 39 #
Recital H a (new)
H a. whereas the Union's common immigration policy must ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States, and the prevention and combat of illegal immigration; whereas it is the right of Member States to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, whether employed or self-employed;
Amendment 67 #
Paragraph 2
2. Calls for ELA’s mandate to be substantially strengthened in order to allow it to investigateinclude the assessment of 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 investigin cross-border labour mobility situations, in their jurisdiction and to ensure that national competent authorities provide ELA with any information that it considers necessary for its investigation, without delaycooperation with national competent authorities, which retain the competence to investigate and inspect in their jurisdiction;
Amendment 80 #
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-EU nationalsthird country nationals holding a residence and a work permit granted by a Member State, 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;
Amendment 87 #
Paragraph 4
4. Highlights the need to ensure adequate follow-up on concerted and joint inspeactions 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; stresses that cases brought to its attention by social partner organisations shall be thoroughly pursued by national competent authorities, in collaboration with ELA; highlights that social partners should be able to request joint or concerted inspeactions by ELA and should receive a comprehensive justification in the event that the authority rejects a request;
Amendment 92 #
Paragraph 5
5. Calls for the timely, systematic and structural involvement of EU, sectoral and national social partners to improve the effectiveness and efficiency of ELA; calls on national competent authorities to cooperate more closely with their national social partners in this regard;
Amendment 97 #
Paragraph 6
6. Calls on the Member States to recognise the added value of cooperating with ELA; 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 ontheir respective liaison officer eachs;
Amendment 102 #
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-EU nationalsthird country nationals with a residence and a work permit granted by a Member State, 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 legislation for the non-EUthird country nationals working in the single market;
Amendment 114 #
Paragraph 9
9. Calls for a clear provision allowing ELA to process sensitive and personal data related to investigations and operational analyses in cooperation with national authorities; considers it important that ELA have access to the IMI System and other relevant databases; stresses that ELA also needs access to all national data relevant for its work, including findings from inspections or enforcement activities by Member States;
Amendment 122 #
Paragraph 10
10. Notes that the highcurrent proportion of seconded national experts (SNEs) in ELA brings significant additional challenges to its operations in the medium and long termshould be assessed by the European Commission; recalls that SNEs only have temporary assignments, which may contribute to institutional inconsistency and jeopardise operational continuity; calls, therefore, for the conversion of a sufficient number of SNE posts to permanent posts if the assessment so recommends;