Activities of Jean Louis COTTIGNY related to 2008/2246(INI)
Reports (1)
REPORT on the implementation of Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community PDF (183 KB) DOC (104 KB)
Amendments (12)
Amendment 28 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Suggests to those Member States in which protection for employees' representatives is traditionally guaranteed by means of an agreement negotiated between trade unions and employers' associations to provide for a high level of subsidiary protection for such employees' representatives should the negotiations fail;
Amendment 29 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 30 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Suggests to the Member States that they should introduce legislative provisions which enable works councils to become shareholders at group level;
Amendment 38 #
Motion for a resolution
Paragraph 8 – point (a a) (new)
Paragraph 8 – point (a a) (new)
Amendment 40 #
Motion for a resolution
Paragraph 8 – point (b a) (new)
Paragraph 8 – point (b a) (new)
(ba) review the scope for employing direct consultation in cases where an elected or trade union representation structure exists, thereby ensuring that employers do not use direct consultation to intervene in matters covered by the right of trade unions to conduct collective bargaining, such as pay,
Amendment 41 #
Motion for a resolution
Paragraph 8 – point (b b) (new)
Paragraph 8 – point (b b) (new)
(bb) lay down arrangements governing performance of the duties of employees' representative in such a way that those duties can be carried out during working hours and remunerated accordingly,
Amendment 54 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that the Member States cannot invoke subsidiarity to justify not meeting their obligation to enact sufficiently severe sanctions to dissuade employers from breaching the directive;
Amendment 55 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Draws attention to the judgment handed down by the Court of Justice of the European Communities on 8 June 19941 establishing the principle that those Member States whose procedural and institutional arrangements are inadequate have an obligation to introduce suitable statutory provisions laying down appropriate administrative and judicial review procedures and appropriate, effective, proportional and dissuasive sanctions against employers who fail to meet their obligations to inform and consult employees; 1 Judgment of 8 June 1994, Commission/United Kingdom (C-382/92, ECR 1994, p. I-2435); judgment of 8 June 1994, Commission/United Kingdom (C-383/92, ECR 1994, p. I-2479).
Amendment 56 #
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls on the Member States, pending a revision of the directive, to draw on the case law of the Court of Justice when laying down administrative or judicial review measures and sanctions against employers who fail to meet their obligations to inform and consult employees;
Amendment 60 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Draws attention to the judgments of the Court of Justice in the Höfner1, Gøttrup-Klim2, Fédération française des sociétés d'assurance3 and Süzen4 cases defining the concept of 'undertaking' at Community level; 1 Judgment of 23 April 1991, Höfner/ Macrotron GmbH, C-41/90, ECR 1991, p. I-1979. 2 Judgment of 15 December 1994, Gøttrup-Klim, C-250/92, ECR 1994, p. I-5641. 3 Judgment of 16 November 1995, Fédération française des sociétés d'assurance, C-244/94, ECR 1995, p. I-4013. 4 Judgment of 11March 1997, Süzen, C-13/95, ECR 1997, p. I-1259.
Amendment 61 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Points out to the Member States that, although doubts persist as to precise definition of the term 'undertaking' in the directive, the case law of the Court of Justice on this matter is comprehensive, and calls on the Member States to refer to that case law in their transposition measures, so as to rule out actions against those measures for irregularity;
Amendment 74 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Takes the view that these amendments should be proposed by means of a 'package' on 'the right of employees to be informed and consulted' with a view to strengthening the coherence of and coordination between these various directives, in particular as regards the workforce size thresholds above which they apply;