Activities of Marie PANAYOTOPOULOS-CASSIOTOU related to 2007/2264(INI)
Legal basis opinions (0)
Amendments (12)
Amendment 2 #
Draft opinion
Paragraph 1
Paragraph 1
1. Agrees with the European Ombudsman that the Commission should deal with the petitioner's complaint as rapidly and diligently as possible after six years' unjustified delay;·
Amendment 3 #
Motion for a resolution
Recital F
Recital F
Amendment 3 #
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that this case may constitute an abopportunity to make use of the discretion the Commission enjoys when interpretfulfilling its obligations as guardian of the Treaties under Article 211 of the EC Treaty, which confers on the Commission the role of 'guardian of the Treaties', in that the Commission so far exceeded the discretionary power it accorded itself in its Communication on Better Monitoring of the Application of Community Law (COM(2002)0725) that in this instance it might be regarded as having acted in an arbitrary way rather than having exercised its discretion;
Amendment 4 #
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 4 #
Draft opinion
Paragraph 3
Paragraph 3
3. Also stresses that Community law must be applied as it stands unless and until it is amended by subsequent legislation, and consequently no. Any proposal for amending legislation by the Commission can createwhere it discovers a vacatio legis, whichmay in effect isbe the justification the Commission gave for its failure to act in the present casefor a delay in dealing with the allegations;
Amendment 5 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that that proposal was submitted in September 2004 and that there is no evidence that the Commission has taken any further steps since then in order to proceed with its investigationrecalls the position of the European Parliament in first reading on 11 May 2005 on amending Directive 2003/88/EC concerning certain aspects of the organisation of working time;
Amendment 6 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Draws attention to the introduction of German legislation (1 January 2004) which contains transitional provisions regarding existing collective agreements permitting derogations from Directive 2003/88/ΕC up to 31 December 2005, a deadline changed to 31 December 2006 following a decision by the Bundesrat; stresses that the Commission should examine this legislation and all collective agreements containing derogations from legislation regarding working time and evaluate whether Directive 2003/88/ΕC is being implemented in them;
Amendment 6 #
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that this case is only one - and not the most serious - example of the systematic failuis one example of the difficulties encountered by various Member States toin complying with the basic provisions of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time12, as can be seen from the Extended Impact Assessment (SEC(2004)1154) which the Commission produced before embarking on the planned review of the directive in question; 1 OJ L 299, 18.11.2003, p. 9. 2 OJ L 299, 18.11.2003, p. 9.Or. el
Amendment 7 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 8 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges that the Commission has discretionary powers with regard has discretionary powers with regard to all phases in the management of to all phases in the management of complaints and infringement complaints and infringement proceedings, including the pre- proceedings, including the pre- litigation phase; is of the opinion, litigation phase; is of the opinion, however, that those powers should not however, that those powers should not exceed the limits indicated by the exceed the limits indicated by the Commission itself in its Commission itself in its Communication and considers that Communication; the Commission's failure to reach a definite decision on the complainant's infringement complaint cannot be justified by its discretionary powers;
Amendment 8 #
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission, in the light of the foregoing, to take action, in accordance with its prerogatives, in all cases and in all the Member States where the transposition or implementation of the directive does not comply with the law laid down by the legislative branch and the Court of Justice of the European 1 Communities;to support the amendment to the above directive (Commission proposal COM(2004)0607) and the position of the EP at first reading on 11 May 2005 regarding the amendment of Directive 2003/88/EC concerning certain aspects of OJ L 299, 18.11.2003, p. 9 the organisation of working time1;·
Amendment 13 #
Motion for a resolution
Paragraph 13
Paragraph 13