18 Amendments of Marian-Jean MARINESCU related to 2007/0228(CNS)
Amendment 49 #
Proposal for a directive
Recital 10
Recital 10
(10) This Directive should provide for a flexible demand-driven entry system, based on objective criteria such as a minimum salary threshold comparable with the wage levels in the Member States and on professional qualifications. The definition of a common minimum denominator for the national wage threshold is necessary to ensure a minimum level of harmonisation in the admission conditions throughout the EU. Member States should fix their national threshold accordingly to the situation of their respective labour markets and their general immigration policiprofessional qualifications and wages set by the applicable collective agreements or practices in the relevant sector of activity of the Member States.
Amendment 53 #
Proposal for a directive
Recital 11
Recital 11
Amendment 57 #
Proposal for a directive
Recital 16
Recital 16
(16) The geographical mobility within the EU should be controlled and demand- driven during the third-country worker's first period of legal stay. Once EC long- term resident status has been granted, Member States should give preference to these workers over other third-country workers who apply for an EU Blue Card, when they exercise their right to intra-EU mobility. Derogations from Council Directive 2003/109/EC of 25 November 2003 on the status of third- country nationals who are long-term residents should be included in order not to penalise geographically mobile highly qualified third-country workers who have not yet acquired EC long-term resident status, and to encourage geographical and circular migration.
Amendment 64 #
Proposal for a directive
Article 2 - point b
Article 2 - point b
(b) "highly qualified employment" means the exercise of genuine and effective work under the direction of someone else for which a person is paid and for which higher education qualifications or at least three years of equivalent professional experience is required;as a worker in a position that requires higher education qualifications or higher professional competence.
Amendment 72 #
Proposal for a directive
Article 2 - point h
Article 2 - point h
(h) "higher professional qualifications" means qualifications attested by evidence of higher education qualifications or ofcompetence" means at least threesix years of equivalerelevant professional experience in a position requiring a higher education qualification;
Amendment 91 #
Proposal for a directive
Article 5 - paragraph 2
Article 5 - paragraph 2
2. In addition to the conditions stipulated in paragraph 1, the gross monthly salary specified in the work contract or binding job offer must not be inferior to a national salary threshold defined and published for the purpothe wages set by the Member States which shall be at least three times the minimum gross monthly wage as set by national law. Member States where minimum wages are not defined shall set the national salary threshold to be at least three times the minimum income under which citizens of the Member State concerned are entitled to social assistance inapplicable collective agreements or practices in the relevant sectors of activity of thate Member State, or to be in line with applicable collective agreements or practices in the relevant occupation branches.
Amendment 100 #
Proposal for a directive
Article 6
Article 6
Amendment 107 #
Proposal for a directive
Article 7
Article 7
Articles 5 and 6 shall be without prejudice to the competence of the Member States to determine volumes of admission of third- country nationals for highly qualified employment.
Amendment 110 #
Proposal for a directive
Article 8 - paragraph 1
Article 8 - paragraph 1
1. A person fulfilling the requirements set out in Articles 5 and 6 and for whom a positive decision has been issued by the competent authorities shall be issued an EU Blue Card.
Amendment 115 #
Proposal for a directive
Article 9 - paragraph 1
Article 9 - paragraph 1
1. Member States shall reject an application for a EU Blue Card whenever the applicant does not meet the conditions set out in Articles 5 and 6 or whenever the documents presented have been fraudulently acquired, or falsified or tampered with.
Amendment 119 #
Proposal for a directive
Article 9 - paragraph 2 - subparagraph 1
Article 9 - paragraph 2 - subparagraph 1
2. Before taking the decision on an application for an EU Blue Card, Member States may examine the situation of their labour market and apply their national and Community procedures regarding the requirements for filling a vacancy.
Amendment 120 #
Proposal for a directive
Article 9 - paragraph 2 - subparagraph 2 and subparagraph 2 a (new)
Article 9 - paragraph 2 - subparagraph 2 and subparagraph 2 a (new)
For reasons of labour market policy, Member States mayshall give preference to Union citizens, and may give preference to third-country nationals, when provided for by Community legislation, as well as to third-country nationals who reside legally and receive unemployment benefits in the Member States concerned. Member States shall reject an application for an EU Blue Card in labour market sectors to which access to workers from other Member States is restricted on the basis of the transitional arrangements set out in the Acts of Accession of 16 April 2003 and 25 April 2005.
Amendment 123 #
Proposal for a directive
Article 10 - paragraph 1 - point b
Article 10 - paragraph 1 - point b
(b) wherever it appears that the holder did not meet or no longer meets the conditions for entry and residence laid down in Articles 5 and 6 or is residing for purposes other that that for which he/she was authorised to reside.
Amendment 129 #
Proposal for a directive
Article 13 - paragraph 1
Article 13 - paragraph 1
1. For the first two years of legal residence in the Member State concerned as holder of an EU Blue Card, access to the labour market for the person concerned shall be restricted to the exercise of paid employment activities which meet the conditions for admission set out in Articles 5 and 6. Modifications of the terms of the work contract that affect the conditions for admission or changes in the work relationship shall be subject to the prior authorisation in writing of the competent authorities of the Member State of residence, according to national procedures and within the time limits set out in Article 12(1).
Amendment 133 #
Proposal for a directive
Article 13 – paragraph 6 – subparagraph 1 a (new)
Article 13 – paragraph 6 – subparagraph 1 a (new)
(1a) The Member States shall ensure that no national highly qualified worker or highly qualified worker from the Union loses a job to a highly qualified worker from a third country with equivalent professional skills and qualifications.
Amendment 150 #
Proposal for a directive
Article 19 - paragraph 2
Article 19 - paragraph 2
2. No later than one month after entering the territory of the second Member State, the holder of the EU Blue Card shall notify his/her presence to the competent authorities of that Member State and present all the documents proving that he/she fulfils the conditions set out in Articles 5 and 6 for the second Member State.
Amendment 151 #
Proposal for a directive
Article 19 - paragraph 3 - point a
Article 19 - paragraph 3 - point a
(a) issuerenew an EU Blue Card and allow the applicant to reside on its territory for highly qualified employment if the conditions set in this Article are fulfilled and under the conditions set out in Articles 8-15;
Amendment 152 #
Proposal for a directive
Article 19 - paragraph 3 - point b
Article 19 - paragraph 3 - point b
(b) refuse to issuerenew an EU Blue Card and oblige the applicant and his/her family members, in accordance with the procedures provided for by national law, including removal procedures, to leave its territory if the conditions set out in this Article are not fulfilled. The first Member State shall immediately readmit without formalities the holder of the EU Blue Card and his/her family members. The provisions of Article 14 shall apply after readmission.