15 Amendments of Petru FILIP related to 2007/0094(COD)
Amendment 81 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 95 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
Sanctions applied in respect of each infringements of the provisions of Article 3 shall include:
Amendment 99 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In respect of each infringements of the provisions of Article 3 Member States shall ensure that the employer pays:
Amendment 107 #
Proposal for a directive
Article 7 – paragraph 1 – point (b)
Article 7 – paragraph 1 – point (b)
(b) any outstanding amount equal to all taxes and social security contributions, including which would have been paid by the employer for employed third country nationals if they had been employed legally, including penalty payments for delays and relevant administrative fines.
Amendment 121 #
Proposal for a directive
Article 10 – title
Article 10 – title
Amendment 122 #
Proposal for a directive
Article 10 – introductory part
Article 10 – introductory part
1. Each Member State shall ensure that the infringement referred to inof the provisions of Article 3 constitutes a criminaln offence when committed intentionally, in the following circumstances:
Amendment 126 #
Proposal for a directive
Article 10 – paragraph 1 – point (d)
Article 10 – paragraph 1 – point (d)
(d) the infringement is committed by an employer who uses work or services exacted from a person, with the knowledge that that person is a victim of trafficking in human beings or is underage.
Amendment 127 #
Proposal for a directive
Article 10 – paragraph 1 – point (d) a (new)
Article 10 – paragraph 1 – point (d) a (new)
(da) repeated avoidance by employers of controls by labour inspectors or efforts by employers to mislead labour inspectors regarding the employment of illegally resident third country nationals.
Amendment 128 #
Proposal for a directive
Article 11 – title
Article 11 – title
Sanctions for the criminal offence
Amendment 129 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the commission of the criminal offence referred to in Article 10 is punishabled by effective, proportionate and dissuasive criminal sanctions.
Amendment 130 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The criminal sanctions provided for in this article may be accompanied by other sanctions or measures, in particularfor example those provided for in Articles 6, 7 and 8, and by the publication of the judicial decision relating to the conviction or anthe decision to apply sanctions or other measures applied.
Amendment 131 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Member States shall ensure that legal persons can be held liable for the criminalommission of the offence referred to in Article 10 where such offence has been committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on:
Amendment 132 #
Proposal for a directive
Article 12 – paragraph 1 – point (b)
Article 12 – paragraph 1 – point (b)
(b) an authority mandate to take decisions on behalf of the legal person, or
Amendment 133 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, instigators or direct accessories in the offence referred to in Article 10.
Amendment 146 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Database In order to make this directive more enforceable and discourage the illegal recruitment of labour, the Commission shall set up and manage a special database covering the territory of the Community listing natural or legal persons who have recruited illegally resident third country nationals.