BETA

119 Amendments of Gabriele STAUNER

Amendment 25 #

2008/2249(INI)

Motion for a resolution
Paragraph 3
3. Reiterates its invitation to the Commission to put forward a proposal on social labelling, based on criteria such as compliance with core labour standards, social rights, employee training and equal treatment;deleted
2008/12/12
Committee: EMPL
Amendment 32 #

2008/2249(INI)

Motion for a resolution
Paragraph 4
4. Calls on national public authorities to adopt or further develop legal provisions which exclude from public procurement undertakings found to have infringed labour law, collective agreements or codes of conduct;
2008/12/12
Committee: EMPL
Amendment 33 #

2008/2249(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the adoption of a transnational legal framework, agreed between individual multinational enterprises and global union federations, designed to protect labour standards in multinational enterprises and their subcontractors and affiliates across different countries and which defines the status of the dependent worker and provides social protection irrespective of specific employment conditions;deleted
2008/12/12
Committee: EMPL
Amendment 46 #

2008/2249(INI)

Motion for a resolution
Paragraph 10
10. Reiterates its message by calling on the Commission to establish a clear-cut Community legal instrument introducing joint and several liability at European level, while respecting the different legal systems in place in the Member States and the principles of subsidiarity and proportionalityCalls on the Commission to urge the individual Member States to establish a legal instrument introducing joint and several liability at national level;
2008/12/12
Committee: EMPL
Amendment 50 #

2008/2249(INI)

Motion for a resolution
Paragraph 11
11. Is convinced that such an instrument would benefit not only employees, but also Member State authorities, employers and especially SMEs in their fight against the grey economy, as clear, transparent Community rules would drive dubious operators out of the market, thus improving the functioning of the single market;
2008/12/12
Committee: EMPL
Amendment 6 #

2008/2246(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the principle of informing and consulting employees is central to the social market economy and should not be seen as an obstacle to the economic development of undertakings,
2008/12/09
Committee: EMPL
Amendment 26 #

2008/2246(INI)

Motion for a resolution
Paragraph 4
4. Calls on Member States which do not possess the legal review procedures provided for in Article 6(3) or sanctions sufficient to act as a deterrent on employers who fail to respect the right of employees to be informed and consulted, to enact such sanctions;
2008/12/09
Committee: EMPL
Amendment 43 #

2008/2246(INI)

Motion for a resolution
Paragraph 8 – point (c)
(c) lower the workforce size thresholds for the undertaking or establishment above which Directive 2002/14/EC applies, in order to give wider coverage to small and medium-sized enterprises, which make up a significant proportion of the European economyexclude only micro-undertakings from its scope,
2008/12/09
Committee: EMPL
Amendment 1 #

2008/2186(DEC)

Draft opinion
Paragraph 4
4. Encourages, therefore, the Commission to continue its efforts to address the weaknesses in supervision and control by developing and implementing an internal reform programme and, together with the Member States, implementing an action plan to further improve the supervisory and control systems of the Union;
2009/01/22
Committee: EMPL
Amendment 23 #

2008/2047(INI)

Draft opinion
Paragraph 2
2. Asks the Commission and Member States to develop instruments that will ensure that high educational qualifications of women will result in "better jobs"jobs commensurate with such qualifications;
2008/06/05
Committee: EMPL
Amendment 45 #

2008/2047(INI)

Draft opinion
Paragraph 5
5. Calls on Member States to pursue the objective of equal economic independenca balanced income for women and men;
2008/06/05
Committee: EMPL
Amendment 1 #

2008/2045(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the principles of subsidiarity and proportionality are key principles of primary law and, in areas where the Community does not have sole legislative power, must be respected at all costs,
2008/07/09
Committee: JURI
Amendment 3 #

2008/2045(INI)

Motion for a resolution
Recital H
H. whereas the correct application of the principles of subsidiarity and proportionality makes a fundamental contribution to consolidating the authority and effectiveness of Community legislation and to ensuring that decisions are taken at a level closer to citizens, thereby ultimately securing greater public acceptance of the Union, and whereas these principles are essential to legitimising the appropriateness and scope of Community action, in so far as they enable the Member States to exercise their own legislative powers, in a spirit of collaboration between the various levels of government, and this therefore increases legal security,
2008/07/09
Committee: JURI
Amendment 4 #

2008/2045(INI)

Motion for a resolution
Recital I
I. whereas at present Community law making is subject to the application of the principles of subsidiarity and proportionality, which require the establishment of procedures for coordination with the national legislative and executive authorities in order to guarantee both legal security and the effectiveness of European Union actionthat European Union action is both necessary and lawful,
2008/07/09
Committee: JURI
Amendment 6 #

2008/2045(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Emphasises, in the context of the efforts to bring about better lawmaking, the importance of the principles of subsidiarity and proportionality both in reducing unnecessary bureaucratic burdens on Member States and those affected by legislation and in securing broader acceptance among European citizens for those measures which, in keeping with both principles, can only be taken at Community level;
2008/07/09
Committee: JURI
Amendment 14 #

2008/2045(INI)

Motion for a resolution
Paragraph 14
14. Recalls that since ambiguous and ineffective soft law instruments can have negative effects on the development of European Union law and on the balance between the Institutions, they should therefore be used cautiously,only very cautiously - where provided for in the Treaties and in a manner strictly consistent with the allocation of competences under primary law - and in all cases, legal security should be guaranteed;
2008/07/09
Committee: JURI
Amendment 15 #

2008/2045(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the fact that the Commission has decided to forward its new proposals and consultation documents to the national parliaments directly, in order to seek their reactions upstream of the Community law- making process, thus anticipating the provisions of the Lisbon Treaty; fully endorses the importance of collaboration of this kind when it comes to improving the quality and application of Community legislation, in particular the principles of subsidiarity and proportionality;
2008/07/09
Committee: JURI
Amendment 9 #

2008/2012(INI)

Draft opinion
Part A – paragraph 3 a (new)
3a. Takes the view that, in order permanently to overcome the pay gap, Member States should consider which specific measures can be taken against employers who infringe the principle of equal pay;
2008/07/04
Committee: EMPL
Amendment 15 #

2008/2012(INI)

Draft opinion
Part A – paragraph 4 – point d
(d) concrete and precise measures (under Article 141(4) of the Treaty) to redress the pay gap and gender segregation, to be carried into effect by the social partners and equal opportunity organisations at various levels, both contractual and sectoral, such as: obliging the social partners to conclude pay agreements, systematic investigations in relation to equal pay, implementation of companies' equality plans, the setting of qualitative and quantitative targets and benchmarking, exchange of best practice validated by the parties concerned and accompanied by accounts of the obstacles and difficulties encountered,deleted
2008/07/04
Committee: EMPL
Amendment 16 #

2008/2012(INI)

Draft opinion
Part A – paragraph 4 – point e
(e) the insertion of a clause requiring respect for gender equality and equal pay in public contracts and the introduction of a specific label such as a 'quality certificate' for gender and pay policies which could be awarded to firms and confer on them certain advantages in terms of access to national, local and European support measures and funding and boost their chances of securing public contracts.deleted
2008/07/04
Committee: EMPL
Amendment 27 #

2008/2012(INI)

Draft opinion
Part B - paragraph 1 – point d
(d) the information provided by employers on equal treatment for men and women at the workplace, making provision for more specific and targeted information concerning pay differences, together with greater involvement of, and a specific role for, social partners, and equal opportunity organisationthe consultation of social partners.
2008/07/04
Committee: EMPL
Amendment 37 #

2008/0267(COD)

Proposal for a regulation – amending act
Article 1 – point 1
Regulation (EC) No 1927/2006
Article 1 – paragraph 1 a – subparagraph 1
“1a. By way of derogation from paragraph 1, the EGF shall also provide support to workers made redundant as a direct result of the global financial and economic crisis, provided applications comply with the criteria set out in Article 2(a), (b) or (c). Redundancies may not be based on reasons other than the financial and economic crisis.
2009/02/16
Committee: EMPL
Amendment 15 #

2008/0193(COD)

Proposal for a directive – amending act
Recital 8 a (new)
(8a) Maternity leave under this Directive does not conflict with Member States’ other rules on parental leave and there is no intention to circumvent these models. Maternity leave and parental leave are complementary and used in combination can promote a better balance between work and family life. It is up to the parents themselves to decide whether to return to work soon after the birth or to make use of possibilities provided by Member States such as parental leave.
2009/02/17
Committee: EMPL
Amendment 36 #

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
(1) Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 184 weeks allocated before and/or after confinement.
2009/02/17
Committee: EMPL
Amendment 39 #

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
(2) The maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non-compulsory portion of the maternity leave is taken, before or after childbirthA pregnant woman or new mother, in consultation with her employer, shall be free to position this period of leave around the date of confinement.
2009/02/17
Committee: EMPL
Amendment 40 #

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
(2) The maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non- compulsory portion of the maternity leave is taken, before or after childbirthmay extend the compulsory portion of the maternity leave under this Directive to a maximum of eight weeks after the birth and/or a maximum of six weeks before the birth, if the workers are allowed the possibility of expressly declaring themselves ready to work within this extended period, by a declaration that can be revoked at any time.
2009/02/17
Committee: EMPL
Amendment 44 #

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5
(5) Member States shall ensure that any period of sick leavePeriods of absence before and after the birth due to illness orin complications arising out of pregnancy occurring four weeks or more before confinement does not impact on the duration of maternity leavennection with the pregnancy shall be added to the 14- week period.
2009/02/17
Committee: EMPL
Amendment 47 #

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point 2
Directive 92/85/EEC
Article 10
In order to guarantee that workers within the meaning of Article 2 can exercise their health and safety protection rights as recognised under this Article: (1) The Member States shall take the necessary measures to prohibit the dismissal and all preparations for a dismissal of workers within the meaning of Article 2 during the period from the beginning of their pregnancy to the end of the maternity leave provided for in Article 8(1), save in exceptional cases not connected with their condition which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent. (2) If a worker within the meaning of Article 2 is dismissed during the period referred to in point 1 the employer must cite duly substantiated grounds for her dismissal in writing. If the dismissal occurs within six months following the end of maternity leave as provided for in Article 8(1), the employer must cite duly substantiated grounds for her dismissal in writing at the request of the worker concerned. (3) The Member States shall take the necessary measures to protect workers within the meaning of Article 2 from the consequences of dismissal which is unlawful by virtue of points 1 and 2. (4) Less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of Article 8 shall constitute discrimination within the meaning of Directive 2002/73/EC, as recast by Directive 2006/54/EC.Article 10 deleted Prohibition of dismissal
2009/02/17
Committee: EMPL
Amendment 48 #

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point 2
Directive 92/85/EEC
Article 10 – paragraph 1
(1) The Member States shall take the necessary measures to prohibit the dismissal and all preparations for a dismissal of workers within the meaning of Article 2 during the period from the beginning of their pregnancy to the end of the maternity leave provided for in Article 8(1)at least four months after childbirth, save in exceptional cases not connected with their condition which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent.
2009/02/17
Committee: EMPL
Amendment 53 #

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point 3 − point b
Directive 92/85/EEC
Article 11 – point 2 − point (c a) (new)
(ca) The Member States shall ensure that the period of maternity leave is counted as a period of employment for pension purposes and that workers do not suffer any reduction of pension rights through taking maternity leave.
2009/02/17
Committee: EMPL
Amendment 55 #

2008/0193(COD)

Proposal for a directive – amending act
Article 1 – point 3 − point c
Directive 92/85/EEC
Article 11 – point 3
(3) the allowance referred to in point 2(b) shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary, subject to any ceiling laid down under national legislation. Such a ceiling mayshould not be loweress than 90% of the allowance received by workers within the meaning of Article 2 in the event of a break in activity on grounds connected with the worker's state of health. The Member States may lay down the period over which this average monthly salary is calculated.
2009/02/17
Committee: EMPL
Amendment 28 #

2008/0142(COD)

Proposal for a directive
Recital 4 a (new)
(4a) Healthcare services and general social services play a fundamental role in the European social model but receive inadequate funding in certain Member States. The Member States and the Commission should take better account of this fundamental role of the healthcare services in all law-making.
2008/12/09
Committee: EMPL
Amendment 29 #

2008/0142(COD)

Proposal for a directive
Recital 4 b (new)
(4b) The liberalisation of health services must not lead to even greater inequality of access to high quality healthcare.
2008/12/09
Committee: EMPL
Amendment 21 #

2008/0130(CNS)

Proposal for a regulation
Recital 7
(7) In order to make the SPE an accessible company form for individuals and small businesses, it should be capable of being created ex nihilo or of resulting from the transformation, the merger or the division of existing national companies. The creation of an SPE by way of transformation, merger or division of companies should be governed by the applicable national law, without prejudice to the provisions on employees' rights of participation.
2008/10/20
Committee: EMPL
Amendment 22 #

2008/0130(CNS)

Proposal for a regulation
Recital 11
(11) The SPE should not be subject to a high mandatory capital requirement since this would be a barrier to the creation of SPEs. Creditors, however, should be protected from excessive distributions to shareholders which could affectundermine the ability of the SPE to pay its debts. To this end, distributions that leave the SPE with liabilities exceeding the value of the assets of the SPE should be prohibited. Shareholders, however, should also be free to require the management body of the SPE to sign a solvency certificate.
2008/10/20
Committee: EMPL
Amendment 25 #

2008/0130(CNS)

Proposal for a regulation
Recital 15
(15) Employees’ rights of participation should be governed by the legislation of the Member State in which the SPE has its registered office (the "home Member State"). The SPE should not be used for the purpose of circumventing such rights. Where the national legislation of the Member State to which the SPE transfers its registered office does not provide for at least the same level of employee participation as the home Member State, the participation of employees in the company followingprior to the transfer should in certain circumstances be negotiated. Should such negotiations fail, the provisions applying in the company before the transfer should continue to apply after the transfer.
2008/10/20
Committee: EMPL
Amendment 26 #

2008/0130(CNS)

Proposal for a regulation
Article 3 - paragraph 1 - point e a (new)
(ea) its cross-border nature is demonstrated by the fact that it has at least one branch office outside the country in which it was established;
2008/10/20
Committee: EMPL
Amendment 27 #

2008/0130(CNS)

Proposal for a regulation
Article 4 - paragraph 1
1. An SPE shall be governed by this Regulation and also, as regards the matters listed in Annex I, by its articles of association. However, where a matterprovision is not covered by the articles of this Regulation or by Annex I, an SPE shall be governed by the law, including the provisions implementing Community law, which applies to private limited-liability companies in the Member State in which the SPE has its registered office, hereinafter "applicable national law".
2008/10/20
Committee: EMPL
Amendment 28 #

2008/0130(CNS)

Proposal for a regulation
Article 5 - paragraph 2
2. Formation of the SPE by the transformation, merger or division of existing companies shall be governed by the national law applicable to the transforming company, to each of the merging companies or to the dividing company. Formation by transformation shall not give rise to the winding up of the company or any loss or interruption of its legal personality and shall not affect employees' existing rights of participation.
2008/10/20
Committee: EMPL
Amendment 29 #

2008/0130(CNS)

Proposal for a regulation
Article 5 - paragraph 3
3. For the purposes of paragraphs 1 and 2, 'company' shall mean any form of limited company that may be set up under the law of the Member States, a European Company and, where applicable, an SPE.
2008/10/20
Committee: EMPL
Amendment 32 #

2008/0130(CNS)

Proposal for a regulation
Article 10 - paragraph 2 - point g
(g) the articles of association of the SPE; including any rights of participation enjoyed by employees;
2008/10/20
Committee: EMPL
Amendment 35 #

2008/0130(CNS)

Proposal for a regulation
Article 19 - paragraph 4
4. The capital of the SPE shall be at least EUR 15 000.
2008/10/20
Committee: EMPL
Amendment 38 #

2008/0130(CNS)

Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1
2. Resolutions on the matters indicated in points (a), (b), (c), (e), (h), (i), (l), (m) (n), (o) and (p) of paragraph 1 shall be taken by a qualified majority.
2008/10/20
Committee: EMPL
Amendment 39 #

2008/0130(CNS)

Proposal for a regulation
Article 30 – paragraph 2
2. A person who acts as a director without having been formally appointed shall be considered a director as regards all duties and liabilities to which the latter are subject.deleted
2008/10/20
Committee: EMPL
Amendment 41 #

2008/0130(CNS)

Proposal for a regulation
Article 34 – paragraph 1
1. The SPE shall be subject to the rules on employee participation and other employee rights, if any, applicable in the Member State in which it has its registered officethe most employees, subject to the provisions of this Article.
2008/10/20
Committee: EMPL
Amendment 43 #

2008/0130(CNS)

Proposal for a regulation
Article 34 – paragraph 1 a (new)
1a. If more than 1000 employees of the SPE, corresponding to at least three- quarters of its total workforce, work in a Member State or in Member States which provide for broader employee participation than the Member State in which the SPE has the most employees, the following provisions shall apply: (a) The management or administrative organ shall take the necessary steps to open negotiations with the representatives of the employees of the establishments or subsidiaries on an agreement covering the involvement of employees in the SPE. For this purpose, the management or administrative organ shall set up a special negotiating body to represent the employees of the SPE. (b) The members of the special negotiating body shall be elected or appointed. When the members of the special negotiating body are elected or appointed, it must be ensured that these members are elected or appointed in proportion to the number of employees employed in each Member State by allocating in respect of each Member State one seat per portion of employees employed in that Member State which equals 10%, or a fraction thereof, of the number of employees employed in all the Member States taken together. (c) The management or administrative organ shall determine the method to be used for the election or appointment of the members of the special negotiating body. In that connection, it shall take the necessary measures to ensure that, as far as possible, each subsidiary or each establishment is represented on that body by at least one member. Such measures must not increase the overall number of members. (d) Without prejudice to national rules laying down thresholds for the establishment of a representative body, the SPE shall provide that employees in subsidiaries or establishments in which, irrespective of the employees' wishes, there are no employees' representatives have the right themselves to elect or appoint members of the special negotiating body. (e) The special negotiating body and the competent organ of the SPE shall determine, by written agreement, arrangements for the involvement of employees within the SPE. (f) Subject to the provisions of letter (g), the special negotiating body shall take decisions by a majority of its members. Each member shall have one vote. (g) The special negotiating body may decide, by the majority laid down in sentence 4, not to open negotiations or to terminate negotiations already opened and to rely on the rules on information and consultation of employees in force in the Member States where the SPE has employees. Such a decision shall halt the procedure to conclude the agreement referred to in letter (f). Where such a decision has been taken, none of the provisions of the standard rules (see letter (k)) shall apply. The majority required for the decision not to open or to terminate negotiations shall be the votes of 50% of the members representing at least 51% of the employees, with the proviso that these members must represent employees in at least two Member States. (h) The competent organs of the participating legal persons and the special negotiating body shall negotiate in a spirit of cooperation with a view to reaching an agreement on arrangements for the involvement of employees within the SPE. The agreement between the competent organ of the SPE and the special negotiating body shall specify at least the following: (i) the scope of the agreement; (ii) the composition, number of members and allocation of seats on the representative body which will be the discussion partner of the competent organ of the SPE in connection with arrangements for the information and consultation of the employees of the SPE and its subsidiaries and establishments; (iii) the frequency of meetings of the representative body; (iv) the financial and material resources to be allocated to the representative body; (v) the number of members of the SPE's administrative or supervisory body which the employees shall be entitled to elect, appoint, recommend or oppose, the procedures as to how these members may be elected, appointed, recommended or opposed by the employees, and their rights. (i) Negotiations shall commence as soon as the special negotiating body is established and may continue for six months thereafter. The parties may decide, by joint agreement, to extend negotiations beyond the period referred to in sentence 1, up to a total of nine months from the establishment of the special negotiating body. (j) If, by the end of the period referred to in letter (i), the parties have not reached agreement and the special negotiating body has not taken a decision pursuant to letter (g), the rules laid down in letter (k) (standard rules) shall apply. They shall also apply if the parties agree as much. (k) In keeping with the provisions of letters (g) and (j), the following provisions shall apply in respect of employee involvement in the SPE: (i) the employees of the SPE, its subsidiaries and establishments or their representative body shall have the right to elect, appoint, recommend or oppose the appointment of one-third of the members of the administrative or supervisory body of the SPE. (ii) the representative body shall decide on the allocation of seats within the administrative or supervisory body among the members representing the employees from the various Member States or on the way in which the SPE's employees may recommend or oppose the appointment of the members of these bodies, according to the proportion of the SPE's employees in each Member State. If the employees from one or more Member States are not covered on the basis of this proportional criterion, the representative body shall appoint a member from one of those Member States, if possible – where appropriate – from the Member State in which the SPE has its registered office. (iii) every member of the administrative or supervisory body of the SPE who has been elected, appointed or recommended by the representative body or, depending on the circumstances, by the employees shall be a full member of the body in question with the same rights (including the right to vote) and obligations as the members representing the SPE.
2008/10/20
Committee: EMPL
Amendment 47 #

2008/0130(CNS)

Proposal for a regulation
Article 36 – paragraph 2 – introductory part
2. At least onthree months before the resolution of the shareholders referred to in paragraph 4 is taken, the management body of the SPE shall:
2008/10/20
Committee: EMPL
Amendment 48 #

2008/0130(CNS)

Proposal for a regulation
Article 36 – paragraph 3 – subparagraph 2
Where tThe management body receives inshall inform the shareholders in good time of the opinion of the employee representatives on the transfer, that opinion shall be submitted to the shareholders.
2008/10/20
Committee: EMPL
Amendment 49 #

2008/0130(CNS)

Proposal for a regulation
Article 37 – paragraph 3 – point (b)
(b) the proposed articles of association, and any rules governing employees' rights of participation, for the SPE in the host Member State, as approved by the shareholders;
2008/10/20
Committee: EMPL
Amendment 58 #

2008/0130(CNS)

Proposal for a regulation
Recital 7
(7) In order to make the SPE an accessible company form for individuals and small businesses, it should be capable of being created ex nihilo or of resulting from the transformation, the merger or the division of existing national companies. The creation of an SPE by way of transformation, merger or division of companies should be governed by the applicable national law, without prejudice to the provisions on employee participation.
2008/11/04
Committee: JURI
Amendment 63 #

2008/0130(CNS)

Proposal for a regulation
Recital 11
(11) The SPE should not be subject to a high mandatory capital requirement since this would be a barrier to the creation of SPEs. Creditors, however, should be protected from excessive distributions to shareholders which could affectundermine the ability of the SPE to pay its debts. To this end, distributions that leave the SPE with liabilities exceeding the value of the assets of the SPE should be prohibited. Shareholders, however, should also be free to require the management body of the SPE to sign a solvency certificate.
2008/11/04
Committee: JURI
Amendment 64 #

2008/0130(CNS)

Proposal for a regulation
Recital 15
(15) Employees’ rights of participation should be governed by the legislation of the Member State in which the SPE has its registered office (the ‘home Member State’). The SPE should not be used for the purpose of circumventing such rights. Where the national legislation of the Member State to which the SPE transfers its registered office does not provide for at least the same level of employee participation as the home Member State, the participation of employees in the company following the transfer should in certain circumstances be negotiated prior to the transfer. Should such negotiations fail, the provisions applying in the company before the transfer should continue to apply after the transfer.
2008/11/04
Committee: JURI
Amendment 75 #

2008/0130(CNS)

Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
(ea) it has a cross-border component in that it has at least one establishment outside its home Member State;
2008/11/04
Committee: JURI
Amendment 78 #

2008/0130(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
However, where a matterprovision is not covered by the articles of this Regulation or by Annex I, an SPE shall be governed by the law, including the provisions implementing Community law, which applies to private limited-liability companies in the Member State in which the SPE has its registered office, hereinafter ‘applicable national law’.
2008/11/04
Committee: JURI
Amendment 80 #

2008/0130(CNS)

Proposal for a regulation
Article 5 – paragraph 2
2. Formation of the SPE by the transformation, merger or division of existing companies shall be governed by the national law applicable to the transforming company, to each of the merging companies or to the dividing company. Formation by transformation shall not give rise to the winding up of the company or any loss or interruption of its legal personality and shall not affect employees’ existing rights of participation.
2008/11/04
Committee: JURI
Amendment 81 #

2008/0130(CNS)

Proposal for a regulation
Article 5 – paragraph 3
3. For the purposes of paragraphs 1 and 2, ‘company’ shall mean any form of company with share capital that may be set up under the law of the Member States, a European Company and, where applicable, an SPE.
2008/11/04
Committee: JURI
Amendment 102 #

2008/0130(CNS)

Proposal for a regulation
Article 10 – paragraph 2 – point g
(g) the articles of association of the SPE; including any rights of participation enjoyed by employees;
2008/11/04
Committee: JURI
Amendment 147 #

2008/0130(CNS)

Proposal for a regulation
Article 19 – paragraph 4
4. The capital of the SPE shall be at least EUR 15 000.
2008/11/04
Committee: JURI
Amendment 155 #

2008/0130(CNS)

Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1
2. Resolutions on the matters indicated in points (a), (b), (c), (e), (h), (i), (l), (m) (n), (o) and (p) of paragraph 1 shall be taken by a qualified majority.
2008/11/04
Committee: JURI
Amendment 157 #

2008/0130(CNS)

Proposal for a regulation
Article 30 – paragraph 2
2. A person who acts as a director without having been formally appointed shall be considered a director as regards all duties and liabilities to which the latter are subject.deleted
2008/11/04
Committee: JURI
Amendment 168 #

2008/0130(CNS)

Proposal for a regulation
Article 34 – paragraph 1
1. The SPE shall be subject to the rules on employee participation and employee rights other than participation, if any, applicable in the Member State in which it has its registered officethe most employees, subject to the provisions of this Article.
2008/11/04
Committee: JURI
Amendment 171 #

2008/0130(CNS)

Proposal for a regulation
Article 34 – paragraph 1 a (new)
1a. If more than 1000 employees of the SPE, corresponding to at least three- quarters of its total workforce, work in a Member State or in Member States which provide for broader employee participation than the Member State in which the SPE has the most employees, the following provisions shall apply: a) The management or administrative organ shall take the necessary steps to open negotiations with the representatives of the employees of the establishments or subsidiaries on an agreement covering the involvement of employees in the SPE. For this purpose, the management or administrative organ shall set up a special negotiating body to represent the employees of the SPE. b) The members of the special negotiating body shall be elected or appointed. When the members of the special negotiating body are elected or appointed, it must be ensured that these members are elected or appointed in proportion to the number of employees employed in each Member State by allocating in respect of each Member State one seat per portion of employees employed in that Member State which equals 10%, or a fraction thereof, of the number of employees employed in all the Member States taken together. c) The management or administrative organ shall determine the method to be used for the election or appointment of the members of the special negotiating body. In that connection, it shall take the necessary measures to ensure that, as far as possible, each subsidiary or each establishment is represented on that body by at least one member. Such measures must not increase the overall number of members. d) Without prejudice to national rules laying down thresholds for the establishment of a representative body, the SPE shall provide that employees in subsidiaries or establishments in which, irrespective of the employees' wishes, there are no employees' representatives have the right themselves to elect or appoint members of the special negotiating body. e) The special negotiating body and the competent organ of the SPE shall determine, by written agreement, arrangements for the involvement of employees within the SPE. f) Subject to the provisions of point (g), the special negotiating body shall take decisions by a majority of its members. Each member shall have one vote. g) The special negotiating body may decide, by the majority laid down in sentence 4, not to open negotiations or to terminate negotiations already opened and to rely on the rules on information and consultation of employees in force in the Member States where the SPE has employees. Such a decision shall halt the procedure to conclude the agreement referred to in point (f). Where such a decision has been taken, none of the provisions of the standard rules (see point (k)) shall apply. The majority required for the decision not to open or to terminate negotiations shall be the votes of 50% of the members representing at least 51% of the employees, with the proviso that these members must represent employees in at least two Member States. h) The competent organs of the participating legal persons and the special negotiating body shall negotiate in a spirit of cooperation with a view to reaching an agreement on arrangements for the involvement of employees within the SPE. The agreement between the competent organ of the SPE and the special negotiating body shall specify at least the following: (i) the scope of the agreement, (ii) the composition, number of members and allocation of seats on the representative body which will be the discussion partner of the competent organ of the SPE in the context of the agreement on the information and consultation of the employees of the SPE and its subsidiaries and establishments, (iii) the frequency of meetings of the representative body, (iv) the financial and material resources to be allocated to the representative body, (v) the number of members of the SPE's administrative or supervisory body which the employees shall be entitled to elect, appoint, recommend or oppose, the procedures as to how these members may be elected, appointed, recommended or opposed by the employees, and their rights. i) Negotiations shall commence as soon as the special negotiating body is established and may continue for six months thereafter. The parties may decide, by joint agreement, to extend negotiations beyond the period referred to in sentence 1, up to a total of nine months from the establishment of the special negotiating body. j) If, by the end of the period referred to in point (i), the parties have not reached agreement and the special negotiating body has not taken a decision pursuant to point (g), the rules laid down in point (k) (standard rules) shall apply. They shall also apply if the parties agree as much. k) In keeping with the provisions of points (g) and (j), the following provisions shall apply in respect of employee involvement in the SPE: (i) the employees of the SPE, its subsidiaries and establishments or their representative body shall have the right to elect, appoint, recommend or oppose the appointment of one-third of the members of the administrative or supervisory body of the SPE; (ii) the representative body shall decide on the allocation of seats within the administrative or supervisory body among the members representing the employees from the various Member States or on the way in which the SPE's employees may recommend or oppose the appointment of the members of these bodies, according to the proportion of the SPE's employees in each Member State. If the employees from one or more Member States are not covered on the basis of this proportional criterion, the representative body shall appoint a member from one of those Member States, if possible – where appropriate – from the Member State in which the SPE has its registered office; (iii) every member of the administrative or supervisory body of the SPE who has been elected, appointed or recommended by the representative body or, depending on the circumstances, by the employees shall be a full member of the body in question with the same rights (including the right to vote) and obligations as the members representing the SPE.
2008/11/04
Committee: JURI
Amendment 173 #

2008/0130(CNS)

Proposal for a regulation
Article 36 – paragraph 2 – Introductory part
At least onthree months before the resolution of the shareholders referred to in paragraph 4 is taken, the management body of the SPE shall:
2008/11/04
Committee: JURI
Amendment 174 #

2008/0130(CNS)

Proposal for a regulation
Article 36 – paragraph 3 – subparagraph 2
Where tThe management body receives inshall inform the shareholders in good time of the opinion of the employee representatives on the transfer, that opinion shall be submitted to the shareholders.
2008/11/04
Committee: JURI
Amendment 175 #

2008/0130(CNS)

Proposal for a regulation
Article 37 – paragraph 3 – point b
(b) the proposed articles of association, and any rules governing employees' rights of participation, for the SPE in the host Member State, as approved by the shareholders;
2008/11/04
Committee: JURI
Amendment 10 #

2008/0070(COD)

Proposal for a recommendation
Recital 1
(1) The development and recognition of citizens’ knowledge, skills and competence are crucial for individuprofessional and personal development, competitiveness, employment and social cohesion in the Community. In this respect, they should facilitate trans-national mobility for workers and learners and contribute towards meeting the requirements of supply and demand in the European labour market. Participation in borderless lifelong learning for all, transfer, recognition and accumulation of individuals' learning outcomes achieved in formal, non-formal and informal contexts should therefore be promoted and improved at national and Community levels.
2008/09/22
Committee: EMPL
Amendment 18 #

2008/0070(COD)

Proposal for a recommendation
Recital 13 a (new)
(13a) The introduction and implementation of ECVET is voluntary, pursuant to Articles 149 and 150 of the EC Treaty, and can therefore only be undertaken in accordance with the existing national laws and regulations. This recommendation thus complies with the principle of subsidiarity by supporting and complementing the activities of Member States, facilitating cooperation between them, increasing transparency and promoting mobility and lifelong learning.
2008/09/22
Committee: EMPL
Amendment 21 #

2008/0070(COD)

Proposal for a recommendation
Recommendation 2
2. use ECVET from 2012, in particular by adopting measures for its gradual applicationtesting, starting in 2012, and its gradual application, no sooner than 2017, to vocational education and training qualifications from level 1 to level 8 of the EQF, in accordance with national legislation and practice, for the purpose of transfer, recognition and accumulation of individuals' learning outcomes achieved in formal, non-formal and in and, where appropriate, non- formal contexts;
2008/09/22
Committee: EMPL
Amendment 28 #

2008/0070(COD)

4. monitor and follow up the action taken, in particular by updating the guidance mat during the testing perialod and, after the assessment and evaluation of this action carried out in cooperation with the Member States, report, fourive years after the adoption of this Recommendation, to the European Parliament and the Council on the experience gained and implications for the future, including, if necessary, a possible review and adaptation of this Recommendation.
2008/09/22
Committee: EMPL
Amendment 24 #

2007/2290(INI)

Motion for a resolution
Paragraph 1
1. Urges the Member States, in the light of the Lisbon strategy and the need for action to keep the social security and pensions systems sustainable, to make more progress in shifting from a social expenditure to a social activation outlook and to attract and retain more people in quality employment with compulsory social insurance cover, increase labour supply, modernise social protection systems and increase investment in human capital through better education and training;
2008/07/03
Committee: EMPL
Amendment 33 #

2007/2290(INI)

Motion for a resolution
Paragraph 4
4. Recalls its belief that EU labour law should reinforce employment contracts of indefinite duration as the genertraditional form of employment under which adequate social and health protection is provided and respect for fundamental rights is ensured;
2008/07/03
Committee: EMPL
Amendment 38 #

2007/2290(INI)

Motion for a resolution
Paragraph 5
5. Recalls that the core of European social models is solidarity between economically active and economically inactive peoplepeople and those outside the world of work, primarily financed by work- related earnings, such as social security contributions or labour taxation; nevertheless points out that the ageing population will put serious pressure on the active work force; stresses that this could jeopardise solidarity and as a consequence European social models; stresses the significant importance, therefore, of rethinkingadopting a new approach to the principle of solidarity, including finding a new,a fair funding balance;
2008/07/03
Committee: EMPL
Amendment 41 #

2007/2290(INI)

Motion for a resolution
Paragraph 6
6. Points to the ongoing development of individualisation, which should be accompanied by more strenuous efforts to individualise social rights in order to enable people, especially women, to become more independent and to build up their own history of contributing to pension schemes;
2008/07/03
Committee: EMPL
Amendment 47 #

2007/2290(INI)

Motion for a resolution
Paragraph 7
7. Believes that a decreasing work force will, if the present situation continues, lead to a decrease in the total number of hours worked; considers that it maywill be necessary to compensate this development primarily by recruiting more new employees, and possibly also by increasing the hours worked by the remaining workers or reducing the number of people who work part-time;
2008/07/03
Committee: EMPL
Amendment 55 #

2007/2290(INI)

Motion for a resolution
Paragraph 8
8. Recalls that higher employment rates are heavily dependent on the need to keep all groups active and therefore stresses the need to fight discrimination on the labour market and find employment for inactive but employable people;
2008/07/03
Committee: EMPL
Amendment 56 #

2007/2290(INI)

Motion for a resolution
Paragraph 9
9. Considers that it might be necessary for people to work past the age 65, remaining as long as possible in the labour force; stresses the need to discuss raising the legal retirement age; considers that, irrespective of the various legal retirement ages which apply in the Member States, it is necessary that employees should at the minimum also in fact remain in employment (or have the opportunity to do so) until the age which applies;
2008/07/03
Committee: EMPL
Amendment 75 #

2007/2290(INI)

Motion for a resolution
Paragraph 11
11. Draws attention to the existing discrimination against vulnerable groups in the labour market, which leads to lower employment rates and lowparticularly those in minor employment without compulsory social insurance cover, wages and therefore fewer opportunities for those groupshich gives those groups less opportunity to builtd up adequate pensions; insists on the need to provide equal opportunities for all;
2008/07/03
Committee: EMPL
Amendment 78 #

2007/2290(INI)

Motion for a resolution
Paragraph 12
12. Recognises that increasing public spending on pensions could be reduced by a partial switch to privately funded schemes, including occupational supplementary pension schemes; emphasises that a stronger focus on privately funded pensions would increase the need for appropriate regulation of private pension funds and for the promotion of occupational supplementary pensions;
2008/07/03
Committee: EMPL
Amendment 93 #

2007/2290(INI)

Motion for a resolution
Paragraph 14
14. Observes that it is predominantly women who take care of children, voluntarily or involuntarily under the pressure of cultural attitudes and social norms or of the poor quality or lack of childcare facilities; stresses the need to compensate women and to provide them with real choices as regards having children, without fearing possible financial disadvantages or suffering detriment to their career progression; welcomes action by Member States to compensation thie for this, for example by arranging for the accumulation of statutory pension entitlements during periods spent raising children and caring for families;
2008/07/03
Committee: EMPL
Amendment 98 #

2007/2290(INI)

Motion for a resolution
Paragraph 15
15. Stresses the need for the Member States to preserve adequate levels of funding for social security and pensions systems, the need to for them to find alternative and robust tax bases in face of increased competition brought about by globalisation; warns of the possible reduction of tax revenue caused by flat tax rates, given the fact that they are strictly related to the total number of people in the labour force; stresses the importance of reducing reliance on labour taxation in order to increase the competitiveness of Member States' economies and provide more work incentives; recognises the complexidifficulty involved in shifting to a more capital taxation, given the smaller capital tax base and greater mobility of capital; suggests that increasing the use of environmental taxes and greater reliance on consumption as tax base be considered, and thus the need for greater progressiveness, which would reduce the pressure on lower incomes;
2008/07/03
Committee: EMPL
Amendment 115 #

2007/2290(INI)

Motion for a resolution
Paragraph 18
18. Observes that public funding of health care contributes to efficiency and fairness byhelps to providinge protection against financial risk and by not linking payments to theirrespective of the personal risk of ill health, whereas, in contrast, private contribution mechanisms involve limited or no pooling of risks and usually link payments to the risk of ill health and ability to pay, but at the same time guarantee long-term financing irrespective of demographic change;
2008/07/03
Committee: EMPL
Amendment 120 #

2007/2290(INI)

Motion for a resolution
Paragraph 19
19. Notes that health care systems that are predominantly funded through employment-based social insurance contributions may benefit from broadening the revenue base to include non-earnings- related income;Does not affect English version.
2008/07/03
Committee: EMPL
Amendment 121 #

2007/2290(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Notes that, in the light of the principle of freedom to provide services and the right of the insured under health insurance schemes to choose a doctor or establishment freely, it is not permissible for Member States to impose fixed ceilings on the cost of treating their citizens abroad;
2008/07/03
Committee: EMPL
Amendment 5 #

2007/2238(INI)

Draft opinion
Paragraph 1
1. Stresses that, from the macroeconomic point of view, hedge funds and private equity (HFs & PE) represent welcome additional investors at a time when economic structures are experiencing ever more substantial change at an ever- increasing pace, but that this type of alternative investment is unregulated; stresses, in addition, that lack of scrutiny and excessive profit-seeking are solely at the expense of employees and/or other third partiesinsufficiently regulated;
2008/05/08
Committee: EMPL
Amendment 12 #

2007/2238(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to present a proposal as to how Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees' rights in the event of the transfer of undertakings should be supplemented so as to safeguard the rights of the employees concerned in the case of HF & PE takeovers and prevent jobs being jeopardised by loss of liquidity in firms taken over;
2008/05/08
Committee: EMPL
Amendment 14 #

2007/2238(INI)

Draft opinion
Paragraph 4
4. Calls on the two sides of industry and the Commission to undertake a reshaping of European rules to reflect the situation created by HFs & PE, and primarily of Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council and Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community;
2008/05/08
Committee: EMPL
Amendment 16 #

2007/2238(INI)

Draft opinion
Paragraph 5
5. Calls on the Member States to use best practice to ensure that employees are informed about the way in which their pensions are invested and the associated risks, and that they can have a say thereincompany pensions acquired by employees are shielded from bankruptcies;
2008/05/08
Committee: EMPL
Amendment 21 #

2007/2238(INI)

Draft opinion
Paragraph 6
6. Expects the fund industry to move further towards binding measures and regulations on corporate governance which willmust also be made public; considers that funds which act as entrepreneurs cannot distance themselves from cultivatingthe obligation to develop human resources, ensuring worker participation and the pursuit of environmental and social objectives;
2008/05/08
Committee: EMPL
Amendment 27 #

2007/2238(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to monitor and analyse the effects of the operations of HF & PE companies, and to propose a directive on minimum transparency rules on the way in which investments are financed, the objective of investment projects, the disclosure of ownership structures and the registration of hedge fundsanalyse the way in which investments are financed;
2008/05/08
Committee: EMPL
Amendment 2 #

2007/2043(DEC)

Motion for a resolution
Paragraph 1
1. Notes by way of background that the obscurity surrounding the handling by the Committee of the Regions (CoR) of the salary transfer affair in 2004 caused Parliament's rapporteur to propose postponement of the granting of discharge until the three investigations by OLAF, the European Court of Auditors (ECA) and the CoR itself had been carried through; a) Recalls that the majority of the members of Parliament's Committee on Budgetary Control and later the majority of Members of Parliament nonetheless decided to grant discharge without awaiting the results of these investigations and accordingly without the proper information needed to take such a decision; b) Notes that OLAF´s handing over of five cases involved in the affair to the Belgian authorities clearly demonstrates that the granting of discharge at the time was unwarranted and irresponsible; concludes that the Committee on Budgetary Control and Parliament thereby deprived themselves of the ability to hold those responsible in 2004 to account in the discharge process; c) Concludes that what happened then cannot be an issue in the discharge process concerning the implementation by the CoR of its budget in 2006; notes accordingly that with the clear improvements made by the CoR in its budget management since 2004 the granting of discharge this year cannot and should not be questioned;deleted
2008/03/07
Committee: CONT
Amendment 5 #

2007/2043(DEC)

Motion for a resolution
Paragraph 23
23. Observes that, although the overall organisation of the CoR's administration has significantly improved in the last few years, question marks remain concerning the possible allegations of fraud made in the past; urges therefore the CoR's administration to deal effectively with the serious findings of its own Internal Auditor in order to shed some light on these issues;deleted
2008/03/07
Committee: CONT
Amendment 2 #

2007/2042(DEC)

Motion for a resolution
Paragraph 17
17. Congratulates the EESC for being the only institution to have published data on the absence of its staff in its annual activity report; notes however a slight increase in the absenteeism figures from 4,2% in 2005 to 4,5% in 2006, although this is still a low figure when compared to the figures in the Belgian public or private sectors.deleted
2008/03/07
Committee: CONT
Amendment 2 #

2007/2041(DEC)

Motion for a resolution
Paragraph 8 a (new)
8a. Takes the view that the authority and independence of the Members of the Court of Auditors would be strengthened if the nominees were to be proposed on the recommendation of each country's supreme national audit institution; takes the view, further, that such a procedure would also serve to improve cooperation between the Court of Auditors and national audit institutions;
2008/03/07
Committee: CONT
Amendment 2 #

2007/2040(DEC)

Motion for a resolution
Paragraph 3
3. Notes with satisfaction the adoption by the ECJ in July 2007 of a code of conduct applying to Members and former Members of the Court of Justice, the Court of First Instance and the Civil Service Tribunal, including an obligation to submit a declaration of financial interests to the President of the Court of Justice; stresses, however, its repeated request, in the interest of transparency, even in the absence of legal requirement at present, for the publication of thesconcrete declarations, for example on the ECJ's website;
2008/03/07
Committee: CONT
Amendment 3 #

2007/2040(DEC)

Motion for a resolution
Paragraph 12 a (new)
12a. Recalls that in point 35 of its Special Report No 2/2007 concerning the Institutions' expenditure on buildings the Court of Auditors commented as follows on the financing arrangements for the building of the extension to the Court of Justice in Luxembourg: '(...) the Court of Justice was not involved in the tender and the detailed negotiation of the contract - whose clauses and options it did not agree in advance - and it is not signatory to the financing contracts even though it will have to bear the financial costs (e.g. interest rates, management charges). The Court of Justice's departments examined the procedure followed by the government for awarding the contract concerning the financing of the project and pointed out that there had been a lack of appropriate competition (...)'; calls on the Commission to submit, by July 2008 at the latest, the findings of the further investigations into possible breaches of the directives on public procurement announced in connection with the Court of Justice extension project in its answer to Written Question E-4016/2007;
2008/03/07
Committee: CONT
Amendment 1 #

2007/2039(DEC)

Motion for a resolution
Paragraph 11 a (new)
11a. Welcomes the fact, in this connection, that the Council and the other Community institutions and bodies all accept the established practice that Parliament grants their Secretaries- General discharge in respect of their implementation of the budget, but explicitly criticises the fact that the Financial Regulation contains no reference whatsoever to this procedure, but only provisions relating to the discharge to be granted to the Commission;
2008/03/07
Committee: CONT
Amendment 2 #

2007/2039(DEC)

Motion for a resolution
Paragraph 11 b (new)
11b. Takes the view that this situation is not consistent with Article 274 of the Treaty, which stipulates that 'the regulations shall lay down detailed rules for each institution concerning its part in effecting its own expenditure'; notes that this should also encompass provisions which clearly lay down accountability requirements vis-à-vis the institution granting discharge; calls on the Commission to put forward, by September 2008 at the latest, a suitable legislative proposal to incorporate such a provision in the Financial Regulation;
2008/03/07
Committee: CONT
Amendment 2 #

2007/2027(INI)

Motion for a resolution
Recital H
H. whereas nothing in this resolution should be taken as affecting the independence of judges, in accordance with Recommendation No. R(94)12 of the Committee of Ministers of the Council of Europe and, the 1998 European Charter on the statute for judges and the national legal systems,
2008/04/25
Committee: JURI
Amendment 8 #

2007/2027(INI)

Motion for a resolution
Paragraph 8
8. Is of the opinion that a true European judicial area in which effective judicial cooperation can take place requires not only knowledge of European law, but also mutual knowledge of the fundamentals of the legal systems of the other Member States; highlights the inconsistencies in the treatment of foreign law throughout the European Union and considers that this important issue should be addressed in the future; takes note in that respect of the Commission's forthcoming horizontal study on the treatment of foreign law in civil and commercial matters, and of the ongoing studies in the framework of the Hague Conference on Private International Law;
2008/04/25
Committee: JURI
Amendment 11 #

2007/2027(INI)

Motion for a resolution
Paragraph 15
15. Encourages the development of common components in syllabi and training methods across the Member States in the area of civil justice, in addition to the existing initiatives in the field of criminal justice;deleted
2008/04/25
Committee: JURI
Amendment 14 #

2007/2027(INI)

Motion for a resolution
Paragraph 19
19. Considers, however, that the time is ripe for a pragmatic institutional solution to judicial training at EU level which makes full use of existing structures whilst avoiding unnecessary duplication of programmes; calls, therefore, for the creation of a European Judicial Academy composed of the European Judicial Training Network, whose task it would be to set training priorities, and the Academy of European Law, which would become its operative arm, implementing those priorities; calls for this institutional solution to take account of relevant experience gained in running the European Police Colle it necessary to enhance the role of the Academy of European Law so as to improve its capacity to tackle future tasks relating to the training of national judges;
2008/04/25
Committee: JURI
Amendment 17 #

2007/2027(INI)

Motion for a resolution
Paragraph 20
20. Considers that national judges cannot adopt a passive attitude to Community law, only reacting to points raised by the parties, as appears from the Court of Justice’s case-law on national courts raising Community law issues of their own motion1;deleted
2008/04/25
Committee: JURI
Amendment 19 #

2007/2027(INI)

Motion for a resolution
Paragraph 21
21. Considers that lawyers play a decisive role in the application of Community law in national courts, and calls for their training also to be strengthened by analogy with the above sections concerning national judges;deleted
2008/04/25
Committee: JURI
Amendment 24 #

2007/2027(INI)

Motion for a resolution
Paragraph 28
28. Considers, in a decentralised and mature Community legal order, that national judges should not be marginalised but rather given more responsibility and further encouraged in their role as first judges of Community law; therefore urges consideration of a “green light” system whereby national judges would include their proposed answers to the questions they refer to the Court of Justice, which could then decide within a given period whether to accept the proposed judgment or whether to rule itself in the manner of an appellate court;deleted
2008/04/25
Committee: JURI
Amendment 25 #

2007/2027(INI)

Motion for a resolution
Paragraph 29
29. Welcomes the creation of a Forum for discussing EU justice policies and practice, and calls on the Commission to ensure as far as possible that the Forum carries out its deliberations in a transparent manner so as to inform the work of all EU institutions and national authorities; notes with satisfaction the Commission's commitment to report on a regular basis both to Parliament and to the Council; welcomes the intention to coordinate work with the relevant bodies of the Council of Europe and to avoid duplicating their valuable activities;
2008/04/25
Committee: JURI
Amendment 26 #

2007/2027(INI)

Motion for a resolution
Paragraph 30
30. Strongly supports the Commission’s insistence that the Member States systematically provide correlation tables setting out how Community directives are applied in national regulations; agrees that such tables provide valuable information at minimal cost and burden; considers, moreover, that correlation tables increase transparency in the implementation of Community law and give national judges and parties before them a realistic opportunity to see whether Community law lies behind a particular national rule and to check for themselves whether, and if so how, transposition has been properly carried out;deleted
2008/04/25
Committee: JURI
Amendment 12 #

2007/0163(COD)

Proposal for a regulation
Article 3 - paragraph 3
3. The Foundation shall cooperate with the other relevant Community bodies, with the support of the Commission. The Foundation shall cooperate, in particular, with the European Centre for the Development of Vocational Training (Cedefop) in the framework of a joint annual work programme annexed to the annual work programme of each agency with the objective of promoting synergy between the activities of the two agencies and ensuring their fields of action do not overlap in order to avoid wasting valuable resources.
2008/02/08
Committee: EMPL
Amendment 16 #

2007/0163(COD)

Proposal for a regulation
Article 8 - paragraph 1
1. The representatives of the Member States, the European Parliament and the Commission on the Governing Board shall each have one vote.
2008/02/08
Committee: EMPL
Amendment 17 #

2007/0163(COD)

Proposal for a regulation
Article 10, paragraph 1, indent 1
1. . The Director of the Foundation shall be appointed by the Governing Board on the basis of a list of candidates propossubmitted by the Commission, for a period of five years. Before being appointed, the candidate selected by the Governing Board may be invited to make a statement before the competent committee(s) of the European Parliament and answer questions put by its/their members. which shall comprise a shortlist of at least three candidates, for a period of five years. The Commission shall forward the complete list of candidates to the Governing Body and to the chairperson(s) of the competent committee(s) of the European Parliament. Before being appointed, the three shortlisted candidates shall be invited to make a statement before the competent committee(s) of the European Parliament and answer questions put by its/their members The competent committee(s) of the European Parliament shall then rank the three candidates in order of preference and inform the Governing Board.
2008/02/08
Committee: EMPL
Amendment 3 #

2007/0152(CNS)

Proposal for a regulation
Article 1
TSubject to the Annex to this Regulation, the provisions of Regulation (EEC) No 883/04 and Regulation (EC) No […] shall apply to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality, as well as to members of their families and to their survivors, provided they are legally resident in the territory of a Member State and are in a situation which is not confined in all respects within a single Member State.
2008/04/15
Committee: EMPL
Amendment 4 #

2007/0152(CNS)

Proposal for a regulation
Annex (new)
Annex GERMANY In the case of family benefits, this Regulation shall apply only to third- country nationals who fulfil the conditions laid down by German legislation for entitlement to family benefits.
2008/04/15
Committee: EMPL
Amendment 20 #

2006/0084(COD)

Proposal for a regulation – amending act
Article 1 – Number 3
Regulation (EC) No 1073/1999
Article 5 – paragraph 1
1. The Office may open an investigation when sufficiently strong suspicions exist that acts of fraud or corruption or other illegal acts referred to in Article 1 have been committed. The decision whether or not to open an investigation shall take account of the investigation policy priorities and the Office’s programme of investigative activities determined in accordance with Articles 11a and 12(5). That decision shall also take account of the need for efficient utilisation of the Office’s resources and for proportionality in the means deployed. Anonymous information shall also be taken into account provided it is sufficiently well supported.
2008/07/24
Committee: JURI
Amendment 5 #

2006/0006(COD)


Recital 6 a (new)
(6a) The persons covered by this Regulation should receive from the competent institution a timely answer to their requests. The answer should be provided within the time-limits prescribed by the social security legislation of the Member State in question, where such time-limits exist. Member States whose social security legislation does not make provision for such time-limits should adopt them and make them known to concerned persons as necessary.
2009/02/19
Committee: EMPL
Amendment 9 #

2006/0006(COD)


Article 3 – paragraph 3 a (new)
3a. Persons to whom the basic Regulation applies shall on request receive an answer by the relevant deadline in accordance with the legal or administrative provisions of the Member State concerned.
2009/02/19
Committee: EMPL
Amendment 22 #

2004/0209(COD)


Recital 6 a (new)
(6a) The likelihood of sickness in companies that require staff to work on Sundays is greater than in companies that do not require staff to work on Sundays. The health of workers depends, among other factors, on their opportunities to reconcile work and family life, to establish and maintain social ties and to pursue their spiritual needs. Sunday, as the traditional weekly rest day, contributes to these objectives more than any other day of the week.
2008/10/22
Committee: EMPL
Amendment 23 #

2004/0209(COD)


Recital 6 a (new)
(6a) The likelihood of sickness in companies that require staff to work on Sundays is greater than in companies that do not require staff to work on Sundays. The health of workers depends, among other factors, on their opportunities to reconcile work and family life, to establish and maintain social ties and to pursue their spiritual needs. Sunday, as the traditional weekly rest day, contributes to these objectives more than any other day of the week.
2008/10/22
Committee: EMPL
Amendment 43 #

2004/0209(COD)


Article 1 – point 2
Directive 2003/88/EC
Article 2b – subparagraphs 2 and 3
The Member States shall ensure, without prejudice to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community and in consultation with the social partners, that: - employers inform workers in due time of any substantialwell in advance of any changes in the pattern or organisation of their working time. Taking into account workers' needs for flexibility in their working hours and patterns, the Member States shall, in accordance with national practices, also encourage employers to examine requests for changes to such working hours and patterns, subject to business needs, and to both employers' and workers' needs for flexibilitf working time, and - workers have the right to request changes to their hours and patterns of work and employers have the obligation to consider such requests fairly, having regard to the needs for flexibility of both employers and employees. An employer may refuse such a request only if the organisational disadvantages for the employer are disproportionate to the benefit to the worker. - the minimum rest period referred to in Article 5(1) of Directive 2003/88/EC shall, in principle, include Sunday.
2008/10/22
Committee: EMPL
Amendment 47 #

2004/0209(COD)


Article 1 – point 2 a (new)
Directive 2003/88/EC
Article 5 – paragraph 2 a (new)
(2a) In Article 5, paragraph 2a shall be added: "The minimum rest period referred to in the first paragraph shall in principle include Sunday."
2008/10/22
Committee: EMPL
Amendment 48 #

2004/0209(COD)


Article 1 – point 2 a (new)
Directive 2003/88/EC
Article 5 – paragraph 2 a (new)
(2a) In Article 5, paragraph 2a shall be added: "The minimum rest period referred to in the first paragraph shall in principle include Sunday."
2008/10/22
Committee: EMPL