Activities of Ilda FIGUEIREDO related to 2008/2085(INI)
Plenary speeches (1)
Challenges to collective agreements in the EU (debate)
Amendments (20)
Amendment 66 #
Motion for a resolution
Recital O c (new)
Recital O c (new)
Amendment 68 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that the freedom to provide services is a cornerstone of the European project; however, this has to be balanced against fundamental rights and the possibility for governments and trade unions to ensure non-discriminaArticle 48 EC Treaty (freedom of establishment) and Article 50 EC Treaty (freedom to provide services) essentially ensure non-discrimination and equal treatment, namely that companies seeking establishment in a Member State other than that where they have their registered office must "be treated in the same way as natural persons who are nationals of Member States" and that in the framework of the freedom to provide services, service providers temporarily operating in the host Member State shall do so "under the same conditions and equal treatment; s are imposed by that State on its own nationals";
Amendment 76 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that the prohibition of restrictions on the freedom to provide services in Article 49 EC Treaty "in respect of nationals of Member States who are established in a State of the Community other than that of the person for whom the services are intended" must be interpreted according to the non- discrimination principle as laid down in Article 50 EC Treaty;
Amendment 77 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that the interpretations of the ECJ that posted workers of a service provider from another Member State should be treated differently than those working for companies established in the host Member State and that they are only entitled to minimum working conditions and minimum wages can not be justified as such by the relevant Articles of the EC Treaty, as these promote the principles of non-discrimination and equal treatment;
Amendment 78 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Points out that Article 137 (5) of the EC Treaty excludes the issues of pay, the right of association, the right to strike or the right to impose lock-outs from the scope of the Treaty; underlines its view that therefore the ECJ is not entitled to give judgements on whether strikes, blockades and other forms of collective action have been necessary or proportional with regard to achieving a certain objective (e.g. negotiations on a collective agreement);
Amendment 79 #
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Takes note of the complaint which the postal service provider TNT filed with the European Commission, claiming that the €9.80 German minimum wage in the postal sector is too high, violates the EC Treaty on competition and freedom of establishment and is an obstacle to the realisation of a single European postal market; also takes note of the supportive comments and actions of Commissioner McCreevy thereon; points out that Article 137 (5) of the EC Treaty excludes the issue of pay from the scope of the Treaty and emphasises that neither the European Commission nor EU jurisdiction have any competency to regulate on the amount of pay;
Amendment 85 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that Article 6 of the Treaty on the European Union stipulates that the Union shall respect fundamental rights "as they result from the constitutional traditions common to the Member States, as general principles of Community law" and that the Union "shall respect the national identities of its Member States"; emphasises that European jurisprudence therefore should respect the principle of "unity in diversity" and must avoid conflict with the exercise of fundamental rights as enshrined in Member States' constitutions and also with cornerstones of their national identities (e.g. the Nordic model of collective bargaining);
Amendment 86 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Emphasises that in the western tradition of democracy and fundamental rights, fundamental rights can only be restricted if the exercise of a specific fundamental right conflicts with the exercise of other fundamental rights and that the extent of the restrictions must be laid down by law; stresses that the "fundamental freedoms" of the internal market (free movement of capital, goods and services; freedom of establishment) do not constitute fundamental rights and therefore cannot serve as a justification to restrict the exercise of fundamental rights, and especially the fundamental social right to strike and collective action;
Amendment 87 #
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Insists that the European Union respect the right to cross-border or trans- national strikes and collective action and that these rights can not be restricted by recourse to internal market freedoms nor to their possible impact on the functioning of the internal market;
Amendment 98 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Lisbon treaty and the fact that the Charter of Fundamental Rights of the European Union is made legally binding; this includesfact that the ECJ has recognised the right to strike as a fundamental social right; this includes respecting the autonomy of trade unions and the right of association, the right of trade unions to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend theirand pursue workers' interests including strike action;
Amendment 103 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets that the EU Charter of Fundamental Rights does not change the hierarchy of norms established by the Laval ruling, which stresses the supremacy of the fundamental freedoms of the internal market over the right to take collective action; deplores in this context that the 'Explanations relating to the Charter of Fundamental Rights' concerning Article 52 of that Charter point out that 'restrictions may be imposed on the exercise of fundamental rights, in particular in the context of a common organisation of the market';
Amendment 104 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that the Charter of Fundamental Rights of the European Union does not create any new rights and that the social and economic rights in the Charter do not give rise to direct claims for positive action;
Amendment 106 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that Article 3(7) of the PWD clearly states that trade unions should be able to demandMember States shall not be prevented from applying terms and conditions of employment which are more favourable to workers;
Amendment 110 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that with regard to Article 3 of the PWD, also the right and freedom of trade unions to take collective action with regard to employers of posted workers temporarily providing services in a host Member State where the union is active must be respected; the recognition of the right to strike and collective action includes efforts by the unions to improve the pay and working conditions of these posted workers above minimum standards, and to negotiate collective agreements;
Amendment 117 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that equal treatment, equal pay for equal work as well as Articles 39 and 12 of the EC Treaty form the foundation of EC law which needs to be restored and anti-discrimination as stipulated by Articles 12, 13 and 39 of the EC Treaty, and also equal pay for equal work or work of equal value as stipulated by Article 141 of the EC Treaty form the foundation of EC law which thus provides strong justifications for Member States to implement the principle of equal pay for equal work in the same territory or workplace;
Amendment 121 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that in the framework of the freedom to provide services or the freedom of establishment, the nationality of the employer, of employees or posted workers can not serve as a justification for inequalities concerning working conditions, pay or the exercise of fundamental rights such as the right to strike;
Amendment 172 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Takes note that case C-319/06 (Commission vs. Luxemburg) addresses issues such as the interpretation of the term 'public policy provisions' and the rights of Member States to control the compliance of companies that are posting workers within the very restrictive spirit of the Commission's 2006 'guidance' on posting; points out that Member States must dispose of all necessary means to effectively monitor and control undertakings posting workers and to apply sanctions;
Amendment 227 #
Motion for a resolution
Paragraph –19 (new)
Paragraph –19 (new)
–19. Calls on the Council of the European Union to stop the ratification of the Lisbon Treaty and to introduce a horizontal 'Social Progress Clause' to the Treaty with the aim of clarifying: - that the Treaty may not be interpreted as affecting in any way the exercise of fundamental rights as recognised in Member States, including the right to strike and collective action at national level and also to cross-border strikes and collective action; - that these rights also include the right or freedom to take other actions covered by specific industrial relations systems in Member States, including actions aimed at initiating the conclusion of collective agreements going beyond minimum wages and minimum standards; - that the Treaty may not be interpreted as affecting in any way the industrial relations and collective bargaining systems as recognized in Member States; - that the Treaty may not be interpreted as affecting in any way the competencies of Member States to adopt social policy legislation that provide for higher standards and requirements as those laid down in EU Directives stipulating minimum standards; - that wherever these rights as cited above and Member States social policy competencies or industrial relations systems might conflict with internal market regulation or the "fundamental freedoms" of the internal market, the former (fundamental rights etc.) must prevail over the latter;
Amendment 297 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Respects that some Member States, like Sweden, after the Laval ruling, may want to establish a legally binding exception from the Treaty in order to guarantee the continuity of their specific collective bargaining models;
Amendment 303 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Considers that the primacy of social rights over the freedoms of the internal market requires a profound revision of the treaties in order to open the way towards a Social Europe, considers that if the European institutions fail to deliver on this, the serious crisis of legitimacy of the current European economic and social model will deepen dramatically;