8 Amendments of Sylvana RAPTI related to 2013/2023(INI)
Amendment 1 #
Draft opinion
Paragraph A a (new)
Paragraph A a (new)
Aa. whereas the Interinstitutional Agreement of 28 November 20011 provides that the recast technique is to be used for acts which are frequently amended, which was not the case concerning Council Regulation (EC) No 44/2001 of 22 December 2000; in such cases the use of the recast technique is an unjustified limitation of the European Parliament's co-decision rights; __________________ 1 Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, OJ C 077, 28.3.2002, p. 1.
Amendment 2 #
Draft opinion
Paragraph A b (new)
Paragraph A b (new)
Ab. whereas it is a major concern of private international law at European level to prevent forum shopping – particularly when this might occur to the detriment of the weaker party, such as employees in particular – and to ensure the greatest possible level of predictability as to jurisdiction;
Amendment 3 #
Draft opinion
Paragraph A c (new)
Paragraph A c (new)
Ac. whereas, in principle the court of the Member State with the closest connection to the case should have jurisdiction; in particular, with regard to industrial action, the courts of the Member State where the industrial action is to be or has been taken should have jurisdiction;
Amendment 4 #
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that one of the main principles of International Private Jurisdiction Law is the protection of the weaker party and that the objective of employee protection is spelt out in the current jurisdiction rules;
Amendment 6 #
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that employees are generally well protected by jurisdiction rules in employment matters when they are defendants in cases brought by their employers through the exclusive grounds of jurisdiction laid down in the Brussels I Regulation;
Amendment 7 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for an improvement of European jurisdiction rules applicable to proceedings which have as their objectin the field of employment matters, applicable to industrial actions and individual contracts of employment;
Amendment 8 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to propose an amendment to the Brussels I Regulation for an exclusive forum for disputes concerning industrial action, in the place where the industrial action is to be or has been taken;
Amendment 9 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls foron the courts of the Member State in which the employer is established to have exclusive jurisdiction on proceedings in which an employee who is resident in one Member State habitually carries out his or her work in a different Member State from that in whichCommission to propose an amendment to Article 19 of the Brussels I Regulation to ensure that the employee can sue his employer in the courts of the Member State where the employere is actually establishdomiciled.;