21 Amendments of Birgit SIPPEL related to 2013/2078(INI)
Amendment 2 #
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that, it is necessary to strengthen the protection of fundamental rights in order to safeguard the credibility of the European Union institutions and avoid double standards, the de-politicis; underlines that the Union has to contribute to the preservation and furto ther development of current procedures1 must proceed in compliance with the Treaties; __________________ 1 Working document II on the situationthese common values in compliance with the Treaties and the Charter of fFundamental rRights in the European Union in 2012, rapporteur Louis Michel, page 3.;
Amendment 4 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. considering that Article 18 of the Treaty on the Functioning of the European Union prohibits all kinds of discrimination the basis of nationality, be it direct or indirect;
Amendment 5 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. considering that the European Union has, pursuant to Article 151 of the Treaty on the Functioning of the European Union, as objective the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, as well as the development of human resources with a view to lasting high employment and the combating of exclusion;
Amendment 6 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. considering that the right of freedom of assembly and of association is laid down in Article 12 of the Charter of Fundamental rights, and that the autonomy of social partners has to be respected at all times pursuant to Article 152 of the Treaty on the Functioning of the European Union;
Amendment 7 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. considering the entitlement of European citizens to social security benefits and social services pursuant to Article 34 of the Charter of Fundamental rights;
Amendment 8 #
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Considering that the right to collective bargaining and action is a fundamental right pursuant to Article 28 of the Charter of Fundamental rights;
Amendment 10 #
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the Court of Justice of the European Union shas jurisdiction in matters relating to the Tll use the Charter of Fundamental Rights as an interpretaties and to ve guide in litigation concerned withe secondary legislation, including application of the Charter of Fundamental Rights and the area of employment2 , and that it must proceed in dispute hearings in a way which is appropriocial and labour rights and that it such litigation could take the form of legal action by way of preliminary references by national courts (Article 267 TFEU) challenging Member States' implementation of Union law, which arguably violate,s transparent and fair (‘he fundamental social rights of workers in the Charter; stresses the right to a fair trial’), in particular in cases involving a ‘'serious and persistent breach’', as laid down in Article 7 of the Treaty on European Union, and that the Court can currently be used as a way for the Member States to express their technical positions, with the proper representation, in the appropriate way and within a suitable time, if they disagree with the interpretation of the European Commission; confirmwelcomes that the European Parliament may not proceed in the place of the European Commission or the Court of Justice of the European Union, given that the European Parliament is not a law enforcement body; __________________ 2Commission has announced a proposal creating a new mechanism in order to enforce the values set out in Article 16 and 22 of the Charter of Fundamental Rights of the European Union in the case of C-202/11, judgment of the Court of 16 April 2013 Anton Las v PSA Antwerp NV.Treaty of the European Union;
Amendment 14 #
Draft opinion
Paragraph 4
Paragraph 4
4. Reminds the institutions of the European Union that, in order to safeguard and apply human rights, it is only possible to envisage coherence and uniform, objective implementation if the existing procedures can be strengthened at the level of EU law with guarantees which mustcan be put in place at the level of secondary legislation as well as at the level of the Treaties.
Amendment 16 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. stresses the need for a common horizontal legislation on Anti- Discrimination in order to remove barriers to free movement; calls on the Council to end its blockade concerning the Commission proposal being already on the table;
Amendment 17 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. notes that the Troika has pushed program countries into deep recession by pressuring the evolution of salaries; stresses that the autonomy of social partners has to be protected and promoted at all times in accordance with the Treaty;
Amendment 20 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. underlines the right of workers working in another EU country to equal treatment with national workers concerning employment, remuneration and other working conditions without having to demand a working permit, as well as regarding tax benefits, the right to portability of social security benefits, family reunification and the right of their children to education;
Amendment 22 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. stresses that the coordination of social security benefits is a precondition for free movement; calls on the Commission to make a proposal for a reform of Regulation 883/2004/EC in order to extend the export of unemployment benefits to a mandatory six months instead of three;
Amendment 23 #
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. notes that the importance of cross- border labour markets and of intra-EU mobility in general is on the increase. However, there is a lack of information on rules and regulations that applying to the workplace, including labour rights, working conditions and social security.; underlines that proper information is a precondition so that these workers' can enjoy their right to free movement, like in the preparatory action for information centres for posted workers;
Amendment 24 #
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. underlines the necessity of a European quality framework for traineeships setting out rights and obligations of both sides, enabling mobility and protecting trainees from exploitation;
Amendment 25 #
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. deplores that in some Member States, transitional rules on free movement of workers are still in place; stresses that fears on negative impacts of labour migration are not funded, underlines that estimates show an increase by almost 1 % in the long term of the GDP of EU-15 countries as a result of post-enlargement mobility (in 2004-09)1; __________________ 1 Employment and social developments in Europe 2011, chapter 6: Intra-EU labour mobility and the impact of enlargement, p. 274.
Amendment 26 #
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4 h. notes that recent debates labelling free movement as migration into social security systems are not based on facts2; underlines that discrimination is a major obstacle for European citizens to enjoy fundamental rights; stresses that union citizens residing permanently in a Member State enjoy the right to equal treatment regarding social security pursuant to Regulation 883/2004; __________________ 2 See A fact finding analysis on the impact on the Member States' social security systems of the entitlements of non-active intra-EU migrants to special non- contributory cash benefits and healthcare granted on the basis of residence, DG Employment, Final report submitted by ICF GHK in association with Milieu Ltd., 14. October 2013.
Amendment 27 #
Draft opinion
Paragraph 4 i (new)
Paragraph 4 i (new)
4 i. emphasise the necessity for the Commission and the Member States to strengthening their work concerning developing and guarantee labour rights and social fundamental rights, as a crucial step in order to ensure that equal treatment, decent jobs and living salaries are obtained in the European Union;
Amendment 28 #
Draft opinion
Paragraph 4 j (new)
Paragraph 4 j (new)
4 j. calls on the Commission and the Member States to recognize victims of any form of labour exploitation, undeclared work, forced labour, labour trafficking or other form of violating of labour right, should be regarded as victims of exploitation against the workers fundamental human rights;
Amendment 29 #
Draft opinion
Paragraph 4 k (new)
Paragraph 4 k (new)
4 k. stresses the need for the Member States to strengthening labour inspections in order to effective fight against labour trafficking, forced labour, exploitation of workers, undeclared work and other forms of violation of workers fundamental human rights;
Amendment 30 #
Draft opinion
Paragraph 4 l (new)
Paragraph 4 l (new)
4 l. calls on the Commission and the Member States to recognize the workers right to safe and healthy working conditions as stated in The European Social Charter Art. 3 as essential for the workers opportunity to live a decent life and to ensure the respect for his or hers fundamental rights;
Amendment 31 #
Draft opinion
Paragraph 4 m (new)
Paragraph 4 m (new)
4 m. highlights the importance of the social partners role in collective bargaining for ensuring that the fundamental rights and equal treatment of worker are obtained, especially regarding youth, women, persons with disabilities and other social disadvantages groups at the labour market;