Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | EMPL | ANDERSSON Jan ( PSE) | |
Committee Opinion | IMCO | HANDZLIK Małgorzata ( PPE-DE) | |
Committee Opinion | JURI | ZWIEFKA Tadeusz ( PPE-DE) |
Lead committee dossier:
Legal Basis:
RoP P.F.
Legal Basis:
RoP P.F.Subjects
Events
The European Parliament adopted by 474 votes to 106 with 93 abstentions, a resolution on challenges to collective agreements in the EU.
The own-initiative report had been tabled for consideration in plenary by Jan ANDERSSON (PES, SE) on behalf of the Committee on Employment and Social Affairs.
Freedom of treatment, a fundamental principle : Parliament is of the opinion that any EU citizen should have the right to work anywhere in the European Union and thus should have a right to equal treatment. It regrets that this right is not applied uniformly across the EU. MEPs consider that this aspect should be balanced, on the one hand, against fundamental rights and the social objectives set out in the Treaties and on the other hand, against the right of the public and social partners to ensure non-discrimination, equal treatment, and the improvement of living and working conditions.
MEPs emphasise that freedom to provide services does not contradict and is not superior to the fundamental right of social partners to promote social dialogue and to take industrial action. They reaffirm that fundamental social rights are not subordinate to economic rights in a hierarchy of fundamental freedoms and ask for a re-assertion in primary law of the balance between fundamental rights and economic freedoms in order to help avoiding a race to lower social standards.
Directive on the posting of workers (PWD) : Parliament believes that the intention of the legislator in the PWD and Services Directive is incompatible with interpretations which may invite unfair competition between undertakings. It considers that correct application and enforcement of the provisions of the PWD are essential to secure the attainment of its objectives, namely to facilitate the provision of services while guaranteeing the appropriate protection of workers, and to fully respect collective bargaining arrangements existing in the Member States to which workers are posted within the framework of that Directive.
The resolution emphasises that Community law has to respect the principle of non discrimination and that the Community legislator has to ensure that no obstacles are created either to collective agreements, for example, those implementing the principle of equal pay for equal work for all workers in the workplace, regardless of their nationality or that of their employer, in the place where the service is provided, or to industrial action in support of such an agreement which is in accordance with national laws or practice. Parliament therefore considers that the legal basis of the posting of workers directive could be broadened to include a reference to the free movement of workers.
MEPs question the introduction of a “ proportionality principle ” for actions against undertakings which, by relying on the right of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment.
MEPs acknowledge that the European Court of Justice rulings in the Laval, Rüffert and Luxembourg cases have demonstrated that it is necessary to clarify that economic freedoms, as established in the Treaties, should be interpreted in such a way as not to infringe upon the exercise of fundamental social rights as recognised in the Member States and by Community law, including the right to negotiate, conclude and enforce collective agreements and to take collective action, and as not infringing upon the autonomy of social partners when exercising these fundamental rights in pursuit of social interests and the protection of workers.
Revision of the current legislation : recognising that the ECJ rulings have caused great concerns as to the way in which minimum harmonisation directives must be interpreted, the final resolution sets out a number of actions to ensure the necessary changes are made to European legislation:
- Parliament invites all Member States to properly enforce the posting of workers Directive and calls on the Commission to prepare the necessary legislative proposals which would assist in preventing conflicting interpretation in the future. Parliament emphasises that it must be made absolutely clear that the directive on the posting of workers and other directives do not prohibit Member States and social partners from demanding more favourable conditions, aimed at equal treatment of workers, and that there are assurances that Community legislation can be implemented on the basis of all the existing labour market models;
- Parliament considers that any review of that Directive should be done after a thorough analysis at national level of the actual challenges to the different models of collective agreement, and that the review, if deemed useful, should deal in particular with issues such as applicable working conditions, pay levels, the principle of equal treatment of workers in the context of free movement of services, respect for different labour models and the duration of posting;
- MEPs encourage the implementation of the Council Conclusions of 9 June 2008 without delay to remedy shortcomings in the implementation, to prevent further problematic situations and abuses and to create the desired climate of mutual trust and confidence. They call on the Commission and the Members States to foster closer cooperation between the Members States, national authorities and the Commission with regard to monitoring and the exchange of best practice;
- MEPs ask the Member States and the Commission to adopt measures to combat abuses, in particular regarding activities of those "letterbox-companies" which are not engaged in any genuine and effective business in the country of establishment but which have been created, sometimes even directly by the main contractor in the host country, for the sole purpose of carrying out business in the host country, in order to circumvent the full application of host country rules and regulations in particular with regard to wages and working conditions;
- lastly, the Commission is invited to put forward the long awaited Communication on transnational collective bargaining proposing the establishment of a legal framework for transnational collective agreements.
The Committee on Employment and Social Affairs adopted the own-initiative report by Jan ANDERSSON (PES, SE) on challenges to collective agreements in the EU.
Freedom of treatment, a fundamental principle : MEPs are of the opinion that any EU citizen should have the right to work anywhere in the European Union and thus should have a right to equal treatment. They regret that this right is not applied uniformly across the EU. MEPs consider that this aspect should be balanced, on the one hand, against fundamental rights and the social objectives set out in the Treaties and on the other hand, against the right of the public and social partners to ensure non-discrimination, equal treatment, and the improvement of living and working conditions. MEPs recall that collective bargaining and collective action are fundamental rights that are recognised by the Charter of Fundamental Rights of the European Union and that equal treatment is a fundamental principle of the European Union.
MEPs emphasise that freedom to provide services does not contradict and is not superior to the fundamental right of social partners to promote social dialogue and to take industrial action. They reaffirm that fundamental social rights are not subordinate to economic rights in a hierarchy of fundamental freedoms and ask for a re-assertion in primary law of the balance between fundamental rights and economic freedoms in order to help avoiding a race to lower social standards.
Directive on the posting of workers (PWD) : the report recalls that the posting of workers Directive allows public authorities and social partners to lay down terms and conditions of employment which are more favourable to workers according to the different traditions in the Member States. The Directive is without prejudice to the law of the Member States concerning collective action to defend the interests of trades and professions. MEPs emphasise therefore the need to safeguard and to strengthen equal treatment and equal pay for equal work in the same workplace. The report underlines that, in the framework of freedom to provide services or freedom of establishment, the nationality of the employer, or of employees or posted workers cannot justify inequalities concerning working conditions, pay or the exercise of fundamental rights such as the right to strike.
MEPs question the introduction of a “ proportionality principle ” for actions against undertakings which, by relying on the right of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment.
MEPs acknowledge that the European Court of Justice rulings in the Laval, Rüffert and Luxembourg cases have demonstrated that it is necessary to clarify that economic freedoms, as established in the Treaties, should be interpreted in such a way as not to infringe upon the exercise of fundamental social rights as recognised in the Member States and by Community law, including the right to negotiate, conclude and enforce collective agreements and to take collective action, and as not infringing upon the autonomy of social partners when exercising these fundamental rights in pursuit of social interests and the protection of workers.
Revision of the current legislation : recognising that the ECJ rulings have caused great concerns as to the way in which minimum harmonisation directives must be interpreted, the report sets out a number of actions to ensure the necessary changes are made to European legislation:
emphasising that the current situation might as result lead to workers in host countries feeling pressured by low wage competition, MEPs consider that consistent implementation of the posting of workers Directive must be ensured in all Member States. The Commission is invited to prepare the necessary legislative proposals which would assist in preventing conflicting interpretation in the future. It should be made absolutely clear that the PWD and other directives do not prohibit Member States and social partners from demanding more favourable conditions, aimed at equal treatment of workers; the Commission and the Member States are asked to adopt measures to combat abuses, in particular regarding activities of those " letterbox-companies " which are not engaged in any genuine and effective business in the country of establishment but which have been created, sometimes even directly by the main contractor in the host country, for the sole purpose of carrying out business in the host country, in order to circumvent the full application of host country rules and regulations in particular with regard to wages and working conditions; the Commission is called upon to present its Communication on transnational collective bargaining proposing the establishment of a legal framework for transnational collective agreements.
Documents
- Commission response to text adopted in plenary: SP(2008)7292/4
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T6-0513/2008
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A6-0370/2008
- Committee report tabled for plenary: A6-0370/2008
- Committee opinion: PE407.900
- Committee opinion: PE406.129
- Amendments tabled in committee: PE407.813
- Committee draft report: PE405.897
- Committee draft report: PE405.897
- Amendments tabled in committee: PE407.813
- Committee opinion: PE406.129
- Committee opinion: PE407.900
- Committee report tabled for plenary, single reading: A6-0370/2008
- Commission response to text adopted in plenary: SP(2008)7292/4
Activities
- Jan ANDERSSON
Plenary Speeches (2)
- Jacek PROTASIEWICZ
Plenary Speeches (2)
- Costas BOTOPOULOS
Plenary Speeches (1)
- Elmar BROK
Plenary Speeches (1)
- Philip BUSHILL-MATTHEWS
Plenary Speeches (1)
- Ole CHRISTENSEN
Plenary Speeches (1)
- Luigi COCILOVO
Plenary Speeches (1)
- Gabriela CREȚU
Plenary Speeches (1)
- Hanne DAHL
Plenary Speeches (1)
- Bairbre de BRÚN
Plenary Speeches (1)
- Proinsias DE ROSSA
Plenary Speeches (1)
- Roberto FIORE
Plenary Speeches (1)
- Ilda FIGUEIREDO
Plenary Speeches (1)
- Hélène GOUDIN
Plenary Speeches (1)
- Małgorzata HANDZLIK
Plenary Speeches (1)
- Marian HARKIN
Plenary Speeches (1)
- Gunnar HÖKMARK
Plenary Speeches (1)
- Stephen HUGHES
Plenary Speeches (1)
- Anne E. JENSEN
Plenary Speeches (1)
- Magda KÓSÁNÉ KOVÁCS
Plenary Speeches (1)
- Mary Lou McDONALD
Plenary Speeches (1)
- Thomas MANN
Plenary Speeches (1)
- Jan Tadeusz MASIEL
Plenary Speeches (1)
- Emilio MENÉNDEZ del VALLE
Plenary Speeches (1)
- Marianne MIKKO
Plenary Speeches (1)
- Siiri OVIIR
Plenary Speeches (1)
- Hans-Gert PÖTTERING
Plenary Speeches (1)
- Zuzana ROITHOVÁ
Plenary Speeches (1)
- Luca ROMAGNOLI
Plenary Speeches (1)
- Olle SCHMIDT
Plenary Speeches (1)
- Elisabeth SCHROEDTER
Plenary Speeches (1)
- Søren Bo SØNDERGAARD
Plenary Speeches (1)
- Csaba Sándor TABAJDI
Plenary Speeches (1)
- Ewa TOMASZEWSKA
Plenary Speeches (1)
- Yannick VAUGRENARD
Plenary Speeches (1)
- Alejo VIDAL-QUADRAS
Plenary Speeches (1)
- Diana WALLIS
Plenary Speeches (1)
- Gabriele ZIMMER
Plenary Speeches (1)
- Tadeusz ZWIEFKA
Plenary Speeches (1)
Votes
Rapport Andersson A6-0370/2008 - am. 18 #
Rapport Andersson A6-0370/2008 - am. 19 #
Rapport Andersson A6-0370/2008 - par. 4/2 #
Rapport Andersson A6-0370/2008 - am. 20 #
Rapport Andersson A6-0370/2008 - am. 4 #
HU | PL | LT | LV | CZ | IE | BG | MT | SK | EE | SI | NL | LU | RO | CY | SE | FI | GB | DK | AT | PT | EL | IT | BE | DE | ES | FR | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
20
|
50
|
11
|
7
|
20
|
13
|
16
|
4
|
11
|
6
|
5
|
26
|
5
|
30
|
5
|
18
|
12
|
66
|
14
|
16
|
20
|
23
|
65
|
23
|
93
|
46
|
66
|
|
PPE-DE |
252
|
Hungary PPE-DEFor (13) |
Poland PPE-DEFor (11)Against (2) |
1
|
2
|
Czechia PPE-DEFor (10)Against (2) |
Ireland PPE-DEFor (3)Abstain (2) |
Bulgaria PPE-DEFor (2)Abstain (3) |
2
|
Slovakia PPE-DEAbstain (1) |
1
|
3
|
Netherlands PPE-DEAgainst (3) |
2
|
Romania PPE-DEFor (7)Against (5)Abstain (3) |
2
|
Sweden PPE-DEAgainst (1) |
2
|
United Kingdom PPE-DEFor (22)Christopher BEAZLEY, Den DOVER, Edward MCMILLAN-SCOTT, Geoffrey VAN ORDEN, Giles CHICHESTER, James ELLES, James NICHOLSON, John BOWIS, John PURVIS, Jonathan EVANS, Malcolm HARBOUR, Martin CALLANAN, Neil PARISH, Nirj DEVA, Philip BRADBOURN, Philip BUSHILL-MATTHEWS, Richard ASHWORTH, Robert STURDY, Sir Robert ATKINS, Struan STEVENSON, Timothy Charles Ayrton TANNOCK, Timothy KIRKHOPE
Against (1) |
1
|
Austria PPE-DEAgainst (4)Abstain (1) |
Portugal PPE-DEFor (1)Against (5)Abstain (1) |
Italy PPE-DEFor (11)Against (6)Abstain (1) |
Belgium PPE-DEAgainst (3)Abstain (1) |
Germany PPE-DEFor (23)Albert DESS, Alexander RADWAN, Alfred GOMOLKA, Angelika NIEBLER, Elisabeth JEGGLE, Ewa KLAMT, Godelieve QUISTHOUDT-ROWOHL, Hartmut NASSAUER, Herbert REUL, Ingeborg GRÄSSLE, Ingo FRIEDRICH, Karl-Heinz FLORENZ, Karsten Friedrich HOPPENSTEDT, Klaus-Heiner LEHNE, Kurt LECHNER, Manfred WEBER, Michael GAHLER, Peter LIESE, Rainer WIELAND, Reimer BÖGE, Roland GEWALT, Ruth HIERONYMI, Werner LANGEN
Against (14) |
Spain PPE-DEFor (1)Against (1)Abstain (20)
Agustín DÍAZ DE MERA GARCÍA CONSUEGRA,
Antonio LÓPEZ-ISTÚRIZ WHITE,
Carlos ITURGAIZ,
Carmen FRAGA ESTÉVEZ,
Cristina GUTIÉRREZ-CORTINES,
Daniel VARELA SUANZES-CARPEGNA,
Esther HERRANZ GARCÍA,
Florencio LUQUE AGUILAR,
Francisco José MILLÁN MON,
Gerardo GALEOTE,
José Ignacio SALAFRANCA SÁNCHEZ-NEYRA,
José Manuel GARCÍA-MARGALLO Y MARFIL,
Juan Andrés NARANJO ESCOBAR,
Luis HERRERO-TEJEDOR,
Luis de GRANDES PASCUAL,
Pilar AYUSO,
Pilar DEL CASTILLO VERA,
Salvador Domingo SANZ PALACIO,
Salvador GARRIGA POLLEDO,
Íñigo MÉNDEZ DE VIGO
|
France PPE-DEFor (2)Against (16) |
|
UEN |
37
|
Poland UENFor (6)Against (12)Abstain (1) |
1
|
3
|
4
|
1
|
||||||||||||||||||||||
IND/DEM |
20
|
3
|
1
|
1
|
2
|
2
|
United Kingdom IND/DEMAgainst (6) |
1
|
1
|
3
|
||||||||||||||||||
NI |
29
|
2
|
1
|
2
|
3
|
United Kingdom NIAgainst (4)Abstain (2) |
2
|
3
|
3
|
France NIAgainst (7) |
||||||||||||||||||
ALDE |
92
|
1
|
Poland ALDEFor (5) |
Lithuania ALDEFor (6)Against (1) |
1
|
1
|
Bulgaria ALDE |
2
|
2
|
Netherlands ALDE |
1
|
Romania ALDEFor (2)Against (4) |
1
|
2
|
Finland ALDEFor (1)Against (4) |
United Kingdom ALDEAgainst (5) |
Denmark ALDEAgainst (3)Abstain (1) |
1
|
Italy ALDEFor (1)Against (10) |
Belgium ALDEAgainst (5) |
Germany ALDEFor (7) |
2
|
France ALDEFor (1)Against (8) |
|||||
GUE/NGL |
37
|
4
|
1
|
2
|
2
|
2
|
1
|
1
|
1
|
3
|
Greece GUE/NGL |
Italy GUE/NGLAgainst (7) |
Germany GUE/NGLAgainst (6) |
1
|
2
|
|||||||||||||
Verts/ALE |
39
|
1
|
Netherlands Verts/ALEAbstain (1) |
1
|
1
|
1
|
1
|
3
|
1
|
2
|
2
|
2
|
Germany Verts/ALEAgainst (11) |
3
|
France Verts/ALEAgainst (6) |
|||||||||||||
PSE |
185
|
Hungary PSEFor (6) |
Poland PSEFor (7)Against (1) |
2
|
2
|
1
|
Bulgaria PSEAgainst (1) |
2
|
2
|
3
|
Netherlands PSEAgainst (6) |
1
|
Romania PSEFor (1)Against (7) |
5
|
3
|
United Kingdom PSEAgainst (17) |
Denmark PSEAgainst (5) |
Austria PSEAgainst (6) |
Portugal PSEAgainst (10) |
Greece PSEFor (1)Against (6) |
Italy PSEAgainst (15) |
Belgium PSEAgainst (9) |
Germany PSEAgainst (23)
Barbara WEILER,
Bernhard RAPKAY,
Constanze KREHL,
Dagmar ROTH-BEHRENDT,
Erika MANN,
Evelyne GEBHARDT,
Heinz KINDERMANN,
Helmut KUHNE,
Jo LEINEN,
Jutta HAUG,
Karin JÖNS,
Klaus HÄNSCH,
Lissy GRÖNER,
Martin SCHULZ,
Matthias GROOTE,
Mechtild ROTHE,
Norbert GLANTE,
Ralf WALTER,
Udo BULLMANN,
Ulrich STOCKMANN,
Ulrike RODUST,
Vural ÖGER,
Wolfgang KREISSL-DÖRFLER
|
Spain PSEAgainst (18)
Alejandro CERCAS,
Antolín SÁNCHEZ PRESEDO,
Antonio MASIP HIDALGO,
Carlos CARNERO GONZÁLEZ,
Emilio MENÉNDEZ del VALLE,
Francisca PLEGUEZUELOS AGUILAR,
Inés AYALA SENDER,
Iratxe GARCÍA PÉREZ,
Juan FRAILE CANTÓN,
Luis YÁÑEZ-BARNUEVO GARCÍA,
Manuel MEDINA ORTEGA,
Maria BADIA i CUTCHET,
Martí GRAU i SEGÚ,
María SORNOSA MARTÍNEZ,
Miguel Angel MARTÍNEZ MARTÍNEZ,
Rosa MIGUÉLEZ RAMOS,
Teresa RIERA MADURELL,
Vicente Miguel GARCÉS RAMÓN
|
France PSEAgainst (21)
Anne FERREIRA,
Bernadette VERGNAUD,
Bernard POIGNANT,
Brigitte DOUAY,
Catherine GUY-QUINT,
Catherine NERIS,
Catherine TRAUTMANN,
Françoise CASTEX,
Gilles SAVARY,
Harlem DÉSIR,
Jean Louis COTTIGNY,
Kader ARIF,
Marie-Noëlle LIENEMANN,
Martine ROURE,
Michel ROCARD,
Pervenche BERÈS,
Pierre PRIBETICH,
Pierre SCHAPIRA,
Stéphane LE FOLL,
Vincent PEILLON,
Yannick VAUGRENARD
|
Rapport Andersson A6-0370/2008 - am. 21 #
Rapport Andersson A6-0370/2008 - am. 22 #
Rapport Andersson A6-0370/2008 - am. 28 #
Rapport Andersson A6-0370/2008 - am. 9 #
Rapport Andersson A6-0370/2008 - am. 29 #
Rapport Andersson A6-0370/2008 - am. 30 #
Rapport Andersson A6-0370/2008 - am. 11 #
Rapport Andersson A6-0370/2008 - am. 12 #
Rapport Andersson A6-0370/2008 - am. 23 #
Rapport Andersson A6-0370/2008 - am. 24 #
Rapport Andersson A6-0370/2008 - am. 25 #
Rapport Andersson A6-0370/2008 - am. 26 #
Rapport Andersson A6-0370/2008 - citation 4 #
Rapport Andersson A6-0370/2008 - am. 16 #
Rapport Andersson A6-0370/2008 - am. 27 #
Rapport Andersson A6-0370/2008 - am. 17/1 #
Rapport Andersson A6-0370/2008 - am. 17/2 #
Rapport Andersson A6-0370/2008 - résolution #
Amendments | Dossier |
377 |
2008/2085(INI)
2008/06/09
IMCO
38 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas the right to take collective action is recognized as fundamental right of the general principles of Community law, and whereas the European Court of Justice has confirmed this right, which has been reaffirmed in the Lisbon Treaty,
Amendment 10 #
Draft opinion Paragraph 1 b (new) 1b. Stresses that the current situation could cause workers in host countries to be subjected to pressure from distorted competition based on low wages and poor working conditions, which could give rise to a reaction undermining the completion of the internal market;
Amendment 11 #
Draft opinion Paragraph 2 2. Points out
Amendment 12 #
Draft opinion Paragraph 2 2. Points out
Amendment 13 #
Draft opinion Paragraph 2 2. Points out, taking into account ECJ rulings, that services providers from other Member States
Amendment 14 #
Draft opinion Paragraph 2 2. Points out, taking into account ECJ rulings, that imposing working conditions on workers posted by service
Amendment 15 #
Draft opinion Paragraph 2 2. Points out, taking into account ECJ rulings, that the fact that services providers from other Member States
Amendment 16 #
Draft opinion Paragraph 2 a (new) 2a. Notes that it is important that the rules on the European labour market are transparent and equivalent for all but also that different political traditions make it impossible to have a single labour market model; considers that, where certain Member States are particularly affected, a detailed impact assessment of the judgment should be carried out at national level in consultation with the social partners;
Amendment 17 #
Draft opinion Paragraph 2 b (new) 2b. Considers that the fact that posted workers may receive less pay than non- posted workers performing the same tasks is an attack on their dignity and their interests; stresses that this is tantamount to discrimination, in the same way as wage disparities between workers for the same work depending on their gender, nationality or any other arbitrary criterion;
Amendment 18 #
Draft opinion Paragraph 3 3.
Amendment 19 #
Draft opinion Paragraph 3 3. Stresses that
Amendment 2 #
Draft opinion Recital B B. Whereas
Amendment 20 #
Draft opinion Paragraph 3 3. Stresses that the
Amendment 21 #
Draft opinion Paragraph 3 3. Stresses that further
Amendment 22 #
Draft opinion Paragraph 3 3. Stresses that
Amendment 23 #
Draft opinion Paragraph 3 3. Stresses that there is no need to revise
Amendment 24 #
Draft opinion Paragraph 3 a (new) 3a. Points out that Article 3(7) of the Directive on the posting of workers enables posted workers to take the home country's more advantageous conditions with them during their posting in the host country;
Amendment 25 #
Draft opinion Paragraph 4 4. Considers that uniform application and enforcement of its provisions are
Amendment 26 #
Draft opinion Paragraph 4 4. Considers that
Amendment 27 #
Draft opinion Paragraph 4 4. Considers that uniform application and enforcement of its provisions are sufficient to secure the attainment of its objectives
Amendment 28 #
Draft opinion Paragraph 4 4. Considers that uniform application and enforcement of its provisions
Amendment 29 #
Draft opinion Paragraph 5 5. Calls on the
Amendment 3 #
Draft opinion Recital B B. Whereas the principle of the free
Amendment 30 #
Draft opinion Paragraph 5 5. Calls on the Commission and Member States to remedy shortcomings in the implementation, application and enforcement of the Directive 96/71/EC; urges the
Amendment 31 #
Draft opinion Paragraph 5 5. Calls on the Commission and Member States to remedy shortcomings in the implementation, application and enforcement of the Directive 96/71/EC; urges the Commission to take appropriate actions against Member States that do not apply Community law in this area
Amendment 32 #
Draft opinion Paragraph 5 5. Calls on the Commission and Member States to remedy shortcomings in the implementation, application and enforcement of the Directive 96/71/EC; urges the Commission to take appropriate actions against Member States that do not apply Community law in this area as
Amendment 33 #
Draft opinion Paragraph 5 a (new) 5a. Stresses that the CJCE rulings do not reflect the legislator's intention in relation to the directives on the posting of workers and on services, thus leaving the way open to distortions of competition, in that companies which sign and apply collective agreements will be disadvantaged in relation to companies that refuse to do so;
Amendment 34 #
Draft opinion Paragraph 5 b (new) 5b. Points out that the legislative authority's main task is to define the meaning of the law, and that excessive use of Court of Justice interpretations undermines the Union's foundations;
Amendment 35 #
Draft opinion Paragraph 6 6. Calls on the Commission to provide more guidance to
Amendment 36 #
Draft opinion Paragraph 6 6. Calls on the Commission to provide more guidance to Member States on the posting of workers in the framework of the provision of services, taking into account
Amendment 37 #
Draft opinion Paragraph 6 6. Calls on the Commission to provide more guidance to Member States on the posting of workers in the framework of the provision of services
Amendment 38 #
Draft opinion Paragraph 6 a (new) Amendment 4 #
Draft opinion Recital B B. Whereas the principle of the free movement of services, as
Amendment 5 #
Draft opinion Recital B B. whereas the principle of the free movement of services, as other freedoms of the internal market, are at the core of European integration and therefore those freedoms should
Amendment 6 #
Draft opinion Recital B a (new) Ba. whereas the decisions of the Court give a very narrow interpretation of the Directive on the posting of workers, and whereas this could have an impact on equal treatment and the protection of workers,
Amendment 7 #
Draft opinion Paragraph 1 1. Underlines the need to
Amendment 8 #
Draft opinion Paragraph 1 1. Underlines the need to maintain the balance between the
Amendment 9 #
Draft opinion Paragraph 1 a (new) 1a. Stresses that the Directive on the posting of workers, as interpreted by the Court of Justice, would make it impossible to claim equal pay for workers irrespective of their nationality or that of their employer at the place where the service is provided, which runs contrary to the principle of non-discrimination enshrined in the Treaty, particularly with regard to worker mobility; stresses that such distortions are harmful to the proper operation of the internal market;
source: PE-407.831
2008/06/10
EMPL
305 amendments...
Amendment 1 #
Motion for a resolution Title on Challenges to collective agreements and industrial relations in the EU
Amendment 10 #
Motion for a resolution Recital B B. Whereas the Commission’s report on industrial relations in Europe 2006 shows that highly developed collective bargaining has a positive influence on social inclusion while the findings of comparative studies are relatively modest on the impact of industrial relations on growth and economic performance,
Amendment 100 #
Motion for a resolution 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 includes
Amendment 101 #
Motion for a resolution 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 includes the right of trade unions
Amendment 102 #
Motion for a resolution 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 includes the right of trade unions to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest
Amendment 103 #
Motion for a resolution 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) 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 105 #
Motion for a resolution Paragraph 4 c (new) 4c. Emphasises that the freedom to provide services is not superior to the fundamental rights as laid down in the EU Charter of Fundamental Rights and in particular the right for trade unions to take industrial action, especially since this is a constitutional right in several Member States; emphasizes therefore that the ECJ rulings in Rüffert, Laval and Viking show that it is necessary to clarify that economic freedoms, as established in the Treaties, shall be interpreted in such a way as not infringing upon the exercise of fundamental social rights as recognised in the Member States and by Community law, including the right to negotiate, conclude and enforce collective agreements and to take collective action, and as not infringing upon the autonomy of social partners when exercising these fundamental rights in pursuit of social interests and the protection of workers;
Amendment 106 #
Motion for a resolution Paragraph 5 5. Stresses that Article 3(7) of the PWD clearly states that
Amendment 107 #
Motion for a resolution Paragraph 5 5. Stresses that Article 3(7) of the PWD
Amendment 108 #
Motion for a resolution Paragraph 5 5. Stresses that, even if – as the ECJ claimed in the Laval case – Article 3
Amendment 109 #
Motion for a resolution Paragraph 5 5. Stresses that
Amendment 11 #
Motion for a resolution Recital B a (new) Ba. Whereas according to Article 136 EC, the Community and the Member States shall have as their objectives (...) “improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained”; and whereas with a view to achieving this objective, Article 140 of the EC Treaty provides that the Commission is to promote close cooperation between Member States in the social field, particularly in matters relating to the right of association and collective bargaining between employers and workers,
Amendment 110 #
Motion for a resolution 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 111 #
Motion for a resolution Paragraph 6 6.
Amendment 112 #
Motion for a resolution Paragraph 6 6. Points out that recital 22 in the PWD states that provisions laid down in the PWD should have no effect on the right to take industrial action, in so far as the rules of the internal marked are respected;
Amendment 113 #
Motion for a resolution Paragraph 6 6. Points out that recital 22 in the PWD states that
Amendment 114 #
Motion for a resolution Paragraph 6 6.
Amendment 115 #
Motion for a resolution Paragraph 6 6. Points out that recital 22 in the PWD states that provisions laid down in the PWD should have no effect on the right to take industrial action; this is confirmed in primary law by Article 137(5) of the EC Treaty, which prevents the Community from intervening in matters concerned with the right to strike;
Amendment 116 #
Motion for a resolution Paragraph 7 7. Emphasises that how to implement equal treatment, equal pay for equal work as well as Articles 39
Amendment 117 #
Motion for a resolution Paragraph 7 7. Emphasises that equal treatment
Amendment 118 #
Motion for a resolution Paragraph 7 7. Emphasises that
Amendment 119 #
Motion for a resolution Paragraph 7 7. Emphasises that equal treatment, equal pay for equal work as well as Art
Amendment 12 #
Motion for a resolution Recital C C. Whereas, according to the preamble of the PWD, the promotion of the transnational provision of services requires
Amendment 120 #
Motion for a resolution Paragraph 7 7. Emphasises th
Amendment 121 #
Motion for a resolution 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 122 #
Motion for a resolution Paragraph 7 a (new) 7a. Emphasises that treatment as well as Article 39 of the EC Treaty form the foundation of EC law as regards the free movement of workers; however that Article 39 and the principle of equal treatment do not apply to workers posted on a temporary basis to another Member State for the purposes of providing services there to which the PWD and Article 49 apply;
Amendment 123 #
Motion for a resolution Paragraph 8 8. Underlines the importance of
Amendment 124 #
Motion for a resolution Paragraph 8 8. Underlines the importance of
Amendment 125 #
Motion for a resolution Paragraph 8 8. Underlines the importance of not
Amendment 126 #
Motion for a resolution Paragraph 8 8. Underlines the importance of
Amendment 127 #
Motion for a resolution Paragraph 8 8. Underlines th
Amendment 128 #
Motion for a resolution Paragraph 8 8. Underlines the importance of
Amendment 129 #
Motion for a resolution Paragraph 8 a (new) 8a. Underlines that the verdicts fully respect the different labour market models that combine a high degree of flexibility on the labour market with a high level of security;
Amendment 13 #
Motion for a resolution Recital C C. whereas, according to the preamble of the PWD, the promotion of the transnational provision of services requires a climate of fair competition and measures guaranteeing respect for the rights of workers in full keeping with the reference framework of labour law and industrial relations in the Member States,
Amendment 131 #
Motion for a resolution Paragraph 9 Amendment 132 #
Motion for a resolution Paragraph 9 9.
Amendment 133 #
Motion for a resolution Paragraph 9 Amendment 134 #
Motion for a resolution Paragraph 9 Amendment 135 #
Motion for a resolution Paragraph 9 Amendment 136 #
Motion for a resolution Paragraph 9 Amendment 137 #
Motion for a resolution Paragraph 9 9. Underlines th
Amendment 138 #
Motion for a resolution Paragraph 9 9. Underlines that the
Amendment 139 #
Motion for a resolution Paragraph 9 9. Underlines that the intention of the legislator in the PWD and Services Directive
Amendment 14 #
Motion for a resolution Recital C a (new) Ca. Whereas the Posting of Workers Directive clearly states in recital 12 that 'Community law does not preclude Member States from applying national legislation, or collective agreements entered into by employers and labour, to any person who is employed, even temporarily, within their territory, although his employer is established in another Member State' and that 'Community law does not forbid Member States to guarantee the observance of those rules by the appropriate means',
Amendment 140 #
Motion for a resolution Paragraph 9 9. Underlines that the intention of the legislator in the PWD and Services Directive is
Amendment 141 #
Motion for a resolution Paragraph 9 a (new) 9a. Regrets that still several Member States have not properly implemented the posting of workers directive, which in some cases may result in unequal treatment of posted workers;
Amendment 142 #
Motion for a resolution Paragraph 10 Amendment 143 #
Motion for a resolution Paragraph 10 10.
Amendment 144 #
Motion for a resolution Paragraph 10 10.
Amendment 145 #
Motion for a resolution Paragraph 10 10. Regrets that all conditions imposed on foreign employers above minimum levels are seen as obstacles to free movement that are not justified to protect workers, if employees do not already receive more favourable conditions in the country of origin;
Amendment 146 #
Motion for a resolution Paragraph 10 10.
Amendment 147 #
Motion for a resolution Paragraph 10 10. Re
Amendment 148 #
Motion for a resolution Paragraph 10 10. Regrets that all conditions imposed on foreign employers above minimum levels are seen as obstacles to free movement, if
Amendment 149 #
Motion for a resolution Paragraph 10 10.
Amendment 15 #
Motion for a resolution Recital D Amendment 150 #
Motion for a resolution Paragraph 10 10.
Amendment 151 #
Motion for a resolution Paragraph 10 10.
Amendment 152 #
Motion for a resolution Paragraph 10 10. Regrets that all conditions imposed on foreign employers above minimum levels are seen as obstacles to free movement, if employees do not already receive more favourable conditions in the country of origin; concludes therefore in doing so the Court does not do justice to the letter and spirit of recital 12 of the Posting of Workers Directive;
Amendment 153 #
Motion for a resolution Paragraph 10 a (new) 10a. Underlines that the PWD seeks to bring about the freedom to provide services, which is one of the fundamental freedoms guaranteed by the Treaty, while guaranteeing the adequate protection of posted workers, and that a proportionate balance between these interests must be maintained;
Amendment 154 #
Motion for a resolution Paragraph 11 Amendment 155 #
Motion for a resolution Paragraph 11 Amendment 156 #
Motion for a resolution Paragraph 11 Amendment 157 #
Motion for a resolution Paragraph 11 Amendment 158 #
Motion for a resolution Paragraph 11 11.
Amendment 159 #
Motion for a resolution Paragraph 11 11.
Amendment 16 #
Motion for a resolution Recital D D. Whereas the objective of the PWD – to provide for a climate of fair competition and measures guaranteeing respect for the rights of workers – is
Amendment 160 #
Motion for a resolution Paragraph 11 11.
Amendment 161 #
Motion for a resolution Paragraph 11 11. Questions the introduction of a proportionality principle in the Viking case for the right to use collective action
Amendment 162 #
Motion for a resolution Paragraph 11 11. Questions the introduction of a proportionality principle in
Amendment 163 #
Motion for a resolution Paragraph 11 11. Questions the introduction of a proportionality principle in the Viking case for the right to use collective action against undertakings which, when using the right of establishment or the right to provide
Amendment 164 #
Motion for a resolution Paragraph 11 a (new) 11a. Emphasises that the EC’s economic freedoms cannot be interpreted as granting undertakings the right to exercise them for the purpose or with the effect of evading or circumventing national social and employment laws and practices, or for unfair competition on wages and working conditions; considers therefore that cross border actions of undertakings which may undercut terms and conditions of employment in the host country must be proportional and cannot be automatically justified by the Treaty provisions on free movement of services or freedom of establishment as such;
Amendment 165 #
Motion for a resolution Paragraph 12 Amendment 166 #
Motion for a resolution Paragraph 12 Amendment 167 #
Motion for a resolution Paragraph 12 12. Emphasises that the PWD
Amendment 168 #
Motion for a resolution Paragraph 12 12. Emphasises that the
Amendment 169 #
Motion for a resolution Paragraph 12 12. Emphasises that the PWD as interpreted by the ECJ
Amendment 17 #
Motion for a resolution Recital D D. Whereas the objective of the PWD
Amendment 170 #
Motion for a resolution Paragraph 12 12. Emphasises that
Amendment 171 #
Motion for a resolution Paragraph 12 12. Emphasises that the PWD as implicitly interpreted
Amendment 172 #
Motion for a resolution 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 173 #
Motion for a resolution Paragraph 13 13.
Amendment 174 #
Motion for a resolution Paragraph 13 13.
Amendment 175 #
Motion for a resolution Paragraph 13 Amendment 176 #
Motion for a resolution Paragraph 13 Amendment 177 #
Motion for a resolution Paragraph 13 Amendment 178 #
Motion for a resolution Paragraph 13 13.
Amendment 179 #
Motion for a resolution Paragraph 13 13.
Amendment 18 #
Motion for a resolution Recital D D. Whereas the objective of the PWD – to provide for a climate of fair competition and measures guaranteeing respect for the rights of workers
Amendment 180 #
Motion for a resolution Paragraph 13 13. Regrets the fact that even though the
Amendment 181 #
Motion for a resolution Paragraph 13 13. Regrets the fact that even though the PWD was formulated as a minimum standard directive,
Amendment 182 #
Motion for a resolution Paragraph 13 a (new) 13a. Underlines that the ECJ is the ultimate interpreter of the PWD and all other EC legislation and that the ECJ takes into account in particular the objective and the legal base in the Treaty when interpreting EC legislation;
Amendment 183 #
Motion for a resolution Paragraph 13 b (new) 13b. Recalls that the PWD seeks to bring about the freedom to provide services, and that it has to be interpreted, like all directives adopted on an internal market legal basis, in the light of the rules of the Treaty on the freedom to provide services as interpreted by the ECJ, whilst taking into account other objectives pursued by EC legislation, such as social policy objectives;
Amendment 184 #
Motion for a resolution Paragraph 14 Amendment 185 #
Motion for a resolution Paragraph 14 14.
Amendment 186 #
Motion for a resolution Paragraph 14 14.
Amendment 187 #
Motion for a resolution Paragraph 14 14. Regrets that
Amendment 188 #
Motion for a resolution Paragraph 14 14.
Amendment 189 #
Motion for a resolution Paragraph 14 14.
Amendment 19 #
Motion for a resolution Recital D D. Whereas the objective of the PWD – to provide for
Amendment 190 #
Motion for a resolution Paragraph 15 Amendment 191 #
Motion for a resolution Paragraph 15 15. I
Amendment 192 #
Motion for a resolution Paragraph 15 Amendment 193 #
Motion for a resolution Paragraph 15 15.
Amendment 194 #
Motion for a resolution Paragraph 15 15.
Amendment 195 #
Motion for a resolution Paragraph 15 15. Is of the opinion that the limited legal basis of free movement of the PWD has led t
Amendment 196 #
Motion for a resolution Paragraph 15 15.
Amendment 197 #
Motion for a resolution Paragraph 15 15. Is of the opinion that the limited legal basis of free movement of the PWD has led the ECJ to interpret the PWD in this way, creating an explicit invitation to unfair competition on wages and working
Amendment 198 #
Motion for a resolution Paragraph 15 15. Is of the opinion that the limited legal basis of free
Amendment 199 #
Motion for a resolution Paragraph 15 15. Is of the opinion that the limited legal basis of free movement of the PWD has led the ECJ to interpret the PWD in this way, creating an explicit invitation to unfair competition on wages and working conditions driving them downwards, which is in clear contradiction to the stated aim of the PWD (to ensure a climate of fair competition) and the objective of the EU as established in the Treaty (improvement of living and working conditions);
Amendment 2 #
Motion for a resolution Citation 19 a (new) - having regard to the judgment of the Court of Justice of the European Communities of 12 June 2003, Case C- 112/00 – Schmidberger
Amendment 20 #
Motion for a resolution Recital E E. Whereas according to the PWD the laws of the MS must lay down a nucleus of mandatory rules for minimum protection of posted workers to be observed in the host country
Amendment 200 #
Motion for a resolution Paragraph 15 15. Is of the opinion that the limited legal basis of free movement of the PWD
Amendment 201 #
Motion for a resolution Paragraph 16 Amendment 202 #
Motion for a resolution Paragraph 16 Amendment 203 #
Motion for a resolution Paragraph 16 16.
Amendment 204 #
Motion for a resolution Paragraph 16 16.
Amendment 205 #
Motion for a resolution Paragraph 16 16. Emphasises that
Amendment 206 #
Motion for a resolution Paragraph 16 16. Emphasises that the current situation
Amendment 207 #
Motion for a resolution Paragraph 16 16. Emphasises that the
Amendment 208 #
Motion for a resolution Paragraph 16 16. Emphasises that
Amendment 209 #
Motion for a resolution Paragraph 16 16. Emphasises that unless the PWD is properly implemented the current situation could lead to a situation where workers in host countries will be pressured by low wage competition; this, in turn, could lead to xenophobia and counterproductive anger against the EU;
Amendment 21 #
Motion for a resolution Recital E E. Whereas according to the PWD the laws of the MS must lay down a nucleus of mandatory rules for minimum protection of posted workers to be observed in the host country without preventing application of terms and conditions of employment more favorable to workers; to protect the fundamental freedoms against protectionist measures, these conditions of employment may not be made mandatory,
Amendment 210 #
Motion for a resolution Paragraph 16 16. Emphasises that the current situation could lead to a situation where workers in host countries will be pressured by low wage competition; this, in turn, could lead to xenophobia and counterproductive anger against the EU; therefore consistent implementation of the PWD must be ensured in all Member States;
Amendment 211 #
Motion for a resolution Paragraph 17 Amendment 212 #
Motion for a resolution Paragraph 17 Amendment 213 #
Motion for a resolution Paragraph 17 Amendment 214 #
Motion for a resolution Paragraph 17 Amendment 215 #
Motion for a resolution Paragraph 17 Amendment 216 #
Motion for a resolution Paragraph 17 17.
Amendment 217 #
Motion for a resolution Paragraph 17 17.
Amendment 218 #
Motion for a resolution Paragraph 17 17. Regrets that
Amendment 219 #
Motion for a resolution Paragraph 18 Amendment 22 #
Motion for a resolution Recital F F. Whereas
Amendment 220 #
Motion for a resolution Paragraph 18 Amendment 221 #
Motion for a resolution Paragraph 18 Amendment 222 #
Motion for a resolution Paragraph 18 Amendment 223 #
Motion for a resolution Paragraph 18 Amendment 224 #
Motion for a resolution Paragraph 18 18.
Amendment 225 #
Motion for a resolution Paragraph 18 18. Regrets that
Amendment 226 #
Motion for a resolution Paragraph 18 a (new) 18a. Recognises that the ECJ rulings make clear that no organisation can operate above the law;
Amendment 227 #
Motion for a resolution 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 228 #
Motion for a resolution Paragraph 19 19. Calls on all
Amendment 229 #
Motion for a resolution Paragraph 19 19. Calls on all the Member States to
Amendment 23 #
Motion for a resolution Recital G G. Whereas the nucleus provisions in Article 3(1) of the PWD consists of international mandatory rules which the MS have commonly agreed upon
Amendment 230 #
Motion for a resolution Paragraph 19 19. Calls on all
Amendment 231 #
Motion for a resolution Paragraph 19 19. Calls on all the Member States to implement and enforce the PWD properly;
Amendment 232 #
Motion for a resolution Paragraph 20 Amendment 233 #
Motion for a resolution Paragraph 20 Amendment 234 #
Motion for a resolution Paragraph 20 Amendment 235 #
Motion for a resolution Paragraph 20 Amendment 236 #
Motion for a resolution Paragraph 20 Amendment 237 #
Motion for a resolution Paragraph 20 20. Underlines that
Amendment 238 #
Motion for a resolution Paragraph 20 20.
Amendment 239 #
Motion for a resolution Paragraph 20 20. Underlines that the
Amendment 24 #
Motion for a resolution Recital G G. Whereas the nucleus provisions in Article 3(1) of the PWD consists of international mandatory rules which the MS have commonly agreed upon; the public order provisions in Article 3(10) also consist of international mandatory rules but un such a way that MS themselves can define them; the use of Article 3(10) is important for MS to be able to consider a variety of labour market, social policy and other concerns including protection of workers, with a respect for principle of equal treatment,
Amendment 240 #
Motion for a resolution Paragraph 20 20.
Amendment 241 #
Motion for a resolution Paragraph 20 20.
Amendment 242 #
Motion for a resolution Paragraph 20 20.
Amendment 243 #
Motion for a resolution Paragraph 21 Amendment 244 #
Motion for a resolution Paragraph 21 Amendment 245 #
Motion for a resolution Paragraph 21 Amendment 246 #
Motion for a resolution Paragraph 21 Amendment 247 #
Motion for a resolution Paragraph 21 Amendment 248 #
Motion for a resolution Paragraph 21 Amendment 249 #
Motion for a resolution Paragraph 21 21.
Amendment 25 #
Motion for a resolution Recital G a (new) Ga. Whereas mobility of workers have contributed highly to employment, prosperity and European integration giving citizens new opportunities to develop knowledge and experience as well as living a better life,
Amendment 250 #
Motion for a resolution Paragraph 21 21.
Amendment 251 #
Motion for a resolution Paragraph 21 21.
Amendment 252 #
Motion for a resolution Paragraph 21 21. Therefore calls on the Commission to
Amendment 253 #
Motion for a resolution Paragraph 21 21. Therefore calls on the Commission to take
Amendment 254 #
Motion for a resolution Paragraph 21 a (new) 21a. Underlines that the ECJ rulings in the cases of Viking, Laval and Rüffert do not necessitate a change of EC legislation; a call for a change of legislation after each ECJ ruling will cause imbalance in the division of the democratic powers within, and principles of, the European Union;
Amendment 255 #
Motion for a resolution Paragraph 22 22. Therefore welcomes the Commission's
Amendment 256 #
Motion for a resolution Paragraph 22 22. Therefore welcomes the Commission's statement from 3 April 2008 which clearly states that they will continue to fight social dumping and that the freedom to provide services is not superior to the fundamental rights
Amendment 257 #
Motion for a resolution Paragraph 22 22.
Amendment 258 #
Motion for a resolution Paragraph 22 22. Therefore welcomes the Commission's statement from 3 April 2008 which clearly states that they will
Amendment 259 #
Motion for a resolution Paragraph 22 22. Therefore welcomes the Commission's statement from 3 April 2008 which clearly states
Amendment 26 #
Motion for a resolution Recital G b (new) Gb. Whereas the PWD has given the opportunity to more than a million workers to work abroad under safe and secure conditions without problems or conflicts,
Amendment 260 #
Motion for a resolution Paragraph 22 22. Therefore welcomes the Commission's statement from the 3 April 2008 which clearly states that they will continue to fight
Amendment 261 #
Motion for a resolution Paragraph 22 a (new) 22a. Emphasises the equally fundamental rights of workers to choose not to strike, the right to choose not to join a trade union, and the right to work under conditions freely negotiated within the law together with their employer, without having that freedom put at risk by the acts of any external organisation pursuing its own interests;
Amendment 262 #
Motion for a resolution Paragraph 22 b (new) 22b. Stresses there is no need to revise the provisions of Directive 96/71/EC on the posting of workers in the framework of the provision of services;
Amendment 263 #
Motion for a resolution Paragraph 22 c (new) 22c. Calls on the Commission, on the basis of the Lisbon Treaty, to adopt a legal basis to clarify the role of collective representation, agreements and action in the single market;
Amendment 264 #
Motion for a resolution Paragraph 23 Amendment 265 #
Motion for a resolution Paragraph 23 Amendment 266 #
Motion for a resolution Paragraph 23 Amendment 267 #
Motion for a resolution Paragraph 23 23. Therefore calls on the Commission to
Amendment 268 #
Motion for a resolution Paragraph 23 23.
Amendment 269 #
Motion for a resolution Paragraph 23 23. Therefore calls on the Commission to
Amendment 27 #
Motion for a resolution Recital G c (new) Gc. Whereas Article 28 of the Charter of Fundamental Rights establishes the right of collective bargaining and collective action,
Amendment 270 #
Motion for a resolution Paragraph 23 23. Therefore calls on the Commission to
Amendment 271 #
Motion for a resolution Paragraph 23 23.
Amendment 272 #
Motion for a resolution Paragraph 23 23.
Amendment 273 #
Motion for a resolution Paragraph 23 – indent 1 - a new or additional legal basis for the PWD to better protect workers
Amendment 274 #
Motion for a resolution Paragraph 23 – indent 1 a (new) Amendment 275 #
Motion for a resolution Paragraph 23 – indent 2 - a possibility in the Directive for Member States to refer in
Amendment 276 #
Motion for a resolution Paragraph 23 – indent 4 -
Amendment 277 #
Motion for a resolution Paragraph 23 – indent 5 - the recognition of a wider range of methods of
Amendment 278 #
Motion for a resolution Paragraph 23 – indent 5 a (new) - the recognition of Member States' wide margin of discretion in defining the public policy provisions referred to in Article 3.10 of the PWD, in accordance with the principle of subsidiarity;
Amendment 279 #
Motion for a resolution Paragraph 23 – indent 5 a (new) - acknowledge the fact that the host Member State is entitled to impose a level of protection to workers posted on its territory that stretches beyond the provisions of Article 3(10) for overriding reasons relating to the public interest;
Amendment 28 #
Motion for a resolution Recital J J. Whereas the European Council has set up principles to create labour market models that have as well as a high level of security as a high level of flexibility, the so called flexicurity model; it is recognised that an important part of a successful flexicurity model can include
Amendment 280 #
Motion for a resolution Paragraph 23 – indent 5 b (new) - introducing the obligation for service providers to pay travelling, boarding and lodging costs for their posted workers;
Amendment 281 #
Motion for a resolution Paragraph 23 – indent 5 c (new) - that Member States, in cooperation with the European Commission, shall set up a permanent European platform for cross border cooperation between all national bodies responsible for the enforcement of terms and conditions of employment under the PWD;
Amendment 282 #
Motion for a resolution Paragraph 23 – indent 5 d (new) - the introduction of a compulsory system of joint and several liability, according to which general or principal undertakings and any intermediate subcontractor are held responsible jointly and severally for any payments under the PWD;
Amendment 283 #
Motion for a resolution Paragraph 23 – indent 5 e (new) - clarifying that the Member States' obligation to make the information on the terms and conditions of employment referred to in Article 3 generally available also involves translating the applicable terms into a transparent, reliable and accessible package of conditions;
Amendment 284 #
Motion for a resolution Paragraph 24 Amendment 285 #
Motion for a resolution Paragraph 24 24. C
Amendment 286 #
Motion for a resolution Paragraph 24 24.
Amendment 287 #
Motion for a resolution Paragraph 24 24. Considers that Parliament, the Council and the Commission should adopt measures to combat abuses, in particular regarding activities of those "letterbox- companies
Amendment 288 #
Motion for a resolution Paragraph 24 24. Considers that Parliament, the Council and the Commission should adopt measures to combat
Amendment 289 #
Motion for a resolution Paragraph 24 24. Considers that Parliament, the Council and the Commission should adopt measures to combat letterbox-companies, undertakings not engaged in any genuine and meaningful business in the country of origin but created, sometimes even directly by the main contractor in the host country, for the sole purpose of offering ‘services’ to the host country, to avoid the full application of host country rules and regulations especially with regard to wages
Amendment 29 #
Motion for a resolution Recital J J. Whereas the European Council has set up principles to create labour market models that have as well as a high level of security as a high level of flexibility, the so called flexicurity model; it is recognised that an important part of a successful flexicurity model includes
Amendment 290 #
Motion for a resolution Paragraph 24 Amendment 291 #
Motion for a resolution Paragraph 25 Amendment 292 #
Motion for a resolution Paragraph 25 Amendment 293 #
Motion for a resolution Paragraph 25 Amendment 294 #
Motion for a resolution Paragraph 25 Amendment 295 #
Motion for a resolution Paragraph 25 25. Would welcome a move to summarise the existing social clauses
Amendment 296 #
Motion for a resolution Paragraph 25 25.
Amendment 297 #
Motion for a resolution 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 298 #
Motion for a resolution Paragraph 25 a (new) 25a. Welcomes conclusions of the Council adopted on 10 June 2008 which: - states that "the Directive [...] provides guarantees for the respect of a significant level of protection of the rights of posted workers, but also plays a key role in establishing a climate of fair competition between all service providers by guaranteeing a level playing field"; - calls on MS to "enhance the administrative cooperation necessary to improve the practical implementation of Directive";
Amendment 299 #
Motion for a resolution Paragraph 26 Amendment 3 #
Motion for a resolution Citation 22 a (new) Amendment 30 #
Motion for a resolution Recital J J. Whereas the European Council has set up principles to create labour market models that have as well as a high level of security as a high level of flexibility, the so called flexicurity model; it is recognised that an important part of a successful flexicurity model includes
Amendment 300 #
Motion for a resolution Paragraph 26 Amendment 301 #
Motion for a resolution Paragraph 26 Amendment 302 #
Motion for a resolution Paragraph 26 26.
Amendment 303 #
Motion for a resolution 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;
Amendment 304 #
Motion for a resolution Paragraph 26 a (new) 26a. Calls on the Commission to put forward the long awaited Communication on transnational collective bargaining proposing the establishment of a legal framework for transnational collective agreements;
Amendment 305 #
Motion for a resolution Paragraph 27 27. Instructs its President to forward this resolution to the Council and the
Amendment 31 #
Motion for a resolution Recital J a (new) Ja. whereas temporary work is often used as a permanent solution, which is to say to meet the long-term labour needs of some enterprises, which was not the original intention of the legislator,
Amendment 32 #
Motion for a resolution Recital K K. Whereas the Albany judgement (C- 67/96) in the field of competition law gave substantial and large space for trade unions to regulate labour market issues
Amendment 33 #
Motion for a resolution Recital K K. whereas the Albany judg
Amendment 34 #
Motion for a resolution Recital K K. Whereas the ECJ in the Albany judgement (C-
Amendment 35 #
Motion for a resolution Recital K K. Whereas the Albany judgement (C- 67/96) in the field of competition law gave substantial and large space for trade unions
Amendment 36 #
Motion for a resolution Recital L Amendment 37 #
Motion for a resolution Recital L Amendment 38 #
Motion for a resolution Recital L L. whereas the ECJ
Amendment 39 #
Motion for a resolution Recital L L. Whereas the ECJ in both the Laval and Rüffert cases made a completely different interpretation of European legislation than the advocate general, showing that different interpretations of the PWD are possible,
Amendment 4 #
Motion for a resolution Recital A A. Whereas the ECJ recognizes the right to take collective action as a fundamental right that is an integral part of the general principles of Community law; this right will also become primary law with the ratification of the Lisbon Treaty and will thus become as legally binding as the fundamental freedoms,
Amendment 40 #
Motion for a resolution Recital L L. Whereas the ECJ in both the Laval and Rüffert cases
Amendment 41 #
Motion for a resolution Recital L L. Whereas the ECJ in both the Laval and Rüffert cases made a completely different interpretation of European legislation than the advocate general, which – regardless of the differing interpretations of the content – is in line with the principles of the rule of law,
Amendment 42 #
Motion for a resolution Recital L a (new) La. Whereas member states following the judgement of the court have the duty to secure that labour market legislation and rules for industrial action are compatible with the freedom to take industrial actions as well as the common rules of the internal market, notes that this is the aim of the governments in the actual Member States,
Amendment 43 #
Motion for a resolution Recital M Amendment 44 #
Motion for a resolution Recital M Amendment 45 #
Motion for a resolution Recital M Amendment 46 #
Motion for a resolution Recital M Amendment 47 #
Motion for a resolution Recital M M. whereas th
Amendment 48 #
Motion for a resolution Recital N Amendment 49 #
Motion for a resolution Recital N Amendment 5 #
Motion for a resolution Recital A A. Whereas the ECJ recognizes the right to take collective action and free movement of workers as fundamental rights; th
Amendment 50 #
Motion for a resolution Recital N Amendment 51 #
Motion for a resolution Recital N Amendment 52 #
Motion for a resolution Recital N N. whereas
Amendment 53 #
Motion for a resolution Recital N N. Whereas the ECJ in the Rüffert case
Amendment 54 #
Motion for a resolution Recital N N. Whereas the ECJ in the Rüffert case has
Amendment 55 #
Motion for a resolution Recital N Amendment 56 #
Motion for a resolution Recital O Amendment 57 #
Motion for a resolution Recital O Amendment 58 #
Motion for a resolution Recital 0 Amendment 59 #
Motion for a resolution Recital O Amendment 6 #
Motion for a resolution Recital A a (new) Aa. Whereas the European Commission on several occasions has stressed the importance of the existing national regulatory framework of labour legislation and collective bargaining for the protection of workers rights,
Amendment 60 #
Motion for a resolution Recital O Amendment 61 #
Motion for a resolution Recital O O. Whereas the ECJ in the Viking case
Amendment 62 #
Motion for a resolution Recital O O. Whereas the ECJ in the Viking case introduces a horizontal direct effect of Articles 43 and 49 which
Amendment 63 #
Motion for a resolution Recital O O. Whereas the ECJ in the Viking case introduces a horizontal direct effect of Articles 43 and 49 which can be used by employers and service providers to challenge collective agreements and industrial actions with a cross-border effect; the autonomy for collective bargaining from competition rules is thereby not extended to the field of free movement with a risk that industrial relations in the Member States will be put under legal scrutiny; trade unions are consequently being treated as emanations of the state, which they are clearly not; this also means that trade unions – different from the state – cannot use public policy justifications; consequently, this new uncertainty in industrial relations could result in a “flood” of cases to the ECJ,
Amendment 64 #
Motion for a resolution Recital O a (new) Oa. Whereas the choice of the legal basis of the PWD is based on the assumption that posted workers do not enter the host state's labour market; whereas the lack of a time limit for being considered as a 'posted' worker combined with the frequent reliance upon posting of workers scenarios show that posted workers nevertheless often enter the host state's labour market,
Amendment 65 #
Motion for a resolution Recital O b (new) Ob. Whereas a large majority of employees throughout the EU have chosen not to join a Trade Union, and whereas individual trade union membership has been steadily declining in most Member States,
Amendment 66 #
Motion for a resolution Recital O c (new) Amendment 67 #
Motion for a resolution 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
Amendment 68 #
Motion for a resolution Paragraph 1 1. Underlines that
Amendment 69 #
Motion for a resolution Paragraph 1 1. Underlines that the freedom to provide services is a cornerstone of the European project;
Amendment 7 #
Motion for a resolution Recital B B. Whereas the Commission’s report on industrial relations in Europe 2006 shows that highly developed collective bargaining
Amendment 70 #
Motion for a resolution Paragraph 1 1. Underlines that the freedom to provide services is a cornerstone of the European project;
Amendment 71 #
Motion for a resolution 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
Amendment 72 #
Motion for a resolution Paragraph 1 1. Underlines that the freedom to provide services is a cornerstone of the European project; however, th
Amendment 73 #
Motion for a resolution Paragraph 1 1. Underlines that the freedom to provide services is a cornerstone of the European project
Amendment 74 #
Motion for a resolution Paragraph 1 1. Underlines that the freedom to provide services is
Amendment 75 #
Motion for a resolution Paragraph 1 1. Underlines that the freedom to provide services is a cornerstone of the European project
Amendment 76 #
Motion for a resolution 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) 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) 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) 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 8 #
Motion for a resolution Recital B B. Whereas the Commission
Amendment 80 #
Motion for a resolution Paragraph 1 e (new) 1e. Stresses that the subsidiarity principle must apply in all matters relating to industrial relations law, labour law and the right to strike;
Amendment 81 #
Motion for a resolution Paragraph 1 f (new) 1f. Underlines that the internal market is characterized by that the obstacles to the free movement of goods, persons, services and capital is abolished between the MS, as well as by an open market economy with free competition;
Amendment 82 #
Motion for a resolution Paragraph 2 2. Is of the opinion that any EU citizen should have the right to work anywhere in the European Union; therefore regrets that this right is not applied uniformly across the EU; is of the view that transitional arrangements remaining in place should be subjected to rigorous review by the European Commission, to assess whether they are truly necessary to prevent distortions in national labour markets and, that where that is not found to be the case, they should be removed as quickly as possible;
Amendment 83 #
Motion for a resolution Paragraph 2 2. Is of the opinion that any EU citizen should have the right to work anywhere in the European Union; therefore regrets that this right is not applied uniformly across the EU; the possibility of working anywhere in the EU is limited by measures taken by some Member States which mean that workers from other EU Member States do not always have full access to these employment markets;
Amendment 84 #
Motion for a resolution Paragraph 2 2. Is of the opinion that any EU citizen should have the right to work anywhere in the European Union and thus have a right to equal treatment; therefore regrets that this right is not applied uniformly across the EU;
Amendment 85 #
Motion for a resolution 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) 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) 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 88 #
Motion for a resolution Paragraph 3 3. Emphasises that the freedom to provide services
Amendment 89 #
Motion for a resolution Paragraph 3 3. Emphasises that the
Amendment 9 #
Motion for a resolution Recital B B. Whereas the Commission’s report on industrial relations in Europe 2006 shows that highly developed collective bargaining has a positive influence on social inclusion but that such bargaining is indicative and not binding in the context of general developments in industrial relations in the EU,
Amendment 90 #
Motion for a resolution Paragraph 3 3. Emphasises that the freedom to provide services is not superior to the fundamental right for
Amendment 91 #
Motion for a resolution Paragraph 3 3. Emphasises that the right to freedom to provide services
Amendment 92 #
Motion for a resolution Paragraph 3 3. Emphasises that the freedom to provide services
Amendment 93 #
Motion for a resolution Paragraph 3 Amendment 94 #
Motion for a resolution Paragraph 3 3. Emphasises that the freedom to provide services is not superior to the fundamental right for trade unions to take industrial action; especially, since this is a constitutional right in several Member States; stresses that the intention of the Monti clause was to protect these fundamental constitutional rights in the context of the single market, and that it recognises them as compatible with the single market freedoms;
Amendment 95 #
Motion for a resolution Paragraph 3 3. Emphasises that the freedom to provide services is not
Amendment 96 #
Motion for a resolution Paragraph 3 3. Emphasises that the freedom to provide services is not superior to the fundamental right for trade unions to take industrial action
Amendment 97 #
Motion for a resolution Paragraph 3 a (new) 3a. Emphasises that the freedom to conduct a business in accordance with Union law and national laws and practices is spelled out in the Charter of Fundamental Rights; however notes that the right of collective bargaining, equally mentioned in the Charter of Fundamental Rights, must be conducted in accordance with Union law and national law and practices and is equally limited through the proportionality principle as spelled out by the Court of Justice in the Viking case;
Amendment 98 #
Motion for a resolution Paragraph 4 4. Welcomes the
Amendment 99 #
Motion for a resolution Paragraph 4 4. Welcomes the Lisbon treaty and the fact that in many Member States, the Charter of Fundamental Rights of the European Union is made legally binding; this includes 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 their interests including strike action;
source: PE-407.813
2008/07/11
JURI
34 amendments...
Amendment 1 #
Draft opinion Recital -A (new) -A. whereas the Treaty establishing the European Community acknowledges the fundamental rights laid down in the Charter of Fundamental Rights of the European Union, as well as in the Member States' constitutions and in different international treaties and conventions, as fundamental references for EU law and practice,
Amendment 10 #
Draft opinion Recital C c (new) Cc. whereas the Court of Justice has recognised (in its judgment in Case C- 67/96 Albany2) that collective agreements serve social objectives and has clearly rejected the application of competition rules towards collective agreements,
Amendment 11 #
Draft opinion Recital D D. whereas restrictions on fundamental freedoms are not possible under the EC Treaty
Amendment 12 #
Draft opinion Recital D D. whereas restrictions on fundamental freedoms are possible under the EC Treaty, if they pursue legitimate aims compatible with the Treaty, are justified by an overriding reason of public interest, are suitable to attain the objectives pursued and do not go beyond what is necessary to attain them; whereas at the same time, according to Article 52 of the Charter of Fundamental Rights, any limitation on the exercise of the rights and freedoms recognised by that Charter may be made only if they are proportional, necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others,
Amendment 13 #
Draft opinion Recital E E. whereas it is
Amendment 14 #
Draft opinion Recital F F. whereas it is up to the ECJ and the national courts to
Amendment 15 #
Draft opinion Recital G G. whereas uniform application and enforcement of the provisions of Directive
Amendment 16 #
Draft opinion Recital G a (new) Ga. whereas it has been noted that differing views and interpretations existed within the Court of Justice and between the Court and its Advocates-General in the aforementioned cases relating to the PWD, in particular in Case C-341/05 Laval and Case C-346/06 Rüffert,
Amendment 17 #
Draft opinion Recital G b (new) Amendment 18 #
Draft opinion Paragraph 1 1. Points out that
Amendment 19 #
Draft opinion Paragraph 1 1. Points out that
Amendment 2 #
Draft opinion Recital A A. whereas the Treaty establishing the European Community lays down a number of principles; whereas one of th
Amendment 20 #
Draft opinion Paragraph 2 2.
Amendment 21 #
Draft opinion Paragraph 2 2. Underlines that
Amendment 22 #
Draft opinion Paragraph 3 3. Observes that
Amendment 23 #
Draft opinion Paragraph 3 3.
Amendment 24 #
Draft opinion Paragraph 4 4.
Amendment 25 #
Draft opinion Paragraph 4 4. Recognises that, as the Court of Justice has clearly stated in the Laval and Viking cases, the right to take collective action falls within the scope of application of Community law
Amendment 26 #
Draft opinion Paragraph 4 a (new) Amendment 27 #
Draft opinion Paragraph 5 5. Notes that the horizontal effect of certain provisions of the EC Treaty depends on precise conditions being fulfilled, inter alia the condition that they confer rights on an individual who has an interest in compliance with the obligations thus laid down;
Amendment 28 #
Draft opinion Paragraph 5 5. Notes that the horizontal effect of certain provisions of the EC Treaty depends on precise conditions being fulfilled, inter alia the condition that they confer rights on an individual who has an interest in compliance with the obligations thus laid
Amendment 29 #
Draft opinion Paragraph 5 6. Calls on the Member States to ensure proper implementation, application and enforcement of
Amendment 3 #
Draft opinion Recital A A. whereas the
Amendment 30 #
Draft opinion Paragraph 6 6. Calls on the
Amendment 31 #
Draft opinion Paragraph 7 7.
Amendment 32 #
Draft opinion Paragraph 7 7.
Amendment 33 #
Draft opinion Paragraph 8 8. Calls on the Commission to
Amendment 34 #
Draft opinion Paragraph 8 8. Calls on the Commission to take appropriate action
Amendment 4 #
Draft opinion Recital B B. whereas the fundamental principles of the internal market include freedom of movement for workers, freedom of establishment and freedom to provide services, subject to observance of the fundamental social rights of workers as recognised in Member States' constitutions,
Amendment 5 #
Draft opinion Recital B a (new) Ba. whereas, according to Article 39 of the Treaty establishing the European Community, freedom of movement for workers entails the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment,
Amendment 6 #
Draft opinion Recital C C. whereas the right to take collective action is
Amendment 7 #
Draft opinion Recital C C. whereas the right to take collective action
Amendment 8 #
Draft opinion Recital C a (new) Amendment 9 #
Draft opinion Recital C b (new) Cb. whereas Article 3(1)(a) of the Services Directive clearly indicates that that Directive is not intended to replace Directive 96/71/EC (the PWD)1 and is without prejudice to it,
source: PE-409.590
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