Activities of Stefan ECK related to 2016/0404(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on a proportionality test before adoption of new regulation of professions
Amendments (6)
Amendment 12 #
Proposal for a directive
Recital 5
Recital 5
(5) The results of the mutual evaluation process revealed a lack of clarity as regards the criteria to be used by national competent authorities when assessing the proportionality of requirements restricting access to or pursuit of regulated professions, as well as uneven scrutiny of such measures at all levels of regulation. To avoid fragmentation of the internal market and eliminate barriers to taking-up and pursuit of certain employed or self- employed activities, it is therefore necessary to establish a common approach at Union level, preventing disproportionate measures from being adopted in an objectively justified manner on the basis of public security or public health, in the public interest.
Amendment 57 #
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market and in the public interest to ensure that Member States provide information to citizens, social partners, representative associations or other relevant stakeholders before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views.
Amendment 89 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the viability of national publicly funded health systems, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives.
Amendment 103 #
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the necessity of the provision and in particular whether existing rules of a specific or more general nature, such as product safety legislation, patients' rights laws or consumer protection law, are insufficient to protect the objective pursued;
Amendment 105 #
Proposal for a directive
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
Amendment 117 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, social partners, service recipients, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.