11 Amendments of Daniel BUDA related to 2016/2012(INI)
Amendment 1 #
Draft opinion
Recital A
Recital A
A. whereas equality between women and men is a fundamental principle of the European Union, and both the EU Treaties and the Charter of Fundamental Rights prohibit any discrimination on grounds of sex and require equality between women and men to be ensured in all areas;, this being one of the essential tasks of the Union1a __________________ 1aPursuant to Article 8 TFEU (ex Article 3(2) TEC), ‘In all its activities, the Union shall aim to eliminate inequalities and to promote equality, between men and women’.
Amendment 3 #
Draft opinion
Recital B
Recital B
B. whereas Directive 2004/113/EC (hereinafter ‘the Directive’) extends protection against sex discrimination beyond the traditional realm of the labour market to the area of access to and supply of goods and services, in both the public and private sectors in a bid to consolidate the principle of gender equality in these areas;
Amendment 5 #
Draft opinion
Recital C
Recital C
C. whereas all Member States have taken measures to transpose the Directive into their domestic legal orders and set up the necessary procedures and bodies for its implementation; whereas the Commission has concluded in its report on the application of Directive 2004/113/EC2a that, while all Member States have transposed the directive into national law, problems still persist regarding the effective implementation thereof; __________________ Commission report to the European Parliament, the Council and the European Economic and Social Committee - ‘Report on the application of Directive 2004/113/EC implementing the principle of equal treatment between men and women in access to goods and services and the supply of goods and services’ (COM / 2015/0190 final) - http://eur-lex.europa.eu/legal- content/RO/TXT/?uri=CELEX%3A52015 DC0190
Amendment 6 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the effectiveness of the organisations responsible for promoting equality in achieving their objectives varies from one Member State to another;
Amendment 7 #
Draft opinion
Recital D
Recital D
D. whereas in the Test-Achats 3a judgment of the Court of Justice of the European Union of 1 March 2011 in Case C-236/09, the so- called Test-Achats ruling (hereinafter ‘the ruling’), the Court annulled Article 5(2) of the Directive, which permitted the differentiated use of sex-based actuarial factors in private insurance contracts; falling within the scope of the directive; __________________ 3aJudgment of 1 March 2011 in Case C- 236/09, OJ C 130, 30.4.2011.
Amendment 8 #
Draft opinion
Paragraph 1
Paragraph 1
1. ConsiderStresses that some challenges and problems regarding the effective implementation and the efficient and uniform application of the Directive persist, and that the most common issues include an overly restrictive understanding of the meaning of ‘goods and services’, the broad and sometimes unclear justifications of unequal treatment on the basis of Article 4(5), and insufficient protection of women during maternity and pregnancy;
Amendment 12 #
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that there is a lack of awareness among the general public regarding the content and implications of the Directive, arising from a lack both of reporting and of case law; welcomes this initiative and stresses the need to invite the Commission, the Member States and the organisations responsible for promoting equality to improve awareness of the substance and implications of the directive;
Amendment 16 #
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the fact that all Member States have implemented the ruling or are implementing it, and points out that some of them have chosen even to go beyond the scope of ruling by applyextending the unisex rule to allother types of insurance and pensions;
Amendment 17 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes this initiative and stresses the need to urge Member States to ensure that organisations responsible for promoting equality have a sufficient degree of independence and adequate powers; stresses in this connection the need to strengthen cooperation between the Commission and these bodies by systematically identifying key issues and developing exchanges of best practice, so as to achieve a uniform degree of effectiveness in achieving their objectives;
Amendment 18 #
Draft opinion
Paragraph 4
Paragraph 4
Amendment 20 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to launch a detailed and comprehensive study on the implementation of the Directive, to continue and consolidate its monitoring activities, and to support Member States in order to realise the full potential of the Directive;