93 Amendments of Proinsias DE ROSSA
Amendment 11 #
2011/2048(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that public procurement rules need to be simplified and made more flexible so that public service obligations can be fulfilled; insists that the amendment of procurement rules must remain neutral as regards private versus public ownership in accordance with Article 345 of the TFEU;
Amendment 19 #
2011/2048(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recognises the importance of decent work principles being respected in public procurement within the EU and calls on the EU Commission to include reference to a wide range of ILO Labour Standards to be included in the Articles in any revision of the procurement Directives;
Amendment 21 #
2011/2048(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes that 11 EU Member States have ratified ILO C94 on labour clauses in public contracts and calls on the Commission to encourage ratification of this Convention by all EU Member States to mitigate the unwelcome effects of recent ECJ court cases in this respect;
Amendment 22 #
2011/2048(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Commission formally to recognise other modalities for the selection of providers, such as ‘in-house’ and ‘service concession’ methods, and explicitly to accord equal value to all options for the contracting and financing of SSGI; calls for the expansion of the ‘in-house’ method to include service providers who meet specific general interest criteria;
Amendment 23 #
2011/2048(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Insists that the directive should encourage and explicitly allow contracting authorities to refer to horizontal policy objectives, such as sustainable development criteria in the subject-matters of tenders;
Amendment 24 #
2011/2048(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Considers that it should be explicitly stated in the revised Directive that “invisible” characteristics are also production characteristics and may be referred to in the technical specifications of tenders; emphasizes that whether a product or service is sustainably produced should be appropriately considered as a characteristic of the product or service being contracted, rather than an aspect of the contract performance;
Amendment 28 #
2011/2048(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that any revision of the Directives must reflect the provisions of the Lisbon Treaty, in terms of commitments to full employment, a social market economy, and the responsibilities relating to quality public services and the freedom of public authorities and Member States to decide on the financing, organisation and delivery of public services; this includes respect for the choice of public authorities to provide these services “in-house”, or through inter-municipal (public-public) co- operation, which should also be outside of the Public Procurement Directives;
Amendment 30 #
2011/2048(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Supports the normative anchoring of a practical ‘in-house’ tendering option for SSGI, based on the model of the revised Regulation 1370/2007 on public passenger transport services by rail and road, which would provide that any competent local authority may decide to provide services itself or to award public service contracts to a legally distinct entity over which the competent local authority exercises control similar to that exercised over its own department;
Amendment 32 #
2011/2048(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Considers that the existing Most Economically Advantageous Tender (MEAT) award criteria should be replaced by the Sustainably Most Advantageous Rated Tender (SMART) as a way to drive markets to supply more socially, economically, and environmentally sustainable products and services;
Amendment 50 #
2011/2048(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for redefinition of the concept of ‘most economically advantageous offer’ so as to make national and local social and quality criteria for the delivery of SSGI an obligatory requirement in procurement contracts, including subcontracts;
Amendment 61 #
2011/2048(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the importance of ensuring high quality social services and goods when public money is spent and recognizing that contracting on the basis of lowest price will not achieve this; calls on the Commission to remove lowest price as an award criterion;
Amendment 67 #
2011/2048(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers that contracting authorities should be able to impose penalties for failing to deliver on sustainable development objectives in accordance with the criteria indicated in the tender, including in the case of sub-contracting;
Amendment 71 #
2011/2048(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recognises the role the EU can play in facilitating the development of successful Public Private PartnershipsTakes the view that Public Private Partnerships do not represent a good contracting model; such partnerships have often ended disastrously to the massive cost of the taxpayer;
Amendment 76 #
2011/2048(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognises that public procurement, if used effectively, could be a real driver to promoting quality jobs, wages and conditions, equality, developing skills, training, promoting environmental policies, and providing incentives for research and innovation;
Amendment 83 #
2011/2048(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to make sustainable procurement a core focus of public procurement rules by introducing a new SMART (Sustainably most advantageously rated tender) award criterion to replace most economically advantageous tender to reflect the importance of taking social and environmental considerations into account in public contracting;
Amendment 84 #
2011/2048(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Commission to remove, or make considerably more flexible, the link to the subject matter of the contract to allow more effective social and environmental procurement choices, which will make public contracting more transparent;
Amendment 5 #
2010/2278(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes the view that the internal market needs to be corrected in order to provide secure services of general economic interest (SGEI) within a framework of universal access, high quality and affordability; takes the view that the Commission's proposal is not sufficient, and regrets that it does not make reference to any legislative proposal, except in respect of concessions and public procurement;
Amendment 15 #
2010/2278(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is disappointed at the absence of any proposals on quality social services of general interest; takes the view that these proposals are a long way from the quality framework promised by Mr Barroso;
Amendment 18 #
2010/2278(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to introduce clear-cut legislation which defines SSGI on the basisve proposals based on Article 14, Protocol 26, and in accordance with the Charter of fFundamental rRights rather than economic prospects, strengthens the principles of subsidiarity and local self- government and excludes SSGI from the application of market rules; , which respects the principles of subsidiarity as defined in the Treaties, and prevents the intrusion of EU market rules which impede the prerogatives of Member State authorities, in particular local and regional authorities, in delivering services of general interest (SGI), and specifically defends their role in the delivery of social services of general interest (SSGI);
Amendment 2 #
2010/2072(INI)
Draft opinion
Recital B (new)
Recital B (new)
(A) whereas the European Globalisation Adjustment Fund (EGF) does not impose any active labour market measures on a Member State that have to be implemented in the framework of an application for the fund but to put in place a coordinated package of personalised services designed to reintegrate workers into the labour market in accordance with Article 3 of the EGF regulation[1] which preserves fully the flexibility of the Member States to adapt the measures targeting the redundant workers to the local and individual needs of each application, ([1] Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2009 on establishing the European Globalisation Adjustment Fund as amended by regulation (EC) No 546/2009 of the European Parliament and of the Council of 18 June 2009.)
Amendment 9 #
2010/2072(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds Member States of the importance of taking immediate labour market intervention measures in parallel with their application to the EGF;
Amendment 11 #
2010/2072(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls onReminds the Member States that they are obliged, on the one hand, to involve the social partners right from the outset in the task of preparing applications in accordance with Article 5 of the EGF regulation and, on the other hand, to comply with Article 9 of this regulation which requests Member States to provide information on and publicise the funded actions and that this information has also to be addressed to the workers concerned, the local and regional authorities and the social partners and to standardise procedures;
Amendment 14 #
2010/2072(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the Council conclusions for New Skills for New Jobs and underlines that the EGF provides the Member States with additional funding for the training of redundant workers for future oriented jobs and increased mobility;
Amendment 23 #
2010/2072(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the Commission to present a proposal on how the EGF regulation should be amended in order to allow the inclusion of all workers made redundant because of the same event, across sectors and regions;
Amendment 28 #
2010/2072(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States benefitting from the EGF to be very effective and to adopt a personalised approach to assistance for redundant workers, particularly in cases of large-scale redundancies, so as to improve workers' opportunities on a labour market that is undergoing profound restructuring; to this end, recommends that the Member States step up their exchanges of good practice, especially making use of Progress;
Amendment 36 #
2010/2072(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Member States to use the EGF to implement European objectives, to promote new skills for new jobs, to promote entrepreneurship and to promote lifelong learning, so as to allow workers to develop their individual careers and to contribute to improving the competitiveness of the EU in the context of globalisation;
Amendment 45 #
2010/2072(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Reminds undertakings of their social responsibility to do all they can to ensure that workers can, right from the start of their period of unemployment, authenticate their experience acquired, so as to ensure that their retraining is as specific and as rapid as possible and that they obtain new, stable jobs with a promising future;
Amendment 47 #
2010/2072(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Asks the Commission to provide the Member States with a set of guidelines for the design and the implementation of the applications for EGF funding seeking a fast application procedure and a broad consensus of the stakeholders for the strategy to apply and the measures to be put in place for an effective reintegration of the workers into the labour market;
Amendment 49 #
2010/2072(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Asks the Commission to provide assistance also to the Member States, the social partners and the workers associations during the process of implementation of the measures;
Amendment 1 #
2009/2222(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the Treaty on European Union, in particular Articles 2 and 3(2) thereof, and the Treaty on the Functioning of the European Union, in particular Articles 9, 14, 106, 151, 153(1)(j) and (k), 159, 160, 161 and 161345 thereof, and Protocol 26 thereto,
Amendment 2 #
2009/2222(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the conclusions of the European Council of 17 June 2010, the conclusions of the European Council of 11 December 2009 and the conclusions of the Heads of State or Government of the Euro Area of 11 March 2011 on a financial transaction tax,
Amendment 3 #
2009/2222(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the Commission staff working document (SEC(2010)1545) entitled 'Guide to the application of the European rules on state aid, public procurement and the internal market to services of general economic interest, and in particular to social services of general interest,
Amendment 5 #
2009/2222(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
Amendment 6 #
2009/2222(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
- having regard to the Commission Communication on the Taxation of the financial sector (COM(2010)0549), along with the accompanying staff working document (SEC(2010)1166),
Amendment 7 #
2009/2222(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the report entitled Assessment of Social Dimension of the Europe 2020 Strategy prepared by the Social Protection Committee in 2011,
Amendment 8 #
2009/2222(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
- having regard to its resolution of 20 October 2010 on the financial, economic and social crisis: recommendations concerning the initiatives to be taken1,
Amendment 9 #
2009/2222(INI)
Motion for a resolution
Citation 29 b (new)
Citation 29 b (new)
- having regard to its resolution of 8 March 2011 on innovative financing at a global and European level2,
Amendment 10 #
2009/2222(INI)
Motion for a resolution
Citation 29 c (new)
Citation 29 c (new)
Amendment 12 #
2009/2222(INI)
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
- having regard to the United Nations Convention on the rights of persons with disabilities which was concluded by the European Community on 26 November 2009,
Amendment 13 #
2009/2222(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the TreatiesArticle 3 TFEU affirms the Member States' objective as the constant improvement of living and working conditions, and the Union's aim as the well-being of its peoples, to be achieved through sustainable development of Europe based on balanced economic growth, a highly competitive social market economy aiming at full employment and social progress, protection and improvement of the environment, combating social exclusion and discrimination, promoting social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child,
Amendment 16 #
2009/2222(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 9 TFEU requires that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health,
Amendment 24 #
2009/2222(INI)
Motion for a resolution
Title before paragraph 1 (new)
Title before paragraph 1 (new)
Fundamental Rights and Universality
Amendment 31 #
2009/2222(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 44 #
2009/2222(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that access to SSGI must be universal and independent of wealth or income, and are not charity, nor only for vulnerable users; care should be taken to ensure equitable access for the most vulnerable groups, such as the homeless;
Amendment 56 #
Amendment 67 #
Amendment 71 #
2009/2222(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 78 #
2009/2222(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that experience demonstrates that the profit maximisation objective of commercial providers of SSGI conflicts with the principles and objectives of SSGIe legitimate objective of profit maximisation which underlies private commercial provision of commercial services conflicts with the principles and objectives of SSGI; Considers that in essence SSGI are not profit-making activities, and it is inappropriate for public funds, allocated to SSGI, to be used other than to fulfil the objectives of the service, and no part of such funding, other than reasonable staff and overhead costs incurred in service delivery, should go to any other purpose;
Amendment 86 #
2009/2222(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 90 #
2009/2222(INI)
Motion for a resolution
Title before paragraph 8 (new)
Title before paragraph 8 (new)
Regulatory Constraints on delivery of SSGI
Amendment 102 #
Amendment 107 #
2009/2222(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that SSGI are an indispensable investment for Europe's economic future, and are under severe pressure due to the economic and banking crises and government austerity programmes, which are resulting in even greater demand for them;
Amendment 135 #
2009/2222(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that, in order to maintain the delivery of quality SSGI, the Member States need new income streams, such as a financial transaction tax, as endorsed by the European Parliament on 20 October 2010 and 8 March 2011; Therefore calls on the Commission to swiftly produce a feasibility study on FTT and to come forward with concrete legislative proposals;
Amendment 137 #
2009/2222(INI)
Motion for a resolution
Title and subtitle before paragraph 14 (new)
Title and subtitle before paragraph 14 (new)
Deficiencies in Regulatory Framework of SSGI General
Amendment 161 #
Amendment 186 #
Amendment 190 #
2009/2222(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that public procurement rules need to be simplified and made more flexible so that public service obligations can be fulfilled; insists that amendment of procurement rules must remain neutral as regards private versus public ownership in accordance with Article 345 TFEU;
Amendment 220 #
Amendment 223 #
2009/2222(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Recognizes the high value of mutual learning and good practice exchange in inspiring and promoting the further modernisation of SSGI in different Member States and urges the Commission to continue proactively to initiate and support such activities;
Amendment 239 #
2009/2222(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Proposes the establishment of a high- level multi-stakeholder taskforce – initially with a two-year mandate – that is open, flexible and transparent, to pursue implementation of the policy initiatives identified in this report and in the 3rd SSGI Forum recommendations, the Commission's second Biennial Report and the SPC reports, as well as any other relevant proposals; to initiate a full review of all rules, particularly state-aid and procurement rules, which impact on SSGI and to evaluate how they need to be redesigned so as to respect and support Member States' responsibilities in the definition and delivery of SSGI, taking account of the current Commission review of rules;
Amendment 255 #
2009/2222(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Urges that the taskforce be chaired by the Commission'ser DG Social Affairs; that its membership include DG Competition, DG Single Market, DG Environment and DG Sanco, the European Social Affairs Council (EPSCO), the social partners and civil society organisations active in SSGI; that, in view of their democratic mandate, both Parliament and the Committee of the Regions must be centrally involved; and that social economy enterprises and stakeholders including voluntary associations, as well as local authorities, must be represented;
Amendment 257 #
2009/2222(INI)
Motion for a resolution
Title before paragraph 32 (new)
Title before paragraph 32 (new)
European Voluntary Quality Framework
Amendment 260 #
2009/2222(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Welcomes that the European Commission, in the Key Initiatives annexed to the Communication on European Platform against Poverty and Social Exclusion, proposes to develop, at a sectoral level, the Voluntary European Quality Framework on social services including in the field of long-term care and homelessness;
Amendment 265 #
2009/2222(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Urges that Member States use the VQF to draw up or to improve quality accreditation and monitoring systems, and that implementation of the VQF be evaluated with reference to the Charter of Fundamental Rights and Protocol 26 TFEU;
Amendment 1 #
2009/2111(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Draws attention to the Court of Auditors’ confirmation that the annual accounts for a budget of EUR 21 million fairly presents the Foundation’s actual financial position as of 31 December 2008 and that its operations and cash flows for that financial year are in accordance with the Foundation’s financial rules; notes the change of accounting officers and the problems found by the European Court of Auditors;
Amendment 2 #
2009/2111(DEC)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 3 #
2009/2111(DEC)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 4 #
2009/2111(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets thatCalls upon the Foundation’s Director and supervisory board did not solve the problems arising from the change of accounting officers in a timely manner; calls upon the Foundation’s management to take appropriate stepmanagement to take steps, as part of its human resources management policy, and in keeping with the its obligations concerning implementation of the budget, to make better provision in advance for the departure of key staff members;
Amendment 5 #
2009/2111(DEC)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 7 #
2009/2111(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the findings of the ECA that EUR 4.9 million (55%) of operational expenditure was carried forward without sufficient justification; calls therefore forfor in-depth consideration to be given to ways of ensuring that the Foundation's specific needs in terms of multiannual contracts can be met in a manner consistent with programming and budget forecasts to be adjusted to reflect the actual annual needs;
Amendment 8 #
2009/2111(DEC)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 9 #
2009/2111(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets that the ECA has once again discoveredWelcomes the Foundation's readiness to correct the weaknesses in the procurement procedures; notes the shortcomings to which attention was drawn in the previous year; calls for anotes the stronger commitment to the structures and processes required for proper procurement procedures;
Amendment 11 #
2009/2111(DEC)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 17 #
2008/2301(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
Ra. whereas Ms Ann Abraham, the UK Parliamentary and Health Service Ombudsman addressed the committee in December 2008 and presented her findings, which took her four years to complete, yet there were no proposals for remedies for the victims,
Amendment 37 #
2008/2301(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is concerned by the large number of petitions before this committee seeking voting rights for resident ‘non’-citizens of Latvia in local elections; recalls that the United Nations (UN) Human Rights Committee, the UN Committee on the Elimination of Racial Discrimination, the Parliamentary Assembly of the Council of Europe, the Congress of Local and Regional Authorities of the Council of Europe, the Commissioner for Human Rights of the Council of Europe, the European Commission against Racism and Intolerance and the Organisation for Security and Cooperation in Europe's Parliamentary Assembly have recommended making it possible for non- citizens to participate in local elections; urges the European Commission to closely monitor and encourage the regularisation of the status of ‘non’- citizens in Latvia, many of whom were born in Latvia;
Amendment 39 #
2008/2301(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission to bring forward a proposal, as a matter of urgency, to remove the legal loophole which allows misleading business directories to continue to operate; the problem could be resolved by altering the wording of Annex A(21) to the Unfair Commercial Practices Directive (2005/29/EC), specifically by replacing the word 'consumer' by the words 'target of the practice';
Amendment 40 #
2008/2301(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Notes that the One-Seat Petition signed by 1,5 million people, which seeks to have the European Parliament meet in one location, has not yet been fully addressed; recommends that the Petitions Committee deal with this matter as a priority during the next mandate;
Amendment 41 #
2008/2301(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Notes that the issues raised in the Jugendamt petitions concerning children being taken into care, have not yet been fully addressed and need to be considered afresh early in the next parliamentary term;
Amendment 1 #
2008/2063(INI)
Draft opinion
Recital A
Recital A
A. Whereas, with a view to preparing a report on the European Parliament's potential new role and responsibilities for implementing the Treaty of Lisbon, the Committee on Constitutional Affairs asked all parliamentary committees to answer to two questions included in a working document prepared by that committee,
Amendment 2 #
2008/2063(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out, as regards the question concerning the political priorities of the Committee on Employment and Social Affairs priorities with regard to the use of Parliament's new powerincreased democratic responsibilities provided for in the Treaty, that, as shown in a working document on Modifications introduced by the Treaty of Lisbon of interest to the EMPL committee, relatively few changes will be introduced by the Treaty of Lisbon as regards Parliament's competences, compared to the Treaties currently in force, which affect the powers of the Committee on Employment and Social Affairs as conferred under Annex VI of the Rules of Procedure;
Amendment 3 #
2008/2063(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers, therefore, that the use of Parliament's new powerincreased democratic responsibilities provided in the Treaty of Lisbon will have only a marginal effect compared to the current state of play as regards both the competences and the management of dossiers by the Committee on Employment and Social Affairs;
Amendment 10 #
2008/2063(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses, however, that the Treaty of Lisbon provides for further progress on social Europe and for strengthened social legislation on the basis of the binding character of the Charter of Fundamental Rights of the European Union and of a more systematic definition, in Articles 2 and 3 of the Treaty on European Union, as amended, of the values underpinning the European Union's actions and main aims;
Amendment 12 #
2008/2063(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines, in addition, the importance of the horizontal social clause in Article 9 of the Treaty on European Union, as amended, which will act as a general principle of the European Union's policy making;
Amendment 13 #
2008/2063(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes, in particular, Article 16 of the EC Treaty, as amended, and the Protocol to the Treaty of Lisbon on Services of General Interest, which provide a clear legal basis for the definition of Member States’ responsibilities as regards the provision of universal accessible and high-quality public services to citizens;
Amendment 15 #
2008/2063(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Points out that the only change introduced by the Treaty of Lisbon to the three legislative procedures referred to will be that as regards their adoption, voting in the Council will take place on the basis of qualified majority rather than unanimity, subject to the procedure provided for in Article 48 of the EC Treaty as amended; anticipates no particular difficulty with the change of voting majority in the Council as regards those dossiers.
Amendment 14 #
2007/2264(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks the Commission to provide a list naming the Member States whose legislation is not in line with all provisions of the Working Time Directive and specifying the action it is taking with regard to this; urges the Commission to take prompt action against those Member States which continue to be, in accordance with its prerogatives, in all cases and in all Member States where the transposition or implementation of the directive does non-t complianty with the law laid down by the legislature and by the Court of Justice;
Amendment 15 #
2007/2264(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Underlines the conclusion of the European Ombudsman that the failure of the Commission to deal with the petitioner's complaint over a period objectively established as several years' unjustified delay constitutes ineffective administration;
Amendment 16 #
2007/2264(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Agrees with the European Ombudsman that the Commission should deal with the petitioner's complaint as rapidly and diligently as possible;
Amendment 17 #
2007/2264(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Considers that the instant case may constitute an abuse of the discretion that the Commission enjoys when interpreting its obligations under Article 211 of the EC Treaty, which confers on it the role of guardian of the Treaties, in that the Commission so far exceeded the discretionary power it accorded itself in its Communication on better monitoring of the application of Community law (COM(2002)0725) that it could be regarded as having acted in an arbitrary fashion rather than in the exercise of its discretion;
Amendment 18 #
2007/2264(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Also stresses that Community law must be applied as it stands unless and until it is amended by subsequent legislation, and that, consequently, no proposal for amending legislation by the Commission can create a legislative lacuna (vacatio legis), which, in effect, was the Commission’s justification for its failure to act in the instant case;
Amendment 19 #
2007/2264(INI)
Motion for a resolution
Paragraph 17 e (new)
Paragraph 17 e (new)
17e. Notes that no account was taken of the introduction, on 1 January 2004, of German legislation which nevertheless contained a transitional provision concerning the existing collective agreements allowing derogations from the Working Time Directive until 31 December 2005, a deadline subsequently extended to 31 December 2006 by a decision of the German Bundesrat; expresses its surprise at this state of affairs and emphasises that the Commission must examine the German legislation and all collective agreements containing exemptions to working time legislation in order to assess whether the Working Time Directive is being implemented thereby;
Amendment 20 #
2007/2264(INI)
Motion for a resolution
Paragraph 17 f (new)
Paragraph 17 f (new)
17f. Notes that the instant case is one example of the systematic failure and difficulties encountered by various Member States in complying with the basic provisions of the Working Time Directive, as can be seen from the Extended Impact Assessment (SEC(2004)1154) which the Commission produced before embarking on the planned review of the Working Time Directive; reminds the Commission that further complaints have been addressed to the Ombudsman regarding the failure of other Member States to comply with the Working Time Directive;
Amendment 21 #
2007/2264(INI)
Motion for a resolution
Paragraph 17 g (new)
Paragraph 17 g (new)
17g. Also urges all the Member States, in the light of the foregoing, to apply faithfully all the rules relating to health and safety at work on the basis of the principle that, in the event of any doubt, the interpretation of the law which is most favourable to the health and safety of workers should prevail (in dubio pro operario);