Activities of Manuel MEDINA ORTEGA
Plenary speeches (315)
Consumer protection
Political Dialogue and Cooperation Agreements with Central America and the Andean Community
Environmental liability
Effect on the marine environment of low-frequency active sonar
Venezuela
Intellectual property
Simplifying and improving Community regulation
Implementation of Directive 73/239/EEC by the United Kingdom between 1978 and 2001 (Lloyd's)
Approximating civil procedural law in the Union
International Fund for Compensation for Oil Pollution Damage
Vote
Copyright
The operating framework for the European Regulatory Agencies
Members' Statute
Question Time (Council)
European governance
Question Time (Council)
Legislative and work programme for 2004 – Eurostat
Agenda
Question Time (Council)
Situation in Bolivia
German deposit system
Vote
Market regulations and competition rules for the liberal professions
Better lawmaking
Patentability of computer-implemented inventions
ACP bananas
Vote
Question Time (Council)
Question Time (Commission)
Vote
Adoption of a Statute for Members of the European Parliament
Environmental liability
Announcement by the President
Order of business
Vote
Vote
Reform of Staff Regulations
Consumer Policy Strategy 2002-2006
Question Time (Council)
Venezuela
Freedom of movement and residence for EU citizens
Question Time (Council)
Question Time (Council)
Question Time (Commission)
Typology and hierarchy of acts in the European Union
Financial Services
Order of business
Tobacco sponsorship and advertising
European Union Charter of Fundamental Rights
Mercosur
General debate on the general budget of the European Union for the financial year 2003
Question Time (Council)
Question Time (Commission)
Crisis in Argentina
Programme of Danish Presidency
Use of immovable property on a timeshare basis
AIEM tax applicable in the Canary Islands
Preparation for the EU/Latin America Summit (Madrid, 17/18 May 2002)
Division of competences between the EU and the Member States
Reception of applicants for asylum in Member States
Torrential rain in Tenerife and eastern Spain and climate change
Defence / armaments
Community patent
Fishery products from remote regions
Colombia
Question Time (Commission)
Application of international accounting standards
Relations between the EP and national parliaments
Announcement by the President
Third-country nationals
Spanish Presidency programme
Future of the European Union
EU/Latin America relations
Question Time (Council)
Approximation of civil and commercial law
Question Time (Commission)
Human rights
Question Time (Council)
White paper on reform of European governance
Asylum and immigration
Question Time (Commission)
Human rights
Drought in Central America
European Company Statute
Earthquake in Peru
Takeover bids
Structural measures
Termination of service of Commission officials
Question Time (Council)
Professional fees
Regulation of European securities markets (continuation)
Final agreement on the reform of the system for international transfers of footballers
Question Time (Commission)
Agenda
Agenda
Commission reform: human resources
Commission reform: human resources
VOTE
Copyright and related rights in the Information Society
Question Time (Commission)
Request for waiver of Mr Ribeiro e Castro's immunity
Human rights
Bananas COM
Tobacco products
Reform of the Commission
New EU/Morocco fisheries agreement
Better lawmaking
Constitutionalisation of the Treaties – Reinforced cooperation – Island status
Outermost regions of the EU
Request for waiver of Mr Pacheco Pereira’s immunity
Community customs code
Peru
Human rights
Agenda
Human rights
Question Time (Council)
Venezuela
Adoption of the Minutes of the previous sitting
Request for the waiver of the parliamentary immunity of Mr Brie
Request for the waiver of the parliamentary immunity of Mr Kronberger
Manufacture, presentation and sale of tobacco products (continuation)
Question Time (Commission)
Adoption of the Minutes of the previous sitting
Statements by the President
Combating counterfeiting and piracy
Vote
COM in bananas
Vertical Restraints
Financial services and complementary pensions
Strategy for Europe’s Internal Market
Strategy for Europe’s Internal Market
Additionality
Human rights
Annual legislative programme (continuation)
Reforming the Commission
European postal services
Tourism and employment
Question Time (Council)
Approval of the Minutes of the two previous sittings
Question Time (Commission)
Volunteer aid workers in Colombia
Venezuela
Question Time (Council)
Agenda
Application of Community law to the Canary Islands
Shipbuilding
WTO Millennium Round (continuation)
Question Time (Council)
European internal market
EC-Angola fisheries agreement
EC-Morocco fisheries agreement
EC-Morocco fisheries agreement
Speedometers for two- or three-wheel motor vehicles
Opening of the Millennium Round (continued)
Question Time (Council)
Second Report of the Independent Experts
Bilateral agreements between Member States and third countries concerning sectoral matters and covering applicable law in contractual and non-contractual obligations - Bilateral agreements between Member States and third countries on judgments and decisions in matrimonial matters, parental responsibility and maintenance obligations - Development of an EU criminal justice area (debate)
Question Time (Council)
Question Time (Commission)
25th annual report from the Commission on monitoring the application of Community law (2007) (debate)
Question Time (Council)
Credit Rating Agencies - Reporting and documentation requirements in the case of merger and divisions - Insurance and reinsurance (Solvency II) (recast) (debate)
Term of protection of copyright and related rights (debate)
Strengthening security and fundamental freedoms on the Internet (debate)
Statute for a European private company - Cross-borders transfers of companies' registered offices - Small Business Act - Workers' participation in companies with a European Statute (debate)
Cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (short presentation)
Refusal of the extradition from Brazil of Cesare Battisti
Situation in Sri Lanka (vote)
Question Time (Council)
Question Time (Commission)
European Authentic Act - E-Justice - Cross-border implications of the legal protection of adults (debate)
European Authentic Act - E-Justice - Cross-border implications of the legal protection of adults (debate)
European Authentic Act - E-Justice - Cross-border implications of the legal protection of adults (debate)
Nicaragua
Nicaragua (vote)
Nicaragua (vote)
Nicaragua (vote)
Nicaragua (vote)
Question Time (Commission)
Transfers of defence-related products (debate)
Somalia
Question Time (Commission)
Question Time (Council)
Publication and translation obligations of certain types of companies (debate)
Question Time (Council)
Question Time (Council)
Management of fishing fleets registered in the Community outermost regions (debate)
Better lawmaking 2006 pursuant to Article 9 of the Protocol on the application of the principles of subsidiarity and proportionality (short presentation)
Collective management of copyrights on-line (debate)
Question Time (Council)
Hedge funds and private equity - Transparency of institutional investors (debate)
Electronic communications networks and services - European Electronic Communications Market Authority - Common approach to the use of the spectrum released by the digital switchover - Electronic communications networks and services, protection of privacy and consumer protection (debate)
Question Time (Council)
One-minute speeches on matters of political importance
Common frame of reference for European contract law (debate)
Question Time (Council)
Somalia: routine killing of civilians
Somalia: routine killing of civilians (vote)
Adaptation of a number of instruments to the regulatory procedure with scrutiny, "omnibus" Regulation, Part One - Adaptation of a number of instruments with regard to the regulatory procedure with scrutiny, "omnibus" Regulation, Part Three (debate)
Autonomous Community tariff quotas on imports of certain fishery products into the Canary Islands (debate)
Council Question Time
Question Time (Commission)
Protection of the environment through criminal law (debate)
Outermost regions (debate)
Zimbabwe (vote)
European Union-Latin America and Caribbean Summit (debate)
Question Time (Council)
Commission Question Time
Implementation of the posting of workers directive following the judgments of the Court of Justice (debate)
Question Time (Council)
Monitoring the application of Community law (debate)
Kosovo (debate)
Question Time (Council)
Accreditation and market surveillance relating to the marketing of products - Common framework for the marketing of products - Application of certain national technical rules to products lawfully marketed in another Member State - Safety marking on consumer products (debate)
Community Customs Code (debate)
Question Time (Council)
Status of elected MEPs in Poland (debate)
Legal protection of designs (debate)
European Contract Law (debate)
Law applicable to contractual obligations (Rome I) (debate)
Question Time (Council)
Cross-border collective copyright management (debate)
Question Time (Commission)
Comitology (debate)
Company law (debate)
Council Question Time
Improving the efficiency of the enforcement of judgments in the EU: attachment of bank accounts (debate)
Commission Question Time
Framework directive on the sustainable use of pesticides - Thematic strategy on the sustainable use of pesticides - The placing of plant protection products on the market (debate)
Council Question Time
Statute of the European Private Company, Company Law (debate)
Commission Question Time
Forest fires in Greece, their consequences and conclusions to be drawn for prevention and preparedness measures (debate)
Better Regulation - Better law-making 2005:, subsidiarity and proportionality - Simplification of the regulatory environment - Use of 'soft law' (debate)
Council Question Time
Common authorisation procedure for food additives – Food additives – Food enzymes – Flavourings and food ingredients with flavouring properties for use in and on foods (debate)
Law applicable to non-contractual obligations ('Rome II') (debate)
Council Question Time
Commission Question Time
The transposition and implementation of public procurement legislation (debate)
The banning of exports and the safe storage of metallic mercury (debate)
One-minute speeches on matters of political importance
Prüm Treaty: cross-border cooperation in combating terrorism and cross-border crime - Visa Information System (VIS) - Consultation of the Visa Information System (VIS) - Protection of personal data (continuation of debate)
The Radio Caracas TV Channel in Venezuela
Council Question Time
Beniamino Donnici (debate)
One-minute speeches on matters of political importance
Council Question Time
Enforcement of intellectual property rights (criminal measures) (debate)
Cross-border collective copyright management (debate)
One share, one vote - Proportionality between ownership and control in EU listed companies (debate)
Shareholders' voting rights (debate)
Council Question Time
The European private company statute (debate)
Limitation periods in cross-border disputes involving personal injuries and fatal accidents (debate)
Law applicable to non-contractual obligations ("ROME II") (debate)
Council Question Time
Council Question Time
Community Customs Code – Customs 2013 programme (debate)
Banana sector (debate)
Services in the internal market (debate)
Succession and wills (debate)
Mortgage credit (debate)
Commission Question Time
Council Question Time
Council Question Time
Gambling and sports betting in the Internal Market (debate)
Uzbekistan (vote)
Council Question Time
Future action in the field of patents (debate)
Council Question Time
Accession of the EC to the Hague Conference on Private International Law Involvement of the European Parliament in the work of the Hague Conference following the accession of the Community (debate)
Commission Question Time
One-minute speeches on matters of political importance
Council Question Time
Mutual information procedure Integration of immigrants in the European Union European Union immigration policy (debate)
Crisis of Equitable Life (debate)
EC-Morocco Fisheries Partnership Agreement (debate)
Modification of the Protocol on Privileges and Immunities (debate)
Monitoring the application of Community law (2003-2004) - Better lawmaking 2004: application of the principle of subsidiarity - The implementation consequences and impact of the internal market legislation in force - Strategy for the simplification of the regulatory environment (debate)
Commission Question Time
Commission Question Time
One-minute speeches on matters of political importance
European contract law and revision of the acquis (debate)
Membership of political groups
Mergers in the Internal Market (debate)
Commission Question Time
Services (continuation of the debate)
Council Question Time
Council Question Time
Council Question Time
Arms exports
REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals)
Commission Question Time
Banana import arrangements
Patents for biotechnological inventions
Regional development
Protocol to the EEC-Comoros Agreement on tuna fishing
Agriculture in the outermost regions of the Union
Patentability of computer-implemented inventions
Community Border Code
Lloyd’s Affair
Community patent
Fight against terrorism
One-minute speeches on matters of political importance
Question Time (Council)
One-minute speeches on matters of political importance
One-minute speeches on matters of political importance
Civil liability in respect of the use of motor vehicles
Situation in Colombia
Naval sonars
Question Time (Council)
Reports (31)
Report on the joint text, approved by the Conciliation Committee, for a European Parliament and Council directive concerning the legal protection of designs - Parliament's delegation to the Conciliation Committee PDF (18 KB)
Report on the proposal for a Council Regulation introducing a scheme to compensate for the additional costs incurred in the marketing of certain fishery products from the Azores, Madeira, the Canary Islands and the French department of Guiana as a result of those regions' remoteness - Committee on Fisheries PDF (44 KB)
Report a Council Regulation on the conclusion of the Protocol establishing the fishing rights and financial contribution provided for in the Agreement between the European Economic Community and the Republic of Ivory Coast on fishing off the coast of Ivory Coast for the period from 1 July 1997 to 30 June 2000 - Committee on Fisheries PDF (47 KB)
Report on the joint text, approved by the Conciliation Committee, for a European Parliament and Council Directive concerning the processing of personal data and the protection of privacy in the telecommunications sector - Parliament's Delegation to the Conciliation Committee PDF (23 KB)
Recommendation for second reading on the common position established by the Council with a view to the adoption of a European Parliament and Council Directive on the legal protection of designs - Committee on Legal Affairs and Citizens' Rights PDF (43 KB)
Report on the proposal for a Council Decision approving the accession of the European Community to the Protocol relating to the Madrid Agreement concerning the International Registration of Marks, adopted in Madrid on 27 June 1989 - Committee on Legal Affairs and Citizens' Rights PDF (46 KB)
Report on the proposal for a Council Regulation modifying Council Regulation (EC) no. 40/94 of 20 December 1993 on the Community trade mark to give effect to the accession of the European Community to the Protocol relating to the Madrid Agreement concerning the International Registration of Marks adopted at Madrid on 27 June 1989 - Committee on Legal Affairs and Citizens' Rights PDF (54 KB)
Report on alleged contraventions or maladministration in the implementation of Community Law in relation to BSE, Part A.: I. Results of the Enquiry; II. Recommendations for the future; III. Minority Opinions (published separately) - Temporary Committee of Inquiry PDF (71 KB)
Recommendation for second Reading on the common position established by the Council with a view to the adoption of a European Parliament and Council Directive concerning the processing of personal data and the protection of privacy in the telecommunications sector, in particular in the integrated services digital network (ISDN) and in the public digital mobile networks - Committee on Legal Affairs and Citizens' Rights
Report on proposals for Council Decisions concerning the signing and approval, on behalf of the European Community, of the European Convention relating to questions on copyright law and neighbouring rights in the framework of trans-frontier broadcasting by satellite - Committee on Legal Affairs and Citizens' Rights
Report on the proposal for a Council decision establishing the European Civil Service Tribunal - Committee on Legal Affairs and the Internal Market PDF (181 KB) DOC (66 KB)
Report on the Commission communication on simplifying and improving the regulatory environment - Committee on Legal Affairs and the Internal Market PDF (128 KB) DOC (51 KB)
Report on the amended proposal for a Council regulation amending the Staff Regulations of officials and the Conditions of Employment of other servant of the European Communities (Renewed consultation) - Committee on Legal Affairs and the Internal Market PDF (161 KB) DOC (100 KB)
Report on the proposal for a Council regulation concerning transitional measures for the reform of the Staff Regulations, in particular with regard to pay and pension - Committee on Legal Affairs and the Internal Market PDF (150 KB) DOC (38 KB)
Report on the proposal for a Council regulation introducing, on the occasion of the accession of Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, special temporary measures for recruitment of officials of the European Communities - Committee on Legal Affairs and the Internal Market PDF (128 KB) DOC (40 KB)
Second report on the Commission communications on simplifying and improving Community regulation - Committee on Legal Affairs and the Internal Market PDF (160 KB) DOC (70 KB)
Report on the proposal for a Council Regulation amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities - Committee on Legal Affairs and the Internal Market PDF (371 KB) DOC (328 KB)
Report on the Commission's communication on "Simplifying and improving the regulatory environment" - Committee on Legal Affairs and the Internal Market PDF (247 KB) DOC (168 KB)
Report on the proposal for a Directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products (Enhanced Hughes procedure) - Committee on Legal Affairs and the Internal Market PDF (207 KB) DOC (126 KB)
Report on the monitoring of Community policy on the protection of purchasers of the right to use immovable properties on a timeshare basis (Directive 94/47/EEC) - Committee on Legal Affairs and the Internal Market PDF (49 KB) DOC (77 KB)
PDF (15 KB) DOC (41 KB)
PDF (48 KB) DOC (137 KB)
REPORT Report on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters PDF (112 KB) DOC (54 KB)
REPORT on the outlook for copyright in the EU PDF (217 KB) DOC (118 KB)
REPORT with recommendations to the Commission on the European Authentic Act PDF (136 KB) DOC (67 KB)
REPORT on ‘Better lawmaking 2006’ pursuant to Article 9 of the Protocol on the application of the principles of subsidiarity and proportionality PDF (144 KB) DOC (77 KB)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1606/2002 on the application of international accounting standards as regards the implementing powers conferred on the Commission PDF (141 KB) DOC (92 KB)
REPORT Report on institutional and legal implications of the use of 'soft law' instruments PDF (190 KB) DOC (155 KB)
REPORT Report on the proposal for a Council regulation laying down special measures to encourage silkworm rearing (Codified version) PDF (120 KB) DOC (56 KB)
REPORT Report on the proposal for a Council directive on the exemption from taxes of imports of small consignments of goods of a non-commercial character from third countries (Codified version) PDF (121 KB) DOC (56 KB)
REPORT on the Council common position for adopting a directive of the European Parliament and of the Council amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles PDF (184 KB) DOC (106 KB)
Opinions (20)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and services, and 2002/20/EC on the authorisation of electronic communications networks and services
OPINION Proposal for a regulation of the European Parliament and of the Council concerning the placing of plant protection products on the market
OPINION Proposal for Council decision on the conclusion of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland
OPINION Proposal for a Council decision on the signature, on behalf of the European Community, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
OPINION Proposal for a regulation of the European Parliament and the Council on the banning of exports and the safe storage of metallic mercury
OPINION Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Slovenia, the Slovak Republic, the Italian Republic, the Republic of Finland, the Portuguese Republic, Romania and the Kingdom of Sweden on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime
OPINION Proposal for a regulation of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, and Council Directive 2001/112/EC
OPINION Proposal for a regulation of the European Parliament and of the Council on food additives
OPINION Proposal for a regulation of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings
OPINION Proposal for a Council decision on the conclusion of a Second Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
OPINION Green paper: Mortgage Credit in the EU
OPINION Legal basis of the proposal for a Council decision on the conclusion of an Agreement between the European Community and the Government of Canada on the processing of Advance Passenger Information (API)/Passenger Name Record (PNR) data (COM(2005)0200 – C6-0184/2005 – 2005/0095(CNS))
OPINION Proposal for a regulation of the European Parliament and of the Council on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems
OPINION Proposition de directive du Parlement européen et du Conseil relative aux services dans le marché intérieur
OPINION Proposition de règlement du Conseil établissant le code communautaire relatif au régime de franchissement des frontières par les personnes
OPINION Council of the European Union: Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
OPINION Council of the European Union: Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
OPINION Council of the European Union: Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
OPINION Council of the European Union: Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
OPINION Draft Treaty Establishing a Constitution for Europe
Legal basis opinions (18)
Prüm Treaty: stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime. Initiative Belgium, Bulgaria, Germany, Spain, France, Luxembourg, the Netherlands, Austria, Slovenia, Slovakia, Italy, Finland, Portugal, Romania and Sweden
EC/Mexico Economic Partnership, Political Coordination and Cooperation Agreement: accession of Bulgaria and Romania. Protocol
EC/Switzerland/Liechtenstein agreement: protocol on the accession of Liechtenstein to the EC/Switzerland agreement on the criteria to determine the state responsible for the examination of an asylum application. Dublin Convention on Eurodac
EU/EC/Switzerland/Liechtenstein agreement: protocol on the accession of Liechtenstein to the EC/Switzerland agreement on Switzerland's association with the implementation, application and development of the Schengen acquis
Dangerous substances, metallic mercury: banning of exports, safe storage
Food additives
Food enzymes
Food safety, human health protection: common authorisation procedure for food additives, food enzymes and food flavourings
Placing of plant protection products on the market
EC/Canada agreement: air transport and right to privacy, processing of advance passenger information (API) and passenger name record (PNR) data
Combating crime: prevention of crime, criminal offences and terrorism, retention of data processed on public communications networks. Framework Decision. Initiative France, Ireland, Sweden and United Kingdom
EC/Switzerland agreement: State responsible for the examination of an asylum application. Dublin Convention on Eurodac
EC/Switzerland agreement: agreement on the Schengen acquis
Protection of wild fauna: conclusion of the 1995 Agreement on the conservation of African-Eurasian migratory waterbirds
Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)
EIB loans to Russia and the Western New Independent States WNIS: EC guarantee (ext. Decision 2001/777/EC)
Services in the internal market. Services Directive
Protection of human health: addition of nutrients to food
Amendments (115)
Amendment 13 #
2008/2233(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, however, it is absolutely essential that any measures proposed should be proportionate; whereas, moreover, they should not merely replicate what can already be achieved through existing national measures and they should be confined to cross-border claimexisting national measures and unnecessary and inappropriate harmonisation should be avoided,
Amendment 14 #
2008/2233(INI)
Motion for a resolution
Recital J
Recital J
J. whereas considerablsome concern has been expressed that certain of the ideas put forward in the above-mentioned Green Paper of 6 March 2008on the effective enforcement of judgments in the European Union through the transparency of debtors' assets could violate fundamental rights, including the right to privacy (data protection), undermine procedural safeguards and run counter to the constitutional traditions of many Member States,
Amendment 16 #
2008/2233(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Agrees with the Commission that cross- border debt recovery through enforcement of judicial decisions is a major internal market problem, but; considers that none of the solutions mooted by the Commission willcan also help with the most difficult problem, that of recalcitrant debtors who are unscrupulous in honouring their civil obligations and have the means at their disposal to evade them;
Amendment 20 #
2008/2233(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that such a manual, to be made available on the European Judicial Network, could be useful at best as a general guide to what is available in other jurisdictions;
Amendment 22 #
2008/2233(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view, however, that such a manual will be of limited utility, laborious and expensive to produce and update, and inevitably lag behind changes in the law;utility, considers that it will be of assistance onlyto professionals as well as to persons wishing to do their own enforcement in a foreign country; points out that, in the great majority of cases, the creditor will have to seek legal advice from a lawyer in the foreign jurisdiction about what means of enforcement may be available;
Amendment 25 #
2008/2233(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Strongly bBelieves that other initiatives such as launching national directories of foreign lawyers exercising their internal market rights under Directives 77/249/EEC*3 and 98/5/EC** would be more cost-effective and more helpful to creditors; 1 Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services, OJ L 78, 26.3.1977, p. 17. 2 Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained, OJ L 77, 14.3.1998, p. 36. 3 Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services, OJ L 78, 26.3.1977, p. 17. 4 Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained, OJ L 77, 14.3.1998, p. 36.4 can be complementary to the Manual; Or. en
Amendment 28 #
2008/2233(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Has the gravest misgivings about providing access to population, social security and tax registersIs against providing unjustified, indiscriminate and arbitrary access to all kind of data on population, social security and tax registers and in favour of an adequate and proportionate framework to ensure the effective enforcement of judgments in the European Union;
Amendment 30 #
2008/2233(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. ArguesIs of the opinion that, althoughppropriate access to population registers (where they exist) might be useful for tracing hapless private individuals who default on maintenance payments or personal loans, it would be expensive and disproportionate and would do nothing about the problem of recalcitrant debtors, and increased access to population registers could well be abused by journalists or sellers using cold-calling techniqu and for avoiding abuses;
Amendment 31 #
2008/2233(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that, whereas better access to social security and tax registers has been used in certain jurisdictions with some success, there are possible conflicts withit is necessary also to ensure the rules on data protection and confidentiality; points out that such a move would entail major legislative changes in some Member States and would be regarded with suspicion bythis is a sensitive matter to the public; notes, moreover, that there may well be legal problems in using information for a different purpose than the purpose for which it was collected;
Amendment 32 #
2008/2233(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Maintains that, if the proposal iwas disproportionate to the end sought, it could be open to abuse and could constitute a violation of the right to privacy;
Amendment 33 #
2008/2233(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that in any event, in the case of recalcitrant debtors, creditors will probably have to have recourse to inquiry agents and access to public registers will not be of much assistancemay have recourse to other means such as inquiry agents;
Amendment 36 #
2008/2233(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the idea of improved cooperation between public enforcement bodies may be worth exploring further, but points out that such bodies do not exist in all the Member States;
Amendment 37 #
2008/2233(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes the view that a debtor’s declaration can usefully form part of the procedure for enforcing a judgment, where it can be backed by sanctions under national law;
Amendment 38 #
2008/2233(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that there is no need for Community action in this area, although the Community could encourage Community should ensure that Member States which do not provide for debtor's declarations to make adequate provision in their legislation for effective instruments of this nature;
Amendment 44 #
2008/2233(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Argues that the assets to be disclosed in such a declaration should not be limited to those located in the European Union, but should extend to assets held worldwide in the proportion needed for the recovery of the debt;
Amendment 46 #
2008/2233(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that both in small cases, particularly where legal costs could otherwise be prohibitive, justice delayed is justice denied and that, in larger cases, it can beand larger cases the legal cost, the rapidity and the absence of information about assets which proves to be the greatestare the main obstacles; considers therefore that recourse to provisional measures orders can provide a neat solution in both types of cases;
Amendment 1 #
2008/2096(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, for the sake of the quality of legislation, it is increasingly necessarymay be appropriate to delegate to the Commission the development of the non-essential and more technical aspects of the legislation as well as its prompt adjustment to take account of technological progress and economic change; whereas such delegation of powers must be facilitated by giving the legislator the institutional means to scrutinise the use such powers,
Amendment 2 #
2008/2096(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Article 2 paragraph 2 of that Decision incorrectly introduces the concept of "quasi- legislative" measures where a basic legal instrument adopted by codecision provides for measures of general scope designed to amend non- essential elements of that instrument, inter alia, by deleting some of those elements or by supplementing the instrument by the addition of new non- essential elements; whereas it is up to the Union legislator to define, on a case by case basis, the essential elements of each legislative act, that can only be amended by via a legislative procedure,
Amendment 3 #
2008/2096(INI)
Motion for a resolution
Recital D
Recital D
D. whereas that Decision makes what are known as "quasi- legislative" measures subject to a regulatory procedure with scrutiny under which the European Parliament is fully associated with the control of such measures and can oppose draft measures proposed by the Commission which exceed the implementing powers provided for in the basic instrument or a draft which is not compatible with the aim or the content of the basic instrument or does not respect the principles of subsidiarity or proportionality,
Amendment 10 #
2008/2096(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls upon the Commission to submit the corresponding legislative proposals for the purpose of bringing the remaining legal acts into line with Decision 1999/468/EC as amended by means of Decision 2006/512/EC, in particular the ones included in the Annex to this resolution;
Amendment 14 #
2008/2096(INI)
Motion for a resolution
Annex - Introductory section
Annex - Introductory section
Amendment 2 #
2008/2085(INI)
Draft opinion
Recital A
Recital A
A. whereas the Treaty establishing the European Community lays down a number of principles; whereas one of the main activitiose principles ofis the Community is an internal market characterised by the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital, as well as a policy in the social sphererecognition of citizens' basic constitutional rights, including the right of unionisation, the right to strike and the right to collective bargaining,
Amendment 4 #
2008/2085(INI)
Draft opinion
Recital B
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 6 #
2008/2085(INI)
Draft opinion
Recital C
Recital C
C. whereas the right to take collective action is also recognised as a fundamental right which forms an integral part of the general principles of Community law,
Amendment 11 #
2008/2085(INI)
Draft opinion
Recital D
Recital D
D. whereas restrictions on fundamental freedoms are not 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,
Amendment 14 #
2008/2085(INI)
Draft opinion
Recital F
Recital F
F. whereas it is up to the ECJ and the national courts to ascertain, on a case-by-case basis, whether thensure criteria for regarding the restriction of fundamental freedoms as compatible with the Community law are fulfilledgorous respect for fundamental rights in the EU,
Amendment 15 #
2008/2085(INI)
Draft opinion
Recital G
Recital G
G. whereas uniform application and enforcement of the provisions of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services12 (the PWD) are essential in order to ensure its objectives, and in particular respect for collective bargaining arrangements existing in the Member States, on the basis of rigorous respect for fundamental rights,
Amendment 18 #
2008/2085(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that none of the recent judgments of the Court of Justice1 (1) affects either the content of any collective agreements which might be concluded in Member States or the right to conclude such the substance of collective bargaining by jeopardising the validity and future development of collective agreements negotiated by workers;
Amendment 20 #
2008/2085(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. ; Underlines that, according to the case- law of the Court of Justice, Member States may not impose minimum standards in matters other than those provided for in the PWD and the content of such minimum standards may not be determined by a source which is not provided for by that directivee need to guarantee certain minimum workplace conditions for workers moving within the EU;
Amendment 22 #
2008/2085(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Observes that national rules whichthe failure to take into account collective agreements, irrespective of their content, to which undertakings that post workers to a host country are already bound in the Member State in which they are established, give rise, as ascertained by the Court of Justice, to discrimination against such undertakings, in so far as under those national rules they are treated in the same way as national undertakings which have not concluded a collective agreementrecognise the validity of collective agreements threatens to reduce social protection standards in the EU;
Amendment 25 #
2008/2085(INI)
Draft opinion
Paragraph 4
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, in particular of Articles 43 and 49 of the EC Treaty, and must therefore be justified by an overriding reason of public interest, must be proportionate and must use appropriate means which do not go beyond what is necessary; emphasises in that context that, in accordance with the judgments of the Court of Justice, the right to take collective action for the protection of workers may constitute such an overriding reason;
Amendment 28 #
2008/2085(INI)
Draft opinion
Paragraph 5
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; recognises that, in the specific circumstances of the cases recently ruled on by the Court of Justice, the horizontal effect of Article 43 of the EC Treaty was duly identified;
Amendment 29 #
2008/2085(INI)
Draft opinion
Paragraph 5
Paragraph 5
6. Calls on the Member States to ensure proper implementation, application and enforcement of the PWD; calls on the Commission to provide appropriate guidance to Member States regarding the implementation, application and enforcement of that directive in accordance with the judgments of the Court of Justice;fundamental social rights:
Amendment 31 #
2008/2085(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. WBelcomes in that respecieves that the Commission's Recommendation of 3 April 2008 and the Council Conclusions of 9 June 2008 on enhanced administrative cooperation in the context of the posting of workers in the framework of the provision of services do not add up to sufficient progress on the matter;
Amendment 34 #
2008/2085(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to take appropriate action vis-à-vis those Member States that do not apply Community law in this field as interpreted by the Court of Justiceto ensure minimum standards of protection of fundamental social rights, including recognition of collective bargaining.
Amendment 1 #
2008/2063(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that the Treaty of Lisbon includes a new legal basis providing for codecision in respect of intellectual property rights, in that Article 97a of the Treaty on the Functioning of the European Union (TEFU) provides: ‘In the context of the establishment and functioning of the internal market, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish measures for the creation of European intellectual property rights to provide uniform protection of intellectual property rights throughout the Union and for the setting up of centralised Union- wide authorisation, coordination and supervision arrangements’; deplores the fact that unanimity and mere consultation of Parliament have been retained as the decision-making procedure as regards the language arrangements with regard to intellectual property rightrecognises that the principle of equality of the official languages, being an EU constitutional principle, rules out the possibility of adopting agreements altering the language arrangements without a vote in favour by all Member States;
Amendment 1 #
2008/2010(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to Article 299(2) of the EC Treaty, which will be replaced by Articles 29349 and 311a55 following the entry into force of the Treaty of Lisbon, concerning the special characteristics of the outermost regions, and Article 8107(3)(a),
Amendment 19 #
2008/2010(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets the initial reluctance shown byCalls on DG Trade to take into account the specific characteristics of the outermost regions when negotiating EPAs and urges the Commission to continue to seek compromises that respect the interests of the ORs concerned, when it comes to reaching final agreements with the ACP countries;
Amendment 36 #
2008/2010(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Requests that Community support for agriculture in the ORs, which is given less emphasis than other sectors, should be the object of extensive debate with reference to identifying the real challenges, the need to move towards local self sufficiency, the importance of the environmental dimension and the need to take into account the effects of the opening up of trade introduced by the EPAs and the future free trade agreements with Latin America, including the Andean Community;
Amendment 44 #
2008/2010(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recommends that ways of overcoming the narrowness of local markets, the increasingly open competitive environment, and the difficulty of finding market outlets in mainland Europe markets or in the geographical area concerned, should also be priorities for debate, together with effective participation by the ORs in European policies to promote innovation and overcome the digital divide, including the improvement of links with the neighbouring countries;
Amendment 15 #
2008/0142(COD)
Proposal for a directive
–
–
The Committee on Legal Affairs calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 16 #
2008/0142(COD)
Proposal for a directive
Title
Title
Proposal for a directive of the European Parliament and of the Council on the application of patients' rights in cross- border healthcareto access to safe, high-quality and effective healthcare, under equitable conditions
Amendment 17 #
2008/0142(COD)
Proposal for a directive
Recital 10
Recital 10
For the purpose of this Directive, the concept of "cross-border healthcare" covers the following modes of supply of healthcare: – Use of healthcare abroad (i.e.: a patient moving to a healthcare provider in another Member State for treatment); this is what is referred to as 'patient mobility'; – Cross-border provision of healthcare (i.e.: delivery of service from the territory of one Member State into the territory of another); such as telemedicine services, remote diagnosis and prescription, laboratory services; – Permanent presence of a healthcare provider (i.e.: establishment of a healthcare provider in another Member State); and, – Temporary presence of persons (i.e.: mobility of health professionals, for example moving temporarily to the Member State of the patient to provide services).
Amendment 18 #
2008/0142(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) In the light of the case-law of the Court of Justice of the European Communities (C-496/01), in the absence of harmonisation measures, Community law does not preclude a Member State from imposing, in the context of an authorisation scheme, its level of public health protection on healthcare providers established in another Member State which wish to offer services to patients insured in the first Member State. However, the conditions to be satisfied in order to obtain such authorisation may not duplicate the equivalent statutory conditions which have already been satisfied in the Member State of establishment.
Amendment 19 #
2008/0142(COD)
Proposal for a directive
Recital 23
Recital 23
Amendment 20 #
2008/0142(COD)
Proposal for a directive
Recital 25
Recital 25
(25) This Directive does not aim either to create entitlement for reimbursement of treatment in another Member State, if such a treatment is not among the benefits provided for by the legislation of the patient's Member State of affiliation, or to modify the conditions for that entitlement, if they are included in the legislation of the Member State of affiliation. Equally this Directive does not prevent the Member States from extending their benefits in kind scheme to healthcare provided in another Member State according to its provisions.
Amendment 21 #
2008/0142(COD)
Proposal for a directive
Recital 31
Recital 31
(31) The evidence available indicates that the application of free movement principles regarding use of healthcare in another Member State within the limits of the cover guaranteed by the statutory sickness insurance scheme of the Member State of affiliation will not undermine the health systems of the Member States or financial sustainability of their social security systems. However, the Court of Justice has recognised that it cIn the light of the case-law of the Court of Justice, the Member States may provide that the assumption by the national system of the costs for hospital care provided in annot be excluded that the possible risk of seriously undermining a social security system's financial balance or the objective of maintaining a balanced medical and hospital service open to all may constitute overriding reasons in the general interest capable of justifying a barrier to the principle of freedom to provide services. The Court of Justice has also recognised that the number of hospitals, their geographical distribution, the way in which they are organised and the facilities with which they are provided, and even the nature of the medical services which they are able to offer, are all matters for which planning must be possible. This Directive should provide for a system of prior authorisation for assumption of costs for hospital care received in another Member State, where the following conditions are met : had the treatment been provided on its territory, it would have been assumed by its social security system and the consequent outflow of patients due to the implementation of the directive seriously undermines or is likely to seriously undermine the financial balance of the social security system and/or this outflow of patients seriously undermines, or is likely to seriously undermine the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member. As the assessment of the precise impact of an expected outflow of patients requires complex assumptions and calculations, the Directive allows for a system of prior authorisation if there is sufficient reason to expect that the social security system will be seriously undermined. This should also cover cases of already existing systems of prior authorisation which are in conformity with conditions laid down in Article 8her Member State is subject to prior authorisation. This requirement is considered to be a measure that is both necessary and reasonable. Thus the number of hospitals, their geographical distribution, the way in which they are organised and the facilities with which they are provided, and even the nature of the medical services which they are able to offer, are all matters for which planning must be possible, generally designed to meet various needs. On the one hand, such planning is geared to ensuring sufficient and permanent access to a balanced range of high-quality hospital treatment in the State concerned. On the other hand, it helps to meet the desire for rational use of resources by permitting the social efficiency of financial, technical and human resources.
Amendment 22 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision ofaccess by EU citizens to safe, high quality and efficient cross-borderhealthcare, under equitable conditions, and establishes mechanisms for cooperation among Member States in the field of health, respecting national competences as regards the organisation and provision of healthcare.
Amendment 23 #
2008/0142(COD)
Proposal for a directive
Article 2
Article 2
This Directive shall apply to provision of healthcare regardless of how it is organised, delivered and financed or whether it is public or private, defined in Article 4, which is not guaranteed by Regulation (EC) 883/2004 on the coordination of social security systems.
Amendment 24 #
2008/0142(COD)
Proposal for a directive
Article 3 – second paragraph
Article 3 – second paragraph
Amendment 25 #
2008/0142(COD)
Proposal for a directive
Article 4 – point b
Article 4 – point b
(b) "cross-border healthcare" means healthcare provided in a Member State other than that where the patient is an insured person or healthcare provided in a Member State other than that where the healthcare provider resides, is registered or is established;
Amendment 26 #
2008/0142(COD)
Proposal for a directive
Article 4 – point c
Article 4 – point c
Amendment 27 #
2008/0142(COD)
Proposal for a directive
Article 4 – point d
Article 4 – point d
(d) "health professional" means a doctor of medicimedical practitioner or a nurse responsible for general care or a dental practitioner or a midwife or a pharmacist within the meaning of Directive 2005/36/EC or another professional exercising activities in the healthcare sector which are restricted to a regulated profession as defined in Article 3(1)(a) of Directive 2005/36/EC;
Amendment 28 #
2008/0142(COD)
Proposal for a directive
Article 4 – point f
Article 4 – point f
(f) "patient" means any natural person who receives or wishes to receive healthcare in a Member State;
Amendment 29 #
2008/0142(COD)
Proposal for a directive
Article 4 – point g
Article 4 – point g
(g) "insured person" means: (i) until the date of application of Regulation (EC) No 883/2004: a person who is insured in accordance with the provisions of Articles 1, 2 and 4 of Regulation (EC) No 1408/71, (ii) as from the date of application of Regulation (EC) No 883/2004: a person who is an insured person within the meaning ofing to the definition in Article 1(c) of Regulation (EC) No 883/2004;
Amendment 30 #
2008/0142(COD)
Proposal for a directive
Article 4 – point h
Article 4 – point h
(h) "Member State of affiliation" means the Member State where the patient is an insured person; . If the patient is legally resident in a Member State and not insured by any European social security scheme, but has a recognised entitlement to healthcare, the Member State of affiliation shall be the Member State of residence;
Amendment 31 #
2008/0142(COD)
Proposal for a directive
Article 4 – point l a (new)
Article 4 – point l a (new)
(la) "Patient's medical records" or "medical history" means all the documents containing data, assessments and information of any kind on a patient's situation and clinical development throughout the care process.
Amendment 32 #
2008/0142(COD)
Proposal for a directive
Chapter – title
Chapter – title
MEMBER STATE AUTHORITIES RESPONSIBLE FOR COMPLIANCE WITH COMMON PRINCIPLES FOR HEALTHCARE
Amendment 33 #
2008/0142(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Responsibilities of authorities of the Member State of treatment
Amendment 34 #
2008/0142(COD)
Proposal for a directive
Article 6
Article 6
1. Subject to the provisions of this Directive, in particular Articles 7, 8 and 9, the Member State of affiliation shall ensure that insured persons travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare provided in another Member State, will not be prevented from receiving healthcare provided in another Member State where the treatment in question is among the benefits provided for by the legislation of the Member State of affiliation to which the insured person is entitled. The Member State of affiliation shall reimburse the costs to the insured person, which would have been paid for by its statutory social security system had the same or similar healthcare been provided in its territory. In any event, it is for the Member State of affiliation to determine the healthcare that is paid forin respect of which the insured person is entitled to assumption of the costs, as well as the level of reimbursement and co- payment to be met by that person, regardless of where it is provided.
Amendment 35 #
2008/0142(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Healthcare provided in another Member State Subject to the provisions of Articles 8 and 9, the Member State of affiliation shall not make the reimbursement of the costs of healthcare provided in another Member State subject to prior authorisation.
Amendment 36 #
2008/0142(COD)
Proposal for a directive
Article 7
Article 7
Amendment 37 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of reimbursement of the costs of healthcare provided in another Member State in accordance with this Directive, hospital care shall mean: (a) healthcare which requires overnight accommodation of the patient in question for at least one night; (b) healthcare, included in a specific list, that does not requireand specialised care shall mean, as defined in the legislation of the Member State of affiliation, healthcare which is subject to planning, in that it entails overnight accommodation of the patient in question for at least one night. This list shall be limited to: - healthcare that or which requires use of highly specialised and cost- intensive medical infrastructure or medical equipment;, or - healthcare involving treatments presenting a particularspecific risk for the patient or the population.
Amendment 38 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 39 #
2008/0142(COD)
3. The Member State of affiliation may provide for a system of prior authorisation for reimbursement by its social security system of the cost of hospital care provided in another Member State where the following conditions are met: (a) had the healthcare been provided in its territory, it would have been assumed by the Member State's social security system; and (b) the purpose of the system is to address the consequent outflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriously undermine: (i) the financial balance of assume the cost of hospital care and specialised care (as defined by the Member State of affiliation) within the terms set out in paragraph 1 provided in another Member State's social security system; and/or (ii) the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member State, where prior authorisation has been obtained.
Amendment 40 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The prior authorisation system shall be limited to what is necessary and proportionate to avoid such impact, and shall not constitute a means of arbitrary discrimination.
Amendment 41 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Member State of affiliation shall make publicly available the list of hospitals and specialised care services, as well as all relevant information on the prior authorisation systems introduced pursuant to the provisions of paragraph 32.
Amendment 42 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. For all requests for authorisation made by an insured person to receive health care in another Member State, the Member State of affiliation shall check for compliance with the conditions set out in Regulation (EC) No 883/2004, and, should they be met, shall grant prior authorisation in line with that Regulation.
Amendment 43 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 b (new)
Article 8 – paragraph 5 b (new)
5b. The Member State of affiliation shall specify, in advance and in transparent fashion, the criteria applied in cases of refusal of prior authorisation, in relation to primary considerations of general interest.
Amendment 44 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 c (new)
Article 8 – paragraph 5 c (new)
5c. At all events, the Member State may refuse prior authorisation where the same treatment can be provided on its territory within a medically justifiable time-limit and taking account of the present state of health of the person concerned and the probable evolution of that person's illness.
Amendment 45 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Member State of affiliation shall ensure that administrative procedures regarding the use of healthcare in another Member State related to any prior authorisation referred to in Article 8(3), reimbursement2) and assumption of costs of healthcare incurred in another Member State and other conditions and formalities referred to in Article 6(3), are based on objective, non-discriminatory criteria which are published in advance, and which are necessary and proportionate to the objective to be achieved. In any event, an insured person shall always be granted the authorisation pursuant to Regulations on coordination of social security referred to in Art. 3.1 f) whenever the conditions of Art.22.1 c) and Art. 22.2 of Regulation 1408/71 are met.
Amendment 46 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Any such procedural systems shall be easily accessible and capable of ensuring that requests are dealt with objectively and impartially within maximum time limits set out and made public in advance by the Member States. In the processing of such requests, account shall be taken of urgency and individual circumstances.
Amendment 47 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 48 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 49 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 50 #
2008/0142(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Member States of affiliation shall ensure that there are mechanisms in place to provide patients on request with information on receiving healthcare in anthe provision of healthcare to nationals of other Member States, and the terms and conditions that would apply, inter alia, whenever harm is caused as a result of healthcare received in anotherone's own Member State.
Amendment 51 #
2008/0142(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Member States, with the assistance of the Commission, may, in accordance with the procedure referred to in Article 19(2), develop a standard Community format for the prior information referred to in paragraph 1.
Amendment 52 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 – letter a
Article 12 – paragraph 2 – letter a
(a) provide and disseminate information to patientson request to patients who are nationals of other Member States, in particular on their rights related to cross-border healthcare and the guarantees of quality and safety, protection of personal data, procedures for complaints and means of redress available for healthcare provided in anotherone's own Member State, and on the terms and conditions applicable;
Amendment 53 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 – letter b
Article 12 – paragraph 2 – letter b
(b) help patientsprovide help on request to patients who are nationals of other Member States seeking to protect their rights and seekobtain appropriate redress in the event of harm caused by the use of healthcare in anothertheir own Member State; the national contact point shall in particular, on request, inform patients who are nationals of other Member States about the options available to settle any dispute, help to identify the appropriate out-of-court settlement scheme for the specific case and help patients to monitor their dispute where necessary;
Amendment 54 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 – letter d
Article 12 – paragraph 2 – letter d
Amendment 55 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The national contact point in the Member State of affiliation shall provide, to patients so requesting, contact data for national contact points in other Member States.
Amendment 56 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Member States, with the assistance of the Commission, shall, in accordance with the procedure referred to in Article 19(2),: (a) adopt: (a) measures necessary for the management of the network of national contact points provided for in this Article; (b) determine the nature and type of data to be collected and exchanged within the network; (c) adopt guidelines on information to patients provided for in paragraph 2(a) of this Article.
Amendment 57 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. For facilitating the implementation of paragraph 1, the Member States, with the assistance of the Commission, shall adopt:
Amendment 58 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – letter a
Article 14 – paragraph 2 – letter a
(a) measures enabling a pharmacist or other health professional to verify the authenticity of the prescription and whether the prescription was issued in another Member State by an authorised person through developing a Community prescription template, and supporting interoperability of ePrescriptionsdetermining the data needed for its validity and the language requirements, supporting interoperability of ePrescriptions and ensuring the confidentiality of patient data;
Amendment 59 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – letter b
Article 14 – paragraph 2 – letter b
(b) measures to ensure that medicinal products prescribed in one Member State and dispensed in another are correctly identified and that the information to patients concerning the product is comprehensible;. Where the designation of the medicinal product prescribed consists of a made-up name or a brand name, the international common denomination (ICD) shall also be supplied.
Amendment 60 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – letter ca (new)
Article 14 – paragraph 2 – letter ca (new)
Amendment 19 #
2008/0083(COD)
Proposal for a directive – amending act
Article 1
Article 1
Directive 68/151/EEC
Article 3 – paragraph 4 – subparagraph 2 a (new)
Article 3 – paragraph 4 – subparagraph 2 a (new)
This paragraph is without prejudice to the freedom of Member States to pass on to companies publication-related costs, including those connected with the setting up and operation of the central electronic platform.
Amendment 3 #
2007/2261(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 1 #
2007/2258(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the consultations held with the national authorities, including those of the new Member States, have confirmed that, where they exist, the applicable penalties are valid and applied effectively throughout the European Union,
Amendment 2 #
2007/2258(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas, however, some Member States do not provide for any specific sanctions and rely solely upon the insurers' duty to pay statutory interest on the amount of compensation if the reasoned offer/reply is not made within three months and whereas such a sanction is, nevertheless, specifically required under the directive and must be applied in all the Member States,
Amendment 3 #
2007/2258(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas the payment of statutory interest on arrears is not a sanction but a means of compensation, which should be regarded as additional to, but not as a substitute for, the penalty,
Amendment 4 #
2007/2258(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. whereas the consultations carried out by the Commission to ascertain the extent of public awareness of the claims representative system involved only the Member States and the insurance industry, and did not succeed in involving to a sufficient extent members of the public and consumers' associations, in other words the parties with the greatest interest in ensuring the system works properly,
Amendment 5 #
2007/2258(INI)
Draft opinion
Recital B e (new)
Recital B e (new)
Amendment 6 #
2007/2258(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that a mere obligation on insurers to pay statutory interest on arrears does not constitute a sanction, and consequently that stricter supervision is required and the Commission must take appropriate action to ensure that all Member States provide for effective sanctions;
Amendment 7 #
2007/2258(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers that introducing harmonised national financial penalties would make it possible to simplify the procedure while safeguarding the interests of citizens and consumers;
Amendment 8 #
2007/2258(INI)
Draft opinion
Paragraph 4
Paragraph 4
Considers it advisable to keep legal expenses insurance on a voluntary basis in order to respect the specific features of the various national markets; hopes that the Member States and the Commission will promote knowledge of such a form of insurance via appropriate information campaigns and that they will stimulate freedom to provide such a service in order to encourage the dissemination of models based on the best practices of other Member States;
Amendment 10 #
2007/2258(INI)
Draft opinion
Paragraph 4a (new)
Paragraph 4a (new)
4a. Considers that every effort should be made to consider the possibilities of introducing compulsory legal expenses insurance without significantly increasing insurance premiums;
Amendment 11 #
2007/2258(INI)
Draft opinion
Paragraph 4b (new)
Paragraph 4b (new)
Amendment 12 #
2007/2258(INI)
Draft opinion
Paragraph 4c (new)
Paragraph 4c (new)
4c. Calls on the Commission to indicate alternative dispute resolution systems for settling claims, for example the direct compensation system, and to introduce such systems based on best practice from other Member States;
Amendment 13 #
2007/2258(INI)
Draft opinion
Paragraph 4d (new)
Paragraph 4d (new)
4d. Calls on the Commission to give serious consideration to introducing a compulsory direct compensation system as a means of achieving a general harmonisation at European level of dispute settlement measures;
Amendment 14 #
2007/2258(INI)
Draft opinion
Paragraph 4e (new)
Paragraph 4e (new)
4e. Considers that, to avoid gravely and unwarrantedly penalising the insurance industry, a mandatory direct compensation system could be introduced at European level after a transitional period and/or a period in which the system would be limited to accidents occurring outside the Member State of residence.
Amendment 5 #
2007/2205(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Proposes an amendment to Rule 19 of its Rules of Procedure to the effect that the Chairman of its Committee on Legal Affairs should be expressly appointed tooints out that the responsibility of representing the European Parliament in court in all legal proceedings in which its prerogatives are at issue must, in accordance with Rule 19 of its Rules of Procedure and with national parliamentary practice, continue to rest with its President;
Amendment 10 #
2007/2027(INI)
Motion for a resolution
Paragraph 14 – indent 1
Paragraph 14 – indent 1
– to be made mandatory, particularly in the context ofincorporated into training for, and examinations to enter, the judicial professions,
Amendment 16 #
2007/2027(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers, however, that the time is ripe for a pragmatic institutional solution to judicial training at EU level which makes full use of existing structures whilst avoiding unnecessary duplication of programmes; calls, therefore, for the creation of a European Judicial Academy composed of the European Judicial Training Network, whose task it would be to set training priorities, and the Academy of European Law, which would become its operative arm, implementing those to set and implement training priorities; calls for this institutional solution to take account of relevant experience gained in running the European Police College;
Amendment 16 #
2006/0084(COD)
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) It is necessary, for the sake of legal certainty, to clarify the procedural guarantees applicable in internal or external investigations conducted by the Office. That does not affect any more extensive protection which may derive from the rules of the Treaties, the Staff Regulations and anyEU Charter of Fundamental Rights, the Statute for Members of the European Parliament, the Staff Regulations of officials of the European Communities and other relevant national provisions.
Amendment 17 #
2006/0084(COD)
Proposal for a regulation – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) An investigation by the Office into a Member of the European Parliament may – in addition to subverting the normal order for the exercise of scrutiny by the legislature – irreparably harm the Member concerned, for which reason any such investigation should be carried out only under the terms and conditions laid down in the Statute for Members of the European Parliament.
Amendment 18 #
2006/0084(COD)
Proposal for a regulation – amending act
Recital 10
Recital 10
(10) It is appropriate to strengthen the Supervisory Committee’s powers of review in relation, in particular, to compliance with the provisions governing information exchanges between the Office and the institutions, bodies, offices and agencies, and to developments in the application of procedural guarantees and duration of investigations. It is also necessary to establish cooperation between the Supervisory Committee and the European Parliament, the Council and the Commission, by enabling the Supervisory Committee, without affecting the independence of its members, to meet representatives of those institutions in the context of a structured dialogue and with full respect for the institutions' independence within the European Union's legal framework.
Amendment 21 #
2006/0084(COD)
Proposal for a regulation – amending act
Article 1 – paragraph 3
Article 1 – paragraph 3
Regulation (EC) No 1073/1999
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
Amendment 22 #
2006/0084(COD)
Proposal for a regulation – amending act
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 1073/1999
Article 7a – paragraph 2 – subparagraph 1
Article 7a – paragraph 2 – subparagraph 1
2. As soon as an investigation revealsbrings to light firm evidence indicating that a member, manager, official or other servant or a person serving an institution, body, office or agency or an economic operator may beis implicated in a matter, the person concerned shall be informed, provided that this does not prejudice the conduct of the investigation by means of a communication to that effect indicating precisely what he is being accused of, in what way he is involved in the matter, what safeguards exist for his benefit and, in particular, how he can submit any observations and documents which he considers relevant; he shall be given a statutory hearing so that he can at the appropriate time make any relevant statements in his defence.
Amendment 24 #
2006/0084(COD)
Proposal for a regulation – amending act
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 1073/1999
Article 7 a – paragraph 2 – subparagraph 2
Article 7 a – paragraph 2 – subparagraph 2
In any event, no conclusions referring by name to a natural or legal person may be drawn on completion of an investigation unless the person thus personally implicated has been given the opportunity to make his views known (at least in writing) on all matters concerning him. That person must be given a summary of such matters in the invitation to comment. He is entitled to be assisted by a person of his choice. Any person implicated personally is entitled to use the official Community language of his choice; however, officials or other servants of the Communities may be asked to use an official Community language of which they have a thorough knowledge. A person implicated personally shall be entitled to avoid self-incriminationnot to testify against himself.
Amendment 25 #
2006/0084(COD)
Proposal for a regulation – amending act
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 1073/1999
Article 7 a – paragraph 3 – subparagraph 1
Article 7 a – paragraph 3 – subparagraph 1
3. The invitation to any interview, whether with a witness or with a person implicated personally within the meaning of paragraph 2, must be sent with at least eightten working days’ notice; the period of notice may be shortened with the agreemexpress consent of the persons to be interviewed. The invitation shall include a list of the rights of the person interviewed. The Office shall draw up a record of the interview and shall give the person interviewed access to it so that he may either approve the record or add observations.
Amendment 26 #
2006/0084(COD)
Proposal for a regulation – amending act
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 1073/1999
Article 7 a – paragraph 3 – subparagraph 2
Article 7 a – paragraph 3 – subparagraph 2
When, in the course of the interview, it transpirevidence emerges that the person interviewed as a witness may be involved in the facts under investigation, the procedural rules provided for in paragraph 2 shall apply at once.
Amendment 27 #
2006/0084(COD)
Proposal for a regulation – amending act
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 1073/1999
Article 7 a – paragraph 4 – (a)
Article 7 a – paragraph 4 – (a)
a) to more extensive protection which may derive from the rules of the Treaties or any, the EU Charter of Fundamental Rights or other relevant national or Community provisions;
Amendment 28 #
2006/0084(COD)
Proposal for a regulation – amending act
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 1073/1999
Article 7 a – paragraph 4 – letter (b)
Article 7 a – paragraph 4 – letter (b)
b) to rights and obligations conferred by the Staff Regulationtute for Members of the European Parliament or the Staff Regulations of officials of the European Communities.
Amendment 29 #
2006/0084(COD)
Proposal for a regulation – amending act
Article 1 – paragraph 9
Article 1 – paragraph 9
Regulation (CE) No 1073/1999
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Before forwarding the information referred to in the first subparagraph, the Office shall give the person implicated by the investigation the opportunity to comment (at least in writing) on the matters concerning him subject to the conditions, and in accordance with the arrangements, set out in the second and third subparagraphs of Article 7a(2). His comments shall be forwarded to the Member State and to the institution concerned, together with the information referred to in the first paragraph.