Activities of Manuel MEDINA ORTEGA related to 2008/2085(INI)
Legal basis opinions (0)
Amendments (14)
Amendment 2 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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.