BETA

22 Amendments of Jasenko SELIMOVIC related to 2018/0064(COD)

Amendment 81 #
Proposal for a regulation
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trust in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross-border disputes or labour market disruptions.
2018/07/19
Committee: EMPL
Amendment 164 #
Proposal for a regulation
Recital 14
(14) To increase Member States' capacity to tackle irregularities with a cross-border dimension in relation to Union law within its scope, the Authority should support the national authorities in carrying out concerted and joint inspections, including by facilitating the implementation of the inspections in accordance with Article 10 of Directive 2014/67/EU. These should take place at the request of Member States or upon their agreement to the Authority's suggestion. The Authority should provide strategic, logistical, and technical support to Member States participating in the concerted or joint inspections in full respect of confidentiality requirements. Inspections should be carried out in agreement with the Member States concerned and take place fully within the legal framework of national law of Member States concerned, which should follow up on the outcomes of the concerted and joint inspections according to national law.deleted
2018/07/19
Committee: EMPL
Amendment 183 #
Proposal for a regulation
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61 . Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. __________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C-178/97 EU:C:2000:169, paragraphs 44- 45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44- 45.deleted
2018/07/19
Committee: EMPL
Amendment 301 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) support cooperation between Member States in the cross-border enforcement of relevant Union law, including facilitating joint inspections;deleted
2018/07/19
Committee: EMPL
Amendment 315 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions.deleted
2018/07/19
Committee: EMPL
Amendment 363 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) mediate in disputes between Member States' authorities on the application of relevant Union law, in accordance with Article 13;deleted
2018/07/19
Committee: EMPL
Amendment 485 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitate cross-border enforcement procedures of penalties and fines;deleted
2018/07/19
Committee: EMPL
Amendment 500 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point e
(e) report to the Commission on a quarterly basis about unresolved requests between Member States, and if considered necessary, refer those to mediation in accordance with Article 13.deleted
2018/07/19
Committee: EMPL
Amendment 578 #
Proposal for a regulation
Article 10
Arrangements for concerted and joint 1. inspection ('the joint inspection agreement') between the participating Member States and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall establish a model agreement. 2. and their follow-up shall be carried out in accordance with the national law of the Member States concerned. 3. logistical and technical support, which may include translation and interpretation services, to Member States carrying out concerted or joint inspections. 4. participate in a concerted or joint inspection with the prior agreement of the Member State on whose territory they will be providing their assistance to the inspection. 5. concerted or joint inspection shall report back to the Authority on the outcomes within their respective Member States and on the overall operational running of the concerted or joint inspection. 6. joint inspections shall be included in quarterly reports to be submitted to the Management Board. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report. 7. the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, including beyond the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned, where appropriate.ticle 10 deleted inspections An agreement for setting up a joint Concerted and joint inspections The Authority shall provide Staff of the Authority may National authorities carrying out a Information on concerted and In the event that the Authority, in
2018/07/19
Committee: EMPL
Amendment 583 #
Proposal for a regulation
Article 10 – paragraph 1
1. An agreement for setting up a joint inspection ('the joint inspection agreement') between the participating Member States and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall establish a model agreement.deleted
2018/07/19
Committee: EMPL
Amendment 594 #
Proposal for a regulation
Article 10 – paragraph 2
2. Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law of the Member States concerndeleted.
2018/07/19
Committee: EMPL
Amendment 606 #
Proposal for a regulation
Article 10 – paragraph 3
3. The Authority shall provide logistical and technical support, which may include translation and interpretation services, to Member States carrying out concerted or joint inspections.deleted
2018/07/19
Committee: EMPL
Amendment 614 #
Proposal for a regulation
Article 10 – paragraph 4
4. Staff of the Authority may participate in a concerted or joint inspection with the prior agreement of the Member State on whose territory they will be providing their assistance to the inspection.deleted
2018/07/19
Committee: EMPL
Amendment 627 #
Proposal for a regulation
Article 10 – paragraph 5
5. National authorities carrying out a concerted or joint inspection shall report back to the Authority on the outcomes within their respective Member States and on the overall operational running of the concerted or joint inspection.deleted
2018/07/19
Committee: EMPL
Amendment 635 #
Proposal for a regulation
Article 10 – paragraph 6
6. Information on concerted and joint inspections shall be included in quarterly reports to be submitted to the Management Board. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report.deleted
2018/07/19
Committee: EMPL
Amendment 642 #
Proposal for a regulation
Article 10 – paragraph 7
7. In the event that the Authority, in the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, including beyond the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned, where appropriate.deleted
2018/07/19
Committee: EMPL
Amendment 703 #
Proposal for a regulation
Article 13 – paragraph 1
1. In the event of disputes between Member States regarding the application or interpretation of Union law in areas covered by this Regulation, the Authority may perform a mediation role.deleted
2018/07/19
Committee: EMPL
Amendment 713 #
Proposal for a regulation
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute.deleted
2018/07/19
Committee: EMPL
Amendment 727 #
Proposal for a regulation
Article 13 – paragraph 3
3. When presenting a case for mediation by the Authority, Member States shall ensure that all personal data related to that case is anonymised and the Authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure.deleted
2018/07/19
Committee: EMPL
Amendment 734 #
Proposal for a regulation
Article 13 – paragraph 4
4. Cases in which there are ongoing court proceedings at national or Union level shall not be admissible for mediation by the Authority.deleted
2018/07/19
Committee: EMPL
Amendment 741 #
Proposal for a regulation
Article 13 – paragraph 5
5. Within three months of the conclusion of the mediation by the Authority, the Member States concerned shall report to the Authority on measures they have taken in order to follow-up on it or on the reasons for not taking action in the event that they did not follow-up.deleted
2018/07/19
Committee: EMPL
Amendment 750 #
Proposal for a regulation
Article 13 – paragraph 6
6. The Authority shall report to the Commission on a quarterly basis about the outcomes of the mediation cases it handles.deleted
2018/07/19
Committee: EMPL