89 Amendments of Magda KÓSÁNÉ KOVÁCS

Draft opinion
Paragraph 6

6. Calls on the Commission and Member States to use all means at their disposal to support European undertakings, in particular small and medium-sized enterprises (SMEs), to promote job creation and boost the confidence of European investors, employers, workers and consumers, and to ensure that when providing such assistance social and territorial cohesion remain a priority in order to avoid asymmetric development within the Union;

2009/01/22
Committee: EMPL

2008/2334(INI)

Draft opinion
Paragraph 7

7. Welcomes the proposals for adapting the regulations of the European Social Fund, the European Globalisation Adjustment Fund and the European Regional Development Fund~~, which should continue~~ including the simplification of the procedures and the widening of eligible costs to serve employment and social inclusion goals even more efficiently, continuing to support employment in key sectors of the economy; hopes for the speedier release of funding targeted at employment support, and for European support programmes to be geared to helping the most vulnerable groups in society including programmes to guarantee decent living conditions and access to high-quality public services for all;

2009/01/22
Committee: EMPL

2008/2334(INI)

Draft opinion
Paragraph 8

8. Calls on the Member States to ensure that measures taken in the short term to alleviate the effects of the crisis are accompanied by additional efforts towards the implementation of structural reforms in the context of the Lisbon strategy, in particular those aimed at supporting SMEs, promoting jobs, innovation, research, education and training, concentrating on the better harmonization of training and labour reintegration programmes in accordance with the changing needs of the current economy;

2009/01/22
Committee: EMPL

2008/2334(INI)

Draft opinion
Paragraph 9

9. Stresses the importance of implementing common principles of flexicurity while guaranteeing adequate social protection for all, in particular a social security system that provides basic security for all;

2009/01/22
Committee: EMPL

2008/2234(INI)

Motion for a resolution
Recital A a (new)

Aa. whereas identity as an EU citizen can be based only on national identity, the Commission's attention should be drawn to the fact that people living in deep poverty, and people with a low level of schooling - among them Roma - do not have access to the amount of information that could motivate their European awareness; whereas their growing exclusion from European societies devalues both their citizenship and EU citizenship,

2009/02/18
Committee: LIBE

2008/2234(INI)

Motion for a resolution
Paragraph 1 a (new)

1a. Notes that the right of EU citizens to move and reside freely within the territory of the Member States cannot be viewed in isolation from other rights and basic principles of the European Union, such as the freedom of movement of workers and the freedom to provide services; and therefore calls on the Member States to lift their existing barriers set up pursuant to the Accession Treaties in order to enable every citizen to exercise all their rights;

2009/02/18
Committee: LIBE

2008/2234(INI)

Motion for a resolution
Paragraph 13

13. Calls on Member States and local authorities to take further measures to facilitate the movement of EU citizens between Member States, especially with regard to practical issues such as issuing residence papers and work permits and the transfer of vehicle registrations, recognition of personal and vehicle insurance policies issued in another Member State, the transfer of medical records, clear rules on the reimbursement of medical expenses, among many other issues, which very often do not function properly despite efforts to harmonise them at EU level; and calls on the Commission to collect all relevant information and make it available to EU citizens;

2009/02/18
Committee: LIBE

2008/2137(INI)

Motion for a resolution
Recital B

B. whereas in these countries income disparities, which had been kept small during the period of State socialism, have grown at an explosive rate; whereas in the new Member States industrial sectors have collapsed, regions have seen their prospects of development decline and as a result the Roma in particular have been forced to the margins of society through the rapid escalation of poverty; noting and reiterating that in this process their citizenship and citizenship of the Union have become devalued and that since enlargement the danger of social exclusion in the Union community has grown in several dimensions, increasing the risk of multiple discrimination against them,

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Recital C a (new)

Ca. whereas travellers constitute a separate ethnic phenomenon, which could justifiably be discussed as a separate issue from the point of view both of human rights and of social/labour market issues,

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Recital D

D. whereas the conditions in which Roma communities live, their health status and their level of schooling determine their social and labour-market situation and serve as pretexts for their persistent unemployment and for racism, and whereas all this hampers improvements to the quality of life, thus preventing the exercise of the most fundamental human and civil rights,

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Recital E a (new)

Ea. whereas the final stage of exclusion is when Roma communities create settlements beyond the reach of public administration and of society and therefore receive no governmental or social benefits or services; notes the experience of several Member States that Roma people often come from the Central-European region without any identification documents,

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Recital G

G. whereas real participation in society and politics is essential for the integration of the Roma, yet, for numerous reasons, the special representation for the Roma's interests is not effective, while the success of Roma civil-society organisations in defending Roma interests depends on the politics of the given moment and while the legitimacy of the representation has often been called into question,

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Recital H a (new)

Ha. acknowledging the importance of the Structural Funds in promoting integration and noting that, because of the complexity of social problems, it is not conceivable that they can be solved purely by means of the project system characteristic of the Funds,

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 1

1. Considers that the policies of the Union institutions and the Member States geared to improving access to employment can only be based on the recognition that the economic reform in Eastern and Central Europe has made millions of former workers unemployed or kept them inactive, while those who, on account of their low level of schooling, the geographical disadvantages of the places where they live, their poorer than average state of health and growing prejudices, have not been able to hope for long-term reintegration into the labour market have joined the ranks of the long-term unemployed;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 4

4. Stresses that, although the proportion of Roma young people in secondary and higher education has increased, their level of qualifications still remains far below the European average; observes that, as a result of this, the Member States' economies often draw labour from third countries to make good labour shortages; draws attention to the fact that, in the absence of formal qualifications, the position of Roma on the labour market can also be improved by devising a system for acknowledging practical skills;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 7

7. Considers that the Member States have used substantial European Union and Member-State resources to help the long- term unemployed find work, but these have typically set in stone the existing situation and have not provided an opportunity to return to the labour market long-term, while they have further aggravated the stigmatisation of the Roma (public employment programmes); stresses that the number of long-term unemployed people and their marginalisation have grown since enlargement;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 8

8. Endorses the view taken by the Commission that the greatest problem in bringing about reintegration into the labour market is that, because of the multiple disadvantages which they suffer in all areas of life, Roma adults are under- represented in the working population and in lifelong learning, ~~but~~and often do not have access to the products of modern communications technology (the internet), but are over-represented among the long-term unemployed and those working on low-prestige occupations;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 10

10. Recommends that Member States adopt as instruments concessionary credit or State interest subsidies and that, in the planning of farm subsidies, they make it an important objective to enable Roma communities to attain conditions in which they can earn a living from farming, so that, in addition to or instead of wage labouring, they should be more open to the idea of seeking possible organisational forms for agricultural work (social cooperatives) and the provision of the resources required therefor;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 12

12. Considers that the revision of the rules governing the Structural Funds affords more scope for complex programmes by allowing more than 10% to be transferred between the Funds, but notes that, in the Member States concerned, this oupp~~ortun~~er limity is onrarely exploited ~~to an insignificant extent~~;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 14

14. Endorses the importance of micro- credits, which are recommended from various points of view in the Commission document and the opinion of the European Social and Economic Committee and which, by providing a minimal resource, can set the poorest of the poor on the road to personal responsibility, business skills and development of their creative powers, including by providing credit to cover the individual's own share of the cost of self- employment;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 15 a (new)

15a. Stresses that the social market, health, home care, public catering and the provision of services in support of child care etc. may create new jobs for Roma people who are unemployed (particularly women); reaffirms however that the social market requires a permanent link between the provider and the user of the service and that, therefore, an increase in employment of Roma in this field is only to be hoped for in an atmosphere of social acceptance, but also promotes it;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 17

17. Considers that employment of Roman women should also be promoted by means of employment-friendly operation of social support systems; calls on Member States to make it possible for children from large Roma families who have not yet reached school age to have access to children's day care institutions even if their mother is at home with her other children; considers it desirable that labour market programmes should use this time to teach them knowledge to prepare them in the long term for work from which they can earn a living;Does not affect English version. (Proposes a change to the Hungarian version which, at the rapporteur's request, has already been made to the English version.)

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 21

21. Points out that young Roma women's tendency to leave school early not only damages their own opportunities on the labour market but affects the health status and schooling of their children, and therefore stresses the importance of family planning and other services which increase awareness in the provision of information to Roma women;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 29

29. Considers that the European Union has a duty to coordinate instruments of social inclusion better and more closely and that this should help to combat poverty, promote Roma access to better, lasting and worthy employment, pave the way for efforts to render social inclusion and protection systems more effective, ~~and~~ be a means of analysing political experience and mutual learning and create a system for coherent analysis of best practices;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 29

29. CObserves that, whereas the improvement of the social and economic situation of the Roma was a significant consideration in the enlargement process, progress has generally been limited; calls on the Member States and the Commission to review previous and existing programmes and initiatives and evaluate their results; considers that the European Union has a duty to coordinate instruments of social inclusion better and more closely and that this should help to combat poverty, promote Roma access to better, lasting and worthy employment, pave the way for efforts to render social inclusion and protection systems more effective, and be a means of analysing political experience and mutual learning;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 30

30. Calls on the Commission, by means of a coherent political strategy, with high- level coordination, to assess specifically the impact of the objectives and instruments of each of its sectoral policies on the Roma; calls on the Commission to ask Member States, in reports on integrated indicators and on the open method of coordination for social inclusion, to devote attention to changing the situation of Roma; calls on the Commission to regularly assess changes in the education, employment, social, health and housing situation;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 30

30. Calls on the Commission to assess specifically the impact of the objectives and instruments of each of its sectoral policies on the Roma, along with developing a coherent political strategy and achieving a high level of coordination; calls on the Commission to ask Member States, in reports on integrated indicators and on the open method of coordination for social inclusion, to devote attention to changing the situation of Roma; calls on the Commission to regularly assess changes in the education, employment, social, health and housing situation;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 32

32. Considers that in some Member States the target groups (in settlements or parts of settlements) can be approached effectively using the 'multiple disadvantages' definition, ~~as groups so defined will include many Roma~~but that it is difficult to reach smaller units such as the family and the individual through this category;

2008/11/27
Committee: EMPL

2008/2137(INI)

Motion for a resolution
Paragraph 35

35. Recommends that the Commission adopt more consistent and uniform expectations of all development programmes financed from EU resources from which it is possible to demand an account of the prevention or reversal of social exclusion of the Roma minority; considers that Member-State and EU bodies should examine all development which is financed from the Structural and Cohesion Funds from the point of view of the impact which the programme has on the social integration of Roma people; recommends further that in the case of every programme at the selection stage priority should be assigned to those developments which are also designed to improve the situation of Roma living in particularly disadvantaged settlements and who are poor and unemployed;

2008/11/27
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Citation 16 a (new)

- having regard to the European Commission's 'Renewed Social Agenda' (COM(2008)0412),

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Citation 16 b (new)

Recital A a (new) Motion for a resolution Amendent Aa. whereas worker mobility in the EU remains relatively low,

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Recital C a (new)

Recital D Motion for a resolution Amendent D. whereas the free movement of workers D. whereas the free movement of workers has been and remains one of the four has been and remains one of the four fundamental freedoms enshrined in the fundamental freedoms enshrined in the Treaty; whereas as regards ensuring the Treaty; whereas Community legislation in free movement of workers significant the field of social security is an important progress has been made in the field of instrument to enhance and facilitate Community legislation, but especially worker mobility in the EU; whereas any concerning social services, and this has still existing administrative and legal facilitated the movement of family barriers hindering transnational mobility members within the Union; whereas, must be removed, despite the progress made in terms of social services, crossborder mobility has been affected by the appearance of a number of significant obstacles, especially administrative,

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Recital J a (new)

Ja. whereas the sense of European citizenship of the citizens of the Member States draws its strength partly from the possibility of employment within the internal market and whereas therefore not only economic interests should be the driving force behind mobility but also the objective of enabling European citizens to identify themselves more as Europeans,

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 2

2. Considers that the EU needs to mainstream the concept of labour mobility in all Community policies, especially those concerning c~~ompleting the~~reating a uniform internal market, ~~tax~~flexibility of employment regulation1s, ~~justice and home affairs and company law~~protection of workers and rules concerning posted and borrowed workers and the various atypical workers, which may affect European mobility; calls on the Commission to treat labour mobility as a transversal policy, involving all relevant EU policy areas and all levels of authority; ~~1 Translator's note: this word was accidentally omitted from the English version of the draft report.~~

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 2 a (new)

2a. Calls upon the Commission, in order to further promote labour mobility, to draw up a long-term mobility strategy which takes into account the requirements of the labour market, economic trends and the prospects for enlargement of the EU, as only a long-term strategy can both guarantee free movement of workers without conflict and consider the brain- drain phenomenon;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 4

4. ~~Considers that grea~~Draws it to the attention of the Commission that the long-term labour mobility strategy can play a key role in promoting the growth and employment objectives of the Lisbon strategy and can significantly enhance efforts to do so in the context of the challenges of the global economy; considers labour mobility to be a necessary consequence and concomitant of the rapid transformation of labour markets and of demographic changes; believes that an expanded and Europe-wide mobile workforce can constitute a response to such current developments as economic globalisation, an ageing population and rapid workplace change;;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 5

5. Is convinced that guaranteed labour mobility is a means of consolidating the Lisbon strategy's economic and social dimensions, achieving the objectives of the social agenda, and tackling a range of challenges including globalisation, relocation (which is inseparable from globalisation), industrial change, technological progress, population trends, the integration of labour from third countries, migrations and alterations in the social and employment model;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 6

6. Reiterates that labour mobility is a key instrument for the efficient working of the internal market, via the objectives of the Lisbon strategy and the principles adopted on 'flexicurity'; considers that the legal and economic circumstances in which it operates must be reconciled with the objectives of European social policy, bearing in mind the fundamental principles of opportunities, access and solidarity referred to in the Renewed Social Agenda;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 8

8. Notes with concern th~~e failure of~~at some Member States ~~to observe the legisla~~are maintaining labour market restrictions on ~~the free movement of labour~~workers from the new Member States, desp~~ecially as regards workers from the new Member States; calls for~~ite the fact that economic analyses and statistical data do not justify these restrictions and do not support the fears of their citizens and governments; calls on the Council to ensure greater involvement of the Union institutions, especially the EP, in the process of authorisation by Member States of the transition periods for access to their labour markets for the citizens of the new Member States, including from the first year of membership;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 9

9. ~~Notes with concern certain~~Calls upon the Commission to investigate moves by Member States to alter their internal legal ~~framework~~rules regarding immigration and the free movement of labour in a manner that is contrary to the letter and spirit of the EU rules in force; calls for an immediate end to such practices, and asks the Member States to introduce ~~comprehensive~~ schemes for the integration of European citizens exercising their right of free movement on their territory;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 10 a (new)

10a. Acknowledges that, while mobility can provide a solution to shortages of labour in the receiving countries, it may cause labour shortages in the countries from which workers come; draws the attention of the Commission and Member States to the fact that, in every country, the inactive population includes a significant percentage of labour potential, whose mobilisation requires European and Member-State resources in equal measure;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 11

11. ~~Considers~~Draws it to the attention of the Commission that there remain within the EU a large number of administrative or legislative barriers to labour mobility and to the mutual recognition of qualifications; reaffirms its commitment to a solution to these problems, and calls on the Commission to undertake close monitoring of ~~Member States failing to implement EU legislation in this area~~restrictions incompatible with EU law, and to take action against them;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 13

13. Calls on the Commission to reduce the legislative and administrative obstacles, and stresses the need for further progress on the recognition and cumulation of social security entitlements and the portability of pensions;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 15

15. Advocates reopening the discussion on social security arrangements, with particular reference to the new European conditions for access to health care services, and the fact that workforce mobility can, in some cases, lead to the loss of social benefits; supports the Commission, accordingly, as regards drawing up new legislative instruments which will be better adapted to labour market needs, and asks to be informed of the results achieved following consultation of all parties;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 17

17. Supports the actions of the TRESS network, and believes that it should undertake an ongoing investigation of the different types of mobility, with a view to adapting them to the Community legislation; calls on the Commission to include as many ~~employ~~social partners as possible in this network, recalling that it is often employers who support workers over legal issues relating to social insurance or obtaining documents needed in order to work; stresses that the EURES databases need to be easy to access and must be updated regularly and that the widest possible access to the information must be ensured;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 18

18. Expresses its ongoing support for the contribution of the EURES network to facilitating workforce mobility in the EU; recommends that EURES' services should include information on specific Internet networks and portals for particular sectors, and that it should also cooperate with other information providers with regard to job opportunities in the Union, with particular reference to national labour authorities, which can directly provide individually tailored advice to job-seekers;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 19

19. Supports the objectives announced in the third section of the Action Plan for Work Mobility, in line with the enhancement of EURES' institutional capabilities; stresses the diverse make-up of the workforce and the need for services adapted to all categories of worker, i~~ncluding older people, the self-employed, seasonal workers, workers with disabilities, etc~~.e., in addition to those listed in the Commission programme, those older and disabled people who are disadvantaged but exploitable from the point of view of the labour market and, among those who possess a special legal status in comparison with other workers, the self- employed;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 19 a (new)

19a. Calls upon Member States, through their employment authorities, in order to increase mobility, to provide a one-stop shop for all workers, including those intending to work abroad, so that they can obtain information from a single source concerning the possibilities of working abroad, administrative factors, social rights and legal conditions;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 22

22. Believes that as things stand there is an information deficit regarding the potential professional benefits of spending time working abroad and regarding the employment and social-security conditions for working abroad, and supports the Commission in its actions to inform the public on the matter;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 26

26. ~~Regrets the continued existence of obstacles to workforce mobility~~Calls upon the Commission to seek instruments by means of which to eliminate the complex obstacles which can prevent workers from opting to work abroad, such as difficulty in finding work for one's partner or spouse, high relocation costs, or the risk of losing tax advantages or no longer being able to contribute to national pension, health insurance or unemployment insurance schemes or language barriers; stresses the importance of lifelong learning, with particular reference to the importance of language learning, which is essential in order to meet the changing demands of the labour market,

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 28 a (new)

28a. Acknowledges the contributions made by the Comenius, Erasmus and Leonardo programmes to enabling young people to study abroad, and stresses their importance from the point of view of later professional mobility; calls upon the Commission to examine the scope for expanding access to the programmes, bearing in mind the special needs of disadvantaged groups;

2008/09/18
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital C

C. Whereas, according to the preamble of the PWD, the promotion of the transnational provision of services requires ~~a climate of~~conditions of free and fair competition and measures guaranteeing respect for the rights of workers,

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital D

D. Whereas the objective of the PWD – to provide for ~~a climate of~~conditions of free and fair competition and measures guaranteeing respect for the rights of workers – is more important than ever; in an economic era in which transnational provision of services is expanding, the PWD is expected to play a key-role in protecting the workers concerned, while respecting the framework of labour law and industrial relations of Member States,

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital L

L. Whereas the ECJ in both the Laval and Rüffert cases ~~made a completely different interpretation of European legislation than the advocate general~~indicated that the posting of workers directive has not been properly implemented in respectively Sweden and Germany, therefore unequal treatment of workers was possible,

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital M

~~M. Whereas the ECJ in both the Laval and Rüffert cases has made a narrow interpretation of the possibilities for trade unions to demand better conditions for posted workers,~~deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital N

N. Whereas the ECJ in the Rüffert case has significantly diminished the scope for Member States to regulate their collective bargaining and also narrows down the purpose of the PWD, neglecting the PWD’s two fold aim – protection of workers and free movement,deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital O

O. Whereas the ECJ in the Viking case introduces a horizontal direct effect of Articles 43 and 49 which can be used by employers and service providers to challenge collective agreements and industrial actions with a cross-border effect; the autonomy for collective bargaining from competition rules is thereby not extended to the field of free movement with a risk that industrial relations in the Member States will be put under legal scrutiny; consequently, this new uncertainty in industrial relations could result in a “flood” of cases to the ECJ,deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital O

O. Whereas the ECJ in the Viking case introduces a horizontal direct effect of Articles 43 and 49 which can be used by employers and service providers to challenge collective agreements and industrial actions with a cross-border effect; the autonomy for collective bargaining from competition rules is thereby not extended to the field of free movement with a risk that industrial relations in the Member States will be put under legal scrutiny; consequently, this new uncertainty in industrial relations could result in a “flood” of cases to the ECJhas also indicated that the posting of workers directive should be properly implemented,

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 2

2. Is of the opinion that any EU citizen should have the right to work anywhere in the European Union; therefore regrets that this right is not applied uniformly across the EU; is of the view that transitional arrangements remaining in place should be subjected to rigorous review by the European Commission, to assess whether they are truly necessary to prevent distortions in national labour markets and, that where that is not found to be the case, they should be removed as quickly as possible;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 3

3. Emphasises that the freedom to provide services ~~is not superior to~~should be considered on an equal basis with the fundamental right for trade unions to take industrial action; especially, since th~~is is a~~e right to take industrial action and the right to establishment are constitutional rights in several Member States and both are basic principles of the EU;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 7

7. Emphasises that equal treatment, equal pay for equal work as well as Art~~icles~~. 39 and 12 of the EC Treaty form the foundation of EC law ~~which needs to be restored~~;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 8

8. Underlines the importance of ~~not allowing the verdicts to negatively effect~~continuing to promote labour market models that already today are able to combine a high degree of flexibility on the labour market with a high level of security ~~and, instead, of further promoting this approach~~;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 10

10. ~~Regrets that all conditions imposed~~Believes that the principle onf fore~~ign employers above minimum levels are seen as obstacles to free movement, if employees do not already receive more favourable conditions in the country of origin~~edom to provide services across internal EU borders is best served by ensuring that, so far as possible, domestic and non- domestic service providers face similar economic and labour markets conditions;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 11

11. ~~Questions the introduction of a proportionality principle in the Viking case for the right to use collective action against undertakings which, when using~~Stresses that the right of establishment or the right to provide services across borders~~, deliberately~~ is not to undercut terms and conditions of employment~~; such a proportionality principle is not compatible with the character of this right as a fundamental right;~~ and therefore there should be no question about the right of trade unions to use industrial action to uphold equal treatment and secure decent working conditions;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 12

12. Emphasises that ~~the PWD as interp~~European law has to respect the principle of non discrimination, in particular ensuring that obstacles are not created byto th~~e ECJ would prevent demands for~~ose collective agreements, which are in accordance with the PWD, establishing equal pay for work for all workers, regardless of their nationality or that of their employer, in the place where the service is provided~~; this runs counter to the principle of non-discrimination which is established in the Treaty especially with regard to the mobility of workers~~, or to industrial action in support of such an agreement;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 13

13. ~~Regrets the fact that even though~~Stresses that the PWD was formulated as a minimum standard directive, the ECJ determines that those minimum standards must be regarded as the maximum in the context of the Laval judgement; this approach causes great concerns as to whether any directives decided on the basis of a minimum approach are regarded as valid; if all directives in the social dimension were to be reformulated as maximum directives, as in the case of the PWD, the consequences would be enormou on the basis of which social partners can negotiate better conditions;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 15

15. Is of the opinion that the limited legal basis of free movement of the PWD has led the ECJ to interpret the PWD in this way, creating an explicit invitation to unfair competition on wages and working conditions driving them downwards, which is in clear contradiction to the stated aim of the PWD (to ensure a climate of fair competition) and the objecn order to strengthen free and fair competition, calls the Commission to examine from time to tivme oif the ~~EU as established in the Treaty (improvement of living and working conditions); therefore, the legal basis of the PWD must be broadened to include a reference to the free movement of workers~~re is abuse of the rights of the posted workers during the application the PWD;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 16

16. Emphasises that ~~the current situation could lead to a situation where workers in host countries will be pressured by~~Member States should use all legal instruments provided by the PWD to protect workers and in order to avoid low wage competition~~; this~~ which, in turn, could ~~lead to xenophobia and~~cause counterproductive anger against the EU;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 17

17. Regrets that the ECJ fails to consider ILO convention 94, and fears that the ECJ judgement in Rüffert may impede the ratification of ILO 94; this would be counter to the further development of social clauses in public procurement regulations, which is an aim of the Public procurement directive 200Calls the Member States to ratify the ILO convention 94;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 18

18. ~~Regret~~Notes that ~~the ECJ fails to recognise~~according to ILO conventions 87 and 98; restrictions on the right to industrial action and fundamental rights can only be motivated with respect to health, public order and similar concerns;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 19

19. Calls on all ~~the~~ Member States to properly implement the PWD ~~properly~~in order to ensure transparency of bargaining systems and employment;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 20

20. Underlines that the ECJ has interpreted EU legislation in a way that was not the intention of the legislators; calls on the Commission, the Council and the EP to take immediate action to ensure the necessary changes in EU legislation to change the new praCalls on the Commission to start infringement procedures against those Member States, which have failed to implement the directisve ~~of the ECJ~~properly;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 21

21. ~~Therefore calls on the Commission to take immediate acti~~Stresses that the European Commission and the Member States should encourage strong social dialogue in the EU with strong t~~o make necessary changes in European legislation in order to counter the possible detrimental social, economical and political effects of the ECJ judgements~~rade union and employer representation and make sure that no European or national policy or legislation weakens social dialogue in the EU; recalls that this is the cornerstone of successful labour market, social and flexicurity policy across the EU;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 22

22. Therefore welcomes the Commission's statement from the 3 April 2008 which clearly states that they will continue to fight ~~social dumping and that the freedom to provide services is not superior to the fundamental rights of trade unions~~low wage competition and encourage better cooperation between Member States' authorities as well;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 23

23. ~~Therefore c~~Calls oin the Commission to review the PWD and consider the following issues: - a new legal basis for the PWD to better protect workers; workers posted within the framework of services should be regarded as using the right of freedom of movement of workers and not the free movis respect on the Commission, to assess the impact of the judgements of services; - a possibility in the Directive for Member States to refer in law or collective agreements to the 'habitual wages' applicable in the place of work in the host country as defined in the ILO 94 and not only ‘minimum’ rates of pay; - a limit to the period of time during which workers can be considered as being 'posted' to a Member State other than the Member State of their ordinary place of work in the framework of services; after that period the rules on free movement of workers should apply, i.e. host country rules with regard to wages and working conditions have full application; - an even clearer expression that the Directive and other EU legislation do not prohibit Member States and trade unions from demanding more favourable conditions for the worker; and - the recognition of a wider range of methods of organizing labour markets than those currently covered by Article 3(8)the ECJ in the cases C- 438/05 (Viking), C-341/05 (Laval), C- 346/06 (Rüffert) on the workers and in face of the legal consequences, calls on the Commission to consider the use of its right of initiative to review of the PWD if it is necessary in order to prevent low wage competition;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 25

25. Would welcome a move to summarize the social clauses that exist in the Monti directive and in the Service directive in a social clause, either through a protocol attached to the Treaty or in an inter- institutional agreement;deleted

2008/06/10
Committee: EMPL

2008/2035(INI)

Motion for a resolution
Recital C

C. whereas undeclared work ~~is the main factor behind social dumping~~attracts not only employees but also great numbers of employers, who are interested in minimizing their costs even through avoiding regulations and is therefore one of the key issues as far as modernising European labour law is concerned,;

2008/06/10
Committee: EMPL

2008/2035(INI)

Motion for a resolution
Recital I

I. whereas to combat clandestine employment effectively, it is vital to review labour related laws and regulations while simultaneously strengthening supervisory and sanction mechanisms with the assistance of labour inspectorate services, tax administrations and the social partners,;

2008/06/10
Committee: EMPL

2008/2035(INI)

Motion for a resolution
Paragraph 11

11. Calls for the reform of social protection systems to be part of an integrated approach geared not only to coordinate social protection policies with tax and economic policies but also to provide in this context strong incentives - financial and regulatory - for legal employment creation;

2008/06/10
Committee: EMPL

2008/2035(INI)

Motion for a resolution
Paragraph 13

13. Takes the view that the Commission should provide support, also by means of a directive, for transnational collective bargaining ~~aiming~~which could lead to ensureing decent, uniform minimum salaries throughout the European Union;

2008/06/10
Committee: EMPL

2008/2035(INI)

Motion for a resolution
Paragraph 15

15. Strongly believes that bringing undeclared employment relationships into line with the law must always include an obligation to pay contributions, which, should there be a desire to facilitate administrative matters for employers, could be charged to the Inland Revenue in advance, but which in any case must always be paid;

2008/06/10
Committee: EMPL

2008/2035(INI)