Activities of Edit BAUER related to 2013/0124(COD)
Plenary speeches (3)
Freedom of movement for workers (A7-0386/2013 - Edit Bauer) (vote)
Freedom of movement for workers (debate)
Freedom of movement for workers (debate)
Reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers PDF (358 KB) DOC (515 KB)
Amendments (19)
Amendment 32 #
Proposal for a directive
Recital 3
Recital 3
(3) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose. It protects them against discrimination on the grounds of nationality as regards employment, remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that Member State. It needs to be distinguished from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own workers to another Member State temporarily to carry out the work necessary to provide these services there. At the same time, the discrimination should not be understood in terms of economic meaning. The free movement of workers should be understood in the acceptance of the Single Market desiderate, and it should work for the benefit of both employers and employees, as it represents the best measure to tackle labour demand mismatches.
Amendment 41 #
Proposal for a directive
Recital 5
Recital 5
(5) However, the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement. They still suffer from discrimination on the grounds of nationality and, with regard to frontier workers, from discrimination based on residence, when moving across European Union borders of the Member States. There is, therefore, a gap between the legislation and its application in practice that needs to be addressed.
Amendment 43 #
Proposal for a directive
Recital 6
Recital 6
(6) In July 2010, in its Communication on ' Reaffirming the free movement of workers: rights and major developments‘ the Commission pointed out that it will explore ways of tackling the new needs and challenges (in particular in the light of new patterns of mobility) facing EU migrant workers and their family members, and in the context of the new strategy for the single market will consider how to promote and enhance mechanisms for the effective implementation of the principle of equal treatment for EU workers and members of their families exercising their right to free movement.
Amendment 44 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) On 15 December 2011, The European Parliament adopted its Resolution on freedom of movement for workers within the European Union, where it clearly requested for measures that would ensure the application of this right to Union's citizens for the benefit of the European Union at large as well as for speeding up the completion of the Single Market and the creation of Union's labour market.
Amendment 48 #
Proposal for a directive
Recital 9
Recital 9
(9) Adequate and, effective application of the current European legislation and enforcement measures are key elements in protecting the rights of workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. To this end, the Union should act in a well-balanced manner, avoiding the potential legislative loopholes. The legislation should respond to the rights and responsibilities of both employer and employee.
Amendment 61 #
Proposal for a directive
Recital 14
Recital 14
(14) In this context, EU workers who have been subject to discrimination on the grounds of nationality, or to any unjustified restriction in exercising their right to free movement, should havemust be granted with adequate and effective means of legal protection and redress. When Member States only provide for administrative procedures they shall ensure that any administrative decision may be challenged before a tribunal in the sense of Article 47 of the Charter.
Amendment 68 #
Proposal for a directive
Recital 17
Recital 17
(17) Protection against discrimination based on the grounds of nationality would itself be strengthened by the existence of independent and effective organisations in each Member State with competence to promote equal treatment, to analyse the problems involved in citizen's cases, to study possible solutions and to provide specific assistance to EUnion workers exercising their right to free movement.
Amendment 69 #
Proposal for a directive
Recital 18
Recital 18
(18) It is up to each Member State to decide whetherMember States are encouraged to attribute the tasks referred to in Article 5 of this Directive are attributed to an already existing bodyequality body designated in accordance with Article 13 of Directive 2000/43/EC or covering a wider range of discrimination grounds. In the case the tasks under Article 5 will be covered by expanding the mandate of an already existing body or structure, the Member State should ensure allocation of sufficient additional resources to the existing body for the performance of additional tasks in order to ensure the effective and adequate provision of all functions of the body and in particular that the performance of already existing tasks of these bodies will not suffer.
Amendment 77 #
Proposal for a directive
Recital 20
Recital 20
(20) Member States should promote dialogue with social partners and non- governmental organisations and between social partners to address and combat different forms of discrimination on the grounds of nationality.
Amendment 85 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Member States should provide, on a request basis, information on EU rights on free movement to its own citizens who wish to enjoy the right to freely move to another Member State. In facilitating the smooth flow and exchange of information Member States are encouraged to make use of the European network of national contact points.
Amendment 88 #
Proposal for a directive
Recital 22
Recital 22
(22) Member States should establish how employers, workers and other people can be provided with easily accessible, relevant information on the provisions of this Directive and the relevant provisions of Regulation (EU) No 492/2011Regulation (EU) No 492/2011, including information on the institutions to which the tasks referred to in Article 5 are attributed. This information should also be easily accessible through Your Europe and EURES.
Amendment 94 #
Proposal for a directive
Recital 23
Recital 23
(23) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Member States also have the possibility to extend the competencies of the organisations entrusted with tasks related to the protection of Union migrant workerEU workers working in another Member States against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The implementation of the present Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.
Amendment 96 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) Member States should also adopt laws, regulations and administrative provisions necessary to remove any kind of discrimination and/or obstacle to equal treatment and free movement, as set under Article 2.
Amendment 126 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate, conciliation procedures, for the enforcement of the obligations under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011, are available to all workers, including frontier workers and members of their families who consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.
Amendment 143 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law and practices, a legitimate interest in ensuring that the provisions of this Directive are complied with, mayhave the right to engage, either on behalf of or in support of the worker and members of his/her family, with his/her approval, in any judicial and/or administrative procedure provided for the enforcement of rights under Article 45 of the TreatyTFEU and Articles 1 to 10 of Regulation (EU) No 492/2011.
Amendment 149 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall designate a structure, a body or bodies for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies. These bodies may form part of agencexisting agencies or bodies at a national level with similar objectives but covering a wider range of discrimination grounds. In that case, the Member State shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure the effective and adequate provision of all functions of the body and in particular that the performance of already existing tasks of these bodies will not suffer.
Amendment 162 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that existing or newly createdthese bodies are aware, make use of and co- operate with the existing information and assistance services at national level via contact points and at Union level, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and, the Points of Single Contact and the European network of national contact points. Member States shall also ensure cooperation with existing information and assistance services provided by social partners and NGOs.
Amendment 169 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall encourage dialogue with the social partners and appropriate non-governmental organisations and the social partners which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment.
Amendment 184 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Member States shall provide clear, easily accessible, comprehensive and up- to-date information on the rights on free movement of EU workers, on a request basis, to its own citizens who wish to enjoy the right to freely move to another Member State.