21 Amendments of Roberto MUSACCHIO related to 2007/0288(CNS)
Amendment 67 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 63(3)(a) and (4) thereof, and mindful also of Title III, Chapter 1,
Amendment 69 #
Proposal for a directive
Recital 6
Recital 6
(6) To achieve the objectives of the Lisbon Process it is also important to foster the mobility within the Union of highly qualified workers who are EU citizens, and in particular from the Member States which acceded in 2004 and 2007. In implementing this Directive, Member States are bound to respect the principle of Community preference as expressed in particular in the relevant provisions of the Acts of Accession of 16 April 2003 and 25 April 2005.
Amendment 70 #
Proposal for a directive
Recital 7
Recital 7
(7) This Directive is intended to contribute to achieving these goals and addressing these labour shortages by fostering the admission and mobility – for the purposes of highly qualified employment – of third- country nationals for stays of more than three months, in order to make the Community more attractive to such workers from around the world and sustain its competitiveness and economic growth. To reach these goals, it is necessary to facilitate the admission of highly qualified workers and their families by establishing a fast-track admission procedure and by granting them equal social and economic rights with nationals of the host Member State in a number of areas. As concerns these rights, this Directive builds on the corresponding provision of Directive … [“on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third country workers legally residing in aequal to those of nationals of the host Member State”].
Amendment 75 #
Proposal for a directive
Recital 15
Recital 15
(15) The occupational and geographical mobility of third-country highly qualified workers should be recognised as a primary mechanism for improving labour market efficiency, preventing skill shortages and offsetting regional imbalances. In order to respect the principle of Community preference and to avoid possible abuses of the system, the occupational mobility of a third-country highly qualified worker should be limited for the first two years of legal residence in a Member State.
Amendment 90 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 102 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. This Directive shall not affect the right of Member States to adopt or retain more favourable provisions concerning conditions of entry and residence for persons to whom it applies, except for entry into the first Member State.
Amendment 110 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In addition to the conditions stipulated in paragraph 1, the gross monthly salary specified in the work contract or binding job offer must not be inferior to a national salary threshold defined and published for the purpose by the Member States which shall be at least three times the minimum gross monthly wage as set by national law. Member States where minimum wages are not defined shall set the national salary threshold to be at least three times the minimum income under which citizens of the Member State concerned are entitled to social assistance in that Member State, or to be in line with applicable collective agreements or practices in the relevant occupation brancheseither: - be defined by the social partners at the relevant level; or, - be at least 1.5 times the average gross monthly wage. In any event, the gross monthly salary specified in the work contract or binding job offer shall not be inferior to the wages which apply or would apply to a comparable worker in the host country.
Amendment 119 #
Proposal for a directive
Article 7
Article 7
Amendment 122 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The initial validity of an EU Blue Card shall be of two years and shall be renewed for at least the same duration. If the work contract covers a period less than two years, the EU Blue Card shall be issued for the duration of the work contract plus threesix months.
Amendment 124 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 130 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States may withdraw or refuse to renew an EU Blue Card for reasons of public policy, public security or public health. Measures taken for reasons of public policy or public security shall be in accordance with the proportionality principle and relate solely to the personal conduct of the person to whom they are to be applied. The behaviour of that person must constitute, at the moment in question, a genuine threat of such seriousness as to adversely affect a fundamental interest of society. Grounds irrelevant to the individual case or related to general prevention shall not be taken into consideration.
Amendment 137 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. If a third-country national already legally resident or staying on the territory of a Member State applies for an EU Blue Card, he/she shall be entitled to remain on the territory of the Member State where the application was submitted until such time as the examination procedure has been concluded, including the time allowed for a possible appeal in the event of rejection.
Amendment 139 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. For the first two years of legal residence in the Member State concerned as holder of an EU Blue Card, access to the labour market for the person concerned shall be restricted to theas holder of an EU Blue Card, the person concerned may enter the labour market in order to exercise of paid employment activities which meet the conditions for admission set out in Articles 5 and 6. Modifications of the terms of the work contract that affect the conditions for admission or changes in the work relationship shall be subject to the prior authorisationnotified in advance, in writing of, to the competent authorities of the Member State of residence, according to national procedures and within the time limits set out in Article 12(1).
Amendment 141 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. After the first two years of legal residence in the Member State concerned as holder of an EU Blue Card, the person concerned shall enjoy equal treatment withequal to that accorded to nationals as regards access to highly qualified employment. The holder of the EU Blue Card shall notify changes in his/her work relationship to the competent authorities of the Member State of residence, according to national procedures.
Amendment 144 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 146 #
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 147 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Unemployment in itself shall not constitute a reason for revoking an EU Blue Card, unless the period of unemployment exceeds threesix consecutive months.
Amendment 149 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The EU Blue card holder shall have the right to remain on the territory for as long as he is engaged in training activities aimed at further increasing his/her professional skills or re-qualification of his/her professional profile.
Amendment 158 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 161 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 166 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, residence permits for family members shall be granted at the latess soon as possible, wherever possible in conjunction with the decision to issue the EU Blue Card, and in any event within six months from the date on which the application was lodged.