21 Amendments of Giusto CATANIA related to 2007/0229(CNS)
Amendment 15 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 63(3)(a) thereof, and mindful also of Title III, Chapter 1,
Amendment 16 #
Proposal for a directive
Recital 3
Recital 3
(3) In an increasingly global labour market, the EU should enhance its appeal to attract third-country workers. This should be facilitated by administrative simplification and by facilitating access to relevant information. PTo the extent that applications to reside and work in the territory of a Member State are concomitant, provisions for a single application procedure leading to one combined title encompassing both residence and work permit within one administrative act should contribute to simplifying and harmonizing the diverging rules currently applicable in Member States. Such procedural simplification has already been introduced by the majority of Member States and has made for a more efficient procedure both for the migrants and for their employers, and allowed easier controls of the lawfulness of their residence and employment.
Amendment 17 #
Proposal for a directive
Recital 6
Recital 6
(6) The conditions and criteria on the basis of which an application for a single permit can be rejected is laid down in national law including the obligation 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 2005should be objective, verifiable and laid down in national law.
Amendment 25 #
Proposal for a directive
Recital 13
Recital 13
Amendment 30 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive respects the fundamental rights and observes the principles recognized by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights and Fundamental Freedoms and has to be implemented accordingly. Particular attention should be paid to respect for the freedom of assembly and association, the right to education, the principle of non- discrimination, the right to fair and just working conditions, social security and social assistance and the right to an effective remedy and a fair trial.
Amendment 31 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) This Directive has to be implemented without prejudice to more favourable provisions contained in the EU legislation and international instruments. In particular, this directive respects the rights and principles laid down in the European Social Charter of 1961 and in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990.
Amendment 50 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
Amendment 56 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
Amendment 59 #
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 62 #
Proposal for a directive
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
Amendment 65 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. AnTo the extent that applications to reside and work in the territory of a Member State are concomitant, they shall be submitted in a single application procedure.
Amendment 66 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. All third-country nationals shall have the right to submit an application to reside and work in the territory of a Member State. Employers or recognised intermediaries shall be able to submit an application in the name of the third- country national.
Amendment 68 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall examine the application and adopt a decision to grant, to modify or to renew the single permit if the applicant fulfils the requirements specified in national law. To the extent that the applications to reside and work in the territory of a Member State were concomitant, the decision granting, modifying or renewing the single permit shall constitute one combined title encompassing both residence and work permit within one administrative act.
Amendment 70 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The time limit referred to in the first subparagraph may be extended by up to six months in exceptional circumstances, linked to the complexity of the examination of the application.
Amendment 71 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Where the third-country national already resides in a Member State, Member States shall allow that third-country national to remain on their territory until the permit has been granted or denied and all possible remedies have been exhausted.
Amendment 77 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Reasons shall be given in the written notification for a decision rejecting the application, not granting, not modifying or not renewing, suspending or withdrawing the single permit on the basis of criteria specified in national or community law; such reasons shall be objective and verifiable.
Amendment 82 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Any decision rejecting the application, not granting, modifying or renewing, suspending or withdrawing a single permit shall be open to challenge before the courts of the Member State concerned. In such cases, third-country nationals shall enjoy the same procedural guarantees as are provided for citizens of the Member State concerned, including any free legal assistance. The written notification shall specify the possible redress procedures available and the time-limit for taking action.
Amendment 84 #
Proposal for a directive
Article 10
Article 10
Member States may not request applicants to pay fees for handling applications in accordance with this Directive. The level of fees must be proportionate and may be based on the principle of the service actually provided.
Amendment 88 #
Proposal for a directive
Article 11 – point b a (new)
Article 11 – point b a (new)
(ba) stay in another Member State for short periods not exceeding three months;
Amendment 91 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
At the end of the period of validity of the single permit, Member States may grant a residence permit of a maximum duration of six months for the purpose of seeking employment to third-country nationals who apply for it.
Amendment 92 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Temporary unemployment 1. Unemployment in itself shall not constitute a reason for revoking a permit, unless the period of unemployment exceeds six consecutive months. 2. During this period, third-country nationals shall be allowed to seek and take up employment.