31 Amendments of Katrin SAKS

Motion for a resolution
Paragraph 10

10. Is of the opinion that, although many elements of the strategy are still valid, others should be adapted; states this is the case in particular for the relationship between the European Union and Russia, EU engagement in Africa, but also its energy supply, climate change and cyber ~~warfare~~threats;

2008/12/17
Committee: AFET

2008/2202(INI)

Motion for a resolution
Paragraph 15

15. Notes the concerns expressed by ~~the Baltic~~Member states and requests that NATO draw up specific plans for their defence;

2008/12/17
Committee: AFET

2008/2085(INI)

Motion for a resolution
Citation 19 a (new)

- having regard to the judgment of the Court of Justice of the European Communities of 12 June 2003, Case C- 112/00 – Schmidberger

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital A

A. Whereas the ECJ recognizes the right to take collective action and free movement of workers as fundamental rights; th~~at is an~~ese rights will also become integral part of the general principles of Community law; this right will also become primary law with the ratification of the Lisbon Treaty,

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital B

B. Whereas the Commission’s report on industrial relations in Europe 2006 shows that highly developed collective bargaining has a positive influence on social inclusion while the findings of comparative studies are relatively modest on the impact of industrial relations on growth and economic performance,

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital D

D. Whereas the objective of the PWD –- the abolition, as between Member States, of obstacles to the free movement of persons and services and to provide for a climate of 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 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 1

1. Underlines that the freedom to provide services is a cornerstone of the European project~~; however, this has to be bal~~, which is accompancied a~~gainst~~nd complemented by fundamental rights and the possibility for governments and trade unions to ensure non-discrimination and equal treatment;

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~~further promoting 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 9

9. Underlines that the intention of the legislator in the PWD and Service Directive is not reflected in the ECJ verdicts, which, instead of protecting workers, is inviting unfair competition between companies; companies that sign and follow collective agreements will have a competitive disadvantage to companies that refuse to do so;deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 9 a (new)

9a. Regrets that still several Member States have not properly implemented the posting of workers directive, which in some cases may result in unequal treatment of posted workers;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 10

10. ~~Regrets that~~Welcomes all conditions ~~impos~~offered ton foreign employeres above minimum levels ~~are seen as obstacles to free movement,~~, especially if employees do not already receive more favourable conditions in the country of origin;

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 the right of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment; such a proportionality principle is not compatible with the character of this right as a fundamental right; there should be no question about the right of trade unions to use industrial action to uphold equal treatment and secure decent working conditions;deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 12

12. Emphasises that the PWD as interpreted by the ECJ ~~would~~does not prevent to demand~~s for~~ 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~~ only if the PWD is properly implemented in all Member States of the European Union;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 13

13. Regrets the fact that even though 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 enormous;deleted

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 u~~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 objective of 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~~ is caused by non-compliance with the PWD;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 16

16. Emphasises that unless the PWD is properly implemented the current situation could lead to a situation where workers in host countries will be pressured by low wage competition; this, in turn, could lead to xenophobia and 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 2004;deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 18

18. Regrets that the ECJ fails to recognise 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;deleted

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; c~~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 practise of the ECJ~~implementation of the PWD in those countries that has so far failed to do so;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 21

21. Therefore calls on the Commission to take immediate action to make necessary changes in European legislation in order to counter the possible detrimental social, economical and political effects of the ECJ judgements;deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 22

22. Therefore welcomes the Commission's statement from 3 April 2008 which clearly states ~~that they will c~~its readiness to take concrete actiont in~~ue to fight social dumping and that the freedom to provide services is not superior to the fundamental rights of trade unions~~ order to remedy shortcomings in the implementation and enforcement of the posting of workers directive; the Recommendation aims at creating better administrative cooperation between Member States in order to ensure better protection of posted workers' rights and more effective cross-border enforcement;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 23

23. Therefore calls on 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 movement 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);deleted

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

2007/2118(INI)

Draft opinion
Paragraph 4 – indent 2

- a thorough legal assessment aimed at determining whether a broader set of legal framework is applicable, taking into account in particular the need for a legally binding damage compensation mechanism to allow for the increasing carriage of petroleum products and liquid fuels in the Baltic Sea;

2008/04/18
Committee: AFET

2007/0248(COD)