Activities of Jean LAMBERT related to 2007/0229(COD)
Plenary speeches (4)
Conditions of entry and residence of third-country nationals for the purposes of highly qualified employment - Single application procedure for residence and work
Single application procedure for residence and work (debate)
Single application procedure for residence and work (debate)
Single application procedure for residence and work (debate)
Amendments (18)
Amendment 15 #
Proposal for a directive
Article 3 – paragraph 1 – point (b a)
Article 3 – paragraph 1 – point (b a)
(ba) to any third country national unless they are afforded a higher level of rights in other EU legislation.
Amendment 19 #
Proposal for a directive
Recital 16
Recital 16
(16) Third-country nationals who work in the territory of a Member State should enjoy equal treatment as regards social security. Branches of social security are defined in the Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of so883/2004 of the European Parliament and of the Councial security schemes to employed persons, to self-employed persons and to members of their families moving within the Communityof 29 April 2004 on the coordination of social security systems. Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality extends the provisions of Regulation (EEC) No 1408/71 to third country nationals who are legally residing in the European Union and who are in a cross-border situation. The provisions on equal treatment concerning social security in this Directive also apply to persons coming to a Member State directly from a third country. Nevertheless, this Directive should not confer more rights than those already provided in existing Community legislation in the field of social security for third-country nationals who have cross-border elements between Member States.
Amendment 22 #
Proposal for a directive
Article 12 – paragraph 1 – point (a)
Article 12 – paragraph 1 – point (a)
(a) working conditions, including pay and dismissal as well as health and, safety at the workplace, working time, leave and disciplinary procedures, taking into account general collective agreements in force, and the right to seek new employment;
Amendment 23 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Member States should ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the General Assembly of the United Nations on 18 December 1990.
Amendment 29 #
Proposal for a directive
Article 12 – paragraph 1 – point e
Article 12 – paragraph 1 – point e
(e) provisions in national law concerning branches of social security, as defined in Council Regulation (EEC) No 1408/71 of 14 June 1971883/2004 of the European Parliament and onf the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community. Regulation (EEC) No 859/2003, extending the provisions of Regulation (EEC) Non 1408/71 and its implementing Regulation (EEC) No 574/72Council of 29 April 2004 on the coordination of social security systems. Also the accompanying Regulation extending the co-ordination of social security systems to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality and who are legally residing in a cross-border situation within the EU shall apply accordingly;
Amendment 32 #
Proposal for a directive
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Member States may restrict equal treatment with nationals only in the following cases:
Amendment 34 #
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
Amendment 37 #
Proposal for a directive
Article 12 – paragraph 2 – point (c)
Article 12 – paragraph 2 – point (c)
Amendment 41 #
Proposal for a directive
Article 12 – paragraph 2 – point (d)
Article 12 – paragraph 2 – point (d)
(d) by restricting the rights conferred under paragraphs 1(a), (b) and (g) to those third- country workers who are in employment;
Amendment 43 #
Proposal for a directive
Article 12 – paragraph 2 – point (e)
Article 12 – paragraph 2 – point (e)
Amendment 50 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
Amendment 69 #
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 ishould be objective, verifiable and 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 2005.
Amendment 76 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive respects the fundamental rights and observes the principles recognizsed 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. Specifically, this Directive should be applied with due respect for the freedom of assembly and association, the right to education, the freedom to choose an occupation and the right to engage in work, the principle of non-discrimination, the right to fair and just working conditions, the right to social security and social assistance and the right to an effective remedy and to a fair trial, contained in Articles 12, 14, 15, 21, 31, 34 and 47 of the Charter.
Amendment 78 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) This Directive should be applied without prejudice to more favourable provisions contained in EU legislation and international instruments. Specifically, this Directive respects the rights and principles contained in the European Social Charter of 18 October 1961 and the European Convention on the legal status of migrant workers of 24 November 1977.
Amendment 102 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
If the information supporting the application is inadequatecomplete according to publicly specified criteria, the designated authority shall notify the applicant of the additional information that is required. The period referred to in paragraph 2 shall be suspended until the authorities have received the additional information required.
Amendment 107 #
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. The written notification shall specify the possible redress procedures availablecourt or administrative authority with which the person concerned may lodge an appeal and the time-limit for taking actionhe appeal.
Amendment 114 #
Proposal for a directive
Article 11 – point c
Article 11 – point c
(c) have free access to the entire territory of the Member State issuing the single permit. Member States may impose territorial restrictions on the right of residence and the right to work within the limits provided for by national legislation for reasons of security, only where the same restrictions apply to their own nationals;
Amendment 119 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Notification of decisions The notification and information referred to in Articles 5, 8 and 9 shall be provided in such a way that the applicant is able to comprehend their content and implications.