2 Amendments of Viktor USPASKICH related to 2016/0404(COD)
Amendment 45 #
Proposal for a directive
Recital 12
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that among the overriding reasons of general interest, recognised by the Court of Justice, are preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services, creditors and workers, including the social protection of workers; the safeguarding of the proper administration of justice; fairness of trade transactions; fight against unfair competition; combating fraud and prevention of tax evasion and tax avoidance; road safety; the protection of the environment and the urban environment; the health of animalsincluding land-use planning; animal welfare and veterinary policy; intellectual property; the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives, including the safeguarding of freedom of expression. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest.
Amendment 64 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services, creditors and workers, including the social protection of workers, the safeguarding of the proper administration of justice, fairness of trade transactions, fight against unfair competition, combating fraud and prevention of tax evasion and tax avoidance, road safety, the protection of the environment and the urban environment, the health of animalsincluding land - use planning, animal welfare and veterinary policy, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives, including the safeguarding of freedom of expression.