Activities of Patrick LE HYARIC related to 2007/0229(COD)
Plenary speeches (1)
Single application procedure for residence and work (debate)
Amendments (38)
Amendment 2 #
Proposal for a directive
Recital 9
Recital 9
(9) In the absence of horizontal community legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. They do not have the same rights as nationals of the Member State, or other EU citizens. With a view to pursue a further development of a coherent immigration policy, to lower the rights gap between EU citizens and third-country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third-country workers legally admitted in a Member States but not yet long term residents. Such provisions are intended to establish a level playing field within the EU, to recognize that such third-country nationals legally working in a Member State’s contributeion to the European economy through their work and tax payments and to serve as safeguard to reducesociety and to fight against unfair competition between own nationals and third-country nationals resulting from possible exploitation of the latter.
Amendment 16 #
Proposal for a directive
Article 3 – paragraph 2 – point (b)
Article 3 – paragraph 2 – point (b)
Amendment 17 #
Proposal for a directive
Recital 9
Recital 9
(9) In the absence of horizontal community legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. They do not have the same rights as nationals of the Member State, or other EU citizens. With a view to pursue a further development of a coherent immigration policy, to lower the rights gap between EU citizens and third-country nationals legally working and complementing the existing immigration acquis a set of rights should be laid down in particular in the form of specifying the policy fields where equal treatment with own nationals is provided for third-country workers legally admitted in a Member States but not yet long term residents. Such provisions are intended to establish a level playing field within the EU, to recognize that such third-country nationals legally working in a Member State’s contributeion to the European economy through their work and tax payments and to serve as a safeguard to reducesociety and to fight against unfair competition between own nationals and third-country nationals resulting from possible exploitation of the latter.
Amendment 23 #
Proposal for a directive
Article 12 – paragraph 1 – point (a)
Article 12 – paragraph 1 – point (a)
(a) working conditions, including pay, leave, working time and dismissal as well as health and safety at the workplace, taking into account general collective agreements in force;
Amendment 26 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) working conditions, including pay, leave, working time and dismissal as well as health and safety at the workplace, taking into account general collective agreements in force;
Amendment 32 #
Proposal for a directive
Article 12 – paragraph 2 – point (a)
Article 12 – paragraph 2 – point (a)
Amendment 33 #
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
Amendment 34 #
Proposal for a directive
Article 12 – paragraph 2 – point (b)
Article 12 – paragraph 2 – point (b)
Amendment 35 #
Proposal for a directive
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
Amendment 36 #
Proposal for a directive
Article 12 – paragraph 2 – point (c)
Article 12 – paragraph 2 – point (c)
Amendment 36 #
Proposal for a directive
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
Amendment 39 #
Proposal for a directive
Article 12 – paragraph 2 – point (d)
Article 12 – paragraph 2 – point (d)
Amendment 42 #
Proposal for a directive
Article 12 – paragraph 2 – point (e)
Article 12 – paragraph 2 – point (e)
Amendment 67 #
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 harmonizsing 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 68 #
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 transparent, objective, verifiable and laid down in national law.
Amendment 71 #
Proposal for a directive
Recital 7
Recital 7
(7) The single permit should take the harmonizsed format of the residence permit in accordance with Regulation (EC) No 1030/2002, laying down a uniform format for residence permits for third-country nationals, enabling the Member States to enter further information, in particular as to whether or not the person is permitted to work. Member States should indicate – also for the purpose of better control of migration – not only in the single permit but also in all the issued residence permits the information relating to the permission to work irrespective of the type of the permit or the residence title on the basis of which the third country national has been admitted to the territory of a Member State and has been given access to the labour market of that Member State.
Amendment 72 #
Proposal for a directive
Recital 13
Recital 13
Amendment 74 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Beneficiaries of temporary protection should be subject to this Directive as regards the common set of rights, as they are authorised to work legally within the territory of a Member State.
Amendment 77 #
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. Particular attention should be paid to ensuring respect of 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 as well as the right to an effective remedy and to a fair trial as guaranteed in the Charter.
Amendment 79 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) This Directive should be implemented without prejudice to more favourable provisions contained in 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 80 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation in particular in accordance with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and in accordance with future legislation in this field, such as that to be introduced under the proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426).
Amendment 81 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) to third-country workers legally residing in a Member State, irrespective of the grounds on which they were initially admitted to the territory of that Member State.
Amendment 85 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
Amendment 90 #
Proposal for a directive
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
Amendment 94 #
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 95 #
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. In addition, employers or recognised intermediaries shall also be permitted to submit an application in the name of a third-country national.
Amendment 96 #
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 applications to reside and work in the territory of a Member State are 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 97 #
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 99 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Where a third-country national already resides in a Member State, that Member State shall allow the third-country national concerned to remain legally on its territory until the single permit has been granted or denied and all possible remedies have been exhausted.
Amendment 100 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. If the information or the documents supporting the application is inadequate, the designated authority shall notify the applicant of the additional information that is requiredare incomplete according to publicly specified criteria, the competent authority shall notify the applicant of the additional information or documents that are required. If applicable, it shall also inform the applicant as to where to get the information or the documents. The period referred to in paragraph 2 shall be suspended until the authorities have received the additional information required.
Amendment 104 #
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 lawUnion law; such reasons shall be objective, verifiable and transparent.
Amendment 106 #
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 availableIn such cases, third-country nationals shall enjoy the same procedural guarantees as are provided for citizens of the Member State concerned, including, where applicable, any free legal aid. The written notification shall specify the court or the competent administrative authority with which the person concerned may lodge an appeal and the time-limit for taking actionsuch appeal.
Amendment 109 #
Proposal for a directive
Article 9
Article 9
Member States shall take the necessary measures to inform the third-country national and the future employer automatically, immediately and comprehensively on all the documentary evidence they need in order to complete the application.
Amendment 110 #
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 113 #
Proposal for a directive
Article 11 – point b a (new)
Article 11 – point b a (new)
(ba) stay in any other Member State for short periods not exceeding three months;
Amendment 116 #
Proposal for a directive
Article 11 – subparagraph 1 a (new)
Article 11 – subparagraph 1 a (new)
At the end of the period of validity of the single permit, Member States may on application grant a residence permit of a maximum duration of six months for the purpose of seeking employment. During this period they shall enjoy the same assistance in finding employment as provided for citizens of that Member State.
Amendment 118 #
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, enjoying the same assistance in finding an employment as provided for citizens of that Member State.
Amendment 120 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Periodically, and for the first time no later than threewo years after the date specified in Article 16, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments deemed necessary.