Activities of Barbara MATERA related to 2013/0124(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers
Amendments (10)
Amendment 39 #
Proposal for a directive
Recital 8
Recital 8
(8) In its Employment package of 18 April 2012 (Communication from the Commission "‘Towards a job-rich recovery"’), the Commission announced its intention to "‘present a legislative proposal (information and advice) in order to support mobile workers in the exercise of rights derived from the Treaty and Regulation 492/2011 on freedom of movement for workers within the Union"’. In seeking to achieve that objective, the Commission is committed not only to facilitating the mobility of workers within the Union towards regions with a labour shortage, but also to ensuring they can exercise their rights more freely, and preferably to the full.
Amendment 40 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure the correct application of, and to monitor compliance with, the substantive rules concerning workers'’ rights to free movement for work purposes, Member States should take the appropriate measures to protect them against both discrimination on grounds of nationality, religion, race, gender or sexual orientation and any unjustified obstacle to the exercise of that right.
Amendment 42 #
Proposal for a directive
Recital 13
Recital 13
(13) To that end it is appropriate to provide specific rules for effective enforcement of the substantive rules governing the freedom of movement of workers, and to facilitate better and more uniform application of Article 45 of the Treaty and of Regulation (EU) No 492/2011. In particular, in order to ensure the equal treatment of all EU citizens, Member States should adopt specific measures in respect of the most vulnerable members of society. Targeted measures need to be taken to meet the specific needs of women exercising their right to freedom of movement who are single mothers and/or have disabled children or are caring for elderly relatives.
Amendment 43 #
Proposal for a directive
Recital 14
Recital 14
(14) In this context, workers who have been subject to discrimination on the grounds of nationality, religion, race, gender or sexual orientation, or to any unjustified restriction in exercising their right to free movement, should have adequate and effective means of legal protection and redress. When Member States only provide for administrative procedures they shall ensure that any administrative decision may be challenged before a tribunal in the sense of Article 47 of the Charter.
Amendment 44 #
Proposal for a directive
Recital 15
Recital 15
(15) To provide more effective levels of protection, associations and legal entities should also be empowered to engage, as the Member States determine, on behalf of or in support of any victim of discrimination in proceedings, without prejudice to national rules of procedure concerning representation and defensce before the courts.
Amendment 47 #
Proposal for a directive
Recital 20
Recital 20
(20) Member States should promote dialogue with non-governmental organisations and between social partners to address and combat different forms of discrimination on the grounds of nationality, religion, race, gender or sexual orientation.
Amendment 55 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate, conciliation procedures, for the enforcement of the obligations under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011, are available to all workers and members of their families who consider they have suffered from discrimination on the grounds of nationality, religion, race, gender or sexual orientation, or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.
Amendment 67 #
Proposal for a directive
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(aa) issues relating to the equal treatment of men and women;
Amendment 68 #
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) conducting independent surveys concerning discrimination on the basis of nationality, religion, race, gender or sexual orientation;
Amendment 72 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall encourage dialogue with appropriate non-governmental organisations and the social partners which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of nationality or any other reason, with a view to promoting the principle of equal treatment.