9 Amendments of Traian UNGUREANU related to 2013/0124(COD)
Amendment 32 #
Proposal for a directive
Recital 3
Recital 3
(3) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose. It protects them against discrimination on the grounds of nationality as regards employment, remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that Member State. It needs to be distinguished from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own workers to another Member State temporarily to carry out the work necessary to provide these services there. At the same time, the discrimination should not be understood in terms of economic meaning. The free movement of workers should be understood in the acceptance of the Single Market desiderate, and it should work for the benefit of both employers and employees, as it represents the best measure to tackle labour demand mismatches.
Amendment 39 #
Proposal for a directive
Recital 5
Recital 5
(5) However, the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement. They still suffer from discrimination on the grounds of nationality when moving across European Union borders of the Member States. There is, therefore, a gap between the legislation and its application in practice that needs to be addressed as well as clearer sanctions that need to be implemented for the cases in which this right is infringed.
Amendment 44 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) On 15 December 2011, The European Parliament adopted its Resolution on freedom of movement for workers within the European Union, where it clearly requested for measures that would ensure the application of this right to Union's citizens for the benefit of the European Union at large as well as for speeding up the completion of the Single Market and the creation of Union's labour market.
Amendment 48 #
Proposal for a directive
Recital 9
Recital 9
(9) Adequate and, effective application of the current European legislation and enforcement measures are key elements in protecting the rights of workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. To this end, the Union should act in a well-balanced manner, avoiding the potential legislative loopholes. The legislation should respond to the rights and responsibilities of both employer and employee.
Amendment 61 #
Proposal for a directive
Recital 14
Recital 14
(14) In this context, EU workers who have been subject to discrimination on the grounds of nationality, or to any unjustified restriction in exercising their right to free movement, should havemust be granted with 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 64 #
Proposal for a directive
Recital 15
Recital 15
(15) To provide more effective levels of protection, associations and legal entities that can represent the legal interests of workers should also be empowered to engage, asin accordance to the Member States determine’ legislation, on behalf of or in support of any victim in proceedings, without prejudice to national rules of procedure concerning representation and defensce before the courts.
Amendment 67 #
Proposal for a directive
Recital 16
Recital 16
(16) In relation to time limits foreseen in Articles 3(2) and 4(2) and in accordance with the case law of the European Court of Justice these time limits should be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by Union law,. In case of proof of intentional behaviour in hindering the exercise of rights conferred by Union law, appropriate sanctions should be applicable.
Amendment 91 #
Proposal for a directive
Recital 23
Recital 23
(23) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. However, the introduction or maintaining of more favourable provisions should be proportionate to the socio-economic reality of the Member State. To this end, the Commission should introduce a set of criteria and a methodology, to present in a clear and transparent way a full justification, substantiated by convincing arguments and data, including all relevant socio-economic indicators, which led to the conclusion that those provisions are needed. The criteria and methodology should be applicable to all Member States. Member States also have the possibility to extend the competencies of the organisations entrusted with tasks related to the protection of Union migrant workers against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States . The implementation of the present Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.
Amendment 131 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Paragraph 1 shall apply without prejudice to national rules on time limits for enforcement of those rights. These time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by Union law. In a contrary case, appropriate sanctions should be applicable