BETA


2010/2273(INI) Promoting workers' mobility within the European Union

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead EMPL UNGUREANU Traian (icon: PPE PPE) BLINKEVIČIŪTĖ Vilija (icon: S&D S&D), TURUNEN Emilie (icon: S&D S&D), HARKIN Marian (icon: ALDE ALDE), CORNELISSEN Marije (icon: Verts/ALE Verts/ALE)
Committee Opinion LIBE BLINKEVIČIŪTĖ Vilija (icon: S&D S&D)
Committee Opinion FEMM ČEŠKOVÁ Andrea (icon: ECR ECR) Barbara MATERA (icon: PPE PPE)
Lead committee dossier:
Legal Basis:
RoP 54

Events

2012/02/22
   EC - Commission response to text adopted in plenary
Documents
2011/10/25
   EP - Results of vote in Parliament
2011/10/25
   EP - Decision by Parliament
Details

The European Parliament adopted a resolution on promoting workers’ mobility within the European Union in response to a Commission communication on the question.

Living and working in a different Member State is one of the Union's fundamental freedoms -, a basic component of Union citizenship and recognised by the Treaties. Yet statistics show that still too few people take advantage of this right despite the specific initiatives taken to support workers' mobility. Workers can face difficulties and challenges when seeking employment in a Member State that is not their own and the current workers’ mobility rate is not sufficient to enhance labour market efficiency in the European Union with only 2.3% of people in the EU residing in a Member State other than the state of which they are citizens.

Despite EU legal acts and programmes aimed at promoting free movement of workers, there are barriers to the full implementation of this fundamental freedom (e.g. social, linguistic, cultural , legal and administrative barriers, poor return policies that do not meet the needs of migrant workers, lack of recognition of mobility experience, difficulties concerning the employment of spouses or partners, and a delayed process for the recognition of diplomas and professional qualifications). Although Parliament welcomes the Commission’s communication, which describes and explains the current state of play, they regret the lack of concrete measures or solutions to the problems of mobility.

Parliament calls on the Member States to remove obstacles to workers' mobility by offering persons (the majority of whom are women) who follow their spouses or partners to another Member State appropriate services such as courses to facilitate their integration into their new social and cultural environment, for example language courses and vocational courses.

Other measures are proposed:

extend and improve the scope of projects aiming at increasing women’s labour mobility ; further promote labour mobility by presenting a long-term, comprehensive, multidisciplinary, mobility strategy to ban all existing legal, administrative and practical barriers to free movement of workers; promote further strategies to provide simplified information concerning the rights of migrant workers and the benefits of mobility for the overall process of development and for the economies of both the EU and its Member State; mitigate at EU level the negative side effects of increased mobility , leading to brain drain and youth drain; enhance the mobility of the workforce by planning and promoting further strategies to provide simplified information concerning the rights of migrant workers and the benefits of mobility;

remove obstacles to workers’ mobility by offering women who follow their husbands or partners to another Member State appropriate services to facilitate their integration into their new social and cultural environment; create mechanisms of cooperation aimed at preventing the devastating effects on families, especially on children, caused by the separation from their parents and the distance between them.

Administrative simplification and legal aspects : Parliament urges the Commission to promote the streamlining of administrative practices and administrative cooperation so as to allow synergies between national authorities. It encourages Member States to create more effective channels of communication between migrant workers and the corresponding State services, so that workers have full access to information regarding their rights and obligations and stresses that ‘workers’ rights’ can be better implemented if and when an EU migrant is employed in a legally paid activity in a host Member State.

Parliament is concerned by the poor transposition and implementation of current directives on free movement of workers, especially Directive 2004/38/EC with respect to the right of entry and residence for third-country family members, and cumbersome administrative procedures and additional residence documents (work permits, evidence of satisfactory accommodation) inconsistent with Directive 2004/38/EC. It calls on the Commission to fully exercise its prerogatives under the Treaties, by continuous and comprehensive monitoring of the implementation of Directive 2004/38/EC, which affects the exercise of free movement of workers including, if necessary, the exercise of its right to initiate infringement procedures against non-compliant Member States.

Member States are called upon to review their provisions regulating the transitional periods for access to their labour markets, which, in the long term, can have negative effects on the fundamental values and rights enshrined in the EU Treaties, such as freedom of movement, non-discrimination and solidarity and equal rights.

Links with other policies : Parliament notes that the right of free movement of workers cannot be viewed in isolation from other rights and basic principles of the EU and that respect for the European social model and the rights guaranteed in the European Convention on Human Rights, as reflected in the EU Charter of Fundamental Rights, will offer the possibility of decent jobs, adequate working conditions, including protection and safety at work, social security rights, equal treatment, reconciliation of family and working life and the freedom to provide services. The importance of equal treatment of workers is stressed, combined with the adequate protection of labour rights, to be in accordance with the rules in force laid down in national legislation and collective agreements in the Member State concerned. Members believe that the principle of ‘equal pay for the same work in the same place’ in conjunction with gender equality should apply throughout the EU in order to prevent wage and social dumping .

The resolution urges the Member States and the Commission to strengthen EU policy on fighting direct and indirect discrimination. Member States are encouraged to increase the attention which authorities responsible for monitoring the labour market devote to protecting the rights of mobile workers, particularly by improving education and raising of awareness in the field of labour law.

Parliament considers that, for the efficient implementation of all policies tackled by the free movement of workers, action must be coordinated, especially in the fields of completion of the internal market, coordination of social security systems, supplementary pension rights, protection of workers, cross-border health care, education and vocational training, tax measures such as those designed to avoid double taxation, and anti-discrimination.

Parliament reiterates that, in order to avoid inconsistencies in the area of the EU internal market, for the purpose of employment, Member States must give preference to Union citizens and may give preference to third-country nationals who apply for highly qualified employment. Members stress the importance of rejecting applications for an EU Blue Card in labour market sectors for which the access to workers from other Member States is restricted on the basis of transitional arrangements. Member States should also tackle the issue of false self-employment among mobile workers and give these workers access to rights and protection.

Measures to promote free movement : Members stress that efficient controls are an essential element to guarantee equal treatment and a level playing field. They call on the Member States to increase labour inspection and give labour inspections sufficient resources. They encourage the Commission to pursue its initiatives aimed at promoting the geographical mobility of young people through learning mobility schemes. They welcome the Commission’s plan to establish a regular systematic assessment of long -term supply and demand in the EU labour markets up to 2020 and strongly advise the coordination of labour and educational policies between Member States with a view to meeting the targets set in the EU 2020 Strategy regarding job creation and avoiding future indirect barriers that may hinder the exercise of the right of free movement.

The Commission is called upon to explore and publish both positive effects and drawbacks derived from labour mobility for the host and home countries and the EU , from a socio-economic and geographical cohesion point of view, highlighting consequences such as: economical losses, increased undeclared work and abusive working conditions due to unclear legal situation when transitionary measures are in place, lack of awareness of rights among EU citizens and the outcomes due to delayed actions by Member States to integrate EU workers from the 2004 and 2007 integration wave.

Employment services and information of workers : Members call for developing EURES' institutional capabilities and its reinforcement of the one-stop instrument to facilitate mobility of workers and their families. They call on the Commission and Member States to take the necessary steps to make cooperation between EURES and the corresponding national public authorities more productive and effective. Parliament urges strengthening the implementation of the Council Directive 91/533/EEC on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (so-called "Information Directive").

It invites Member States to monitor the activities of recruitment agencies more strictly in order to ensure that the rights of mobile workers are not violated or their expectations disappointed. It calls on the Commission and Member States to monitor the situation of agencies and organisations offering jobs to workers from other Member States and to detect potential illegal or black market employment, or agencies or organisations providing fictitious jobs.

Gathering skills and knowledge to become more competitive : Members take the view that active labour market policies and in particular vocational training and life-long learning, must be reinforced as they can contribute to increasing labour mobility, facilitate transitions in times of structural unemployment, and allowing workers to adapt to labour market changes. They call on the Commission and the Member States to cooperate on achieving higher comparability of school and University curricula and education systems in the EU , through simplified mutual recognition of diplomas .

Lastly, Parliament encourages Member States to boost the participation of SMEs in lifelong learning by providing incentives for their respective employees and employers with particular emphasis on learning languages and the new technologies .

Documents
2011/10/25
   EP - End of procedure in Parliament
2011/10/24
   EP - Debate in Parliament
2011/07/20
   EP - Committee report tabled for plenary, single reading
Documents
2011/07/20
   EP - Committee report tabled for plenary
Documents
2011/06/16
   EP - Vote in committee
Details

The Committee on Employment and Social Affairs adopted an own-initiative report by Traian UNGUREANU (EPP, RO) on promoting workers’ mobility within the European Union in response to a Commission communication on the question.

Living and working in a different Member State is one of the Union's fundamental freedoms -, a basic component of Union citizenship and recognised by the Treaties. Yet statistics show that still too few people take advantage of this right despite the specific initiatives taken to support workers' mobility. Workers can face difficulties and challenges when seeking employment in a Member State that is not their own and the current workers’ mobility rate is not sufficient to enhance labour market efficiency in the European Union with only 2.3% of people in the EU residing in a Member State other than the state of which they are citizens.

Despite EU legal acts and programmes aimed at promoting free movement of workers, there are barriers to the full implementation of this fundamental freedom (e.g. social, linguistic, cultural , legal and administrative barriers, poor return policies that do not meet the needs of migrant workers, lack of recognition of mobility experience, difficulties concerning the employment of spouses or partners, and a delayed process for the recognition of diplomas and professional qualifications). Although Members welcome the Commission’s communication, which describes and explains the current state of play, they regret the lack of concrete measures or solutions to the problems of mobility.

Members therefore call on the Commission to:

extend and improve the scope of projects aiming at increasing women’s labour mobility ; further promote labour mobility by presenting a long-term, comprehensive, multidisciplinary, mobility strategy to ban all existing legal, administrative and practical barriers to free movement of workers; enhance the mobility of the workforce by planning and promoting further strategies to provide simplified information concerning the rights of migrant workers and the benefits of mobility.

Members call on the Member States to:

remove obstacles to workers’ mobility by offering women who follow their husbands or partners to another Member State appropriate services to facilitate their integration into their new social and cultural environment; create mechanisms of cooperation aimed at preventing the devastating effects on families, especially on children, caused by the separation from their parents and the distance between them.

Administrative simplification and legal aspects : the Committee urges the Commission to promote the streamlining of administrative practices and administrative cooperation so as to allow synergies between national authorities. It encourages Member States to create more effective channels of communication between migrant workers and the corresponding State services, so that workers have full access to information regarding their rights and obligations and stresses that ‘workers’ rights’ can be better implemented if and when an EU migrant is employed in a legally paid activity in a host Member State.

It calls on the Commission to fully exercise its prerogatives under the Treaties, by continuous and comprehensive monitoring of the implementation of Directive 2004/38/EC, which affects the exercise of free movement of workers including, if necessary, the exercise of its right to initiate infringement procedures against non-compliant Member States.

The Committee also calls on the Member States to review their provisions regulating the transitional periods for access to their labour markets. It welcomes the recent decision of some Member States to fully open their labour markets to some of the Member States that joined the EU in 2004. It deplores the recent legislative proposals in other Member States intended to undermine the rights of workers from the Member States that joined the EU in 2004 and 2007 and calls on the Commission to investigate whether such policies infringe EU law.

Members call on the Commission to:

strengthen the current legal framework on recognition of professional qualifications set out in Directive 2005/36/EC; revise Council Regulation (EC) No 1612/68 on freedom of movement for workers within the Community in order to take into account the proposals made by the European Parliament in this resolution; ensure that Member States apply the 'Brussels I'-regulation (Council Regulation (EC) No 44/2001) regarding jurisdiction recognition and enforcement of judgements in civil and commercial matters; ensure that Member States implement Directive 2004/38/EC without any discrimination, including on grounds of sexual orientation.

Links with other policies: Members consider that action must be coordinated, especially in the fields of completion of the internal market, coordination of social security systems, supplementary pension rights, protection of workers, cross-border health care, education and vocational training, tax measures such as those designed to avoid double taxation, and anti-discrimination.

They call on the Commission and the Member States to make sure that free movement is never exploited with a view to unequal treatment, wage and social dumping. They congratulate the Commission to linking workers' mobility with the Europe 2020 Strategy and take the view that this is of crucial importance to boost welfare within the EU through sound and sustainable job creation.

Members consider that enabling migrant workers to enjoy portable social security rights is essential in ensuring that they effectively benefit from the prerogatives they have acquired.

In their view, SMEs can act as a trigger for economic recovery and development, being the primary source for job creation. They thus reiterate the need for an EU commitment to supporting and developing SMEs, particularly through active labour policies and vocational education and training programmes.

Measures to promote free movement: Members stress that efficient controls are an essential element to guarantee equal treatment and a level playing field. They call on the Member States to increase labour inspection and give labour inspections sufficient resources. They encourage the Commission to pursue its initiatives aimed at promoting the geographical mobility of young people through learning mobility schemes. They welcome the Commission’s plan to establish a regular systematic assessment of long -term supply and demand in the EU labour markets up to 2020 and strongly advise the coordination of labour and educational policies between Member States with a view to meeting the targets set in the EU 2020 Strategy regarding job creation and avoiding future indirect barriers that may hinder the exercise of the right of free movement.

Employment services and information of workers: Members call for developing EURES' institutional capabilities and its reinforcement of the one-stop instrument to facilitate mobility of workers and their families. They call on the Commission and Member States to take the necessary steps to make cooperation between EURES and the corresponding national public authorities more productive and effective.

They urge strengthening the implementation of the Council Directive 91/533/EEC on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (so-called "Information Directive").

They invite Member States to monitor the activities of recruitment agencies more strictly in order to ensure that the rights of mobile workers are not violated or their expectations disappointed. They call on the Commission and Member States to monitor the situation of agencies and organisations offering jobs to workers from other Member States and to detect potential illegal or black market employment, or agencies or organisations providing fictitious jobs.

Gathering skills and knowledge to become more competitive : Members take the view that active labour market policies and in particular vocational training and life-long learning, must be reinforced as they can contribute to increasing labour mobility, facilitate transitions in times of structural unemployment, and allowing workers to adapt to labour market changes.

They call on the Commission and the Member States to cooperate on achieving higher comparability of school and University curricula and education systems in the EU , through simplified mutual recognition of diplomas .

Lastly, they encourage Member States to boost the participation of SMEs in lifelong learning by providing incentives for their respective employees and employers with particular emphasis on learning languages and the new technologies .

2011/05/31
   EP - Committee opinion
Documents
2011/05/25
   EP - Committee opinion
Documents
2011/03/24
   EP - Amendments tabled in committee
Documents
2011/02/17
   EP - Committee draft report
Documents
2010/12/09
   EP - BLINKEVIČIŪTĖ Vilija (S&D) appointed as rapporteur in LIBE
2010/11/25
   EP - Committee referral announced in Parliament
2010/10/28
   EP - ČEŠKOVÁ Andrea (ECR) appointed as rapporteur in FEMM
2010/09/22
   EP - UNGUREANU Traian (PPE) appointed as rapporteur in EMPL
2010/07/13
   EC - Non-legislative basic document published
Details

PURPOSE: Communication on reaffirming the free movement of workers: rights and major developments.

BACKGROUND: according to the latest Eurostat data available, 2.3% of EU citizens (11.3 million persons) reside in a Member State other than the state of which they are a citizen , and many more exercise this right at some point in their life. That number has grown by more than 40% since 2001. According to a recent Eurobarometer survey, 10% of persons polled in EU-27 replied that they had lived and worked in another country at some point in the past, while 17% intended to take advantage of free movement in the future. In principle, every EU citizen has the right to work and live in another Member State without being discriminated against on grounds of nationality. However, despite the progress that has been made, there are still legal, administrative and practical obstacles to exercising that right.

A recent report on the application of the Directive 2004/38/EC concluded that its overall transposition was rather disappointing and highlighted a number of problems EU citizens on the move, workers or not, faced abroad. The conclusion drawn from the European Year of Workers’ Mobility in 2006 was that, in addition to the legal and administrative obstacles on which recent efforts have generally focused (e.g. recognition of qualifications and portability of supplementary pension rights), there are other factors that influence trans-national mobility. These include housing issues, language, the employment of spouses and partners, return mechanisms, historical ‘barriers’ and the recognition of mobility experience, particularly within SMEs.

Tackling these problems therefore calls for a broader approach, combined with effective implementation of the principle of free movement. President Barroso stated in his political guidelines that the principles of free movement and equal treatment for EU citizens must become a reality in people’s everyday lives.

This was followed up by the Commission proposal to promote EU mobility under the Europe 2020 strategy, and in particular in the flagship initiative ‘ An Agenda for new skills and jobs ’

CONTENT: the aim of this communication is to:

present an overall picture of the rights of EU migrant workers; update the Commission’s previous communication on the subject with regard to developments in legislation and case-law, and raise awareness generally and promote the rights of migrant workers who are in a more vulnerable situation than national workers (for instance, in terms of housing, language, employment of spouses and partners etc.).

Beneficiaries of free movement : the first part of the Communication discusses the EU rules on free movement of workers. the principle of the free movement of workers is enshrined in Article 45 TFEU and has been developed through secondary law (Regulation (EEC) No 1612/68 and Directive 2004/38/EC, as well as Directive2005/36/EC) and by the case-law of the European Court of Justice. The existing body of EU law in this area gives European citizens the right to move freely within the EU for work purposes and protects the social rights of workers and of their family members. It protects them from discrimination as regards employment, remuneration and other working conditions in comparison to their colleagues who are nationals of that Member State.

Every national of a Member State has the right to work in another Member State. The term ‘worker’ has a meaning in EU law and covers any person who undertakes genuine and effective work for which he is paid under the direction of someone else. It does not cover third country migrant workers. It is the responsibility of the national authorities to undertake, in the light of that definition, a case-by-case evaluation to establish whether those criteria are met. In addition to meeting the definition of a worker, a person must be a migrant worker in order to be covered by EU law, i.e. he or she must have exercised his or her right to free movement: EU rules apply when a person works in a Member State other than his country of origin or in his country of origin while residing abroad.

Other categories of persons also fall within the scope of Article 45 TFEU: family members of the worker, people retaining the status of worker, and jobseekers under certain conditions.

Rights of migrant workers : the Communication describes the rights currently enjoyed by EU migrant workers taking into account the development of legislation over the last ten years. It discusses the implications of a series of judgements on the subject by the ECJ, as well as the manner in which these judgements apply to the rights of migrant workers.

Jobseeking and access to benefits : EU citizens have the right to look for employment in another Member State and to receive the same assistance from the national employment office there as nationals of that Member State. While such jobseekers were previously considered as having to be treated on an equal footing with nationals as regards access to work alone, the ECJ concluded that they should also qualify for equal treatment with regard to access to benefits of a financial nature intended to facilitate access to employment on the labour market of the host Member State. However, to limit the strain on social assistance systems, the ECJ added that a Member State could require that there be a genuine link between the jobseeker and the geographic employment market in question, such as the person needing to have, for a reasonable period, genuinely sought work in the Member State in question.

Access to work under the same conditions as national workers : EU citizens have the right to take up an activity in another Member State under the same conditions as those that apply to its own nationals. However, one restriction and several specific aspects apply, dealing with the recognition of professional qualifications language requirements, access to public sector posts and free movement of sports people.

Equal treatment : Article 45(2) TFEU entails the abolition of any discrimination based on nationality between workers of the Member State as regards employment, remuneration and other conditions of work and employment. EU law entitles migrant workers to the same social advantages as national workers from the first day of their employment in the host Member State. The concept of social advantage is very broad and covers financial benefits75 and non financial advantages which are not traditionally perceived as social advantages.

With regard to tax advantages, in spite of the absence of harmonising measures at EU level, Member States may not introduce legislation discriminating directly or indirectly on the basis of nationality. There is a growing body of ECJ case-law on the application of the Treaty freedoms to direct taxes, including Article 45 TFEU.

Residence rights : historically, migrant workers have enjoyed better conditions as regards certain rights related to residence than non-active EU citizens. The Directive, which brings together previous rules on EU citizens’ residence rights, continues to distinguish between economically active and non –active EU citizens.

Family members : family members of migrant workers, regardless of their nationality or whether they are dependent of the EU citizen, have the right to work in the host Member State. Migrant workers’ children, whatever their nationality, have the right to education in the host Member State on the same terms as its nationals. Family members of migrant workers have access to social advantages, including study grants, without any residence conditions or previous periods of residence in the host Member State.

Better enforcement and administrative cooperation : as shown by the foregoing, the legal framework for free movement of workers is substantive, detailed and well-developed. Making workers, members of their families and stakeholders aware of the rights, opportunities and instruments that exist to promote and guarantee freedom of movement is a key point in enforcing EU law. The Commission is conducting a broader exercise aimed at tackling comprehensively all obstacles European citizens encounter when they exercise their rights as Union citizens in all aspects of their daily lives. To this end, the Commission has announced its intention to present a Report on Citizenship in its 2010 Work Programme.

For workers in particular, the Commission will look at how the social partners and NGOs can play a part in helping to strengthen their rights and to make them effective, with the support of the existing network of academic experts.

Despite the improvement brought about by recent developments, the issue of the enforceability of Regulation (EEC) No 1612/68 still needs attention. The Commission will explore ways of tackling the new needs and challenges (in particular in the light of new patterns of mobility) facing EU migrant workers and their family members.

In the context of the new strategy for the single market it will consider how to promote mechanisms for the effective implementation of the principle of equal treatment for EU workers and members of their families exercising their right to free movement.

Documents

AmendmentsDossier
243 2010/2273(INI)
2011/03/24 EMPL 157 amendments...
source: PE-460.965
2011/05/04 LIBE 57 amendments...
source: PE-464.709
2011/05/05 FEMM 29 amendments...
source: PE-464.769

History

(these mark the time of scraping, not the official date of the change)

committees/0/shadows/4
name
MURPHY Paul
group
European United Left - Nordic Green Left
abbr
GUE/NGL
docs/0/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE458.756
New
https://www.europarl.europa.eu/doceo/document/EMPL-PR-458756_EN.html
docs/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE460.965
New
https://www.europarl.europa.eu/doceo/document/EMPL-AM-460965_EN.html
docs/2/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE462.617&secondRef=02
New
https://www.europarl.europa.eu/doceo/document/LIBE-AD-462617_EN.html
docs/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE462.600&secondRef=02
New
https://www.europarl.europa.eu/doceo/document/FEMM-AD-462600_EN.html
docs/4/docs/0/url
Old
http://www.europarl.europa.eu/doceo/document/A-7-2011-0258_EN.html
New
https://www.europarl.europa.eu/doceo/document/A-7-2011-0258_EN.html
events/1/type
Old
Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament
events/2/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee
events/3
date
2011-07-20T00:00:00
type
Committee report tabled for plenary
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/A-7-2011-0258_EN.html title: A7-0258/2011
events/3
date
2011-07-20T00:00:00
type
Committee report tabled for plenary, single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/A-7-2011-0258_EN.html title: A7-0258/2011
events/4/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20111024&type=CRE title: Debate in Parliament
events/6
date
2011-10-25T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-7-2011-0455_EN.html title: T7-0455/2011
summary
events/6
date
2011-10-25T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-7-2011-0455_EN.html title: T7-0455/2011
summary
procedure/Modified legal basis
Rules of Procedure EP 150
procedure/Other legal basis
Rules of Procedure EP 159
procedure/legal_basis/0
Rules of Procedure EP 54
procedure/legal_basis/0
Rules of Procedure EP 052
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
rapporteur
name: UNGUREANU Traian date: 2010-09-22T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
date
2010-09-22T00:00:00
rapporteur
name: UNGUREANU Traian group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/1
type
Committee Opinion
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: BLINKEVIČIŪTĖ Vilija date: 2010-12-09T00:00:00 group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/1
type
Committee Opinion
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2010-12-09T00:00:00
rapporteur
name: BLINKEVIČIŪTĖ Vilija group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/2
type
Committee Opinion
body
EP
associated
False
committee_full
Women's Rights and Gender Equality
committee
FEMM
rapporteur
name: ČEŠKOVÁ Andrea date: 2010-10-28T00:00:00 group: European Conservatives and Reformists abbr: ECR
committees/2
type
Committee Opinion
body
EP
associated
False
committee_full
Women's Rights and Gender Equality
committee
FEMM
date
2010-10-28T00:00:00
rapporteur
name: ČEŠKOVÁ Andrea group: European Conservatives and Reformists abbr: ECR
docs/4/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-258&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-7-2011-0258_EN.html
docs/5/body
EC
events/0/docs/0/url
Old
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2010/0373/COM_COM(2010)0373_EN.pdf
New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2010/0373/COM_COM(2010)0373_EN.pdf
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-258&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-7-2011-0258_EN.html
events/6/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-455
New
http://www.europarl.europa.eu/doceo/document/TA-7-2011-0455_EN.html
activities
  • date: 2010-07-13T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2010/0373/COM_COM(2010)0373_EN.pdf title: COM(2010)0373 type: Non-legislative basic document published celexid: CELEX:52010DC0373:EN body: EC commission: DG: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion Commissioner: ANDOR László type: Non-legislative basic document published
  • date: 2010-11-25T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: S&D name: BLINKEVIČIŪTĖ Vilija group: S&D name: TURUNEN Emilie group: ALDE name: HARKIN Marian group: Verts/ALE name: CORNELISSEN Marije group: GUE/NGL name: MURPHY Paul responsible: True committee: EMPL date: 2010-09-22T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: UNGUREANU Traian body: EP responsible: False committee: FEMM date: 2010-10-28T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: ECR name: ČEŠKOVÁ Andrea body: EP responsible: False committee: LIBE date: 2010-12-09T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: BLINKEVIČIŪTĖ Vilija
  • date: 2011-06-16T00:00:00 body: EP committees: body: EP shadows: group: S&D name: BLINKEVIČIŪTĖ Vilija group: S&D name: TURUNEN Emilie group: ALDE name: HARKIN Marian group: Verts/ALE name: CORNELISSEN Marije group: GUE/NGL name: MURPHY Paul responsible: True committee: EMPL date: 2010-09-22T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: UNGUREANU Traian body: EP responsible: False committee: FEMM date: 2010-10-28T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: ECR name: ČEŠKOVÁ Andrea body: EP responsible: False committee: LIBE date: 2010-12-09T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: BLINKEVIČIŪTĖ Vilija type: Vote in committee, 1st reading/single reading
  • date: 2011-07-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-258&language=EN type: Committee report tabled for plenary, single reading title: A7-0258/2011 body: EP type: Committee report tabled for plenary, single reading
  • date: 2011-10-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20111024&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2011-10-25T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=20328&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-455 type: Decision by Parliament, 1st reading/single reading title: T7-0455/2011 body: EP type: Results of vote in Parliament
commission
  • body: EC dg: Employment, Social Affairs and Inclusion commissioner: ANDOR László
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
date
2010-09-22T00:00:00
rapporteur
name: UNGUREANU Traian group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/0
body
EP
shadows
responsible
True
committee
EMPL
date
2010-09-22T00:00:00
committee_full
Employment and Social Affairs
rapporteur
group: PPE name: UNGUREANU Traian
committees/1
type
Committee Opinion
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2010-12-09T00:00:00
rapporteur
name: BLINKEVIČIŪTĖ Vilija group: Progressive Alliance of Socialists and Democrats abbr: S&D
committees/1
body
EP
responsible
False
committee
FEMM
date
2010-10-28T00:00:00
committee_full
Women's Rights and Gender Equality
rapporteur
group: ECR name: ČEŠKOVÁ Andrea
committees/2
type
Committee Opinion
body
EP
associated
False
committee_full
Women's Rights and Gender Equality
committee
FEMM
date
2010-10-28T00:00:00
rapporteur
name: ČEŠKOVÁ Andrea group: European Conservatives and Reformists abbr: ECR
committees/2
body
EP
responsible
False
committee
LIBE
date
2010-12-09T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: S&D name: BLINKEVIČIŪTĖ Vilija
docs
  • date: 2011-02-17T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE458.756 title: PE458.756 type: Committee draft report body: EP
  • date: 2011-03-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE460.965 title: PE460.965 type: Amendments tabled in committee body: EP
  • date: 2011-05-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE462.617&secondRef=02 title: PE462.617 committee: LIBE type: Committee opinion body: EP
  • date: 2011-05-31T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE462.600&secondRef=02 title: PE462.600 committee: FEMM type: Committee opinion body: EP
  • date: 2011-07-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-258&language=EN title: A7-0258/2011 type: Committee report tabled for plenary, single reading body: EP
  • date: 2012-02-22T00:00:00 docs: url: /oeil/spdoc.do?i=20328&j=0&l=en title: SP(2012)28 type: Commission response to text adopted in plenary
events
  • date: 2010-07-13T00:00:00 type: Non-legislative basic document published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2010/0373/COM_COM(2010)0373_EN.pdf title: COM(2010)0373 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2010&nu_doc=373 title: EUR-Lex summary: PURPOSE: Communication on reaffirming the free movement of workers: rights and major developments. BACKGROUND: according to the latest Eurostat data available, 2.3% of EU citizens (11.3 million persons) reside in a Member State other than the state of which they are a citizen , and many more exercise this right at some point in their life. That number has grown by more than 40% since 2001. According to a recent Eurobarometer survey, 10% of persons polled in EU-27 replied that they had lived and worked in another country at some point in the past, while 17% intended to take advantage of free movement in the future. In principle, every EU citizen has the right to work and live in another Member State without being discriminated against on grounds of nationality. However, despite the progress that has been made, there are still legal, administrative and practical obstacles to exercising that right. A recent report on the application of the Directive 2004/38/EC concluded that its overall transposition was rather disappointing and highlighted a number of problems EU citizens on the move, workers or not, faced abroad. The conclusion drawn from the European Year of Workers’ Mobility in 2006 was that, in addition to the legal and administrative obstacles on which recent efforts have generally focused (e.g. recognition of qualifications and portability of supplementary pension rights), there are other factors that influence trans-national mobility. These include housing issues, language, the employment of spouses and partners, return mechanisms, historical ‘barriers’ and the recognition of mobility experience, particularly within SMEs. Tackling these problems therefore calls for a broader approach, combined with effective implementation of the principle of free movement. President Barroso stated in his political guidelines that the principles of free movement and equal treatment for EU citizens must become a reality in people’s everyday lives. This was followed up by the Commission proposal to promote EU mobility under the Europe 2020 strategy, and in particular in the flagship initiative ‘ An Agenda for new skills and jobs ’ CONTENT: the aim of this communication is to: present an overall picture of the rights of EU migrant workers; update the Commission’s previous communication on the subject with regard to developments in legislation and case-law, and raise awareness generally and promote the rights of migrant workers who are in a more vulnerable situation than national workers (for instance, in terms of housing, language, employment of spouses and partners etc.). Beneficiaries of free movement : the first part of the Communication discusses the EU rules on free movement of workers. the principle of the free movement of workers is enshrined in Article 45 TFEU and has been developed through secondary law (Regulation (EEC) No 1612/68 and Directive 2004/38/EC, as well as Directive2005/36/EC) and by the case-law of the European Court of Justice. The existing body of EU law in this area gives European citizens the right to move freely within the EU for work purposes and protects the social rights of workers and of their family members. It protects them from discrimination as regards employment, remuneration and other working conditions in comparison to their colleagues who are nationals of that Member State. Every national of a Member State has the right to work in another Member State. The term ‘worker’ has a meaning in EU law and covers any person who undertakes genuine and effective work for which he is paid under the direction of someone else. It does not cover third country migrant workers. It is the responsibility of the national authorities to undertake, in the light of that definition, a case-by-case evaluation to establish whether those criteria are met. In addition to meeting the definition of a worker, a person must be a migrant worker in order to be covered by EU law, i.e. he or she must have exercised his or her right to free movement: EU rules apply when a person works in a Member State other than his country of origin or in his country of origin while residing abroad. Other categories of persons also fall within the scope of Article 45 TFEU: family members of the worker, people retaining the status of worker, and jobseekers under certain conditions. Rights of migrant workers : the Communication describes the rights currently enjoyed by EU migrant workers taking into account the development of legislation over the last ten years. It discusses the implications of a series of judgements on the subject by the ECJ, as well as the manner in which these judgements apply to the rights of migrant workers. Jobseeking and access to benefits : EU citizens have the right to look for employment in another Member State and to receive the same assistance from the national employment office there as nationals of that Member State. While such jobseekers were previously considered as having to be treated on an equal footing with nationals as regards access to work alone, the ECJ concluded that they should also qualify for equal treatment with regard to access to benefits of a financial nature intended to facilitate access to employment on the labour market of the host Member State. However, to limit the strain on social assistance systems, the ECJ added that a Member State could require that there be a genuine link between the jobseeker and the geographic employment market in question, such as the person needing to have, for a reasonable period, genuinely sought work in the Member State in question. Access to work under the same conditions as national workers : EU citizens have the right to take up an activity in another Member State under the same conditions as those that apply to its own nationals. However, one restriction and several specific aspects apply, dealing with the recognition of professional qualifications language requirements, access to public sector posts and free movement of sports people. Equal treatment : Article 45(2) TFEU entails the abolition of any discrimination based on nationality between workers of the Member State as regards employment, remuneration and other conditions of work and employment. EU law entitles migrant workers to the same social advantages as national workers from the first day of their employment in the host Member State. The concept of social advantage is very broad and covers financial benefits75 and non financial advantages which are not traditionally perceived as social advantages. With regard to tax advantages, in spite of the absence of harmonising measures at EU level, Member States may not introduce legislation discriminating directly or indirectly on the basis of nationality. There is a growing body of ECJ case-law on the application of the Treaty freedoms to direct taxes, including Article 45 TFEU. Residence rights : historically, migrant workers have enjoyed better conditions as regards certain rights related to residence than non-active EU citizens. The Directive, which brings together previous rules on EU citizens’ residence rights, continues to distinguish between economically active and non –active EU citizens. Family members : family members of migrant workers, regardless of their nationality or whether they are dependent of the EU citizen, have the right to work in the host Member State. Migrant workers’ children, whatever their nationality, have the right to education in the host Member State on the same terms as its nationals. Family members of migrant workers have access to social advantages, including study grants, without any residence conditions or previous periods of residence in the host Member State. Better enforcement and administrative cooperation : as shown by the foregoing, the legal framework for free movement of workers is substantive, detailed and well-developed. Making workers, members of their families and stakeholders aware of the rights, opportunities and instruments that exist to promote and guarantee freedom of movement is a key point in enforcing EU law. The Commission is conducting a broader exercise aimed at tackling comprehensively all obstacles European citizens encounter when they exercise their rights as Union citizens in all aspects of their daily lives. To this end, the Commission has announced its intention to present a Report on Citizenship in its 2010 Work Programme. For workers in particular, the Commission will look at how the social partners and NGOs can play a part in helping to strengthen their rights and to make them effective, with the support of the existing network of academic experts. Despite the improvement brought about by recent developments, the issue of the enforceability of Regulation (EEC) No 1612/68 still needs attention. The Commission will explore ways of tackling the new needs and challenges (in particular in the light of new patterns of mobility) facing EU migrant workers and their family members. In the context of the new strategy for the single market it will consider how to promote mechanisms for the effective implementation of the principle of equal treatment for EU workers and members of their families exercising their right to free movement.
  • date: 2010-11-25T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2011-06-16T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Employment and Social Affairs adopted an own-initiative report by Traian UNGUREANU (EPP, RO) on promoting workers’ mobility within the European Union in response to a Commission communication on the question. Living and working in a different Member State is one of the Union's fundamental freedoms -, a basic component of Union citizenship and recognised by the Treaties. Yet statistics show that still too few people take advantage of this right despite the specific initiatives taken to support workers' mobility. Workers can face difficulties and challenges when seeking employment in a Member State that is not their own and the current workers’ mobility rate is not sufficient to enhance labour market efficiency in the European Union with only 2.3% of people in the EU residing in a Member State other than the state of which they are citizens. Despite EU legal acts and programmes aimed at promoting free movement of workers, there are barriers to the full implementation of this fundamental freedom (e.g. social, linguistic, cultural , legal and administrative barriers, poor return policies that do not meet the needs of migrant workers, lack of recognition of mobility experience, difficulties concerning the employment of spouses or partners, and a delayed process for the recognition of diplomas and professional qualifications). Although Members welcome the Commission’s communication, which describes and explains the current state of play, they regret the lack of concrete measures or solutions to the problems of mobility. Members therefore call on the Commission to: extend and improve the scope of projects aiming at increasing women’s labour mobility ; further promote labour mobility by presenting a long-term, comprehensive, multidisciplinary, mobility strategy to ban all existing legal, administrative and practical barriers to free movement of workers; enhance the mobility of the workforce by planning and promoting further strategies to provide simplified information concerning the rights of migrant workers and the benefits of mobility. Members call on the Member States to: remove obstacles to workers’ mobility by offering women who follow their husbands or partners to another Member State appropriate services to facilitate their integration into their new social and cultural environment; create mechanisms of cooperation aimed at preventing the devastating effects on families, especially on children, caused by the separation from their parents and the distance between them. Administrative simplification and legal aspects : the Committee urges the Commission to promote the streamlining of administrative practices and administrative cooperation so as to allow synergies between national authorities. It encourages Member States to create more effective channels of communication between migrant workers and the corresponding State services, so that workers have full access to information regarding their rights and obligations and stresses that ‘workers’ rights’ can be better implemented if and when an EU migrant is employed in a legally paid activity in a host Member State. It calls on the Commission to fully exercise its prerogatives under the Treaties, by continuous and comprehensive monitoring of the implementation of Directive 2004/38/EC, which affects the exercise of free movement of workers including, if necessary, the exercise of its right to initiate infringement procedures against non-compliant Member States. The Committee also calls on the Member States to review their provisions regulating the transitional periods for access to their labour markets. It welcomes the recent decision of some Member States to fully open their labour markets to some of the Member States that joined the EU in 2004. It deplores the recent legislative proposals in other Member States intended to undermine the rights of workers from the Member States that joined the EU in 2004 and 2007 and calls on the Commission to investigate whether such policies infringe EU law. Members call on the Commission to: strengthen the current legal framework on recognition of professional qualifications set out in Directive 2005/36/EC; revise Council Regulation (EC) No 1612/68 on freedom of movement for workers within the Community in order to take into account the proposals made by the European Parliament in this resolution; ensure that Member States apply the 'Brussels I'-regulation (Council Regulation (EC) No 44/2001) regarding jurisdiction recognition and enforcement of judgements in civil and commercial matters; ensure that Member States implement Directive 2004/38/EC without any discrimination, including on grounds of sexual orientation. Links with other policies: Members consider that action must be coordinated, especially in the fields of completion of the internal market, coordination of social security systems, supplementary pension rights, protection of workers, cross-border health care, education and vocational training, tax measures such as those designed to avoid double taxation, and anti-discrimination. They call on the Commission and the Member States to make sure that free movement is never exploited with a view to unequal treatment, wage and social dumping. They congratulate the Commission to linking workers' mobility with the Europe 2020 Strategy and take the view that this is of crucial importance to boost welfare within the EU through sound and sustainable job creation. Members consider that enabling migrant workers to enjoy portable social security rights is essential in ensuring that they effectively benefit from the prerogatives they have acquired. In their view, SMEs can act as a trigger for economic recovery and development, being the primary source for job creation. They thus reiterate the need for an EU commitment to supporting and developing SMEs, particularly through active labour policies and vocational education and training programmes. Measures to promote free movement: Members stress that efficient controls are an essential element to guarantee equal treatment and a level playing field. They call on the Member States to increase labour inspection and give labour inspections sufficient resources. They encourage the Commission to pursue its initiatives aimed at promoting the geographical mobility of young people through learning mobility schemes. They welcome the Commission’s plan to establish a regular systematic assessment of long -term supply and demand in the EU labour markets up to 2020 and strongly advise the coordination of labour and educational policies between Member States with a view to meeting the targets set in the EU 2020 Strategy regarding job creation and avoiding future indirect barriers that may hinder the exercise of the right of free movement. Employment services and information of workers: Members call for developing EURES' institutional capabilities and its reinforcement of the one-stop instrument to facilitate mobility of workers and their families. They call on the Commission and Member States to take the necessary steps to make cooperation between EURES and the corresponding national public authorities more productive and effective. They urge strengthening the implementation of the Council Directive 91/533/EEC on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (so-called "Information Directive"). They invite Member States to monitor the activities of recruitment agencies more strictly in order to ensure that the rights of mobile workers are not violated or their expectations disappointed. They call on the Commission and Member States to monitor the situation of agencies and organisations offering jobs to workers from other Member States and to detect potential illegal or black market employment, or agencies or organisations providing fictitious jobs. Gathering skills and knowledge to become more competitive : Members take the view that active labour market policies and in particular vocational training and life-long learning, must be reinforced as they can contribute to increasing labour mobility, facilitate transitions in times of structural unemployment, and allowing workers to adapt to labour market changes. They call on the Commission and the Member States to cooperate on achieving higher comparability of school and University curricula and education systems in the EU , through simplified mutual recognition of diplomas . Lastly, they encourage Member States to boost the participation of SMEs in lifelong learning by providing incentives for their respective employees and employers with particular emphasis on learning languages and the new technologies .
  • date: 2011-07-20T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-258&language=EN title: A7-0258/2011
  • date: 2011-10-24T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20111024&type=CRE title: Debate in Parliament
  • date: 2011-10-25T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=20328&l=en title: Results of vote in Parliament
  • date: 2011-10-25T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-455 title: T7-0455/2011 summary: The European Parliament adopted a resolution on promoting workers’ mobility within the European Union in response to a Commission communication on the question. Living and working in a different Member State is one of the Union's fundamental freedoms -, a basic component of Union citizenship and recognised by the Treaties. Yet statistics show that still too few people take advantage of this right despite the specific initiatives taken to support workers' mobility. Workers can face difficulties and challenges when seeking employment in a Member State that is not their own and the current workers’ mobility rate is not sufficient to enhance labour market efficiency in the European Union with only 2.3% of people in the EU residing in a Member State other than the state of which they are citizens. Despite EU legal acts and programmes aimed at promoting free movement of workers, there are barriers to the full implementation of this fundamental freedom (e.g. social, linguistic, cultural , legal and administrative barriers, poor return policies that do not meet the needs of migrant workers, lack of recognition of mobility experience, difficulties concerning the employment of spouses or partners, and a delayed process for the recognition of diplomas and professional qualifications). Although Parliament welcomes the Commission’s communication, which describes and explains the current state of play, they regret the lack of concrete measures or solutions to the problems of mobility. Parliament calls on the Member States to remove obstacles to workers' mobility by offering persons (the majority of whom are women) who follow their spouses or partners to another Member State appropriate services such as courses to facilitate their integration into their new social and cultural environment, for example language courses and vocational courses. Other measures are proposed: extend and improve the scope of projects aiming at increasing women’s labour mobility ; further promote labour mobility by presenting a long-term, comprehensive, multidisciplinary, mobility strategy to ban all existing legal, administrative and practical barriers to free movement of workers; promote further strategies to provide simplified information concerning the rights of migrant workers and the benefits of mobility for the overall process of development and for the economies of both the EU and its Member State; mitigate at EU level the negative side effects of increased mobility , leading to brain drain and youth drain; enhance the mobility of the workforce by planning and promoting further strategies to provide simplified information concerning the rights of migrant workers and the benefits of mobility; remove obstacles to workers’ mobility by offering women who follow their husbands or partners to another Member State appropriate services to facilitate their integration into their new social and cultural environment; create mechanisms of cooperation aimed at preventing the devastating effects on families, especially on children, caused by the separation from their parents and the distance between them. Administrative simplification and legal aspects : Parliament urges the Commission to promote the streamlining of administrative practices and administrative cooperation so as to allow synergies between national authorities. It encourages Member States to create more effective channels of communication between migrant workers and the corresponding State services, so that workers have full access to information regarding their rights and obligations and stresses that ‘workers’ rights’ can be better implemented if and when an EU migrant is employed in a legally paid activity in a host Member State. Parliament is concerned by the poor transposition and implementation of current directives on free movement of workers, especially Directive 2004/38/EC with respect to the right of entry and residence for third-country family members, and cumbersome administrative procedures and additional residence documents (work permits, evidence of satisfactory accommodation) inconsistent with Directive 2004/38/EC. It calls on the Commission to fully exercise its prerogatives under the Treaties, by continuous and comprehensive monitoring of the implementation of Directive 2004/38/EC, which affects the exercise of free movement of workers including, if necessary, the exercise of its right to initiate infringement procedures against non-compliant Member States. Member States are called upon to review their provisions regulating the transitional periods for access to their labour markets, which, in the long term, can have negative effects on the fundamental values and rights enshrined in the EU Treaties, such as freedom of movement, non-discrimination and solidarity and equal rights. Links with other policies : Parliament notes that the right of free movement of workers cannot be viewed in isolation from other rights and basic principles of the EU and that respect for the European social model and the rights guaranteed in the European Convention on Human Rights, as reflected in the EU Charter of Fundamental Rights, will offer the possibility of decent jobs, adequate working conditions, including protection and safety at work, social security rights, equal treatment, reconciliation of family and working life and the freedom to provide services. The importance of equal treatment of workers is stressed, combined with the adequate protection of labour rights, to be in accordance with the rules in force laid down in national legislation and collective agreements in the Member State concerned. Members believe that the principle of ‘equal pay for the same work in the same place’ in conjunction with gender equality should apply throughout the EU in order to prevent wage and social dumping . The resolution urges the Member States and the Commission to strengthen EU policy on fighting direct and indirect discrimination. Member States are encouraged to increase the attention which authorities responsible for monitoring the labour market devote to protecting the rights of mobile workers, particularly by improving education and raising of awareness in the field of labour law. Parliament considers that, for the efficient implementation of all policies tackled by the free movement of workers, action must be coordinated, especially in the fields of completion of the internal market, coordination of social security systems, supplementary pension rights, protection of workers, cross-border health care, education and vocational training, tax measures such as those designed to avoid double taxation, and anti-discrimination. Parliament reiterates that, in order to avoid inconsistencies in the area of the EU internal market, for the purpose of employment, Member States must give preference to Union citizens and may give preference to third-country nationals who apply for highly qualified employment. Members stress the importance of rejecting applications for an EU Blue Card in labour market sectors for which the access to workers from other Member States is restricted on the basis of transitional arrangements. Member States should also tackle the issue of false self-employment among mobile workers and give these workers access to rights and protection. Measures to promote free movement : Members stress that efficient controls are an essential element to guarantee equal treatment and a level playing field. They call on the Member States to increase labour inspection and give labour inspections sufficient resources. They encourage the Commission to pursue its initiatives aimed at promoting the geographical mobility of young people through learning mobility schemes. They welcome the Commission’s plan to establish a regular systematic assessment of long -term supply and demand in the EU labour markets up to 2020 and strongly advise the coordination of labour and educational policies between Member States with a view to meeting the targets set in the EU 2020 Strategy regarding job creation and avoiding future indirect barriers that may hinder the exercise of the right of free movement. The Commission is called upon to explore and publish both positive effects and drawbacks derived from labour mobility for the host and home countries and the EU , from a socio-economic and geographical cohesion point of view, highlighting consequences such as: economical losses, increased undeclared work and abusive working conditions due to unclear legal situation when transitionary measures are in place, lack of awareness of rights among EU citizens and the outcomes due to delayed actions by Member States to integrate EU workers from the 2004 and 2007 integration wave. Employment services and information of workers : Members call for developing EURES' institutional capabilities and its reinforcement of the one-stop instrument to facilitate mobility of workers and their families. They call on the Commission and Member States to take the necessary steps to make cooperation between EURES and the corresponding national public authorities more productive and effective. Parliament urges strengthening the implementation of the Council Directive 91/533/EEC on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (so-called "Information Directive"). It invites Member States to monitor the activities of recruitment agencies more strictly in order to ensure that the rights of mobile workers are not violated or their expectations disappointed. It calls on the Commission and Member States to monitor the situation of agencies and organisations offering jobs to workers from other Member States and to detect potential illegal or black market employment, or agencies or organisations providing fictitious jobs. Gathering skills and knowledge to become more competitive : Members take the view that active labour market policies and in particular vocational training and life-long learning, must be reinforced as they can contribute to increasing labour mobility, facilitate transitions in times of structural unemployment, and allowing workers to adapt to labour market changes. They call on the Commission and the Member States to cooperate on achieving higher comparability of school and University curricula and education systems in the EU , through simplified mutual recognition of diplomas . Lastly, Parliament encourages Member States to boost the participation of SMEs in lifelong learning by providing incentives for their respective employees and employers with particular emphasis on learning languages and the new technologies .
  • date: 2011-10-25T00:00:00 type: End of procedure in Parliament body: EP
links
other
  • body: EC dg: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion commissioner: ANDOR László
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
procedure/dossier_of_the_committee
Old
EMPL/7/04573
New
  • EMPL/7/04573
procedure/legal_basis/0
Rules of Procedure EP 052
procedure/legal_basis/0
Rules of Procedure of the European Parliament EP 052
procedure/subject
Old
  • 2.30 Free movement of workers
  • 4.15.04 Workforce, occupational mobility, job conversion, working conditions
  • 7.10 Free movement and integration of third-country nationals
New
2.30
Free movement of workers
4.15.04
Workforce, occupational mobility, job conversion, working conditions
7.10
Free movement and integration of third-country nationals
activities
  • date: 2010-07-13T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2010/0373/COM_COM(2010)0373_EN.pdf title: COM(2010)0373 type: Non-legislative basic document published celexid: CELEX:52010DC0373:EN body: EC commission: DG: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion Commissioner: ANDOR László type: Non-legislative basic document published
  • date: 2010-11-25T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: S&D name: BLINKEVIČIŪTĖ Vilija group: S&D name: TURUNEN Emilie group: ALDE name: HARKIN Marian group: Verts/ALE name: CORNELISSEN Marije group: GUE/NGL name: MURPHY Paul responsible: True committee: EMPL date: 2010-09-22T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: UNGUREANU Traian body: EP responsible: False committee: FEMM date: 2010-10-28T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: ECR name: ČEŠKOVÁ Andrea body: EP responsible: False committee: LIBE date: 2010-12-09T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: BLINKEVIČIŪTĖ Vilija
  • date: 2011-06-16T00:00:00 body: EP committees: body: EP shadows: group: S&D name: BLINKEVIČIŪTĖ Vilija group: S&D name: TURUNEN Emilie group: ALDE name: HARKIN Marian group: Verts/ALE name: CORNELISSEN Marije group: GUE/NGL name: MURPHY Paul responsible: True committee: EMPL date: 2010-09-22T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: UNGUREANU Traian body: EP responsible: False committee: FEMM date: 2010-10-28T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: ECR name: ČEŠKOVÁ Andrea body: EP responsible: False committee: LIBE date: 2010-12-09T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: BLINKEVIČIŪTĖ Vilija type: Vote in committee, 1st reading/single reading
  • date: 2011-07-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-258&language=EN type: Committee report tabled for plenary, single reading title: A7-0258/2011 body: EP type: Committee report tabled for plenary, single reading
  • date: 2011-10-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20111024&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2011-10-25T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=20328&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-455 type: Decision by Parliament, 1st reading/single reading title: T7-0455/2011 body: EP type: Results of vote in Parliament
committees
  • body: EP shadows: group: S&D name: BLINKEVIČIŪTĖ Vilija group: S&D name: TURUNEN Emilie group: ALDE name: HARKIN Marian group: Verts/ALE name: CORNELISSEN Marije group: GUE/NGL name: MURPHY Paul responsible: True committee: EMPL date: 2010-09-22T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PPE name: UNGUREANU Traian
  • body: EP responsible: False committee: FEMM date: 2010-10-28T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: ECR name: ČEŠKOVÁ Andrea
  • body: EP responsible: False committee: LIBE date: 2010-12-09T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: BLINKEVIČIŪTĖ Vilija
links
other
  • body: EC dg: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion commissioner: ANDOR László
procedure
dossier_of_the_committee
EMPL/7/04573
reference
2010/2273(INI)
title
Promoting workers' mobility within the European Union
legal_basis
Rules of Procedure of the European Parliament EP 052
stage_reached
Procedure completed
subtype
Initiative
Modified legal basis
Rules of Procedure of the European Parliament EP 150
type
INI - Own-initiative procedure
subject