2015/2326(INI) | [ParlTrack]

Draft opinion
Paragraph 1

Amendment 10 #

Jérôme LAVRILLEUX

Draft opinion
Paragraph 2

2. Notes that timely and correct transposition of EU law into national legislation and a clear domestic legislative framework should be a priority for the Member States, taking into account the numerous delays in a number of Member States in this regard, in order to reduce breaches of EU law and therefore deliver the benefits to people and business which the efficient and effective application of Community law makes possible;

Amendment 11 #

Draft opinion
Paragraph 2 a (new)

2a. Notes that since national parliaments are directly elected by the voters the power over all legislation which affects EU citizens should rest ultimately with the national parliaments and not the European Commission;

Amendment 12 #

Ádám KÓSA

Draft opinion
Paragraph 2 a (new)

2a. Calls on the Commission to make further efforts and to draw up a legislative proposal – possibly including a proposed amendment to the Treaty – with a view to the establishment of greater, more transparent and clearer regulation of the adoption and application of delegated and implementing acts in accordance with the principles and objectives of the Lisbon Treaty, with due regard for the role of the European Parliament as a co-legislator and without opting for any further administrative and commitology solutions;

Amendment 13 #

Siôn SIMON, Elena GENTILE, Jutta STEINRUCK, Richard HOWITT

Draft opinion
Paragraph 3

3. Highlights the fact that in 2014 the Commission received its highest number of new complaints in the areas of employment, social affairs and inclusion since 2011; notes that it has taken the Commission longer than normal to respond to certain complaints in the areas of employment, social affairs and inclusion;

Amendment 14 #

Draft opinion
Paragraph 3

3. Highlights the fact that in 2014 there were 3715 new complaints registered and the Commission received its highest number of new complaints (666) in the area of employment, social affairs and inclusion since 2011;1 b ; ___________ 1b Monitoring the application of Union law, 2014 Annual Report, p. 8

Amendment 15 #

Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Tania GONZÁLEZ PEÑAS

Draft opinion
Paragraph 3

3. Highlights the fact that in 2014 the Commission received its highest number of new complaints in the area of employment, social affairs and inclusion since 2011; regrets that as regards employment and social policies there are tendencies in the Commission to use the power to launch infringement in a selective way; recalls that lack of implementation as well as the incorrect or non-application of EU legislation by Member States renders legislation ineffective, significantly reduces social and employment rights and therefore needs to be followed up by action at EU level;

Amendment 16 #

Draft opinion
Paragraph 3

3. Highlights the fact that in 2014 the Commission received its highest number of new complaints in the area of employment, social affairs and inclusion since 2011; stresses the fundamental role of trade unions and civil society organisations in monitoring shortcomings in the transposition and application of EU law by Member State authorities;

Amendment 17 #

Siôn SIMON, Elena GENTILE, Brando BENIFEI, Richard HOWITT

Draft opinion
Paragraph 3 a (new)

3a. Highlights the fact that in 2014 there we no significant European court of Justice rulings in the field of employment, social affairs and inclusion;

Amendment 18 #

Draft opinion
Paragraph 3 a (new)

3a. Points out that of the 2341 complaints dealt with by the European SOLVIT network in 2014, 1458 concerned the access to and use of social security rights under Regulation 883/2004/EC, with the highest numbers registered for cases regarding child benefits, pensions and unemployment benefits;

Amendment 19 #

Draft opinion
Paragraph 3 b (new)

3b. Calls on the Commission to present the long overdue revision of 883/2004/EC as well as its implementation regulation as soon as possible to ensure everyone fully enjoys their social security rights; reminds Member States of their obligation to cooperate closely on this so as to avoid that mobile EU citizens are deprived of their rights; calls on the Administrative Commission for the coordination of social security systems to evaluate on an annual basis which problems are most recurrent, put forward concrete suggestions on how to improve the situation and publish this evaluation and suggestions;

Amendment 2 #

Claude ROLIN

Draft opinion
Paragraph 1

1. Underlines the fact that the Commission has the power and duty to oversee the application of EU law and to launch infringement proceedings against those Member States that have failed to fulfil an obligation under the Treaties; calls, nevertheless, on the Commission, before launching formal infringement proceedings, to give priority to the EU Pilot initiative and embark on a process of dialogue with the Member States; reminds Member States that EU law is an integral part of their national law and that they have a responsibility to apply it correctly;

Amendment 20 #

Draft opinion
Paragraph 4

4. Points out that the number of new late transposition ~~cases~~ infringement cases in the area of employment (17)increased slightly in 2014 compared to the previous year (13) and all of these were related to labour law;1 a; ___________ 1a Commission Staff Working Document, 2014 Annual Report, Part I: Policy areas, p. 40

Amendment 21 #

Jérôme LAVRILLEUX

Draft opinion
Paragraph 4

4. Points out that the number of new late transposition cases increased slightly in 2014 compared to the previous year and that all of these were related to labour law, and calls on the Member States to take action, including legislative action, to ensure the practical and beneficial transposition of EU directives into all national legal systems;

Amendment 22 #

Siôn SIMON, Jutta STEINRUCK, Richard HOWITT, Elena GENTILE

4. Points out that the number of new late transposition cases increased slightly in 2014 compared to the previous year and all of these were related to labour law; points out that late transposition is a persistent problem which averts people and stakeholders from receiving the benefit of Union law; stresses that late transposition has a negative effect on the overall legal certainty and the level playing field of Single Market;

Amendment 23 #

Draft opinion
Paragraph 4

4. Points out that the number of new late transposition cases increased slightly in 2014 compared to the previous year and all of these were related to labour law; recalls that late transposition of labour law often means delayed or non-use of rights for individuals;

Amendment 24 #

Anne SANDER

Draft opinion
Paragraph 4 a (new)

4a. Stresses that transposition delays are an obstacle to the proper functioning of the internal market and go against the interests of citizens and businesses, depriving them of some of their rights; calls, in this regard, on the Member States to transpose as quickly as possible Directive 2011/24/EU on the application of patients’ rights in cross-border healthcare in order to ensure that all Europeans have access to quality healthcare in another Member State;

Amendment 25 #

Draft opinion
Paragraph 4 a (new)

4a. Stresses that at the end of 2014, there were 1347 infringement cases opened including 72 which were related to employment4 a ; ___________ 4a Monitoring the application of Union law, 2014 Annual report, p. 15

Amendment 26 #

Anne SANDER

Draft opinion
Paragraph 4 b (new)

4b. Welcomes the fact that the Commission, as part of its Regulatory Fitness and Performance Programme (REFIT), is paying close attention to the issue of implementation and enforcement of EU legislation to prevent and limit the number of cases of late transposition by Member States;

Amendment 27 #

Draft opinion
Paragraph 4 b (new)

4b. Takes note of the fact that reasons for late transposition of directives varies from country to country, urges the Commission to conduct an in-depth analyses in Members States in order to gain comprehensive knowledge in this area and to combat future late transposition by providing solutions which are compatible with legal contingencies of particular Member States;

Amendment 28 #

Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Tania GONZÁLEZ PEÑAS

Draft opinion
Paragraph 4 c (new)

4c. Welcomes the fact that the Commission has made the effort to decrease the number of formal infringement procedures in the last five years through effective structured dialogue with Member States via EU Pilot initiated before a formal infringement procedure was launched;

Amendment 29 #

Draft opinion
Paragraph 5

5. Urges the Commission, when drafting and assessing legislation, to ~~take greater ac~~ensure adequate parliamentary participation, count ~~of the burden it may impose on SMEs, which create 85% of new job~~rol and supervision, as well as the involvement of social partners;

Amendment 3 #

Amjad BASHIR, Anthea McINTYRE, Ulrike TREBESIUS, Zdzisław KRASNODĘBSKI, Jana ŽITŇANSKÁ

Draft opinion
Paragraph 1

1. Underlines the fact that the Commission has the power and duty to oversee the application of EU law and to launch infringement proceedings against those Member States that have failed to fulfil an obligation under the Treaties; underlines that it would strengthen the democratic legitimacy of the Union if the European Parliament, in line with its right to call for legislative initiative, also receives the right to call on the Commission to launch infringement;

Amendment 30 #

Draft opinion
Paragraph 5

5. Urges the Commission~~, when drafting and assessing legislation,~~ to take greater account of the burden ithat legislation may impose on SMEs, which create 85% of new jobs; calls therefore upon the Council, the Commission and the Parliament to ensure the 'think-small- first' principle is applied when drafting and amending legislation;

Amendment 31 #

Siôn SIMON, Richard HOWITT

Draft opinion
Paragraph 5

5. Urges the Commission, when drafting and assessing legislation, to take ~~greater~~full account of the burden ~~it may impose on~~and benefits it may create for people and others affected by this legislation, including SMEs, which created 85% of new jobs between 2002 and 2010;

Amendment 32 #

Anne SANDER

Draft opinion
Paragraph 5

5. Urges the Commission, when drafting and assessing legislation, to take greater account of the burden it may impose on SMEs, which ~~create 85% of new jobs~~account for 99% of European businesses and create 85% of new jobs; stresses, in this connection, the need to apply the ‘Think Small First’ principle, which must underpin all regulation, so that it no longer places an additional regulatory and administrative burden on SMEs but instead guarantees a stable regulatory environment conducive to their development;

Amendment 33 #

Claude ROLIN

Draft opinion
Paragraph 5

5. Urges the Commission, when drafting and assessing legislation, to take greater account of the burden it may impose on SMEs, which create 85% of new jobs; stresses, however, that all employees have the right to enjoy the highest possible level of protection as regards health and safety at work, regardless of the size of the company which employs them;

Amendment 34 #

Draft opinion
Paragraph 5

5. Urges the Commission, when drafting and assessing legislation, to take greater account of the burden it may impose on SMEs, which create 85% of new jobs; underlines the need to not only assess financial factors and short-term effects but also the long-term value of legislation including societal benefits which are often difficult to quantify in economic terms;

Amendment 35 #

Mara BIZZOTTO

Draft opinion
Paragraph 5 – subparagraph 1 (new)

Deplores the fact that, although the Directive (2011/7/EU) on combating late payment in commercial transactions requires public authorities to pay invoices within 30-60 days, data from the CGIA association of SMEs and craft undertakings in Mestre indicate that in Italy the public authorities still take 144 days to pay their bills, which is reduced to 106 days where electronic invoicing has been introduced, as against the European average of 38 days;

Amendment 36 #

Draft opinion
Paragraph 5 a (new)

5a. Notes that since the driving force behind growth and jobs in all EU member states is private sector employment there should be a reduction in EU laws governing employment led by national parliaments to encourage business start- ups and expansion;

Amendment 37 #

Arne GERICKE

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission to expand the remits of the Special Adviser for Better Regulation and the Impact Assessment Board in such a way that in future not only bureaucratic consequences for SMEs and industry but also the direct increase in the burden on individual citizens and families is examined and consistently reduced;

Amendment 38 #

Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Tania GONZÁLEZ PEÑAS

Draft opinion
Paragraph 5 a (new)

5a. Underlines the important role of social partners and other stakeholders in the creation of legislation by monitoring through reporting shortcomings in transposition and application of EU law by Member States; takes note of the Commissions acknowledgment of stakeholders' role by launching, in 2014, new tools which facilitate this process;

Amendment 39 #

Draft opinion
Paragraph 5 a (new)

5a. Expresses its concern at the Commission's initiatives under the "Better Regulation" agenda, which is being used to lower the rights and protection afforded to workers under existing regulation;

Amendment 4 #

Amjad BASHIR, Anthea McINTYRE, Ulrike TREBESIUS, Zdzisław KRASNODĘBSKI

Draft opinion
Paragraph 1 a (new)

1a. Believes that EU law should not supersede national law and that national parliaments be allowed to ignore implementing Union legislation for any reason; Believes that as the Commission is not directly elected it should not have the power to initiate or enforce EU laws;

Amendment 40 #

Siôn SIMON, Jutta STEINRUCK, Richard HOWITT, Brando BENIFEI, Elena GENTILE

Draft opinion
Paragraph 5 a (new)

5a. Calls on further measures to ensure effective monitoring and enforcement of legislation, including timely transposition and compliance with the objectives of the legislation, and to deal with damaging loopholes where they arise; stresses the need for clearly-worded legislation in order to facilitate compliance in this context;

Amendment 41 #

Draft opinion
Paragraph 5 a (new)

5a. Believes that an Annual Burden Survey would allow legislators to more easily identify where the administrative burden of EU legislation could be reduced with a view to increasing compliance, aiding swift implementation and cutting red-tape; calls on the Commission to introduce Burden Reduction Targets;

Amendment 42 #

Amjad BASHIR, Anthea McINTYRE, Ulrike TREBESIUS, Zdzisław KRASNODĘBSKI, Jana ŽITŇANSKÁ

Draft opinion
Paragraph 5 b (new)

5b. Believes that impact assessments should include SME and competitiveness tests in order to ensure that companies and SMEs in particular, are not overburdened by new legislation;

Amendment 43 #

Siôn SIMON, Richard HOWITT, Brando BENIFEI

Draft opinion
Paragraph 5 b (new)

5b. Stresses, however, that EU legislation sets only minimum standards which can be improved by member States by national legislation; emphasises that the Commission´s focus on gold-plating as a negative practice for employment legislation runs contrary the principle of the EU Treaty including art 151 TFEU for the protection and improvement of living and working conditions;

Amendment 44 #

Amjad BASHIR, Anthea McINTYRE

Draft opinion
Paragraph 5 c (new)

5c. Believes that an external, independent regulatory scrutiny board involving independent experts for the whole policy cycle and common to the three Institutions should be established to supervise their respective impact assessments;

Amendment 45 #

Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Tania GONZÁLEZ PEÑAS

Draft opinion
Paragraph 6

Amendment 46 #

Draft opinion
Paragraph 6

6. ~~Welcom~~Notes the efforts made by the Commission during the past years and acknowledges the range of measures that have been put in place to assist the Member States with implementation such as correlation tables, an annual scoreboard and guidelines; is concerned by the discretion of the Commission in setting up these instruments;

Amendment 47 #

Siôn SIMON, Brando BENIFEI, Richard HOWITT

Draft opinion
Paragraph 6

6. Welcomes the efforts made by the Commission during the past years and acknowledges the range of measures that have been put in place to assist the Member States with implementation such as correlation tables, an annual scoreboard and guidelines; welcomes the fact that the Commission provides implementation plans to make it easier to apply the Union law without delay and effectively; points out the importance of the Commission monitoring the use of implementation plans by Member States;

Amendment 48 #

Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Tania GONZÁLEZ PEÑAS

Draft opinion
Paragraph 7

Amendment 49 #

Draft opinion
Paragraph 7

Amendment 5 #

Amendment 50 #

Draft opinion
Paragraph 7

7. Calls on the Commission and the Member States to coordinate their efforts ~~at an earlier stage of the legislative process~~regarding implementation at an earlier stage in the legislative process and to fully respect the ordinary legislative procedure, and reminds the Commission to involve both Parliament and Member States at an early stage with a view to ensuring that future EU law can be implemented more effectively;

Amendment 51 #

Amjad BASHIR, Anthea McINTYRE, Ulrike TREBESIUS, Zdzisław KRASNODĘBSKI, Jana ŽITŇANSKÁ

Draft opinion
Paragraph 7

7. CWelcomes the European Commission's ongoing revision of the existing legislation under Better Regulation Agenda which aims at ensuring the high quality of EU legislation in terms of transparency, public consultation, implementation and compliance with the principle of subsidiarity, therefore calls on the Commission and the Member States to coordinate their efforts at an earlier stage of the legislative process with a view to ensuring that future EU law can be implemented more effectively, since overregulation might cause more harm to business and employment;

Amendment 52 #

Siôn SIMON

Draft opinion
Paragraph 7

7. Calls on the Commission and the Member States to coordinate their efforts at an earlier stage of the legislative process with a view to ensuring that future EU law can be implemented more effectively; points out, however, that such a coordination must be without prejudice to the prerogative of the legislator;

Amendment 53 #

Draft opinion
Paragraph 7

7. Calls on the Commission and the Member States to coordinate their efforts at an earlier stage of the legislative process with a view to ensuring that future EU law can be implemented more effectively; underlines the important role and democratic legitimacy of the Member States in this respect;

Amendment 54 #

Amjad BASHIR, Anthea McINTYRE, Ulrike TREBESIUS, Zdzisław KRASNODĘBSKI, Jana ŽITŇANSKÁ

Draft opinion
Paragraph 7 a (new)

7a. Stresses that the principle of equal treatment and non-discrimination is well established in the Community law, therefore it should be taken into consideration and respected while drafting EU legislation;

Amendment 55 #

Draft opinion
Paragraph 7 a (new)

7a. Recalls Article 155 TFEU; Calls on the social partners to embrace better regulation tools, to increase the use of impact assessments in their negotiations and to refer agreements proposing legislative action to the Commission's Impact Assessment Board;

Amendment 56 #

Draft opinion
Paragraph 8

~~8. Calls on the Commission to strengthen cooperation with the Member States in order to speed up the correction of breaches of EU law where necessary;~~deleted

Amendment 57 #

Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Tania GONZÁLEZ PEÑAS

Draft opinion
Paragraph 8

8. Calls on the Commission to strengthen cooperation with the Member States in order to speed up the correction of breaches of EU law ~~where necessary~~;

Amendment 58 #

Draft opinion
Paragraph 8

8. Calls on the Commission to strengthen cooperation with the Member States in order to speed up the correction of breaches of EU law where necessary; highlights that this cooperation must be transparent and open to parliamentary scrutiny;

Amendment 59 #

Siôn SIMON, Richard HOWITT, Brando BENIFEI

Draft opinion
Paragraph 8 a (new)

8a. Calls on the Commission to review the framework under which Member States provide supporting information about how they transposed directives into national law;

Amendment 6 #

Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Tania GONZÁLEZ PEÑAS

Draft opinion
Paragraph 2

2. Notes that timely and correct transposition of EU law into national legislation and a clear domestic legislative framework should be a priority for the Member States in order to reduce breaches of EU law ~~and therefore deliver benefits to people and business;~~; expresses its concern at the high number of cases of late or incorrect transposition of EU Directives which result in restrictions to workers' freedom of movement, the non-application of the non-discrimination principle or the circumvention of maximum working time requirements in several Member States1 a; ___________ 1a http://ec.europa.eu/atwork/applying-eu- law/docs/annual_report_32/20140701_an nual_report_2014_member_states_en.pdf

Amendment 60 #

Draft opinion
Paragraph 9

~~9. Calls on the Commission to give greater support to the Member States with regard to implementing EU law by providing tailor-made tools, such as detailed implementation plans and guidance documents.~~deleted

Amendment 61 #

Paloma LÓPEZ BERMEJO, Neoklis SYLIKIOTIS, Tania GONZÁLEZ PEÑAS

Draft opinion
Paragraph 9

9. Calls on the Commission to give greater support to the Member States with regard to implementing EU law by providing tailor-made tools, such as detailed implementation plans and guidance documents which are a result of enhanced and mutual cooperation between the Commission and Member States starting at an early stage of legislation creation.

Amendment 62 #

Draft opinion
Paragraph 9

9. Calls on the Commission to give greater support to the Member States with regard to implementing EU law by providing tailor-made tools, such as detailed implementation plans and guidance documents; stresses that an increase in the staffing of Member States' labour inspectorates, in line with ILO recommendations, and the establishment of a regular dialogue with social partners are essential to ensure effective implementation of EU labour law in Member States.

Amendment 63 #

Draft opinion
Paragraph 9

Amendment 64 #

Deirdre CLUNE

Draft opinion
Paragraph 9 – subparagraph 1 (new)

Calls on the Commission to work with member states to further implement and make use of the Blue Card Directive (Directive 2009/50/EC) which allows skilled migrant workers access to employment in member states, whereas the take up until now has been poor.

Amendment 65 #

Siôn SIMON, Jutta STEINRUCK, Richard HOWITT, Brando BENIFEI, Elena GENTILE

Draft opinion
Paragraph 9 a (new)

9a. Welcomes the tools developed by the Commission, such as Your European Portal, Solvit and Chap, which provide support to stakeholders, but deplores the fact that these tools are still only little known and little used.

Amendment 66 #

Siôn SIMON

Draft opinion
Paragraph 9 b (new)

9b. Calls on member states to provide more precise and clear information regarding the transposition of directives to the Commission in order to allow for a better review.

Amendment 7 #

Siôn SIMON, Jutta STEINRUCK, Richard HOWITT, Brando BENIFEI

Draft opinion
Paragraph 2

Amendment 8 #

Claude ROLIN

Draft opinion
Paragraph 2

Amendment 9 #

Draft opinion
Paragraph 2

2. Notes that timely and correct transposition of EU law into national legislation and a clear domestic legislative framework should be a priority for the Member States in order to ~~reduce~~avoid breaches of EU law and ~~therefore~~ deliver benefits to people and business; notes that members of the public, business, trade unions, NGOs and other stakeholders contribute substantially to the Commission´s monitoring through reporting defaults in the transposition and in the application of EU law by Member State authorities; encourages stakeholders to remain vigilant in this regard also in the future;

source: 573.080

2016/02/15 EMPL 8 amendments...

Amendment A #

Draft opinion
Paragraph 2

2. Notes that timely and correct transposition of EU law into national legislation and a clear domestic legislative framework should be a priority for the Member States in order to ~~reduce~~avoid breaches of EU law ~~and therefore deliver~~while delivering the intended benefits to people and business which the efficient and effective application of Community law makes possible;

Amendment B #

Draft opinion
Paragraph 3

3. Highlights the fact that in 2014 there were 3715 new complaints registered and the Commission received its highest number of new complaints (666) in the areas of employment, social affairs and inclusion since 20111; b ; recalls that lack of implementation as well as the incorrect or non-application of EU legislation by Member States renders legislation ineffective, significantly reduces social and employment rights and may require further action at EU level while fully respecting the principle of subsidiarity; ___________ 1bMonitoring the application of Union law, 2014 Annual Report, p. 8

Amendment C #

Draft opinion
Paragraph 4

4. Points out that the number of new late transposition ~~cases~~infringement cases in the area of employment (17) increased slightly in 2014 compared to the previous year ~~and~~(13) and that all of these were related to labour law;1 a; recalls that late transposition of labour law is a persistent problem in some Member States, which averts people from enjoying their rights and receiving the benefits of Union law; stresses that late and incorrect transposition of EU Directives has a negative effect on the overall legal certainty and the level playing field of the Single Market; calls on the Member State totake action where appropriate, including legislative action, to ensure the practical and beneficial transposition of EU directives into all national legal systems; ___________ 1a Commission Staff Working Document, 2014 Annual Report, Part I: Policy areas, p. 40

Amendment D #

Draft opinion
Paragraph 5

5. Urges the Commission, when drafting and assessing legislation, to take ~~greater account of the burden it may impose on SMEs, which create 85% of new jobs~~account of potential benefits and burden including for SMEs, which account for 99% of European businesses and create 85% of new jobs; stresses, in this connection, the need to apply the ‘Think Small First’ principle; underlines the need to not only assess short-term effects but also the long- term value of legislation; stresses, however, that all employees have the right to enjoy the highest possible level of protection as regards health and safety at work, regardless of the size of the company which employs them;

Amendment E #

Draft opinion
Paragraph 7

7. ~~Calls on the Commission and the Member States to coordinate their efforts at an earlier stage of the legislative process with a view to ensuring that future EU law can be implemented more effectively~~Notes the European Commission's ongoing revision of the existing legislation under Better Regulation Agenda which aims at ensuring the high quality of EU legislation in terms of transparency, public consultation, implementation and compliance with the principle of subsidiary, therefore calls on the Commission to coordinate their efforts with the Member States and the European Parliament at an earlier stage of the legislative process with a view to ensuring that future EU law can be implemented more effectively, since deregulation, overregulation or non-regulation might cause more harm to business and employment; points out, however, that such coordination must be without prejudice to the prerogative of the legislators and must fully respect the ordinary legislative procedure as well as democratic legitimacy of the Members States;

Amendment F #

Draft opinion
Paragraph 9

9. Calls on the Commission to give greater support to the Member States with regard to implementing and correctly applying EU law by providing tailor-made tools, such as detailed implementation plans and guidance documents. which are a result of enhanced and mutual cooperation between the Commission and Member States starting at an early stage of legislation creation; believes that regular dialogue with social partners is also an essential way in which Member States can ensure effective implementation of EU labour law;

Amendment G #

Draft opinion
Paragraph 5 a (new)

5a. Underlines the important role of social partners, civil society organisations and other stakeholders in the creation of legislation as well as with regard to monitoring and reporting shortcomings in transposition and application of EU law by the Member States; notes the Commissions acknowledgment of stakeholders' role by launching, in 2014, new tools which facilitate this process; encourages stakeholders to remain vigilant in this regard also in the future

Amendment H #

Draft opinion
Paragraph 9a (new)

9a. Stresses that strengthening a Member States' labour inspectors is essential to ensure effective implementation of EU Labour law in Member States;

source: 575.124

2016/03/04 PETI 39 amendments...

Amendment 1 #

Pál CSÁKY, Jarosław WAŁĘSA, Peter JAHR

Draft opinion
Paragraph -1 (new)

-1. Reiterates that problems of implementation and enforcement of EU law have been longstanding and supports the effective application of common EU rules in the Member States which is vital to strengthen the credibility of the Union and to meet citizens' expectations of the benefits that the EU can bring to them;

Amendment 10 #

Draft opinion
Paragraph 1 a (new)

1 a. Points out that the different implementation and transposition of EU law creates continuous burdens for citizens and businesses, namely for those citizens who want to benefit from the achievements of the internal market and live, work, do business or study in another Member State; stresses that delays in transposition have also negative impact on legal certainty; reiterates its position that the Commission should make compliance with EU law a true political priority through an effective cooperation with the institutions, with special regard to the Council in particular to systematic recourse to correlation tables, Member States and other interested parties; underlines the primary responsibility of the Member States to implement and apply EU law correctly;

Amendment 11 #

Pál CSÁKY, Jarosław WAŁĘSA, Roberta METSOLA, Peter JAHR

Draft opinion
Paragraph 1 b (new)

1 b. Notes that in 2014 3715 new complaints were registered and the total number of complaints increased by 5.7%; notes the number of new EU Pilot files which was 1208 in 2014; acknowledges the number of processed complaints and EU Pilot files in 2014 and appreciates the 75% resolution rate of EU Pilot files as quick and effective problem solving method;

Amendment 12 #

Pál CSÁKY, Jarosław WAŁĘSA, Roberta METSOLA, Peter JAHR

Draft opinion
Paragraph 2

2. Acknowledges the administrative guarantees granted to complainants, such as the provision of information, and notification, in respect of their complaints, as also requested by the Committee on Petitions in its 2015 opinion on the aforementioned report; welcomes the renewed 'Applying Union law' web section of the Europa portal which gives citizens relevant information about how EU law has been applied in the Member States and about how to file a complaint; welcomes the better on-line accessibility of the decisions on infringements; notes that some improvements are desirable in the practices of the Commission regarding the information delivered for citizens in processing their complaints;

Amendment 13 #

Draft opinion
Paragraph 2

2. Acknowledges the administrative guarantees granted to complainants, such as the provision of information, and notification, in respect of their complaints, as also requested by the Committee on Petitions in its 2015 opinion on the aforementioned report; regrets, however, the delays in receiving responses from the Commission regarding numerous petitions, when it is asked to give an opinion and urges the Commission to improve its current practices to inform citizens in a timely and appropriate manner of any actions and steps taken in response to processing their complaints;

Amendment 14 #

Draft opinion
Paragraph 2

2. Acknowledges the administrative guarantees granted to complainants, such as the timely provision of information, and notification, in respect of their complaints, as also requested by the Committee on Petitions in its 2015 opinion on the aforementioned report; stresses that the quality in its treatment on a case-by-case basis should not in any case be undermined by a higher volume of petitions received;

Amendment 15 #

Pál CSÁKY, Jarosław WAŁĘSA, Roberta METSOLA, Peter JAHR

Draft opinion
Paragraph 3

3. Notes the positive impact of EU Pilot on the exchange of information between the Commission and the Member States, and on the resolution of problems relating to the application of EU law at national level~~; stresses that this can also provide valuable information for pending petitions~~ and asks the Commission to pay special attention to the actual enforcement and internal review of decisions taken during the EU Pilot process; stresses that this can also provide valuable information for pending petitions and invites the Commission to involve the petitioners in the process of EU Pilot cases deriving from petitions, in order to facilitate also the dialogue between petitioners and the national authorities concerned;

Amendment 16 #

Draft opinion
Paragraph 3

3. Notes the positive impact of EU Pilot on the exchange of information between the Commission and the Member States, and on the resolution of problems relating to the application of EU law at national level; stresses that this can also provide valuable information for pending petitions; welcomes the Member States' increasing efforts to settle infringement cases before the Court procedure stage; notes that preliminary rulings help clarify questions on application of the EU law and can prevent infringement procedures;

Amendment 17 #

Draft opinion
Paragraph 3 a (new)

3 a. Calls on the European Parliament and in particular the PETI Committee to promote awareness raising campaigns on the citizens' complaint system for breaches of EU law, the EU Pilot project and infringement procedures enhancing a broader use and facilitating public access to information through the EP website;

Amendment 18 #

Pál CSÁKY, Roberta METSOLA, Peter JAHR

Draft opinion
Paragraph 4

4. Welcomes the commitment shown by Commission services to strengthening the exchange of information with the Committee on Petitions, and reiterates its requests for improved communication between the two parties, in particular with regard to the initiation and conduct of infringement procedures by the Commission, including the EU Pilot procedure, and for efforts to be made to provide the Committee on Petitions that it be provided with information within a reasonable timeframe, thus allowing it to respond to citizens’ requests more effectively;

Amendment 19 #

Draft opinion
Paragraph 4

4. Welcomes the commitment shown by Commission services to strengthening the exchange of information with the Committee on Petitions, and reiterates its requests for improved communication between the two parties, in particular with regard to the initiation and conduct of infringement procedures by the Commission, including the EU Pilot procedure, and for efforts to be made to provide the Committee on Petitions with information within a reasonable timeframe, thus allowing it to respond to citizens’' requests more effectively; recalls its repeated request to the Commission to take into account in its monitoring and legislative work the reports and findings of the Committee on Petitions;

Amendment 2 #

Draft opinion
Paragraph -1 a (new)

-1 a. Stresses the Commission's essential role in overseeing the application of EU law and submitting its annual report to the European Parliament and the Council; Calls on the Commission to continue with its active role to develop various tools to improve implementation, enforcement and compliance of EU law in Member States and, in addition to the data for the implementation of EU Directives, to provide data on implementation of EU Regulations in the next Commission's annual report;

Amendment 20 #

Draft opinion
Paragraph 4 a (new)

4 a. Considers that the assessment of cases of possible breach of EU legislation, and in particular those emerging from petitions, should not only be done merely on procedural grounds, but taking into account the substantial elements and the ultimate spirit of the related EU legislation applicable;

Amendment 21 #

Cecilia WIKSTRÖM

Draft opinion
Paragraph 4 a (new)

4 a. Welcomes the improved provision of information by the European Commission to citizens on monitoring the fact application of EU law through webpages, databases, simpler complaint forms and online problem-solving tools, which aim at increased transparency ;

Amendment 22 #

Draft opinion
Paragraph 5

5. Regrets that petitions submitted by EU citizens are~~fer to violations of EU law; considers that~~ handled on the basis of political criteria and that, apart from theose ~~petitions attest to the fact that there are still frequ~~citing violations of EU law, many petitions are not givent a~~nd widespread instances of late or incomplete transposition, or of misapplication, of EU law~~ more positive reception, in particular where petitioners call for migration to be restricted, ban~~d stresses that the Member States should implement and execute EU law~~king practices to be regulated or soclal, health- related and environmental standards to be applied more effectively;

Amendment 23 #

Draft opinion
Paragraph 5

Amendment 24 #

Pál CSÁKY, Jarosław WAŁĘSA, Peter JAHR

Draft opinion
Paragraph 5

5. Regrets that petitions submitted by EU citizens still refer to violations of EU law; considers that these petitions attest to the fact that there are still frequent and widespread instances of late or incomplete transposition, or of misapplication, of EU law, and stresses that the Member States should implement and execute EU law effectively; suggests incorporating more effectively preventive mechanisms, such as injunction procedures, particularly when it comes to cases such infrastructure projects where the possibility of a breach of EU environmental law is envisaged;

Amendment 25 #

Draft opinion
Paragraph 5

5. Regrets that petitions submitted by EU citizens refer to violations of EU law; considers that these petitions attest to the fact that there are still frequent and widespread instances of late or incomplete transposition, or of misapplication, of EU law, and stresses that the Member States should implement and execute EU law effectivelystresses that petitions mainly concern alleged breaches of EU law in the fields of fundamental rights, including the rights of persons belonging to minorities and persons with disabilities, discrimination, including discrimination based on nationality, internal market, free movement, transport, environment, education, employment and health care; considers that these petitions attest to the fact that there are still frequent and widespread instances of late or incomplete transposition, or of misapplication, of EU law, and stresses that the Member States should implement and execute EU law effectively and should legislate in full respect of fundamental values and principles enshrined in the Treaties and the Charter of the Fundamental Rights of the EU; calls the Member states for a substantive improvement on the quality of the information exchange with the Committee on Petitions and the clarifications provided; emphasizes the need for presence and balanced dialogue with the representatives of the Member States on concerned petitions during the meetings of the Committee on Petitions;

Amendment 26 #

Draft opinion
Paragraph 5

5. Regrets that petitions submitted by EU citizens refer to violations of EU law or to a number of consequences thereof for citizens and businesses or to instances of EU maladministration; considers that these petitions attest to the fact that there are still frequent and widespread instances of late or incomplete transposition, or of misapplication, of EU law, and stresses that the Member States should implement and execute EU law effectively;

Amendment 27 #

Draft opinion
Paragraph 5 a (new)

5 a. Welcomes the Commission's efforts to inform people about their rights and to ensure that they find suitable mechanisms of redress, by developing instruments such as the Commission's database 'Applying Union law" and "Europa portal Your rights"; Stresses that further measures are needed to provide better access to information on the application of EU law and problem-solving instruments and improve the handling of complaints from EU citizens and businesses about breaches of EU law;

Amendment 28 #

Draft opinion
Paragraph 5 b (new)

5 b. Calls on the Commission to interlink all different portals, access points and information websites in a single gateway that will provide citizens with easy access to online complaint forms and user- friendly information on infringement procedures; Calls, in addition, on the Commission to include in its next monitoring report more detailed information on the use of those portals;

Amendment 29 #

Draft opinion
Paragraph 6

Amendment 3 #

Draft opinion
Paragraph -1 b (new)

-1 b. Acknowledges that the European Parliament also performs a crucial role by exercising a political control over the Commission's enforcement actions, scrutinising the annual reports on monitoring the implementation of EU law and developing relevant parliamentary resolutions; Suggests that the EP can contribute further to the timely and accurate transposition of EU legislation by sharing the expertise gained in the legislative decision making process through pre-established links with national Parliaments;

Amendment 30 #

Draft opinion
Paragraph 6

6. Recalls that the area of police and judicial cooperation in criminal matters (previously known as the ‘third pillar’) is frequently addressed in petitions by natural persons; ~~welcomes, therefore,~~is concerned at the expansion of the Commission’s competences to include police and judicial cooperation as of 1 December 2014, at a time when cooperation between police, court, intelligence and customs services should be heightened and a culture of confidence and communication cultivated within Interpol's current intergovernmental framework, centring on a number of priority areas (terrorism, transnational crime, illegal immigration, drugs and people trafficking), rather than weakening arrangements by adding a layer of bureaucratic oversight which can but be detrimental to the effectiveness of those services, as is illustrated by Europol's poor record, and therefore to territorial security and fundamental freedoms;

Amendment 31 #

Draft opinion
Paragraph 6

6. Recalls that the area of police and judicial cooperation in criminal matters (previously known as the ‘third pillar’) is frequently addressed in petitions by natural persons; ~~welcomes, therefore, the expansion of the Commission’s competences to include police and judicial cooperation as of 1 December 2014~~notes that persisting shortcomings such as long delays in national court proceedings concerning matters involving EU law are often identified in the treatment of several petitions; underlines the usefulness and appropriateness of preliminary rulings by the ECJ as guidance for these cases and regrets the scarce use of such a provision by national courts; welcomes, therefore, the expansion of the Commission’s competences to include police and judicial cooperation as of 1 December 2014; reminds that the examination and treatment of petitions is independent and of a different nature than national judiciary procedures, and that these are likely to run in parallel without mutual interference;

Amendment 32 #

Draft opinion
Paragraph 7

7. Underlines the importance of simpl~~ementation plans adopted by the Commission with the aim of assisting and guiding Member States in the~~ ifying rules and of applying the subsidiarity principle more effectimvely~~, clear and correct~~ in order to facilitate transposition of EU directives; welcomes the importance attributed to Better Regulation and to the monitoring of EU regulatory fitness, which form part of a greater effort to improve the quality of EU legislation and – it is to be hoped – should have a positive impact on by Member States, thus reducing the number of petitions submitted.

Amendment 33 #

Draft opinion
Paragraph 7

Amendment 34 #

Pál CSÁKY, Jarosław WAŁĘSA, Peter JAHR

Draft opinion
Paragraph 7

7. Underlines the importance of implementation plans adopted by the Commission with the aim of assisting and guiding Member States in the timely, clear and correct transposition of EU directives; underlines the need for the Commission to act quickly, and on a grand scale, so as gradually to cut the number of legislative acts by up to half, by 2020, on the basis of the principle that two old acts should be done away with for every new act adopted; welcomes the importance attributed to Better Regulation and to the monitoring of EU regulatory fitness, which form part of a greater effort to improve the quality of EU legislation and – it is to be hoped – should have a positive impact on the number of petitions submitted.

Amendment 35 #

Jérôme LAVRILLEUX

Draft opinion
Paragraph 7

7. Underlines the importance of implementation plans adopted by the Commission with the aim of assisting and guiding Member States in the timely, clear and correct transposition of EU directives, which is necessary for the EU to operate effectively and viably; welcomes the importance attributed to Better Regulation and to the monitoring of EU regulatory fitness, which form part of a greater effort to improve the quality of EU legislation and – it is to be hoped – should have a positive impact on the number of petitions submitted.

Amendment 36 #

Draft opinion
Paragraph 7

Amendment 37 #

Pál CSÁKY, Jarosław WAŁĘSA, Roberta METSOLA, Peter JAHR

Draft opinion
Paragraph 7

7. Underlines the importance of implementation plans adopted by the Commission with the aim of assisting and guiding Member States in the timely, clear and correct transposition of EU directives; ~~welcomes~~takes note of the importance attributed to Better Regulation and ~~to the monitoring of EU regulatory fitness~~REFIT programme in the annual report on monitoring the application of Union Law, which form part of ~~a greater~~ efforts to improve the quality of EU legislation and should – it is to be hoped – ~~should have a positive impact on the number of petitions submitted.~~have a positive impact on the number of petitions submitted; Calls on the Commission to actively involve all stakeholders, in particular social partners, consumers organisations and NGOs when assessing the impact of EU legislation, run the proportionality and subsidiarity check (at ex-ante stage), and monitor implementation (ex-post stage); Calls on the Commission to assess in the better regulation activities and in the REFIT process not only the costs but also the benefits and values of legislation, as well as to take into account its broader social and environmental impact and not only its economic one;

Amendment 38 #

Draft opinion
Paragraph 7 a (new)

7 a. Welcomes the importance attributed to Better Regulation and to the EU regulatory fitness (REFIT); the REFIT programme should be strengthened and also include measuring and reducing administrative burdens faced by citizens; believes that this programmes form part of a greater effort to improve the quality of EU legislation and – it is to be hoped – should have a positive impact on the number of petitions submitted.

Amendment 39 #

Svetoslav Hristov MALINOV

Draft opinion
Paragraph 7 a (new)

7a. Emphasises that a more courageous approach should be taken by the European Commission when examining petitions raising fundamental rights issues in accordance with the principle of subsidiarity.

Amendment 4 #

Draft opinion
Paragraph -1 c (new)

-1 c. Stresses individual citizens' complaints are one of the main sources for detecting breaches of European Union law and a source of information for the Commission; Notes that in 2014, members of the public, businesses, NGOs and other organisations remained very active in reporting potential breaches of EU law and as a result, the total number of open complaints increased by approximately 5.7% in 2014.

Amendment 5 #