Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Opinion | ECON | ||
Opinion | EMPL | KOZŁOWSKA-RAJEWICZ Agnieszka (EPP) | |
Opinion | ENVI | ||
Opinion | IMCO | ||
Opinion | INTA | ||
Opinion | ITRE | ||
Lead | JURI | HAUTALA Heidi (Verts/ALE) | KAUFMANN Sylvia-Yvonne (S&D), MARINHO E PINTO António (ALDE) |
Opinion | PETI | WIKSTRÖM Cecilia (ALDE) |
Legal Basis RoP 052
Activites
-
2015/11/26
Committee referral announced in Parliament, 1st reading/single reading
-
2015/07/09
Non-legislative basic document published
-
COM(2015)0329
summary
PURPOSE: to present the 2014 annual report on monitoring the application of Union law. CONTENT: this annual report from the Commission reviews the Member States’ performance on key aspects of the application of EU law and highlights the main enforcement policy developments of 2014. Detecting and resolving problems: before infringement proceedings are started, the Commission first opens bilateral discussions with the Member State concerned via EU Pilot (a Commission initiative aimed at asking Member States to answer questions and to find solutions to problems related to the application of EU law): 777 EU Pilot investigations were launched in 2014 (in 2013, 1023 were started). Environment, energy, and mobility/transport were the three policy areas with the most potential infringements. 3715 new complaints were registered in 2014. The Member States primarily concerned were Italy, Spain and Germany. By way of petitions and questions, in 2014 the European Parliament alerted the Commission to shortcomings in the way Member States implement and apply EU law. These include the fields of environment, transport, health and consumers and taxation. In 2014, the number fell back to its 2011 level: 1208 new files were opened (a fall of approximately 20%). Of the 1336 processed EU Pilot files in 2014, the Commission closed 996. This is a 75% resolution rate for the Member States, up from 70% in 2013. Infringement procedure Pre-litigation phase: in 2014, the Commission launched 893 new procedures by sending a letter of formal notice. The overall decrease in the number of formal infringement procedures in the last five years (from nearly 2900 to 1347) reflects the effectiveness of structured dialogue via the EU Pilot in resolving potential infringements quickly, to the benefit of people and businesses. Statistics confirm that Member States make serious efforts to settle their infringements before the Court hands down its ruling. Referrals to the Court of Justice: the Court delivered 38 judgments under Article 258 TFEU in 2014, of which 35 (92%) were in favour of the Commission. Environment (10), taxation (8) and enterprise and industry (5) were the subject of the most judgments delivered by the Court during 2014. Member States frequently take the necessary measures to comply with the judgment of the Court promptly. In the coming year, the Commission aims to strengthen cooperation with Member States to prevent infringements from arising and speed up correction of breaches of EU law where necessary. Transposition of directives: late transposition of directives by Member States remains a persistent problem. Combating late transposition is therefore a long-established priority for the Commission. There were fewer directives to transpose in 2014 than in the previous year i.e. 67 compared with 74 in 2013) but more than in 2012 (56). However, there was a significant increase in new late transposition infringements in 2014 compared with the previous year: 585 new late transposition infringements were launched in 2014 compared with 478 in 2013. The rising number of infringements relating to late transposition shows that prompt transposition continues to be a challenge in numerous Member States and requires an effective response by the Commission. Timely and correct transposition of EU law into national legislation and a clear domestic legislative framework should be a priority for the Member States. Once directives are adopted, the Commission will use the period before the transposition deadline expires to focus on providing assistance to Member States on implementation. After the transposition deadline expires, the Commission will strengthen enforcement of EU law based on structured and systematic transposition and conformity checks of national legislation. Policy developments: in 2014, the Commission continued its efforts to inform people better about their rights under EU law and to ensure that they find suitable mechanisms of redress, if they consider these rights have been breached. These efforts focused on providing better access to information on the application of EU law, on problem-solving instruments (such as SOLVIT) for EU citizens and businesses in Member States and on improving the handling of complaints from EU citizens and businesses about breaches of EU law. The Commission also provides implementation plans to make it easier to apply the Union law effectively and on time, while fully recognising that applying the Union law is the responsibility of Member States. The implementation plans are drafted at an early stage when drafting new legislation. Better Regulation Agenda: the Commission will focus on ensuring the clarity, operability and enforceability of EU legislation. This objective cannot be achieved without an active contribution from all parties involved in the EU’s legislative process. Increased attention will be paid to aspects of implementation, management and enforcement, both when the Commission drafts proposals and throughout the legislative process. Lastly, with its Regulatory Fitness and Performance Programme (REFIT), and Communication of June 2014, the Commission set out an ambitious agenda with almost 200 individual actions to simplify and reduce the regulatory burden, repeal existing regulation and withdraw proposals for new regulation.
- DG {'url': 'http://ec.europa.eu/dgs/secretariat_general/index_en.htm', 'title': 'Secretariat-General'}, TIMMERMANS Frans
-
COM(2015)0329
summary
Documents
- Non-legislative basic document published: COM(2015)0329
Amendments | Dossier |
66 |
2015/2326(INI)
2015/12/10
EMPL
66 amendments...
Amendment 1 #
Draft opinion Paragraph 1 Amendment 10 #
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 #
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 #
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;
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
Amendment 15 #
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 #
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 #
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
Amendment 21 #
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 #
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 #
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 #
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 #
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
Amendment 3 #
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
Amendment 31 #
Draft opinion Paragraph 5 5. Urges the Commission, when drafting and assessing legislation, to take
Amendment 32 #
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
Amendment 33 #
Draft opinion Paragraph 5 5. Urges the Commission, when drafting
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
Draft opinion Paragraph 6 Amendment 46 #
Draft opinion Paragraph 6 6.
Amendment 47 #
Draft opinion Paragraph 6 6. Welcomes the efforts made by the
Amendment 48 #
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
Amendment 51 #
Draft opinion Paragraph 7 7.
Amendment 52 #
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 #
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 Amendment 57 #
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
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 #
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 #
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
Amendment 60 #
Draft opinion Paragraph 9 Amendment 61 #
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
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 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.
Amendment 64 #
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 #
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 #
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 #
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
Amendment 8 #
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
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
source: 573.080
|
History
(these mark the time of scraping, not the official date of the change)
activities/1/committees/0/date |
2015-12-17T00:00:00
|
activities/1/committees/0/rapporteur |
|
committees/0/date |
2015-12-17T00:00:00
|
committees/0/rapporteur |
|
activities/1/committees/7/date |
2015-12-03T00:00:00
|
activities/1/committees/7/rapporteur |
|
committees/7/date |
2015-12-03T00:00:00
|
committees/7/rapporteur |
|
activities/0/docs/0/text |
|
activities/1 |
|
committees/6/shadows/1 |
|
procedure/dossier_of_the_committee |
JURI/8/05074
|
procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
activities |
|
committees |
|
links |
|
other |
|
procedure |
|