Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-12-16-Speech-4-094"

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"en.20041216.9.4-094"2
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". Legislation on asylum and immigration policy has for years been profoundly undemocratic. One thing the Treaty of Amsterdam did was to transfer legislative powers in this area from the Member States to the EC, thus taking it out of the hands of national parliaments; another was to hand it over to the Council exclusively, and hence to the assembled national executives, with Parliament’s involvement limited to the stating of positions. In an area such as this, with such considerable implications for fundamental rights, it is untenable that the executive should make law in this way. This draft Council decision on the adoption of the codecision procedure is thus a long overdue step towards giving Parliament a greater say in legislation. At the same time, though, the Council is planning to reserve again certain areas exclusively to the executive. This is precisely what the Bourlanges report criticises, and that is why I endorse the report. What I see as problematic about this report, however, is that it insists upon a provision in the Constitution whereby Member States can unilaterally bar third-country nationals from gaining access to the labour market. When I was a member of the Constitutional Convention, I was critical of this rule, which was introduced into the Constitution by the German Government. Not only does it reflect national egoisms, but also – and this is a much more serious matter – it runs counter to the principle that workers should enjoy freedom of movement in a common Europe. In my judgement, this provision is one of the first things that should be submitted to scrutiny after the Constitution has entered into force."@en1

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