Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-10-25-Speech-3-440"
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"en.20061025.30.3-440"2
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"Ladies and gentlemen, I shall be very brief indeed, because it is already five past midnight and I feel we must adhere very strictly to regulations such as the working time directive, and others in force in the EU.
Very briefly, then. One key question, raised twice in this debate, is that in its communication the Commission tried to reintroduce Articles 24 and 25, which had been removed from the services directive. I wish to point out that this is a mistaken view, because Articles 24 and 25 are based on the country of origin principle, which is the principle that the country of origin is responsible for inspections. This is not in the communication because the communication is duly based on the current legal situation, according to which the responsibility for inspection lies with the countries to which workers are posted, that is to say, the countries hosting the workers.
I should also like to say that I have noticed in the debate that we agree on the idea that the directive is capable of working at any given time, but it is vital that we step up efforts to ensure its consistent application. The main problem at present is that it is being applied inconsistently, especially in cross-border cooperation between individual Member States. The Commission has taken steps in its communication to address this issue – and I feel that it is our duty to do this as thoroughly and as quickly as possible. I do not wish to issue an opinion on individual cases that have been cited by way of criticism of the directive or the Commission, not because this is impossible but rather because I respect the working time of the interpreters.
I should like to make a final general remark. In its communication, the Commission firstly interpreted the court ruling in Luxembourg, and it did so correctly. Then on the basis of its obligations as Guardian of the Treaties it formulated a position on a series of issues. Thirdly it proposed, and continues to propose, steps that must be taken to improve the implementation of this directive.
I should now like to make one last remark. It is a basic principle of due process under the rule of law that any law – in this case the directive – can be used only for the purpose for which it was drawn up. The purpose of this directive is to protect posted workers, not to restrict the freedom to provide services. Consequently, in terms of this general structure and from the standpoint of proportionality, the communication does not restrict the Member States’ ability to carry out their own inspections; nor does it restrict their ability to perform their duties. The fundamental rule of proportionality naturally applies, whereby the obligations laid down must be appropriate to the objective, and cases must be dealt with on a case-by-case basis, as in fact the communication indicates.
Ladies and gentlemen, I should like to thank you for the attention given to this issue by Parliament. I am convinced that this is one of the most important directives concerning the EU labour market. It is our duty to interpret it correctly and accurately and to put it into practice as quickly and effectively as possible. I should like to thank Mrs Schroedter for her report, because it undoubtedly marks a step forward in the process I mentioned earlier, namely the full implementation of the directive in such a way that it can meet its objective. Honourable Members, thank you very much."@en1
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