Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-04-22-Speech-2-431"
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"en.20080422.53.2-431"2
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"Thank you, Mr President, Commissioner. After several European Court of Justice rulings, the Posting of Workers Directive (96/71/EC) has become a focus of attention in the Union. The Court has spoken. What it actually said might be debated, but that would not be worthwhile as its decision will remain valid, and anyway the Court did not establish a scale of values.
We can see that in Parliament these rulings have given rise to mutually exclusive opinions, but it is good that the Commission has considered what has to be done and has asked the Member States. This is even more important as they are trying to pour oil on troubled waters. It is pertinent that an earlier omission by the Commission unfortunately contributed to the heightened atmosphere, as they still had not thought through the transposition of the Posting of Workers Directive into national systems, although two years before it had been emphatically requested in a European Parliament resolution. So there is no answer as to whether the Member State measures protecting workers conform to the Posting of Workers Directive and, for want of this, we are unable to state whether the Posting of Workers Directive is really working well or if it needs to be amended in the light of the laws of the service market. There are no lessons on implementation, at most there are violently clashing statements. We are moved by the question of whether this uncertain situation gives some scope to populism and demagogy. And are we not creating a political problem from accidental legal shortcomings? It may be that we have produced political tension where there should only be sober-minded regulation.
Ladies and gentlemen, the freedom of the service market operates, with very few exceptions, within the provisions of legislation. On the other hand, specific measures are required to make good the law. We hope for these specific steps from the Commission, since a comprehensive examination of the legal material cannot be undertaken by the Court. That is for the Commission to do. And it is the Commission’s job to initiate proceedings against violations of the law, where necessary. This could reinforce Mr Spindla’s words, that we have to act simultaneously and together, in the interests of the legal rights of employees and in the interests of the social market. Thank you."@en1
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