Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-10-21-Speech-2-011"
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"en.20081021.6.2-011"2
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"Madam President, ladies and gentlemen, allow me to begin with an apology for the short delay. Unfortunately, I was unable to foresee in time how busy the roads were going to be.
Ladies and gentlemen, the judgments handed down recently by the Court of Justice in the case of Viking, Laval and Rüffert has ignited a broad debate at EU level concerning the protection of workers’ rights in relation to increased levels of globalisation and labour mobility. In order for the European labour market to function properly, we must establish good rules. The Posting of Workers Directive is a key instrument in achieving this aim. I would remind you that the aim of the directive is to find a balance between, on the one hand, an appropriate level of protection for workers temporarily posted to another Member State and, on the other hand, the free movement of services within the internal market.
The Commission is determined to ensure that the basic freedoms under the Treaty do not conflict with the protection of fundamental rights. The Commission has expressed the wish to begin an open debate with all of the affected parties so that we may analyse together the consequences of the judgments from the Court of Justice. It is enormously important to have such a debate, as it would clarify the legal position and finally enable the Member States to introduce adequate legal arrangements. The Commission organised on 9 October 2008 a forum on this theme, in which all of the interested parties participated. This forum should become the starting point for the debate which is so badly needed.
The Commission agrees that the increased mobility of workers in Europe has brought with it new challenges, since it involves the functioning of the labour markets and the regulation of employment conditions. The Commission believes that the social partners are best placed to rise to the challenge and to propose possible improvements. Therefore, the Commission has invited the European social partners to examine the consequences of increased mobility in Europe and the judgments of the European Court of Justice. I am delighted that the European social partners have taken up the challenge. The Commission will support their work as required.
The Commission would like to report that the Member States most affected by the judgment of the Court of Justice are at this very moment working on legal arrangements that will ensure harmonisation with the judicature of the Court of Justice. The Commission cannot agree to the proposal for the Posting of Workers Directive also to include a reference to free movement. Such an extension would necessarily lead to misunderstandings concerning the operability of the directive, since it would gloss over the difference between two distinct categories of worker, in other words posted workers and migrant workers. I would emphasise that there is obviously a difference between posted workers and migrant workers.
The Commission agrees with Parliament concerning the need to improve the operation and implementation of the posted workers directive. In this context may I remind you that in April 2008 the Commission accepted the recommendation for greater administrative cooperation called for by the Member States in order to put right the current shortcomings. The Commission also supports greater cooperation through its plan to establish in the future a committee of experts from the Member States. The Commission believes that within the framework of the proposed Treaty of Lisbon there will be a very significant strengthening of social rights through changes such as the new social clauses, thanks to which all other policies of the European Union must take account of social questions and also in view of the implementation of a legally binding reference to the Charter of Fundamental Rights."@en1
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