Communication on the proposal for a Directive amending the Posting of Workers Directive, with regard to the principle of subsidiarity

Author (Corporate)
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Series Details (2016) 505 final (20.7.16)
Publication Date 20/07/2016
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In its Political Guidelines, the Commission undertook to promote a deeper and fairer Internal Market. The Union has established and ensures the functioning of an Internal Market which is based on a highly competitive social market economy, aiming at full employment and social progress. Within this context and consistent with the Commission Work Programme 2016, the Commission adopted on 8 March 2016 a proposal for a targeted revision of Directive 96/71/EC on Posting of Workers. The reasons for action and for the policy choices made in the proposal are developed in the explanatory memorandum, the recitals of the proposed Directive and the Impact Assessment Report accompanying the proposal.

In essence, the objective of the proposal is to ensure that the implementation of the freedom to provide services in the Union takes place under conditions that guarantee a level playing field for businesses and respect for the rights of workers. 20 years after its adoption, the Commission found that Directive 96/71/EC no longer ensures such conditions against the background of the current economic and social conditions in the Member States. Therefore, it tabled a proposal for legislative action. The Commission proposal aims to remedy the specific problems identified by a limited number of targeted amendments to Directive 96/71/EC.

Protocol No 2 to the Treaties on the application of the principles of subsidiarity and proportionality allows national Parliaments to issue reasoned opinions when they consider that a legislative proposal does not comply with the principle of subsidiarity. Where reasoned opinions issued by national Parliaments represent at least one third of all the votes allocated to them, the proposal must be reviewed by the Commission. On the basis of that review, the Commission may decide to maintain, amend or withdraw the proposal, and it must give reasons for its decision.

Within the deadline laid down in Article 6 of Protocol No 2, fourteen chambers of national Parliaments sent reasoned opinions to the Commission stating that the Commission proposal presented on 8 March 2016 does not comply with the principle of subsidiarity, thus triggering the procedure provided for in Article 7(2) of the aforementioned Protocol. The purpose of this Communication is to respond to these concerns as far as they relate to the principle of subsidiarity.

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ESO: Background information: Posting of Workers: Commission discusses concerns of national Parliaments

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