EUROPEAN COMMISSION

Brussels, 7.04.2015
COM (2015) 079
2015/0235 (COD)

Proposal for
A REGULATION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL
on the cooperation between member states and European trade unions
(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Context
The freedom of movement of citizens is one of the vital liberties that the European Union
bases its European citizenship upon since its establishment by the Treaty of Maastricht in
1992. Nevertheless, there are still obstacles in assuring that all barriers are removed from all
member states.
European workers mobility has risen and the mechanism that protects their rights should also
be modified accordingly to the new framework. National trade unions role is to balance the
public policies of the governments in order to guarantee that these do not affect workers
rights, but given the process of removing barriers on the European labour market, when
elaborating or implementing legislation in a certain country, national authorities cannot only
take into consideration national variables in that domain, but also ones from other countries,
from which workers may come or with which workers can establish labour relations.
Therefore, the consultation of national authorities with national trade unions is not enough
anymore and it must be completed by cooperation with European trade unions that can offer
the necessary supranational input in this situation.
2. Objectives
The aim of this legislative proposal is to enhance the cooperation between the national
authorities, especially the governments and the European Trade Unions. This will help
national legislative frameworks to include a supranational overview of the domain so that the
outcome would meet any element of the European figures.

LEGAL ELEMENTS OF THE PROPOSAL

Based on Article 3(2) of the Treaty on European Union (TEU); Article 21 of the Treaty on the
Functioning of the European Union (TFEU); and Titles IV and V TFEU, the Commission
proposes the creation of a Committee for Relations between National Authorities and
European Trade Unions that has instruments for monitoring and sanctioning member states
whose authorities do not respect this regulations provisions.
Proposal for a
Regulation on the cooperation between member states and European trade unions
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COM (2015) 079 final

(Submitted by the Commission on the 7th of April 2015)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the European Union and in particular Article 3,
Having regard to the Treaty on the Functioning of the European Union and in particular
Article 21, Titles IV and V,
Having regard to the proposal from the Commission, drawn up after consultation with the
Advisory Committee on Free Movement of Workers,
Whereas Regulation (Ec) No 883/2004 of the European Parliament and of the Council on the
coordination of social security systemsprovides the coordinates for an integrated European
framework that should ensure workers rights,
Whereas Regulation (Ec) No 987/2009 of the European Parliament and of the Council laying
down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of
social security systemsprovides that in order to determine the competent institution, namely
the one whose legislation applies or which is liable for the payment of certain benefits, the
circumstances of the insured person and those of the family members must be examined by
the institutions of more than one Member State,
Whereas the European Commission Communication No 373/2010 Reaffirming the free
movement of workers: rights and major developmentsprovides that the Commission will
explore ways of tackling the new needs and challenges (in particular in the light of new
patterns of mobility) facing EU migrant workers and their family members, and in the context
of the new strategy for the single market (following the presentation of the Monti report) will
consider how to promote and enhance mechanisms for the effective implementation of the
principle of equal treatment for EU workers and members of their families exercising their
right to free movement,
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Whereas the European Commission Communication No 373/2010 Free movement of EU

citizens and their families: Five actions to make a differenceprovides thatthe economic crisis
has accentuated a debate in some Member States on the impact of free movement on national
social systems and on the pressures on local services,
Whereas the European Parliaments Report on the application of Directive 2004/38/EC on the
right of citizens of the Union and their family members to move and reside freely within the
territory of the Member States provides that, according to the Commission Report, the overall
transposition of Directive 2004/38/EC is disappointing, as not one Member State has
transposed the Directive effectively and correctly in its entirety and, moreover, not one article
of the Directive has been transposed effectively and correctly by all Member States,
Whereas the European Commissions EU Citizenship Report 2010 Dismantling the obstacles
to EU citizens rights provides that the right to free movement is hindered by divergent and
incorrect application of EU law and by cumbersome administrative procedures; that there are
burdensome and uncertain procedures for recognition of academic diplomas and professional
qualifications; that the coexistence of different social security systems challenges workers
mobility,
ADOPT THE FOLLOWING REGULATION:

Article 1
Freedom of movement of European workers
The freedom of movement of European workers should NOT be guaranteed at a supranational
level, given that the European Unions commitments for enhancing the European citizenship
and for creating a single market that includes the labour aspects. It doesnt become a
federation of states.
It is comprised in the European Unions primary and secondary legislation or in the Case law
of the Court of Justice.

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Article 2
Objectives
The aim of the monitoring of the relations of member states and European Trade Unions
though the activity of the Committee for Relations between National Authorities and
European Trade Unions is to assure an inclusive approach of the national authorities towards
European mobile citizens on the labour market. O delimitare a persoanelor care pot migra,
prin avize date in urma analizei atente a fiecarui cetatean ce isi doreste sa migreze.
Article 3
Envisaged actions
European trade unions can notify the Committee for Relations between National Authorities
and European trade unions in case of infringement of workers' rights by member states
authorities. , numai in masura in care acei muncitori au primit avizul favorabil din partea
Comitetului de realtii In the case of a resolution in favour of the European Trade Union, the
Committee can sanction only the member state. , care nu au respectat prevederile avizului
comitetului in ceea ce priveste un migrat care are dreptul de a munci acolo
European trade unions will designate a representative in order to ensure the coordination with
the European institutions as for enhancing the relations with the national authorities of the
member states.
Each member state will designate a representative in order to ensure the coordination with the
European institutions as for enhancing the relations with the European trade unions. The
candidates can be part of any ministry.
Article 4
Implementation
Based on the complaint and on its monitoring conclusions, the Committee for Relations
between National Authorities and European Trade Unions can issue:
a) A yellow card for the member state. In this case, the country is subject to fines ranging
between 100 000 EUR and 1000 000 EUR
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b) A red card for the member state. In this case, the country is subject to fines ranging
between 1 000 000 EUR and 5 000 000 EUR
c) A proposal for suspending the voting rights of the state in the Council of the European
Union. The European Council will approve or reject this proposal.
Parah 2- aceste santctiuni se aplica numai statelor membre amintite in art 4
Article 5
The Committee for Relations between National Authorities and European Trade Unions
The Committee for Relations between National Authorities and European Trade Unions is
established under the authority of the Commission.
This body will be composed of:
a) one representative of each member state
b) one representative of each European trade union
c) five representatives of the Free movement of workers and Social security coordination
(FreSsco) Network
d) three experts from the Directorate General Employment, Social Affairs and Inclusion
of the European Commission
e) two experts from the Directorate General Economics and Financial Affairs of the
European Commission
Article 6
Monitoring and evaluation
The Committee for Relations between National Authorities and European Trade Unions will
monitor and evaluate the situations in the national and supranational level. Doar la nivel
national
The Committee for Relations between National Authorities and European Trade Unions can
issue reports on specific situations in member states and/or the European Union. It will
elaborate an annual record on the overall situation in the European Union, taking into
consideration irregularities if there is the case of such.
The Committee for Relations between National Authorities and European Trade Unions can
collaborate with Eurostat and the Directorates General of the European Commission it
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considers relevant. These are bound to offer the requested information to the Committee for
Relations between National Authorities and European Trade Unions.
Article 7
Penalties
Penalties for member states can be financial or institutional, according to article 4 of the
present regulation, depending on the gravity of the infringement, on its recurrence and on the
aggravating or mitigating circumstances.
Article 8
Application of the Regulation
The decision will be published in the Official Journal of the European Union and shall enter
into force with its publication.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Adopted at Brussels,
For the European Parliament,

For the Council of the European Union,

President

President

ss

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