On the revision of the European Labour Authority mandate
B-9-2024-0059
on behalf of the Committee on Employment and Social Affairs · Rapporteur: Dragos Pîslaru
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Parliament calls on the Commission to propose a targeted revision of the European Labour Authority's founding regulation to strengthen its mandate and added value for national authorities.¶ It wants the Authority to be able to open inquiries and inspections of cross-border cases on its own initiative, after notifying national authorities, and to act on requests from social partners.¶¶ It asks to extend the Authority's scope to third-country nationals' labour mobility and to sector-specific rules such as transport, construction, agriculture and temporary agency work.¶ It calls for data-processing powers, access to the Internal Market Information System and other databases, and cooperation with Europol, Eurojust and the European Public Prosecutor's Office.¶¶ It asks Member States to give their authorities sufficient resources and to involve social partners, and asks the Commission to propose a European social security number.¶¶¶ It wants the Authority to have enough own staff, with seconded national expert posts converted to permanent posts.¶
Key points
- Calls on the Commission to present a proposal for a targeted revision of the European Labour Authority's founding regulation to strengthen its mandate.¶
- Wants the Authority to investigate alleged breaches or non-application of EU law and to start inquiries and inspections of cross-border cases on its own initiative, after notifying national authorities.¶
- Stresses that the Authority and national authorities must cooperate with social partners while respecting their autonomy, rights and prerogatives under national industrial relations.¶
- Calls for the Authority's scope to cover labour mobility of third-country nationals, with a focus on ending bogus posting and bogus self-employment, and to include sector-specific labour law.¶
- Calls for follow-up on joint inspections, for the Authority to be able to start administrative and legal proceedings, and to support recovery of unpaid wages and social security contributions.¶
- Says social partners should be able to request an inquiry or inspection, receive follow-up information, and get a full justification if a request is rejected.¶
- Urges the Authority to prioritise cross-border enforcement and controls, cooperate with other EU agencies, and keep a record of violations, including deterrent financial sanctions.¶
- Wants the revised regulation to require the Authority to report suspected irregularities in the application of EU law, including beyond its competences, to the Commission and the Member State concerned.¶
- Calls for timely, systematic and structural involvement of EU, sectoral and national social partners in the Authority's activities, and for national authorities to cooperate more closely with them.¶
- Calls on Member States to strengthen cooperation with the Authority, provide sufficient resources, and let national liaison officers and seconded experts work independently; EU-level social partners may each designate a liaison officer.¶
- Wants the Authority to address the situation of third-country nationals, collect and access data on mobile workers, and help Member States enforce legislation for them.¶
- Reiterates its call on the Commission to propose a European social security number without delay, and asks for data-processing powers, access to the Internal Market Information System and national data, better EURES, and cooperation with Europol, Eurojust and the European Public Prosecutor's Office.¶¶¶
Who is affected
- The European Labour Authority: its mandate, powers, data access and staffing would be expanded.¶¶¶
- National enforcement authorities: would gain support and resources, and cooperate more with the Authority and social partners.¶¶
- Social partners: could request inquiries, receive follow-up, and be involved in the Authority's activities.¶¶
- Third-country nationals working in the EU: would fall under the Authority's scope and receive support.¶¶
- The Commission: asked to propose a revised regulation and a European social security number.¶¶
Figures and deadlines
- about 10 million EU citizens of working age living in another Member State in 2021¶
- 9.93 million third-country nationals employed in the EU labour market in 2022, 5.1 % of the total working age population
- by 1 August 2024, and every five years thereafter, the Commission must assess the Authority's performance¶
- 20 principles set out in the European Pillar of Social Rights¶
Legal basis: Article 45(2) of the Treaty on the Functioning of the European Union¶