MIME-Version: 1.0 Content-Location: file:///C:/CAE31AB0/ARTICLE40.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 40]

SINGLE MARKET:

EMPOWERED EUROPEAN PARLIAMENT GIVEN STRONGER ROLE =

OVER FREEDOM OF MOVEMENT OF EU WORKERS

 [ARTICLE 40]

 

 

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area: Treaty on the Functioning of the European Union, Part Three Policies and Internal Actions of the Union, Title III – Free movement of persons, services and capital, Chapter 1 ̵= 1; Workers, Article 40

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<= st1:City w:st=3D"on">Lisb= on Treaty: =

See be= low

 

Consolidated Treaty Article(s):  

“Article 40=

The Council shall, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, issue directives or make regulations setting out the meas= ures required to bring about freedom of movement for workers, as defined in Arti= cle 39, in particular:

(a) by ensuring close cooperation between national employment services;

(b) by abolishing those administrative procedures and practices and those qualifying periods in res= pect of eligibility for available employment, whether resulting from national legislation or from agreements previously concluded between Member States, = the maintenance of which would form an obstacle to liberal= isation of the movement of workers;

(c) by abolishing all such qualifying periods and other restrictions provided for either under national legislation or under agreements previously concluded between Member States as imposed on workers= of other Member States conditions regarding the free choice of employment other than those imposed on workers of the State concerned;

(d) by setting up appropriate machinery to bring offers of employment into touch with applications for employment and to facilitate the achievement of a balance between supply and demand in the employment market in such a way as to avoid serious threats to the standard= of living and level of employment in the various regions and industries.”= ;

 

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Expl= anation: <= o:p>

The empowered European Parliament alo= ng with the Council will take responsibility for an enhanced form of governance over measures relating to the freedom of movement for workers.

 

Although directives or regulations establishing measures required to bring about freedom of movement for worke= rs after consulting the Economic and Social Committee will continue to be gove= rned by co-decision (ordinary legislative procedure) and the Council will contin= ue to act by QMV, the new Lisbon Treaty replaces the words "the Council [shall], acting in accordance with the procedure referred to in Article 251" with "the European Parliament and the Council [shall], actin= g in accordance with the ordinary legislative procedure."

 

This represents a significant shift in decision-making powers. It has given this European institution – which will merely promote (and not debate) the powers over freedom of movement of workers – the ultimate say. This will work against most national policies, from immigration through to management of basic public services.<= span style=3D'mso-spacerun:yes'>