Skip to Main Content

noComment
Milestones 2004 - 2009

In the past five years, the European Parliament has left its mark on European legislation. Often, it has been the guarantor of fundamental labour rights and human rights, imposing modifications on proposals for less restrictive Directives.
 
Some of its more significant legislative topics were as follows:

In defence of fundamental labour rights

The Bolkestein Services Directive and the end of the "country of origin principle"
Without doubt, the best known directive in the history of European integration, the "Bolkestein Services Directive", named after the Commissioner who proposed it. In 2005 it prompted the French rejection of the European Constitution.
 
ServicesThe Directive, which must be applied by the end of 2009, explicitly forbids restrictions on the free movement of services; permitting and facilitating the establishment and the professional activity of a service provider in another member State. Certain services have been excluded from the scope of the directive, such as services of non-economic general interest, certain social services or services that are already covered by sectoral legislation (audiovisual, financial or transport services), as well as health services.
 
It took a year and a half of discussions - often heated - to reach agreement on the text. The main issue in question was the "country of origin principle", which would have allowed service providers to operate in another Member state under the same conditions as in their country of origin. Some MEPs, as well as part of the European Union population, feared this would pave the way for unhealthy competition between Member states and "social dumping".
 
For over a year and a half, at least 10 parliamentary committees studied, debated and amended the text. In its final form, the service provider will be subject to the labour and social laws of the country in which he/she is working.
 
Like the member States, MEPs were also divided. The text was approved by Parliament's two largest political groups - the PPE and the PSE, except for the French MEPs of those groups, who voted against the text, together with members of the GUE-NGL and Greens-EFA groups.

 

Working time: 48 hour maximum working week

working timeDisagreeing with the Council of Ministers, the European Parliament has guaranteed that the working week will not exceed a maximum 48 hours, so as not to compromise the health and safety of workers.
 
The calculation is made over 12 months, which permits a little more flexibility. The MEPs rejected the attempts of some of the member states to opt-out from the maximum 48 hours.  
 
They also said any period of on-call time for certain professions, especially the medical professions, must be considered as working time.

 

Consumer Protection

REACH
The REACH, (Registration, Evaluation and Authorisation of Chemicals), Directive was passed in December 2006. It requires the registration of some 30,000 of the 100,000 chemical substances on the market. Parliament made extensive changes to the draft regulations, including an obligation to replace the most hazardous substances with safer alternatives where these exist, a manufacturers' "duty of care" for health and the environment, and a requirement to promote alternatives to animal testing.
 
roamingMobile Telephones
In force since June 2007, the Roaming Directive has cut the cost of making and receiving mobile telephone calls while abroad within the EU for at least 140 million users.
 
In May 2007 MEPs backed, by an overwhelming majority, a first reading compromise agreement, obtained by Parliament after intense negotiations with the Council of Ministers, which put price caps on charges for using a mobile phone while abroad.

 

Free Market Competition

TrainLiberalisation of European rail services
From January 2010, passengers crossing frontiers within the EU will have a choice of rail operators.  The legislation was adopted in September 2007, after three years of tough negotiations between MEPs as well as between the European Parliament and the Council of Transport Ministers.
 
The Parliament held out for more trans-frontier competition - and at an earlier date - as well as for a series of fundamental consumer rights for rail passengers such as compensation for delays on international rail lines and guarantees that train drivers are indeed properly qualified.

 

Protecting the Environment

environnement.jpgThe 20/20/20 Targets aim to halt global warming.
Since December 2008 the EU has had in place a package of measures aimed at limiting gobal warming.  The EU has established objectives to be met by 2020: 20% less greenhouse gas emissions, 20% increased energy efficiency as compared to 1990, and 20% of all energy to come from renewable sources. 
 
The European Parliament held a series of gruelling negotiations on this issue with the Council of Ministers, which was not keen on imposing the constraints necessary to meet the objectives.  In the end, the deal which was negotiated and voted through by the MEPs includes a revised emissions trading scheme; CO2 reduction objectives for member states in sectors not currently covered by the system; a legislative framework for carbon capture and storage (CCS); ambitious targets on renewable energy sources and even a ruling on carbon emissions from new cars.

 

Focus on Human Rights and Civil Liberties

CIA activities in Europe
When the scandal broke, MEPs demanded explanations from the member states of their participation in the CIA's rendition flights, (air transfers of terrorist suspects to secret prisons), within the EU.  A European Parliament Temporary Committee was created and alarm bells sounded.  The committee complained that various member states refused to co-operate, stating that "the principle of loyal cooperation enshrined in the Treaties – which requires member states and the EU institutions to take measures to ensure the fulfilment of their obligations under the Treaties, such as the respect for human rights, ... has not been respected".
 
Data on air passengersData on air passengers and biometric passports
The European Parliament had serious reservations about sharing data on transatlantic air passengers with the US.  Finally a list of recommendations was passed to the Council about the agreement to transfer data.  The Parliament also had reservations about further and auxiliary uses of passenger data, for example for controlling illegal immigration, fearing that this could lead to erosions of privacy.     
  
Biometric passports will be obligatory from June 29 2009.  These passports contain biometric information including digitally scanned fingerprints.  The European Parliament opposed taking fingerprints of children younger than 12-years old.

 

When the European Parliament says No!

noThe European Parliament has the right to reject proposed legislation in its entirety if the house finds that the proposals are completely unacceptable and that no satisfactory improvement to the proposals is possible.  And sometimes, the Parliament uses this right.
 
The European Parliament threw out the proposed Directive on Software Patents which would have allowed the patenting of software inventions - as happens in the United States.  The Directive would have affected all inventions using computers, information networks, or other similar equipment.  The rejection of the Directive, in 2005, by a near- unanimous vote, put an end to three years of debates on the question.
 
MEPs also threw out a proposal to open port services to greater competition, in 2006.  The Port Package II proposals were aimed at "modernising ports and increasing their workload" by opening port services, (such as loading and unloading vessels), to competition.  A large majority of MEPs felt that such a move would result in large job losses amongst dockers and the lowering of working conditions for sailors who could end up being asked to replace dockers, and load and unload vessels themselves.  The rejection of the proposed Directive, (by 532 against 120 and 25 abstentions), meant the European Commission had to withdraw it.

noComment
elex2009-header-history