Commission’s position on discrimination against Polish companies
28.1.2020
Question for written answer E-000495/2020
to the Commission
Rule 138
Beata Szydło (ECR), Elżbieta Rafalska (ECR), Joanna Kopcińska (ECR), Anna Zalewska (ECR)
The posting of workers in the framework of the cross-border provision of services is one of the four fundamental freedoms of the European Union. The EU's priority is to create a single EU market that guarantees the seamless flow of persons, goods, services and capital. These freedoms are intended to create ideal conditions for the development of competitiveness and sustainable economic growth in all Member States.
Meanwhile, more and more Polish companies are drawing attention to discriminatory practices on the part of French labour inspectorates. As a result of inspections, companies are liable to be considered as operating illegally on the territory of France and, pursuant to the regulations introduced in 2018, are threatened with very high financial penalties of up to EUR 30 000 or imprisonment. According to businesses, the real purpose of the inspections is not to detect irregularities, but to put pressure on Polish companies and force them to move part or all of their activities – and thus, their contributions and taxes –permanently to another country.
Therefore, we ask the following questions:
- 1.What is the Commission’s assessment of such practices by French labour inspectorates, and are they not in conflict with the EU’s freedom to provide services?
- 2.In the Commission’s view, are the French authorities' actions proportionate and compatible with the principle of non-discrimination against foreign operators in the common market?