MOTION FOR A RESOLUTION on respect for the fundamental right of free movement in the EU
13.1.2014 - (2013/2960(RSP))
pursuant to Rule 110(2) of the Rules of Procedure
Rebecca Harms, Daniel Cohn-Bendit, Jean Lambert, Elisabeth Schroedter, Judith Sargentini, Franziska Keller, Marije Cornelissen, Hélène Flautre, Malika Benarab-Attou on behalf of the Verts/ALE Group
See also joint motion for a resolution RC-B7-0016/2014
B7‑0016/2014
European Parliament resolution on respect for the fundamental right of free movement in the EU
The European Parliament,
– having regard to Article 45 of the Treaty on the Functioning of the European Union,
– having regard to Regulation (EU) No 492/2011of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union[1],
– having regard to Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States[2],
– having regard to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems[3], and to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems[4],
– having regard to the statement by Commissioner László Andor of 1 January 2014 on the end of restrictions on free movement of workers from Bulgaria and Romania,
– having regard to the statement by the Commission of 25 November 2013 on upholding the free movement of people,
– having regard to the Charter of Fundamental Rights of the European Union,
– having regard to the statements by the Council and the Commission of 15 January 2014 on respect for the fundamental right of free movement in the EU,
– having regard to Rule 110(2) of its Rules of Procedure,
A. whereas the principle of free movement of persons is a fundamental right for all citizens of the Union, enshrined in the Treaty on the Functioning of the European Union;
B. whereas free movement is at the core of the EU’s values, giving its citizens the possibility to choose where to live and work and creating mobility and development on the labour market, in the education system and beyond;
C. whereas the free movement of citizens of the Union and their family members facilitates mobility, but does not grant rights beyond the right to stay and reside for up to three months in another Member State;
D. whereas the free movement of workers comes with both rights and obligations, and cannot be seen as unrestricted;
E. whereas the free movement within the EU of people looking for opportunities and a new life is partly due to poverty in some areas of the Union;
F. whereas poverty may be a reason for people to leave their countries and seek opportunities within the EU; whereas the Member States should focus on reducing poverty throughout the EU; whereas poverty in itself can never be a reason for repatriation or forced return from one Member State to another;
G. whereas poverty reduction is a specific objective under the European Social Fund and the Europe 2020 strategy, and whereas it is up to the Member States to use the associated funds accordingly;
H. whereas the principle of non-discrimination and equal treatment on the labour market is a core principle that must be fully respected;
I. whereas the Member States have had the necessary time to adjust their social security systems to the free movement of workers in the EU, especially those making use of the transition period;
1. States that the principle of free movement is a fundamental right for all citizens of the Union, and that no derogations from EU law in respect of this fundamental right can be accepted;
2. Views as regrettable the very negative and unjustified focus on the so-called burdens stemming from free movement expressed by several European leaders in the days running up to the expiry of the transition period for Bulgaria and Romania;
3. Strongly contests the position taken by the same European leaders in calling for changes and for restriction of the free movement of citizens; stresses that reducing the rights of one group of citizens excludes and singles out that group, is perceived as unfair treatment by the EU, runs the risk of leaving these groups open to attacks by xenophobic forces, and has wider implications for the rise of racism and xenophobia in all the Member States;
4. Considers the position taken by some political parties that migration is a burden on national social welfare systems and that so-called ‘welfare tourism’ is an overriding threat to the Member States’ social systems to be erroneous; stresses that none of the Member States claiming this burden have presented proof to the Commission as requested;
5. Points out that Directive 2004/38/EC already provides for a restriction whereby people have to prove that they have sufficient resources so as not to become a burden on the social assistance system of the host Member State;
6. Calls on the Commission and the Member States to ensure that labour law is strictly enforced so as to guarantee equal treatment of all EU workers; stresses that the Member States must make every effort to end the exploitation of vulnerable workers, and that this supports fair business competition as well as fair labour markets;
7. Acknowledges that a few so-called hotspots, where groups of very poor people from other Member States have arrived, do exist and that this creates tensions for the cities in question; notes that a number of local authorities and communities have worked constructively to find solutions to these problems;
8. Considers, however, that such tensions could and should be addressed both by helping the individuals concerned and by supporting the regions in question, i.e. via the European Social Fund;
9. Calls on the Member States to stand firm in defence of workers’ right to free movement as a fundamental right that should be underpinned by decent social and labour rights and strong enforcement of labour laws;
10. Stresses that where EU citizens work or reside alongside one another, their rights and obligations should not depend on their nationality;
11. Calls on the Member States to use every possible means to fight poverty-driven migration within the EU, without undermining the principle of free movement of people and their family members;
12. Calls on the Member States to ensure that foreign EU workers and national workers are treated equally;
13. Instructs its President to forward this resolution to the Commission, the Council and the governments and parliaments of the Member States.