Hungarian National Assembly

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 96/71/EC of The European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services

Scrutiny details

Subsidiarity deadline: 10/05/2016
 
Scrutiny Information

Scrutiny date: 30/03/2016

  A reasoned opinion has been sent

No Important information to exchange

No Veto

Information on parliamentary scrutiny

The Committee on European Affairs of the Hungarian National Assembly decided to launch scrutiny procedure on the legislative proposal on its meeting of 26 September 2016.
The Committee on Business Development was requested to build opinion on the EU draft at the beginning of the procedure.
The key points of the negotiating position of the Government as well as the state of play of the EU decision-making process were highlighted by the Deputy State Secretary of the Minsitry for National Economy at the meeting of the Committee on European Affairs of 18 October 2016.
The Deputy State Secretary of the Ministry for National Economy presented the key elements of the legislative proposal, the state of play of the EU decision-making process as well as the negotiating position of the Government at the meeting of the Committee on Business Development of 14 March 2017.
The opinion of the above mentioned sectoral Committee was adopted unanimously.
During the meeting of the Committee on European Affairs held on 23 May2017 the Deputy State Secretary of the Ministry of National Economy summarised the key points of the position of the Government as well as the state of play of the EU decision-making process regarding the EU draft. Then, the Committee on European Affairs adopted its standpoint on the governmental position pertaining to the EU draft.
The Deputy State Secretary of the Ministry for National Economy presented the key points of the negotiating position of the Governmentalong withthe state of play of the EU decision-making process at the meeting of the Committee on European Affairs of 7 November 2017.

Since the National Assembly's 2014-2018 term ended on 8 May 2018, the scrutiny procedure was therefore concluded.


Lisbon Treaty procedures
 
  Political Dialogue

20/07/2016 | EC reply to the Hungarian National Assembly_concerns not related to the subsidiarity
The Hungarian National Assembly adopted its reasoned opinion on 10 May 2016.
The European Commission (EC) addressed on 20 July 2016 the subsidiarity related concerns raised by the 14 chambers in a joint communication [ COM (2016) 505]. The communication declares that the proposal will be maintained. In addition, the European Commission on 20 July 2016 - in the framework of the political dilalogue - sent replies to the national Parliaments concerned where it addressed the concerns not related to the subsidiarity. The letter states that it should be read in conjunction with the communication adopted on 20 July. English and Hungarian versions are attached accordingly.

  Reasoned opinion

10/05/2016 | RO of the Hungarian National Assembly and EC replies

The Committee on European Affairs (The Committee) of the Hungarian National Assembly discussed the proposal on its meeting of 30 March 2016.
The Deputy State Secretary of the Ministry of National Economy highlighted the key points of the proposal as well as the standpoint of the Government.

The Committee on European Affairs debated the proposal on its meeting of 12 April 2016. During the meeting of 18 April 2016 the Committee adopted its report in which it considers that the proposal does not comply with the principle of subsidiarity, therefore proposes that a reasoned opinion is adopted by the Hungarian National Assembly within the deadline set by Protocol No. 2.

The Commitee's main concerns are as follows:

In contrast with Article 5 of the Protocol No. 2 the explanation of the proposal lacks any justification of its compliance with the principle of subsidiarity and the impact
assessment does not contain any relevant information regarding the real impact of the introduction of remuneration;

Compared to the directive 96/71/EC, the proposal - in contrast with the principles of necessity and proportionality- would significantly limit the freedom to provide services.
In addition, it would artificially distort competition among companies to such an extent, which cannot be justified by the introduction of
equal pay (equalization of labour costs);

By introducing remuneration instead of the minimum rate of pay as stipulated by the directive 96/71/EC, the proposal does not provide any added value since the notion of remuneration is less unambiguous and certain. The introduction of a notion which is not clear for all stakeholders, is not conform to the principles of legal certainty and
subsidiarity;

Contrary to the Article 2 of Protocol No. 2, wide public consultation was not carried out prior to the publication of the proposal and the European Commission
did not take into account the regional and local impacts of the proposal;

In relation with the social policy aspects of the proposal, the introduction of the remuneration aims to artificially equalize the diverging wage levels of Member States, which do not distort competition and which are primarily due to their different economic development. However, this is not in line with the respective provisions of TFUE granting supportive and complementary competences to the Union in the field of the social policy.

The reasoned opinion of the Hungarian National Assembly was adopted on the plenary meeting of 10 May 2016.

The figures of the votes at the Országgyűlés are the following: 139 in favour, 33 against, 1 abstention.

The European Commission addressed on 20 July 2016 the subsidiarity related concerns raised by the 14 chambers in a joint communication [ COM (2016) 505]. The communication states that the proposal will be maintained. In addition, the European Commission on 20 July 2016- in the framework of the political dialogue- sent replies to the concerned national Parliaments where it addressed the concerns not related to the subsidiarity. The letter states that it should be read in conjunction with the communication adopted on 20 July. English and Hungarian versions are attached accordingly.

Contact points for EU matters

Specific Contacts:
Phone: +36 1 441 44 98  Email Mr. Csaba Gergely TAMÁS
IPEX Correspondents:
Phone: +36 1 441 44 86  Email Mr. Daniel Nyilas
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