The European labour authority and enhanced enforcement: Briefing requested by the EMPL committee

(1)

(2)

• A brief analysis of existing enforcement problems

• The Authority-proposals for a more effective enforcement

• Positive aspects • Shortcomings

(3)

• Activities of most competent national authorities end at the border; the mandate of control and

enforcement institutions is limited to the national territory

(4)

• Deregistering/cessation of fraudulent

establishments lies outside the competences of compliance authorities

• Social fraud is not regarded a major offense that justifies a European-wide sanctioning.

(5)

• Increased cooperation

• Combining existing instruments

• Joint transnational control activities and other concerted joint actions

(6)

• The recognition of enhanced enforcement as a crucial aspect of fairness in the Single Market

• First start to make an end to a fragmented division of labour between existing instruments

• Enhanced cooperation through intensified information exchange, risk-assessment and concerted joint actions

• Search for more consistency and synergy

(7)

• EU-legitimised mandate for national competent authorities in joint actions not clarified

• The legal validation across the EU of evidence stemming from joint actions is unclear

• Need for an effective and dissuasive fining policy • Access to the alert procedure is very narrow

(8)

• ELA should provide the joint work of national

authorities with legal capacity

• Validate evidence in the frame of ELA-activities on the same basis as evidence obtained in the own Member State

• Establish main rules for an EU-wide dissuasive and effective fining policy, including cessation • The external power to issue an alert