Le 28e régime: un nouveau cadre juridique pour les entreprises innovantes

Texte tel que publié par le PE, en anglais.

1. Amendement 3Rejeté

   Paragraph 1 b (new)

   Déposé par Arash Saeidi, Mario Furore · The Left

   Ajouté: 1 b. Considers that the proposal on the 28th regime should be accompanied by recommendations on the introduction of a minimum charter of social rights applicable to all S.EUs, ensuring, inter alia, effective compliance with Union and national rules on workers’ protection and rights; stresses the need to consider the establishment of control mechanisms and effective penalties in the event of violations and that those rights cannot under any circumstance be circumvented or reduced by relying on the 28th regime;

2. Amendement 7Rejeté

   Paragraph 10

   Déposé par Arash Saeidi, Mario Furore · The Left

   10. Is Supprimé: mindful of Ajouté: strongly concerned by the risk that a 28th regime could enable the circumvention of mandatory … weaken or circumvent existing levels of protection at Union or national level; Supprimé: insists that Ajouté: in that regard, considers that the proposal on the 28th regime should be accompanied by additional measures, such as a social non-regression clause, in order to avoid the circumvention or weakening of more protective social rules applicable in the country of origin; insists that strong and effective safeguards be set out by way of substantive rules which have a high level of Supprimé: protection and by way of conflict-of-law rules which ensure the application of mandatory domestic rules; Ajouté: protection;

3. Amendement 11Rejeté

   Paragraph 14 b (new)

   Déposé par Arash Saeidi, Mario Furore · The Left

   Ajouté: 14 b. Establishes the automatic creation of a European Works Council (EWC) in any S.EU with more than 50 employees in the Union; stresses that the EWC must have effective rights to information, consultation and internal communication; stresses that those provisions should not limit more favourable rights under national law and should be considered as a minimum basis applicable to all S.EUs;

4. Amendement 14Rejeté

   Paragraph 14 e (new)

   Déposé par Arash Saeidi, Mario Furore · The Left

   Ajouté: 14 e. Recommends that every S.EU should introduce mandatory employee participation on the board of directors or supervisory board, in accordance with the procedures provided for by national law, with a level of employee representation of at least one third of the seats, without prejudice to more protective national provisions; guarantees the free election of employee representatives, their protection against reprisals and the granting of the necessary resources for the exercise of their mandate;

5. Amendement 21Rejeté

   Paragraph 29 a (new)

   Déposé par Arash Saeidi, Mario Furore · The Left

   Ajouté: 29 a. Insists that a wage indexation mechanism be put in place and that such indexation complement, rather than replace, existing basic salaries and social rights; calls on the Commission to draw up, in consultation with the social partners, harmonised guidelines to ensure that that mechanism is implemented in a consistent and verifiable manner;

6. Amendement 25Rejeté

   Paragraph 37

   Déposé par Arash Saeidi, Mario Furore · The Left

   Supprimé: 37. Considers that an alternative dispute resolution mechanism should be established for disputes relating to S.EU s to ensure fast and specialised dispute resolution; further believes that Member States should consider introducing a special panel within their national courts dedicated to disputes between companies relating to S.EU s and that it should be possible for such special panels to conduct the dispute resolution in English; Ajouté: deleted

7. Amendement 26Rejeté

   Paragraph 40

   Déposé par Arash Saeidi, Mario Furore · The Left

   Supprimé: 40. Requests that the Commission submit, by the first quarter of 2026 on the basis of Articles 50 and 114 TFEU, a proposal for a directive following the recommendations set out in the Annex hereto; Ajouté: deleted

8. Amendement 27Rejeté

   Paragraph 41

   Déposé par Arash Saeidi, Mario Furore · The Left

   Supprimé: 41. Considers that the financial implications of the requested proposal should be covered by robust budgetary allocations; Ajouté: deleted

9. Amendement 28Rejeté

   Paragraph 2 a (new)

   Déposé par Sarah Knafo, Milan Uhrík · ESN

   Ajouté: 2 a. Underlines that the choice of legal basis should ensure the broadest possible consensus among Member States; considers that recourse to legal bases requiring unanimity in the Council should not be excluded where the proposed measures significantly affect core aspects of national company law;

10. Amendement 29Rejeté

    Paragraph 10 a (new)

    Déposé par Sarah Knafo, Milan Uhrík · ESN

    Ajouté: 10 a. Stresses, however, that safeguards aimed at protecting workers and other vulnerable parties must not result in disproportionate regulatory burdens or limit the contractual freedom, organisational autonomy and entrepreneurial flexibility of companies opting into the 28th regime;

11. Amendement 30Rejeté

    Citation 2

    Déposé par Pascale Piera · PfE

    – having regard to Supprimé: Articles 50 and 114(1) Ajouté: Article 352 of the Treaty on the Functioning of the European Union,

12. Amendement 31Rejeté

    Recital C a (new)

    Déposé par Pascale Piera, Nikola Bartůšek · PfE

    Ajouté: C a. whereas Europe’s lack of competitiveness and attractiveness stems from the significant regulatory burdens imposed on European companies under the Green Deal; ; whereas it is necessary for the Commission to pursue real simplification rather than considering harmonising all the social, fiscal and statutory rules applicable to companies;

13. Amendement 32Rejeté

    Recital E a (new)

    Déposé par Pascale Piera, Nikola Bartůšek · PfE

    Ajouté: E a. whereas such harmonised rules on company law, social law and taxation are particularly sensitive issues for Member States; whereas a unified European corporate law system in these areas must respect the principle of sovereignty by guaranteeing unanimous voting in the Council; whereas Article 352 of the Treaty on the Functioning of the European Union is therefore the only appropriate legal basis for ensuring that the various national interests are respected;

14. Amendement 33Rejeté

    Paragraph 2

    Déposé par Pascale Piera · PfE

    2. Stresses that a 28th regime must Supprimé: be ambitious in substance and in form; underlines that the rules concerning the 28th regime must be the same throughout the entire Union and that Member States should not be allowed to maintain or introduce, in their national law, provisions which diverge from those laid down in the legal act on the 28th regime; considers the use of a regulation as the most appropriate measure to introduce a 28th regime; acknowledges that a maximum harmonisation directive could serve the same objective; is opposed to Ajouté: not impede the national sovereignty of Member States; is in favor of using Article 352(1) of the Treaty on the Functioning of the European … as a legal basis because it requires unanimity in the Council, which Supprimé: could significantly delay the adoption of the legal act on the 28th regime and jeopardise the ambition and coherence of the corporate form adopted under the 28th regime; insists on Ajouté: is the only legal basis that respect the principle of sovereignty as it requires unanimity in the Council; is opposed to the use of a legal basis that will make it possible to … legal act on the 28th regime in the Council by qualified majority; Supprimé: considers, therefore, that the 28th regime might have to consist of a package of separate legislative proposals; acknowledges that the appropriate legal basis for corporate law matters is Article 50 and 114(1) TFEU; is of the opinion that a directive on the 28th regime needs to be a maximum harmonisation directive in order to achieve the objectives of the 28th regime;

15. Amendement 35Rejeté

    Paragraph 40

    Déposé par Pascale Piera · PfE

    40. Requests that the Commission Supprimé: submit, by Ajouté: refrain from presenting a legislative proposal scheduled for the first quarter of Supprimé: 2026 on the basis of Articles 50 and 114 TFEU, a proposal for a directive following the recommendations set out in the Annex hereto; Ajouté: 2026;