Il 28º regime: un nuovo quadro giuridico per le imprese innovative

Testo come pubblicato dal PE, in inglese.

1. Emendamento 3Respinta

   Paragraph 1 b (new)

   Presentato da Arash Saeidi, Mario Furore · The Left

   Aggiunto: 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. Emendamento 7Respinta

   Paragraph 10

   Presentato da Arash Saeidi, Mario Furore · The Left

   10. Is Rimosso: mindful of Aggiunto: 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; Rimosso: insists that Aggiunto: 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 Rimosso: protection and by way of conflict-of-law rules which ensure the application of mandatory domestic rules; Aggiunto: protection;

3. Emendamento 11Respinta

   Paragraph 14 b (new)

   Presentato da Arash Saeidi, Mario Furore · The Left

   Aggiunto: 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. Emendamento 14Respinta

   Paragraph 14 e (new)

   Presentato da Arash Saeidi, Mario Furore · The Left

   Aggiunto: 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. Emendamento 21Respinta

   Paragraph 29 a (new)

   Presentato da Arash Saeidi, Mario Furore · The Left

   Aggiunto: 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. Emendamento 25Respinta

   Paragraph 37

   Presentato da Arash Saeidi, Mario Furore · The Left

   Rimosso: 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; Aggiunto: deleted

7. Emendamento 26Respinta

   Paragraph 40

   Presentato da Arash Saeidi, Mario Furore · The Left

   Rimosso: 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; Aggiunto: deleted

8. Emendamento 27Respinta

   Paragraph 41

   Presentato da Arash Saeidi, Mario Furore · The Left

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

9. Emendamento 28Respinta

   Paragraph 2 a (new)

   Presentato da Sarah Knafo, Milan Uhrík · ESN

   Aggiunto: 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. Emendamento 29Respinta

    Paragraph 10 a (new)

    Presentato da Sarah Knafo, Milan Uhrík · ESN

    Aggiunto: 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. Emendamento 30Respinta

    Citation 2

    Presentato da Pascale Piera · PfE

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

12. Emendamento 31Respinta

    Recital C a (new)

    Presentato da Pascale Piera, Nikola Bartůšek · PfE

    Aggiunto: 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. Emendamento 32Respinta

    Recital E a (new)

    Presentato da Pascale Piera, Nikola Bartůšek · PfE

    Aggiunto: 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. Emendamento 33Respinta

    Paragraph 2

    Presentato da Pascale Piera · PfE

    2. Stresses that a 28th regime must Rimosso: 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 Aggiunto: 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 Rimosso: 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 Aggiunto: 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; Rimosso: 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. Emendamento 35Respinta

    Paragraph 40

    Presentato da Pascale Piera · PfE

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