Academic journal article Contemporary Readings in Law and Social Justice

The Role of the European Parliament in the Transport Sector

Academic journal article Contemporary Readings in Law and Social Justice

The Role of the European Parliament in the Transport Sector

Article excerpt

1. The Role of the European Parliament

As regards in particular the cabotage of goods, PE expressed in favor of a greater liberalization in order to reduce the number of journeys without a load of trucks (see point 18 of resolution PE of 6 July 2010 relating to a sustainable future for transport). PE also stated that the Commission will have to draw up until the end of the year 2013 a report on transport market in the Union, for the purposes of evaluating, among other things, whether progress in the relation to the harmonization of rules, in particular in the field of social legislation and security are of such a nature as to contribute to internal opening-up of markets for transport by road and lead to abolish the restrictions imposed in respect to cabotage (see point 29 of the fifth indent of the resolution of 15 December 2011 concerning the journey form for a single European space transport - Toward a competitive transport system and efficient from the point of view of resources).

To this matter, the Commission has completed a first stage with its publication, in June 2012, of a group report at a high level, in which it is recommended a progressive opening of European market for the transport of goods by road. In particular, the group recommends introducing two different types of cabotage: the first, limited to a short period on an international route; the second, which does not necessarily take place on an international existing route, but is the subject of a registration procedure in order to ensure application driver's labor law in force in the host country.

On 14 April 2014, the Commission published a report on "the situation of the market of goods transport by road in the European Union" (COM(2014)222). It is about the report requested by the PE in its Resolution from 15 December 2011 (see P7_TA(2011)0584). In this report, the executive announced the review of Regulations (CE) No 1071/2009 and (CE) No 1072/2009 within the framework of the program REFIT (communication from December 2012 on the suitability regulations EU).

The review has the purpose to simplify and clarify the rules in force rather than to open the market subsequently. The new parliament will have, in turn, a word to say regarding the review announced, thanks to his powers of co-decision, in achieving a balanced reform for the European market of transport of goods by road, at all levels, both economic and social.

2. Transport Policy: General Information

The policy in the field of transports is part of common political fields since the Roman Treaties. In addition to transport opening-up of markets and the creation of conditions of fair competition, the principle of "sustainable mobility" has acquired in the last few years a larger significance, in particular in the context of constant growth of gas emissions with greenhouse effect coming from this sector, which will jeopardies the achievement of the climate objectives of the European Union.

2.1. Legal basis: Article 4 (2) (g) and Title VI of TFUE, The objectives

Still in the Treaties of Rome, the Member States have emphasized the importance of a common transport policy by assigning them a separate title within the Treaties. Thus, the transport was one of the first common policy areas of the Community. Major priority was to establish a common market of transport, i.e. to put into practice the free movement of services and the opening of the transport markets.

The process of opening-up of transport markets involves achieving the conditions of fair competition, both at the individual level, for each mean of transport, as well as between them. For this reason, harmonization of acts in law and administrative acts of the Member States, including the framework technical conditions, social and fiscal, acquired, in time an increasingly importance. The successful completion of internal European market, eliminating internal borders, the falling of prices of transport as a result of the opening and liberalization of the transport markets, as well as the changes in production systems and in the procedures of storage led to a steady increase in transport volume. …

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