(28) Effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross-border enforcement of imposed administrative fines and penalties with regard to posting of workers situations, as defined in Directive 96/71/EC and this Directive.

(28) Effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross-border enforcement of imposed financial administrative penalties and/ or fines.

(28) Effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross-border enforcement of imposed administrative fines and penalties.

1. Notes that public procurement accounts for approximately 17 % of the EU’s GDP and is a key market-based instrument geared to the needs of society which, in addition to meeting other objectives, can play a role in fostering sustainable employment, working conditions, innovation particularly for businesses, above all SMEs, promoting social inclusion, and addressing the employment needs of vulnerable and disadvantaged social groups, and can make an important contribution towards meeting the EU 2020 targets; stresses, furthermore, the important role that public procurement can play in promoting a European social model based on quality jo ...[+++]bs, equal opportunities, non-discrimination and social inclusion; emphasises, at the same time, that the application of procurement law to the provision of personal social services is often not the best way of ensuring optimum results for the users of the services in question;

The main features were: seasonality, the particular work patterns in the performing arts sector, the provision of residential accommodation at the workplace, autonomy and knowledge working, working in remote areas, the provision of 24-hour services, safety-critical functions, rapidly-fluctuating demand, growth of part-time employment, costs and global competitiveness pressures and skills shortages.

The Directive applies to both public and private sectors, but certain actions by Member States (e.g. the police) may entail exercise of public authority without any element of provision of ‘service’ within the meaning given to that concept in the Treaties and the case-law of the CJEU.