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2008/2234(INI)

Problems and prospects concerning European citizenship

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2008/2234(INI) Problems and prospects concerning European citizenship
RoleCommitteeRapporteurShadows
Opinion AFCO DEMETRIOU Panayiotis (PPE-DE)
Opinion CULT
Opinion FEMM PANAYOTOPOULOS-CASSIOTOU Marie (PPE-DE)
Opinion IMCO IOTOVA Iliana Malinova (PSE)
Opinion JURI GERINGER DE OEDENBERG Lidia Joanna (PSE)
Lead LIBE GACEK Urszula (PPE-DE)
Opinion PETI
Lead committee dossier: LIBE/6/66783
Legal Basis RoP 048, RoP 048-p2
Subjects
Links

Activites

  • 2009/04/02 Text adopted by Parliament, single reading
    • T6-0204/2009 summary
    • Results of vote in Parliament
  • 2009/04/02 Commission response to text adopted in plenary
  • 2009/04/01 Debate in Parliament
  • 2009/03/23 Committee report tabled for plenary, single reading
  • 2009/03/23 Committee report tabled for plenary, single reading
  • 2009/03/16 Vote in committee, 1st reading/single reading
  • 2009/02/05 Committee draft report
  • 2008/09/23 Committee referral announced in Parliament, 1st reading/single reading
  • 2008/02/15 Non-legislative basic document published
    • COM(2008)0085 summary
  • 2008/02/15 Non-legislative basic document
    • COM(2008)0085 summary
    • SEC(2008)0197 summary
    • DG Justice, BARROT Jacques

Documents

Votes

GACEK report (A6-0182/2009) - resolution

2009/04/02
Position Total ALDE GUE/NGL IND/DEM NI PPE-DE PSE UEN Verts/ALE correctional
For 578 87 18 1 2 222 183 29 36 0
Against 64 1 9 10 20 19 0 5 0 0
Abstain 14 1 0 3 2 7 0 0 1 1

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
  • date
    2008-02-15
    docs
    • url
      http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2008&nu_doc=0085
      text
      • PURPOSE: presentation of the 5th report on citizenship of the Union (1 May 2004 to 30 June 2007).

        BACKGROUND: Article 22 of the EC Treaty requires the Commission to report to the European Parliament and the Council every 3 years on the application of the provisions of Part Two of the Treaty which deal with Citizenship of the Union. This 5th report assesses the application of these provisions during the period 1 May 2004 to 30 June 2007 in the light of the development of the Union and considers the need for strengthening the rights conferred on Union citizens.

        CONTENT: the report focuses on the legal core of citizens' rights, namely the right to move and reside within the EU (Article 18), the right to vote and stand as a candidate in European and municipal elections in the Member State of residence (Article 19), the right to diplomatic and consular protection in third countries (Article 20), the right to petition the European Parliament (EP) and the right to apply to the Ombudsman (Article 21). Furthermore, it takes stock of advances in areas closely related to citizenship in the wider sense, such as equal treatment in terms of nationality and the protection of fundamental rights.

        European citizenship in figures: more and more European citizens study, get married, live or work in a Member State of which they are not nationals. As of 1 January 2006, there were approximately 8.2 million EU citizens who were exercising their right to reside in another Member State. The results of the 2007 Flash Eurobarometer public opinion survey on European Union citizenship reveal that Europeans are largely aware of their status as citizens of the Union but would like to be better informed about their rights. More than three-quarters of EU citizens have heard about the term "citizen of the European Union" and are aware that Union citizenship is acquired automatically by being a national of a Member State. 90% know that they are simultaneously Union citizens and Member State nationals. Compared to 2002, this year approximately 8% more Europeans claim to be familiar with the term "citizen of the Union" and to know what it entails while 15% more respondents are aware that Union citizenship is acquired automatically by being a national of a Member State. However less than a third (31%) of respondents feel "well informed" about their rights as Union citizens.

        The main issues raised in the 5th report are as follows:

        - Acquisition or loss of nationality: the Commission is aware of questions related to persons belonging to the Russian-speaking minority in Estonia and Latvia who are considered to be "non-citizens" and to the situation of "erased persons" in Slovenia. Another issue which has been raised concerns the extension of citizenship to nationals of another country on the basis, inter alia, of their membership of an ethnic community. The Commission has no power to deal with the question of the acquisition or loss of nationality. However, within its remit, the Commission has sought to contribute to solutions linked to this issue by promoting integration and by using the Community instruments at its disposal such as ensuring that Member States strictly implement EC anti-discrimination legislation.

        - Free movement and the right of residence: the most important development in this area was the entry into force, on 30 April 2006, of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (see COD/2001/0111).  Citizens will only be able to fully exercise their strengthened rights if they are fully informed of them. This is why between June 2006 and February 2007, 19 infringement procedures were opened for non-communication of national implementing measures. Certain problem areas of incorrect implementation of the Directive have, however, already been identified such as: third country family members who continue to encounter problems, not only with regard to authorisation of their entry but also with the issuing of residence cards. The Commission used and will continue to use its powers in order to ensure compliance with the Directive.

        Many complaints concern obstacles to free movement encountered by Union citizens travelling to another Member State due to the documents demanded by border authorities and air carriers. In June 2005 the Commission invited all Member States to verify that national legislation and practice, including the rules and regulations applied to and by airlines, are in accordance with EC law. Following the Commission's intervention, there were essentially no further complaints in this particular area.

        - Electoral rights: as regards the European Parliament elections, the Commission noted a drop in the participation (45% in 2004, 50% in 1999 and 56% in 1994). An increase of participation of Union citizens living in a Member State other than their State of origin can be noted. This increase is explained by citizens' greater mobility within the EU and by Member States' efforts to inform them of their rights. However, fewer of them are standing as candidates: 62 in 1999 versus 57 in 2004 (of whom three were elected). Consequently, the Commission proposed to amend Directive 93/109 by introducing measures that lighten the burden on candidates and Member States while providing the necessary guarantees against abuses. Measures were also taken to clarify the situation on political parties at European level and their funding. A total of ten political parties at European level receive funding via the Regulation, which is administered by the EP. The budget for the purposes of the political parties at European level was fixed at EUR 10.4 million in 2007.

        - Effective participation of Union citizens in the political life of their Member State of residence:to ensure that Union citizens are able to exercise their electoral rights in their Member State of residence in municipal and European elections, under the same conditions as nationals, the Commission is assessing the legislation of those Member States whose national legislation does not allow non-national Union citizens to become members of political parties and/or to found political parties. The Commission will request the Member States concerned to eliminate such restrictions. Previous reports on citizenship highlighted the concerns of many Union citizens about the fact that in most Member States, non-national Union citizens are deprived of the right to participate in national or regional elections in their country of residence. The Commission invites Member States to examine this issue in order to promote participation of Union citizens in the political life of their country of residence.

        - Diplomatic and consular protection: the acquis in the area of diplomatic and consular protection is very limited (in particular Decision 95/553 regarding protection for citizens of the EU by diplomatic and consular representations which only came into force in May 2002 due to the cumbersome legislative procedures required for its adoption in Member States). Union citizens are increasingly travelling to and living in third countries. The limited representation of Member States in third countries (in 107 out of 166 third countries a maximum of 10 Member States are represented) and the experience gained from recent crises (namely the Asian tsunami and the Lebanon crisis) illustrated that there is room for improvement in cooperation between consular and diplomatic authorities. This is why the Commission adopted a Green Paper on diplomatic and consular protection of Union citizens in third countries (see INI/2007/2196) as well as an Action Plan for the years 2007-2009 proposing a series of measures to enhance this protection. 

        - Right to petition the European Parliament and the Ombudsman: the EP received 1002 petitions in 2004 (623 of which were admissible), 1032 petitions in 2005 (628 admissible) and 1021 petitions in 2006 (667 admissible). Between one quarter and one third of petitions are linked or give rise to, infringement proceedings. Complaints may also be sent to the European Ombudsman concerning instances of maladministration in the activities of the Community institutions or bodies. The Ombudsman has continued to witness an increase in complaints, largely due to the accession of the new Member States: 3726 complaints were received in 2004, 3920 in 2005 and 3830 in 2006.

        - Rendering citizens' rights effective: the Commission continues to receive numerous questions based on alleged violation of their rights, in particular the right of free movement. The success of the SOLVIT mechanism, established in July 2002, should be mentioned. SOLVIT helps Union citizens and businesses find fast and pragmatic solutions to problems arising from the incorrect application of EC law by national administrations, within a deadline of ten weeks. Since its creation, SOLVIT case flow has increased from 12 to 70 new cases per month. The average resolution rate is around 80% and case handling time over the period 2004-2007 has been around 65 calendar days. The majority of complaints (66%) are submitted by citizens and concern residence rights, visa, social security, recognition of professional qualifications and taxation. SOLVIT performs very well but Member States need to ensure that their national SOLVIT centres are sufficiently staffed, which is currently not the case in almost half of the centres.

        - Fundamental rights: while most rights enshrined in the Charter of Fundamental Rights of the EU are not limited to Union citizens, certain rights are linked to citizenship of the Union, i.e. electoral rights (Articles 39 and 40), the right to move and reside freely (Article 45) and the right to diplomatic and consular protection (Article 46). The Council created a major instrument in the field of citizenship on 19 April 2007, when it adopted Decision 2007/252/EC establishing for the period of 2007-2013 the specific programme 'Fundamental rights and citizenship'. The Programme constitutes a new boost for the EU fundamental rights and citizenship policies, one of its main aims being the promotion of a European society based on respect of fundamental rights, including the rights derived from Union citizenship. Community funding under the Programme may be either in the form of grants or through public procurement contracts. The European Union Agency for Fundamental Rights came into existence on 1 March. 2007. It will provide assistance and expertise relating to fundamental rights to the relevant Community institutions and its Member States and raise awareness about fundamental rights.

      title
      COM(2008)0085
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      Non-legislative basic document published
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    Non-legislative basic document published
  • date
    2008-02-15
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    • DG
      Justice
      Commissioner
      BARROT Jacques
    type
    Non-legislative basic document
  • date
    2008-09-23
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2009-02-05
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE419.850
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      Committee draft report
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    Committee draft report
  • date
    2009-03-16
    text
    • The Committee on Civil Liberties, Justice and Home Affairs adopted an own-initiative report drawn up by Urszula GACEK (EPP-ED, PL) on problems and prospects concerning European Citizenship, in response to the Commission's Fifth Report on Citizenship of the Union.

      Citizenship initiative: MEPs welcome the fact that the Treaty of Lisbon makes it possible for one million Union citizens from different Member States collectively to invite the Commission to submit legislative proposals. They call on the Commission to prepare transparent and easily understandable procedures implementing the "citizenship initiative", so that Union citizens are able to effectively initiate legislation immediately after the Treaty of Lisbon enters into force. The Commission should incorporate this right of initiative into its policies regardless of the final status of the Treaty.

      Right of citizens to move and reside freely: the committee recalls that the right of free movement is a linchpin of Union citizenship and therefore finds it highly disturbing that no Member State has yet fully and properly implemented the Free Movement Directive. It calls on the Commission to check carefully in order to ascertain that laws and practices in force in individual Member States do not violate the rights conferred on Union citizens by the EC Treaty and the Free Movement Directive, especially as regards the concepts of 'sufficient resources', 'an unreasonable burden on the social assistance system of the host Member State', 'serious grounds of public policy or public security', and 'imperative grounds of public security'.

      Moreover, MEPs recommend that the Commission continue to use all available means to achieve the lifting of the remaining transitional arrangements imposed on new Member States as soon as possible.

      The Commission is called upon to propose further consolidated and clarified directives improving free movement and other rights for Union citizens in other fields, including in the area of professional mobility, the portability of pensions and social rights and the mutual recognition of degrees and professional qualifications.

      Member States and local authorities are called upon to take further measures to facilitate the movement of Union citizens between Member States, especially with regard to practical issues such as issuing residence papers, work permits, the transfer of vehicle registrations, recognition of personal and vehicle insurance policies issued in another Member State, the transfer of medical records, clear rules on the reimbursement of medical expenses.

      Lastly, MEPs call on the Member States to refrain from adopting legislative acts imposing penalties that would be excessively harsh or discriminatory in relation to Union citizens, such as, for example, detention in the event of removal from the territory of a host Member State, invoking an aggravating circumstance on the grounds that a Union citizen who had committed an offence had previously resided illegally in another Member State, or automatic removal of a Union citizen because he or she had been convicted of a criminal offence.

      Informing citizens: MEPs consider it vital to adopt an effective approach to information and communication aimed at making Union citizens aware of their rights and obligations and helping them to assume an active role in EU decision-taking. They stress the need to launch information campaigns that promote Union citizenship rights among young people, such as setting up a "citizenship programme" in schools and universities, with a view to preparing the younger generation for active citizenship.

      Member States are called upon to incorporate the European dimension into school syllabuses at primary and secondary levels. Moreover, European universities should take all financial measures within their means to increase the percentage of students who take part in exchanges within the Erasmus programme.

      MEPs regret the low number of Union citizens resident in Member States other than their own who take advantage of the right to vote or stand in either European or local elections in their place of residence. They urge the Commission, Member States and local authorities, in view of the imminent 2009 European elections, to launch pan-European, effective information campaigns about the electoral rights of Union citizens and give practical advice on how to exercise them at local level.

      Non-nationals: the report calls on Member States to review their citizenship laws and explore the possibilities of making it easier for non-nationals to acquire citizenship and enjoy full rights, thereby overcoming discrimination between nationals and non-nationals, notably for Union citizens. MEPs believe that stateless persons permanently resident in the Member States should have the right to vote in local elections and that the EU and the Member States have a shared responsibility to promote the inclusion of the Roma as Union citizens.

      Moreover, the report stresses that problems of language or communication skills should not be used as grounds to deny access to social rights to which an individual maybe entitled as a resident of a Member State, including the right to social benefits granted by a national or local authorities.

      European area of justice: the report recommends that the European area of justice be completed in order to ensure that the cross-border aspects of citizenship relating to personal and family life can be effectively protected by common rules in the field of private international law. To that end, it urges the Commission to develop a coherent approach and to put forward the necessary legislative proposals.

      Diplomatic and consular protection: MEPs call on the Commission and the Council to adopt further directives and other measures to strengthen the Community acquis in the field of diplomatic and consular protection and to enact legally binding rules for the implementation of Article 20 of the EC Treaty. The Commission is called upon to set up a free European telephone number, to be shown in the passport, by means of which in an emergency Union citizens can obtain details in their own language of the Member States' consulates so as to secure the assistance they require.

      The EU should also take further measures to protect its citizens in third countries, including taking action to prevent a Union citizen being subject to the death penalty.

      Visa-free travel: the report calls on the Commission to continue to negotiate visa-free travel to third countries on behalf of all Member States and Union citizens. MEPs note the injustice inherent in some Union citizen being subject to visa requirements while others are able to travel under national visa waiver programmes.

    body
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  • date
    2009-03-23
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      title
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      Justice
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      BARROT Jacques
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    Commission response to text adopted in plenary
committees added
  • body
    EP
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    False
    committee
    AFCO
    date
    2008-09-10
    committee_full
    Constitutional Affairs
    rapporteur
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      PPE-DE
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      DEMETRIOU Panayiotis
  • body
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    Culture and Education
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    CULT
  • body
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    date
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    Women's Rights and Gender Equality
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      PANAYOTOPOULOS-CASSIOTOU Marie
  • body
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    Internal Market and Consumer Protection
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      IOTOVA Iliana Malinova
  • body
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      GERINGER DE OEDENBERG Lidia Joanna
  • body
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      GACEK Urszula
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links added
other added
  • body
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procedure added
dossier_of_the_committee
LIBE/6/66783
reference
2008/2234(INI)
title
Problems and prospects concerning European citizenship
legal_basis
stage_reached
Procedure completed
subtype
Initiative
type
INI - Own-initiative procedure
subject