11 Citizenship of the European Union
| (26171)
14216/04
COM(04) 695
+ ADD 1
| Report from the Commission - Fourth Report on Citizenship of the Union
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| Legal base | — |
| Document originated | 26 October 2004
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| Deposited in Parliament | 1 December 2004
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| Department | Home Office |
| Basis of consideration | EM of 1 February 2005
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Legally and politically important
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| Committee's decision | Cleared
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Background
11.1 Article 22 EC requires the Commission to report every three
years on the application of the provisions of Articles 17 to 22
of the EC Treaty on citizenship of the Union. (Article 17 EC provides
that every national of a Member State is also a citizen of the
Union.) The rights conferred concern such matters as rights to
free movement and residence, rights to participate in elections,
diplomatic and consular protection and rights to petition the
Ombudsman and the European Parliament. The present document is
the fourth such report, covering the period 2001 to 2004.
The Commission's report
11.2 The report notes the adoption on 29 April 2004 of Directive
2004/38/EC on the right of Union citizens and members of their
families to move and reside freely within the territory of the
Member States. The Directive amends Regulation (EEC) No. 1612/68
on freedom of movement of workers[36]
and codifies subsequent case law and a number of Directives. The
effect of the Directive is to permit a citizen of the Union to
reside in another Member State for three months with no conditions
other than to hold a valid passport or identity card. For periods
from three months to five years thereafter, such residence remains
subject to conditions. The person exercising the right of residence
must either be a worker or self-employed or have sufficient resources
for themselves and their families not to become a burden on the
social security system of the host State and have comprehensive
sickness insurance. The requirement for a residence card has been
abolished and a permanent right of residence is acquired after
five years' residence in the host Member State.
11.3 The report also notes the adoption in 2002 of
an agreement between Switzerland and the EC and its Member States
providing for the free movement of Swiss and EC nationals on the
basis of the rules applying within the European Union. The report
also recalls that in 2003 the European Parliament called on the
Commission to ensure that the standards and procedures for the
repatriation of mortal remains are harmonised throughout the EU.
The Commission notes that this subject "can be identified
as a possible new area for strengthening the right of free movement".
11.4 A section of the report deals with developments
relating to the right to vote. It notes the adoption of Decision
2002/772 concerning the election of members of the European Parliament,
and the extension of voting rights to Gibraltar by the United
Kingdom following the judgment of the European Court of Human
Rights in Matthews v. United Kingdom. The reports notes
the proceedings commenced by Spain against the United Kingdom
in respect of this extension of voting rights in elections to
the European Parliament. The report also refers to the adoption
of Regulation 2004/2003/EC on political parties at European level,[37]
of Directive 93/109/EC on the right to participate in the State
of residence in elections to the European Parliament,[38]
of Directive 94/80/EC on electoral rights of Union citizens in
municipal elections[39]
and of various Commission Communications relating to the above.
11.5 The report notes that the right of free movement
has been extended to Swiss nationals and already exists for nationals
of Norway, Iceland and Liechtenstein. It suggests that a next
step could be to provide for the right to vote and stand as a
candidate in local elections by means of agreement between the
Member States and the third countries concerned. The report also
raises the question of rights to participate in national or regional
elections, recalling that the Member States do not grant such
rights to nationals of other Member States residing in their territory,
but without making any suggestion for action. It states instead
that "decisions concerning possible measures to be adopted
under Article 22(2) of the EC Treaty still require careful consideration".
11.6 The report notes the coming into force in May
2002 of Decision 95/553 on the protection of citizens of the Union
by diplomatic and consular representations of the Member States
in non-member countries,[40]
as well as the use made by Union citizens of their rights to petition
the European Parliament and the European Ombudsman.
The Government's view
11.7 In her Explanatory Memorandum of 1 February
2005, the Parliamentary Under-Secretary of State at the Home Office
(Caroline Flint) reviews the contents of the report, noting the
measures which have been taken to implement the various instruments
in the United Kingdom.
11.8 On the question of the right to vote for nationals
of other Member States, the Minister explains that the law in
the United Kingdom permits such persons to vote and stand as candidates
in municipal elections if they are resident in the United Kingdom.
As far as national and regional elections are concerned, the Minister
notes that citizens of Commonwealth countries (including Cyprus
and Malta) and of the Republic of Ireland are eligible to vote
in all UK elections and that these arrangements reflect the close
ties which exist with those countries. As far as other Member
State and third country nationals are concerned, the Minister
comments as follows:
"On those occasions when it has considered the
issue, Parliament has taken the view that the existing rights
of groups which have entitlement to vote should not be disturbed,
but that foreign nationals should be required to obtain British
citizenship before being able to do so. Citizenship of the country
of residence is the normal prerequisite for the right to vote
at national elections in most democracies and the Government shares
the view that this should be so."
11.9 The Minister adds that any proposal that voting
rights might be extended to EFTA countries in UK local elections
and to EU citizens in national elections "would have significant
policy implications for the United Kingdom", but that the
Government is not aware of any proposals for discussions of these
matters.
11.10 The Minister states that the Government supports
the idea of an EU-wide provision on the repatriation of mortal
remains, noting that in 2003-04 UK missions in the EU were required
to take action over the deaths of 2,765 British nationals and
that in some cases confusion over procedures for repatriation
caused delays and distress to bereaved families.
11.11 The Minister refers to the case brought by
Spain over the creation in the European Parliament (Representation)
Act 2003 of a combined constituency and the extension of the franchise
and the right to stand to people in Gibraltar. Spain alleges that
these acts contravene EC law, but the Minister states that the
UK is defending the case "robustly" and that the Commission
has intervened in the UK's favour.
Conclusion
11.12 We thank the Minister for her detailed and
helpful Explanatory Memorandum. We agree with the Minister that
citizenship of the country of residence is, and should be, a prerequisite
for exercise of the right to vote.
11.13 We have no questions to put to the Minister
and we clear the document.
36 OJ No. L257 of 19.10.1968, p.2. Back
37
OJ No. L 297 of 15.11.2003, p.1. Back
38
OJ No. L 329 of 30.12.1993, p.34. Back
39
OJ No. L 368 of 31.12.1994, p.38. Back
40
OJ No. L 314 of 28.12.1995, p.73. Back
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