1 EU Citizenship
(a)
(32139)
15936/10
COM(10) 603
(b)
(32140)
16219/10
COM(10) 605
(c)
(32138)
16392/10
COM(10) 602
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EU Citizenship Report 2010: Dismantling the obstacles to EU citizens' rights
Report on the election of Members of the European Parliament (1976 Act, as amended by Decision 2002/772/EC, Euratom) and on the participation of EU citizens in elections for the European Parliament in the Member State of residence (Directive 93/109/EC)
Commission report under Article 25 TFEU on progress towards effective EU citizenship 2007-10
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Legal base |
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Document originated | (All) 27 October 2010
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Deposited in Parliament | (All) 5 November 2010
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Department | Foreign and Commonwealth Office
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Basis of consideration | EM of 17 December 2010
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Previous Committee Report | None
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To be discussed in Council | 21 January 2011
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Committee's assessment | Politically important
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Committee's decision | For debate in European Committee B
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Background
1.1 The Maastricht Treaty introduced the concept of citizenship
of the European Union. All nationals of EU Member States are also
EU citizens. EU citizenship confers a set of rights which are
enshrined in the EU Treaties. These include:
- the right to live and work in another Member State;
- the right, if resident in another Member State,
to vote and to stand as a candidate in local and European Parliament
elections;
- the right to diplomatic and consular protection
if living or travelling outside the EU;
- the right to petition the European Parliament
or to apply to the European Ombudsman; and
- the right to participate in a citizens' initiative
inviting the Commission to propose draft legislation for consideration
by the European Parliament and Council.[1]
1.2 In September 2009, at the beginning of his second
term of office, the President of the Commission (Mr Barroso) published
a set of political guidelines to inform the work of the new Commission.
He said:
"Revitalising the link between the peoples
of Europe and the EU will make it both more legitimate and more
effective. Empowering citizens to be involved in decisions affecting
their lives, including by ensuring transparency on how they are
taken, will help to achieve these aims. This means that the rights
of European citizens must have real effect: citizens today should
not find that they still face obstacles when they move across
borders within the EU."
1.3 He continued:
"EU citizens still face numerous obstacles
when they try to source goods and services across national borders.
They should be able to make use of their rights as EU citizens
in the same way as they use their rights as national citizens.
The Commission will draw up a comprehensive report on these obstacles
for citizens and propose how they can best be removed, together
with the report on the obstacles still persisting in the internal
market."
1.4 Document (a) EU Citizenship Report 2010:
Dismantling obstacles to EU citizens' rights fulfils
President Barroso's commitment to identify obstacles which impede
EU citizens' enjoyment of rights conferred by EU law and to propose
a set of measures to help overcome them. The report is intended
to complement the Commission's Communication, Towards a Single
Market Act for a highly competitive social market economy
which suggests ways to improve the functioning of the Single
Market so that it meets the needs and expectations of citizens
when acting as economic operators (for example, consumers, businesses,
workers).[2] The EU Citizenship
Report is accompanied by two further documents. Document (b) assesses
EU citizens' awareness of, and participation in, the 2009 elections
to the European Parliament and includes an analysis of Member
States' transposition and implementation of relevant EU legislation.
Document (c) fulfils the Commission's obligation, under Article
25 of the Treaty on the Functioning of the European Union (TFEU),
to report every three years on the application of the citizenship
provisions now contained in Part Two of the TFEU.
Document (a) EU Citizenship Report 2010
1.5 The Commission says that EU citizens who "extend
aspects of their life beyond national borders, through travel,
study, work, marriage, retirement, buying or inheriting property,
voting or just shopping online from companies established in other
Member States should fully enjoy their rights under the Treaties."[3]
The EU Citizenship Report identifies 25 practical obstacles confronting
EU citizens in their different capacities as private individuals,
consumers, residents, students, professionals or political actors
which make it difficult for them to exercise the rights
associated with EU citizenship and proposes 25 actions to overcome
them. According to the Commission, the actions proposed fall into
three categories:
- ensuring the effective enforcement
of EU rights;
- making it easier for EU citizens to exercise
their rights; and
- raising EU citizens' awareness of their rights.
Citizens as private individuals
1.6 The Commission says that an increasing number
of EU citizens are exercising their free movement rights by studying,
working and living in a Member State other than their own, but
encounter a host of practical difficulties. For example, procedures
for securing recognition of civil status documents, such as birth
or marriage certificates, can be complex; the law applicable to
jointly owned assets, such as bank accounts or property, can be
difficult to ascertain; the rights of victims of crime or of suspects
or defendants involved in criminal proceedings (including access
to lawyer) vary from one Member State to another; EU citizens
may be subject to double or discriminatory taxation; and they
may experience difficulties accessing healthcare in other Member
States. EU citizens who travel outside the EU may require assistance
from the diplomatic or consular authorities of Member States represented
in the third country, if their own Member State of nationality
does not have an embassy there. The Commission proposes eight
actions to address these difficulties:
- a law in 2011 to make it easier
for married couples or registered partners to know which courts
have jurisdiction and which law applies to their property;
- a law in 2013 to facilitate the free circulation
of civil status documents;
- developing the e-Justice web portal to provide
more multilingual information on civil and criminal law and procedures;
- two laws in 2011 to improve the protection of
suspects or defendants in criminal proceedings, including provision
for access to a lawyer;
- a law and other measures in 2011 to improve the
protection of victims of crime;
- a law in 2011 to simplify the formalities for
registering cars previously registered in another Member State
and further action to prevent double or discriminatory taxation;
- improving access to cross-border healthcare by
providing secure online access to medical health data and ensuring
widespread use of telemedicine services by 2020, and recommending
a minimum common set of patient data to enable patient data to
be accessed or exchanged electronically across borders by 2012;
and
- laws in 2011 to increase the effectiveness of
EU citizens' right to diplomatic and consular assistance in third
countries and developing a dedicated website to raise awareness
of this right.
Citizens as consumers
1.7 The Commission says that, while many EU citizens
spend their holidays in another Member State, few are aware of
their rights. The problems are compounded for EU citizens with
disabilities who face additional obstacles of access. Consumers
remain reluctant to shop across borders because they believe that
levels of consumer protection may be lower and that it will be
more difficult to obtain effective redress if goods or services
are defective. The Commission proposes the following six actions:
- a law in 2011 to update existing
EU rules on package travel and to make it easier to buy packages
from other Member States;
- completing the legislative framework to ensure
that passengers have a set of common rights regardless of the
mode of transport when travelling across the EU and ensuring that
citizens have ready access to information about their rights at
transport hubs;
- an EU Disability Strategy for 2010-20 to improve
access to all means of transport, promote better access to travel
insurance, develop EU-wide standards on access to the built environment
and establish an annual award for the most accessible European
cities;
- organising awareness-raising campaigns for European
tourists and monitoring consumer satisfaction with a range of
tourism services;
- publishing a Code of EU Online Rights by 2012
setting out the rights of users of online services; and
- a law in 2011 on Alternative Dispute Resolution
mechanisms to facilitate out-of-court resolution of consumer complaints,
and possible proposals for an EU online dispute resolution system
for e-Commerce transactions by 2012.
Citizens as residents, students and professionals
1.8 The Commission says that EU citizens living in
other Member States continue to encounter discrimination on grounds
of nationality or face unnecessary bureaucratic obstacles. Obtaining
recognition of professional qualifications can be costly, complex
and slow, existing arrangements for exchanging information on
social security are cumbersome and EU rules on social security
coordination do not cover, for example, occupational pensions.
The Commission proposes the following three actions:
- greater vigilance in enforcing
EU free movement rules, including on non-discrimination, and disseminating
more information to EU citizens on their free movement rights;
- a law in 2012 to speed up the recognition of
professional qualifications; and
- developing a new system for the electronic exchange
of social security data to reduce delays.
Citizens as political actors
1.9 The Commission notes the steadily declining turnout
for elections to the European Parliament, even though EU citizens
who live in another Member State are entitled to vote or stand
as a candidate there for local or EP elections, and highlights
restrictions in some Member States which make it difficult for
nationals of other Member States to join political parties or
found their own party. EU law does not confer a right to vote
in national elections in the Member State of residence and the
Commission notes that some EU citizens (including UK nationals)
who move to another Member State may end up being disenfranchised
if electoral law in their Member State of origin precludes them
from voting in national parliamentary elections.[4]
The Commission proposes the following four actions:
- asking Member States to ensure
that the results of future EP elections are published at the same
time, to avoid any risk that the outcome in one Member State may
influence voting in others;
- asking Member States to ensure that EU citizens
are informed of their electoral rights in their Member State of
residence, that their voting rights are fully enforced and that
they are able join or found political parties;
- simplification of the procedure for EU citizens
to stand as candidates for election in their Member State of residence
and proposals to improve the existing mechanism for the exchange
of information to prevent double voting in EP elections; and
- launching a discussion with Member States to
consider how to prevent EU citizens who move to another Member
State from losing their political rights.
Lack of easily accessible information and assistance
for citizens
1.10 The Commission says that many EU citizens are
unaware of their rights under EU law and do not know where to
find relevant (including country-specific) information which would
make it easier for them to exercise their free movement rights.
The Commission therefore proposes two actions:
- developing the 'Your Europe'
web portal into a one-stop-shop information point on the rights
of citizens and businesses in the EU; and
- streamlining the Commission's information networks
in Member States to enable citizens to find the right contact
point for obtaining information on relevant rules and procedures
at national, regional or local level.
Lack of awareness of the meaning of EU citizenship
1.11 The Commission cites survey evidence indicating
that many EU citizens are not well informed about their rights
as EU citizens and notes that the citizens' initiative, introduced
by the Lisbon Treaty, offers "great potential . . . . for
a more active involvement of citizens and civil society in the
European project."[5]
The Commission proposes the following three actions:
- designating 2013 as the 'European
Year of Citizens' to raise awareness of EU citizenship and associated
rights;
- simplifying and rationalising EU funding available
for promoting EU citizenship; and
- exploring ways to strengthen media coverage of
EU affairs, including options for the more sustainable financing
of Euronews.[6]
1.12 The Commission says that its EU Citizenship
Report is intended to open a debate involving EU institutions,
civil society and national parliaments "on how EU citizenship
can fulfil its potential in terms of enhancing Europeans' life
chances by delivering concrete benefits that will have a visible
impact."[7] It will
be followed, in 2013, by an evaluation of the impact of the actions
proposed and "an ambitious and comprehensive action plan"
to remove persistent obstacles impeding citizens' enjoyment of
their rights.
Document (b) Report on the European Parliament
elections 2009
1.13 The Commission notes that, despite efforts to
mobilise voters, turnout for the 2009 EP elections was low (averaging
43% across the 27 Member States). While an increasing number of
EU citizens who live abroad are registering to vote in their Member
State of residence, many still choose not to and others prefer
to vote in their Member State of origin. Few EU citizens have
chosen to exercise their right to stand as a candidate for election
to the EP in their Member State of residence.
1.14 The Commission says that most Member States
comply with their obligations under EU law to enable EU citizens
to vote and stand as candidates for local and EP elections in
their Member State of residence. Practical difficulties remain
in some Member States which only allow their own nationals to
join, or found, political parties. The Commission also notes that
not all Member States have enshrined in their domestic laws the
obligation to ensure that the results of EP elections are only
published after the polls have closed in the last Member State.
1.15 The Commission observes that the existing mechanism
to prevent EU citizens voting or standing as candidates in more
than one Member State is deficient and says that it intends to
propose changes which will make the mechanism more efficient by,
for example, establishing common rules on electoral timetables
and the collection of voter registration data, while avoiding
the imposition of disproportionate administrative burdens. The
Commission highlights efforts by the European Parliament to establish
a uniform procedure or common principles for EP elections, including
possible provision for EU-wide transnational party lists, with
the EU constituting a single electoral constituency, for the election
of a small number of MEPs. Other ideas to be considered include:
- the introduction of out-of-country
voting facilities to enable expatriate voters to vote for a party
list in their Member State of origin;
- improving the prospects for smaller parties to
be represented in the EP by removing the possibility to impose
a minimum threshold;
- removing the requirement, where applicable, for
political parties or independent candidates to make a financial
deposit; and
- bringing forward the deadline for registering
voters so there is more time to exchange data to prevent double
voting.
1.16 The Commission says that, by proposing to designate
2013 as the European Year of Citizens, it hopes to increase awareness
of, and participation in, the 2014 EP elections.
Document (c) Report on progress towards
effective EU citizenship 2007-10
1.17 The Commission's report reviews developments
during 2007-10 affecting EU citizenship rights as set out in Part
Two of the TFEU (summarised above in paragraph 1.1). It includes
information on recent Court of Justice case law clarifying Member
States' obligation, when exercising their powers to determine
the conditions for the acquisition and loss of nationality, to
have due regard to EU law; action taken by the Commission to secure
the correct application of EU rules on the free movement and residence
of EU citizens and on EP elections; and data on the number of
petitions received by the European Parliament and complaints sent
to the European Ombudsman. The report also provides useful statistical
data on the number of EU citizens living in another Member State
for more than a year (estimated at 11.7 million at the beginning
of 2009) and describes the funding streams available to promote
awareness of EU citizenship and associated rights.
1.18 The Commission says that, from 2011, it will
include an assessment of EU citizenship rights in its Annual Report
on the application of the EU Charter of Fundamental Rights. The
three-yearly report required under Article 25 TFEU will seek to
present "a more substantiated diagnosis" of obstacles
encountered by EU citizens and propose remedies.
The Government's view
1.19 The Explanatory Memorandum provided by the Minister
for Europe (Mr David Lidington) focuses primarily on the policy
implications of the proposed actions contained in document (a)
the EU Citizenship Report 2010. He notes that the Report
"ranges across civil law, criminal procedure, taxation, health
care, consular protection, consumer rights, disability rights,
online services, free movement of persons, social security coordination,
electoral rights, citizenship, nationality law and communications"
and adds that most of the actions proposed "are already the
subject of ongoing discussion within the European Union in sectoral
Councils."[8]
1.20 Where EU legislation is proposed, for example,
to establish common EU rules on jurisdiction and applicable law
for jointly owned property where there is a cross-border dimension,
or to facilitate the free circulation of civil status documents,
the Minister emphasises the need for a full impact assessment
to consider the legal, policy and cost implications. He says that
proposed new laws on the rights of suspects or defendants in criminal
proceedings and on the protection of victims of crime will be
subject to the UK's Opt-In and will be assessed against the criteria
set out in the Coalition Agreement "with a view to maximising
our country's security, protecting Britain's civil liberties and
preserving the integrity of our criminal justice system."[9]
He expresses concern about possible legislative proposals on EU
citizens' right to consular protection in third countries and
says that the Government will seek to ensure that they "respect
our clear understanding of the Treaty position, in particular
that the provision of consular assistance remains a Member State
competence." [10]
1.21 The Minister accepts that there is a strong
case for extending the coverage of the existing EU Package Travel
Directive to provide additional protection for consumers who book
a combination of holiday elements but says that the Government
remains to be convinced of the need for further legislative action
at EU level to enhance passenger transport rights. In other areas
where legislative action is proposed, for example on an alternative
dispute resolution mechanism for consumer complaints, the Minister
indicates that the Government will provide a detailed analysis
of the policy implications once the Commission has presented specific
proposals.
1.22 The Minister says that the Government will examine
carefully Commission proposals on double taxation to ensure that
they do not extend EU competence or limit future options for developing
the UK's car taxation system and will consider the scope for "deregulatory
improvements" to make it easier to register in the UK cars
previously registered in another Member State.
1.23 The Minister notes that some of the proposed
actions, for example, on cross-border healthcare, also feature
in the Commission's Digital Agenda for Europe.[11]
He reiterates the Government's concern to ensure that online health
information systems are safe and secure and says that the feasibility
of the Commission's proposals should be tested by means of project
pilots which are subject to proper evaluation.
1.24 The Minister generally supports initiatives
to raise EU citizens' awareness of their rights. For example,
he welcomes the development of the e-Justice and Your Europe web
portals to provide a "one-stop-shop" point of access
for EU citizens seeking information about their rights or about
legal procedures in other Member State, but adds that the funding
of individual e-Justice projects will require careful consideration.
He also welcomes the publication of a Code of EU Online Rights,
provided it merely codifies the existing rights of on-line consumers
rather than creating new ones. He says that funding for the proposed
EU Year of Citizens in 2013 should come from existing budgets
and supports efforts to rationalise and simplify funding programmes
concerning EU citizenship. He expresses caution about possible
proposals to secure more sustainable funding for Euronews, adding:
"Like all publicly funded bodies, care needs
to be taken to avoid an unfair advantage over commercial news
media in providing access to news content. . . . The UK policy
is that there should be open provision of news from independent
sources based on plurality of voice and neutrality across communication
channels."[12]
1.25 The Minister notes the Government's support
for Commission proposals to develop and foster the use of EU-wide
standards on accessibility to the built environment as part of
the EU's broader Disability Strategy for 2010-20 but also emphasises
the importance of seeking to develop international standards,
where possible.
1.26 The Minister says that UK electoral law complies
with the requirements of EU law concerning the publication of
EP election results after polls have closed in all Member States.
EU citizens resident in the UK who are nationals of another Member
State are able to register to vote and to stand as a candidate
in EP or local elections in the UK and to join political parties.
He agrees that existing arrangements for exchanging information
to prevent voting in more than one Member State have not proved
workable in practice and suggests focusing efforts on "raising
awareness that double voting and double candidacies are not permitted
and highlighting the penalties that persons will incur for any
breach of the law."[13]
He notes the 15-year limitation currently applicable to UK citizens
registered as overseas voters who wish to vote in UK parliamentary
elections and says that the Government is considering their position.
1.27 While recognising that the principal purpose
of the Citizenship Report is to identify obstacles to the free
movement of EU citizens, the Minister believes that it does not
adequately address fraud and abuse of free movement rights and
suggests that more could be done to monitor and tackle fraud and
abuse.
1.28 The Minister says that the financial and legal
implications of the actions proposed in the Citizenship Report,
as well as regulatory impact assessments, will be provided as
and when specific legislative or other measures are proposed by
the Commission. He expects the informal meeting of the Justice
and Home Affairs Council to consider the Report on 21 January
2011.
Conclusion
1.29 The three Commission reports provide a broad
overview of the rights associated with EU citizenship and of the
practical obstacles that EU citizens exercising free movement
rights continue to encounter. The Minister's Explanatory Memorandum
focuses principally on the EU Citizenship Report 2010 but we note
that some of the Commission's ideas for reforming the procedure
for elections to the European Parliament contained in its Report
on the 2009 elections and summarised in paragraph 1.15 would also,
if implemented, have important implications for UK electoral law.
1.30 The EU Citizenship Report 2010 illustrates
how the rights associated with EU citizenship cut across numerous
policy areas. For that reason alone, it is an important document
which we wish to draw to the attention of the House. While many
of the actions proposed in the EU Citizenship Report seek to raise
awareness of existing rights and ensure their more effective enforcement,
a significant number involve further EU legislative measures,
mainly in the field of civil and criminal law and consumer rights.
Most of these measures have been foreshadowed in earlier policy
documents, for example the Council Resolution on a Roadmap for
strengthening the rights of suspects or defendants in criminal
proceedings[14]
and the Stockholm Programme establishing priorities for EU action
in the field of justice and home affairs.[15]
In his Explanatory Memorandum, the Minister says that the Government
will only be able to assess the full political (as well as legal
and financial) significance of the proposals once the Commission
has presented specific legislative or other measures. Nonetheless,
he considers that the actions proposed by the Commission "touch
on important matters of public interest" and adds that the
Government would welcome a debate. We agree and recommend that
the Commission reports should be debated in European Committee
B.
1 See Articles 20 and 24 of the Treaty on the Functioning
of the European Union (TFEU). The provision for citizens' initiatives
was introduced by the Lisbon Treaty. Back
2
See HC 428-x (2010-11), chapter 11 (8 December 2010). Back
3
See page 3 of the EU Citizenship Report 2010. Back
4
British citizens resident abroad are eligible to register as overseas
electors, and therefore vote in UK parliamentary elections, for
a period of 15 years from the time they were last registered to
vote as ordinary electors in the UK. Back
5
See page 21 of the Commission's Report. Back
6
Euronews was launched in 1993 as a news channel covering world
affairs from a European perspective. Back
7
See page 23 of the Commission's Report. Back
8
See paragraph 1 of the Minister's Explanatory Memorandum. Back
9
See paragraph 25 of the Minister's Explanatory Memorandum. Back
10
See paragraph 39 of the Minister's Explanatory Memorandum. Back
11
See HC 428-i (2010-11), chapter 28 (8 September 2010). Back
12
See paragraph 75 of the Minister's Explanatory Memorandum. Back
13
See paragraph 65 of the Minister's Explanatory Memorandum. Back
14
See HC 19-xxviii (2008-09), chapter 15 (21 October 2009), HC 19-xxvii
(2008-09), chapter 12 (14 October 2009) and HC 19-xxvi (2008-09),
chapter 10 (10 September 2009). Back
15
See HC 19-xxiii (2008-09), chapter 1 (8 July 2009). Back
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