12 EU citizenship
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9590/13
COM(13) 269
| Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: EU Citizenship Report 2013 — EU citizens: your rights, your future
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| Legal base | —
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| Department | Work and Pensions
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| Basis of consideration | Minister's letter of 3 July 2013
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| Previous Committee Report | HC 83-vi (2013-14), chapter 5 (19 June 2013)
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| Discussion in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background and previous scrutiny
12.1 The EU Citizenship Report 2013 is the successor to the
Commission's first EU Citizenship Report, published in 2010, which
set out to illustrate some of the practical obstacles that EU
citizens encounter when seeking to exercise the rights conferred
on them by EU law and proposed a series of actions to overcome
them. The 2013 Report proposes twelve new actions, described
in our Sixth Report of 19 June, which seek to enhance opportunities
for working, studying or training in another Member State, cut
red tape, protect the vulnerable, remove barriers to cross-border
shopping, increase awareness of EU citizens' free movement rights,
and enhance participation in the democratic life of the EU.
12.2 The Report suggests that there are three
obstacles to more effective participation in the democratic life
of the EU which need to be addressed: the practice in some Member
States (including the UK) of disenfranchising overseas voters;[28]
the "asymmetry" in the rights conferred on EU citizens
resident in another Member State by virtue of their entitlement
to stand as a candidate and vote in local (and European Parliamentary)
elections and their inability to do so in national elections which
directly affect them; and the absence of a "European public
space" in which to conduct a more informed democratic debate
on European issues. According to the Commission:
"Empowering EU citizens residing in another
EU country to determine for themselves, depending on the ties
they maintain with their Member State of nationality or have formed
with their Member State of residence, in which of these two countries
they wish to exercise their key political rights, would give a
new impetus to their inclusion and participation in the democratic
life of the Union."[29]
12.3 The Minister for Employment (Mr Mark Hoban)
told us that the Government was not minded to abolish the 15-year
time limit on the eligibility of British citizens resident abroad
to register as overseas electors and vote in UK Parliamentary
elections. He did not, however, indicate whether the Government
would be open to extending the franchise for national Parliamentary
elections to EU nationals resident in the UK. We asked him to
provide a more detailed analysis of the practical and political
implications of extending the franchise for national elections
which the Report appeared to advocate. We also asked him to confirm
whether the Council intended to agree Conclusions on the EU Citizenship
Report 2013 and, if so, to explain what safeguards the Government
would seek to ensure that it was not politically bound by any
of the actions proposed.
The Minister's letter of 3 July 2013
12.4 The Minister (Mr Mark Hoban) notes that,
although the EU Citizenship Report discusses the ineligibility
of EU nationals to vote in the national elections of their country
of residence, it does not propose any concrete initiatives to
be taken forward by the Commission. It does, however, indicate
that the Commission will "propose constructive ways to enable
EU citizens living in another EU country to fully participate
in the democratic life of the EU by maintaining their right to
vote in national elections in their country of origin."[30]
He says it is unclear how the Commission intends to proceed with
this proposal.
12.5 The Minister continues:
"It is the Government's view that nationality
of the country of residence is usually the prerequisite for the
right to vote in national elections in most modern democracies.
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, and that, other than
special arrangements for citizens of Commonwealth countries (with
whom the UK has historical ties), and the Republic of Ireland
(with which the UK has reciprocal arrangements), foreign nationals
should be required to obtain British citizenship before being
able to vote."
12.6 The Minister confirms that the Presidency
is likely to propose draft Council Conclusions on the EU Citizenship
Report 2013 in autumn and that UK officials will work to ensure
that the Conclusions do not commit the UK to any of the specific
actions proposed in the Report, and that they respect the principle
of subsidiarity.
Conclusion
12.7 We thank the Minister for his letter
and note that the Government has no plans to recommend extending
the franchise for national Parliamentary elections to nationals
of other EU Member States resident in the UK unless they obtain
British citizenship. If, as the Minister anticipates, Council
Conclusions on the EU Citizenship Report are agreed later this
year, we ask the Minister to provide us with a copy and to inform
us of any initiatives proposed by the Commission which would affect
the franchise for national Parliamentary elections in the UK.
Meanwhile, we are content to clear the Report from scrutiny.
28 In the UK, British citizens are ineligible to register
as overseas visitors if they have been resident abroad for more
than 15 years. Back
29
See p.24 of the EU Citizenship Report 2013. Back
30
See Action 12, p.25 of the EU Citizenship Report 2013. Back
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