5 EU citizenship
| (a)
(34935)
9590/13
COM(13) 269
(b)
(34932)
9592/13
COM(13) 270
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Commission Report: EU Citizenship Report 2013 — EU citizens: your rights, your future
Commission Report under Article 25 TFEU: On progress towards effective EU citizenship 2011-2013
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| Legal base
Document originated
Deposited in Parliament
| (a) and (b) —
(a) and (b) 8 May 2013
(a) and (b) 17 May 2013
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| Department | Work and Pensions
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| Basis of consideration | EM of 1 June 2013
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| Previous Committee Report | None
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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 | (a) Not cleared; further information requested
(b) Cleared
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Background
5.1 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, without
discrimination on grounds of nationality (although this right
is subject to the limitations and conditions set out in the EU
Treaties and secondary legislation);
- 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.[12]
5.2 Document (a) — 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 encountered by EU citizens seeking to
exercise the rights conferred by EU law and to propose a set of
25 concrete actions to overcome them.[13]
Document (b) — also a Commission Report — fulfils
the obligation in Article 25 of the Treaty on the Functioning
of the European Union (TFEU) to report every three years on the
application of EU Treaty provisions on citizenship. It describes
significant developments concerning EU citizenship for the period
2011-13. Both Reports highlight the designation of 2013 as the
European Year of Citizens and its importance in giving impetus
to EU citizenship. According to the Commission:
"At a time when the EU is taking major steps
towards a deep and genuine Economic and Monetary Union, of which
democratic legitimacy is a cornerstone, with a Political Union
on the horizon, it is all the more important to focus on the things
the EU is doing to make citizens' lives easier, to help them understand
their rights and involve them in a debate on the Europe they want
to live in and build for future generations."[14]
Document (a) — the EU Citizenship Report
2013
5.3 Notwithstanding progress made in implementing
the 25 actions set out in the EU Citizenship Report 2010 (summarised
in an Annex to the 2013 Report), the Commission considers that
obstacles to the full enjoyment of EU citizenship rights remain.
It proposes 12 new actions to tackle the remaining obstacles,
each of which will be subject to the appropriate decision-making
procedures under the EU Treaties and the resources available under
the EU's Multiannual Financial Framework for 2014-20. The 2013
Citizenship Report draws on the outcome of a public consultation
on EU citizenship launched by the Commission in May 2012, Eurobarometer
surveys in 2013 on EU citizenship and electoral rights, and "citizens'
dialogues" organised by the Commission as part of the European
Year of Citizens.
Removing obstacles for workers, students and trainees
5.4 The Commission notes that there is relatively
little labour migration within the EU, notwithstanding its potential
to address imbalances in the labour market and to enhance opportunities
for personal and professional development. Existing EU rules on
the coordination of social security systems include provision
for EU citizens to receive unemployment benefit from their home
country for a period of three months while seeking employment
in another EU Member State. Member States may extend this period
for a further three months, up to a maximum of six months, but
not all have chosen to do so.[15]
The Commission suggests that current restrictions on the export
of unemployment benefits to those genuinely seeking employment
in another Member State may operate as a deterrent to mobility.
It also highlights the absence of an EU-wide quality framework
for traineeships which would give young people greater confidence
to develop their skills and obtain work experience in another
Member State. It proposes:
- a revision of existing EU social
security rules to make it easier for EU citizens to seek employment
in another Member State — possible changes include extending
beyond three months the period in which job seekers are entitled
to receive unemployment benefit from their home State (Action
1); and
- developing a quality framework for traineeships
and reforming the EURES network of public employment services
(Jobcentre Plus in the UK) to improve the coordination of labour
mobility (for example, through better job matching services),
as well as piloting a new initiative on the exchange of information
on traineeships and apprenticeships (Action 2).[16]
Cutting red tape in Member States
5.5 According to the Commission, although most EU
citizens are aware of their right to live and work in another
Member State, many have either experienced, or anticipate that
they will encounter, obstacles in exercising free movement rights.
These obstacles include: a reluctance (especially on the part
of private entities, such as banks or airlines) to accept documents
issued in another Member State as proof of identity or registration
certificates issued to EU foreign nationals by local authorities
as proof of residence; difficulties for EU citizens who live,
work or own property in another Member State in determining where
to pay their taxes or how to seek advice on cross-border taxation
issues; and administrative burdens and costs for EU citizens taking
their car to another Member State because of the absence of minimum
standards for the safety and roadworthiness of cars.
5.6 The Commission proposes three actions:
- considering the feasibility
of introducing optional common format documents establishing proof
of identity or residence for EU citizens and family members living
in another Member State which could also be used as travel documents
for journeys within the EU — this action would only apply
to Member States which issue ID or registration documents (Action
3);
- promoting best practice to resolve cross-border
taxation problems (such as the creation of specialised contact
points within national tax administrations and closer cooperation
between them) and ensuring that national tax laws affecting mobile
citizens comply with EU law (Action 4); and
- building on an existing initiative to set minimum
standards for the control and safety of cars[17]
by establishing a "vehicle information platform" to
facilitate the recognition of national roadworthiness certificates
(Action 5).
Protecting the vulnerable
5.7 The Commission highlights two categories of vulnerable
citizens: those with disabilities, and those involved in criminal
proceedings in another Member State. On the former, it estimates
that there are around 80 million people with disabilities in the
EU but disability cards issued at national level which establish
entitlements to certain services, such as transport or cultural
activities, are often not recognised in other Member States, making
it harder to travel abroad. As regards the latter, the Commission
suggests that uncertainty as to the right to criminal legal aid
or the adequacy of safeguards to ensure a fair trial may be compounded
in the case of particularly vulnerable suspects or defendants
by virtue of their age or mental or physical condition. It proposes
two actions:
- developing an EU disability
card to ensure equal access in all Member States to certain benefits,
principally in areas such as transport, tourism, culture and leisure
(Action 6); and
- proposing a package of legal instruments to strengthen
the procedural rights of citizens suspected or accused of a criminal
offence in another EU Member State with a view to ensuring adequate
access to legal aid and assistance and guaranteeing the presumption
of innocence (Action 7).
Removing barriers to cross-border shopping
5.8 As the number of consumers purchasing goods and
services from sellers based in another Member State increases,
so too does the risk of cross-border disputes. Although the introduction
of a European small claims procedure in 2009 has made it easier
to obtain redress for claims under €2,000, the Commission
suggests that raising the claims threshold to €25,000 and
simplifying procedures would strengthen consumer confidence in
cross-border shopping. It also highlights difficulties in accessing
important product information when shopping online, particularly
when purchasing digital products. The Commission therefore proposes
two actions:
- revising the existing European
small claims procedure to make it easier for consumers to obtain
redress for purchases made in another EU Member State (Action
8); and
- developing a model for the online display of
key information on digital products in order to facilitate comparisons
of price, functionality, interoperability, etc and launching a
campaign to raise awareness of EU consumer rights and strengthen
confidence in the digital online market (Action 9).
Increasing awareness of EU citizens' free movement
rights
5.9 The Commission suggests that "front desk"
staff in local administrations lack sufficient awareness of the
rights associated with EU citizenship and EU citizens often do
not know who to turn to for advice or to resolve problems arising
when they exercise their free movement rights. The Commission
says it will:
- develop an e-training tool
for local administrations and support (via town twinning schemes)
the exchange of best practice with a view to raising awareness
of EU citizens' rights and facilitating their practical application
(Action 10); and
- provide guidance on its Europa website to direct
EU citizens to the most appropriate sources of information and
advice (Action 11).
Participating in the democratic life of the EU
5.10 The Commission underlines the importance of
encouraging participation in the democratic life of the EU by
exercising voting rights or standing as a candidate in European
Parliament and local elections, making use of citizens' initiatives,
and engaging in broader public debates on the EU. It suggests
that there are three obstacles to more effective participation
which need to be addressed. First, it questions whether EU citizens
should lose the right to vote in national elections in their Member
State of origin by virtue of the fact that they have spent a certain
period of time in another Member State. The Commission refers
to increasing social and cultural interpenetration within the
EU, as well as socio-economic and technological realities which
make it easier to move to another Member State whilst retaining
close ties with the Member State of origin, and adds:
"Residing in another EU country no longer
requires a definitive severing of ties with the country of origin,
as may have been the case in the past. EU citizens should now
be able to decide for themselves if they want to continue to participate
in the political life of their country of nationality or invest
in the political life of their host society."[18]
5.11 Second, the Commission highlights an "asymmetry"
in the rights conferred on EU citizens. Although they are entitled
to stand as a candidate and vote in local elections, they are:
"deprived of an effective voice as regards the
decisions of the national legislature which directly affect them."[19]
5.12 The Commission continues:
"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."[20]
5.13 Finally, the Commission alludes to a widespread
sense (expressed in Eurobarometer surveys) that EU citizens are
not sufficiently informed about European affairs, adding:
"Providing citizens with information about
European issues from a European point of view, but also from a
range of national perspectives from other Member States, could
increase the European public space and contribute to a more informed
democratic debate."[21]
5.14 The Commission says that it will:
- publish a Handbook on Europe
Day in May 2014 setting out in clear and simple language the rights
associated with EU citizenship;
- explore ways to enable EU citizens to participate
in national and (where regions have legislative responsibilities)
regional elections in their country of residence or to maintain
the right to vote in their Member State of origin if they have
moved to another Member State; and
- consider ways of developing a "European
public space" with a view to ending the current fragmentation
of public opinion along national borders (Action 12).
Document (b) — progress towards effective
EU Citizenship 2011-13
5.15 This second Commission Report reviews recent
case law in the Court of Justice concerning EU citizenship; action
taken by the Commission to secure the correct application of EU
rules on free movement, including electoral rights and consular
protection; the number of petitions received by the European
Parliament and complaints registered with the European Ombudsman;
and citizens' initiative requests received by the Commission.
The Report includes useful data on the number of EU citizens
living in another Member State for more than a year (up from around
11.7 million at the beginning of 2009 to 13.6 million in 2012).
It also describes action taken by the Commission to prevent discrimination
on grounds of nationality by, for example, challenging nationality
restrictions on access to the notary profession in several Member
States and proposing a draft Directive to prevent nationality-based
discrimination against EU migrant workers.[22]
The Government's view
5.16 The Minister for Employment (Mr Mark Hoban)
notes that document (b) — the Commission's Report on progress
towards effective EU citizenship — contains no new proposals
and is uncontroversial. By contrast, document (a) — the
EU Citizenship Report 2013 — foreshadows a number of possible
legislative initiatives, each of which would be deposited for
scrutiny with Explanatory Memoranda setting out the Government's
position. Whilst he says that the issues addressed in the Report
are not a Government priority, the Government nevertheless "supports
in principle" the right of individuals not to be discriminated
against on nationality grounds, to move within the EU, to vote
in EU elections and to petition the European Parliament. He continues:
"The Report flags certain actions which
the Commission intends to take on its own initiative (e.g. publication
of a handbook on EU Citizen's rights), as well as urging future
actions which Member States could take in order to promote European
Citizenship. Where future binding actions are mentioned the Government
will examine them on a case by case basis."[23]
5.17 Turning to each of the actions proposed by the
Commission, the Minister says that the Government:
- will carefully assess whether
a Commission proposal to extend the period during which unemployment
benefit may be exported to a recipient seeking work in another
Member State would be in the UK's national interest, bearing in
mind that other Member States would be responsible for paying
unemployment benefit for a longer period to their own nationals
who are seeking work in the UK (Action 1);
- opposes the Commission's current proposal to
establish an EU-wide quality framework for traineeships, since
it would apply a single framework to a wide range of different
initiatives and target groups, but will seek improvements; supports
modernisation of the EURES network to make it more responsive
to the economic realities of the labour market and to meeting
migration needs through recruitment from within the EEA and Switzerland,
but will be vigilant in ensuring that there is no extension of
EU competence; and is open to a pilot initiative on the exchange
of information on traineeships and apprenticeships, provided its
scope is limited to workers aged 18 or over (Action 2);
- supports improvements to the security features
of identity and residence documents but opposes their use as travel
documents (Action 3);
- is willing to cooperate with the Commission and
other Member States in addressing cross-border taxation issues,
such as double taxation, and notes that there is no suggestion
of further harmonisation or any element of coercion (Action 4);
- supports the
idea of sharing information on roadworthiness
certificates in principle, but will examine any proposal in terms
of proportionality, cost and added value (Action 5);
- notes that participation in an EU disability
card would be optional for Member States and would not facilitate
access to welfare systems, and adds that the Government will
consider its position once the outcome of a pilot initiative testing
its feasibility, cost and added value is available (Action 6);
- will determine UK participation in any legislative
initiative on criminal procedural rights in accordance with the
criteria set out in the Coalition Agreement on EU justice and
home affairs (Title V) opt-ins with a view to maximising national
security, protecting Britain's civil liberties and preserving
the integrity of the criminal justice system (Action 7);
- will consider with interest amendments to the
current EU Small Claims Procedure, particularly as the Government
advocated a higher claims threshold when the Regulation was negotiated
(Action 8);
- will monitor the proposed EU-wide awareness campaign
on consumer rights to ensure it does not cut across national strategies
and consumer information campaigns (Action 9);
- questions the relevance of the e-training tool
proposed for local administrations in the UK on the grounds that
immigration and registration procedures are handled by national
rather than local government, and notes that information on free
movement rights is readily available to local authorities and
the wider public on the Home Office website (Action 10);
- has no comment on the Commission's proposal to
redesign its Europa website (Action 11); and
- will review any proposals seeking to increase
citizen participation in the democratic life of the EU as they
arise — whilst keen to encourage all those who are eligible
to register to vote to do so, the Government is not minded to
change domestic law imposing a 15 year time limit on overseas
voting rights, although the issue remains under consideration
(Action 12).
5.18 Finally, if Council Conclusions are proposed,
the Government will seek to ensure that they do not bind Member
States to implementing any of the specific actions described in
the EU Citizenship Report 2013.
Conclusion
5.19 The Commission's Report on progress towards
effective EU citizenship —document (b) — provides
a retrospective overview of significant developments concerning
EU citizenship during the period 2011-13 and proposes no new policy
initiatives. We are therefore content to clear it from scrutiny.
5.20 By contrast, the EU Citizenship Report 2013
— document (a) — foreshadows a number of new initiatives,
some legislative, during 2013 and 2014 whilst also illustrating
how the rights associated with EU citizenship cut across numerous
policy areas. For that reason alone, we think that it merits
a Report to the House. We appreciate that it would be unreasonable
to expect the Government, at this stage, to provide a detailed
assessment of the legal, policy and financial implications for
the UK of each of the twelve specific actions proposed by the
Commission, given that they are expressed in such general terms
and that each one will be deposited for scrutiny as specific proposals
are put forward for consideration. We would, however, welcome
a fuller assessment of the measures proposed in Action 12 on enhancing
participation in the democratic life of the EU. Whilst the Minister
indicates that the Government is not currently 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 does not tell us whether the Government
would be open to extending the franchise for national Parliamentary
elections to EU nationals resident in the UK. We therefore ask
him to provide a more detailed analysis of the practical and political
implications of extending the franchise for national elections
which the Report appears to advocate. We also ask him to confirm
whether the Council intends to agree Conclusions on the EU Citizenship
Report 2013 and, if so, to explain what safeguards the Government
intends to seek to ensure that it is not tied into any of the
actions proposed. Meanwhile, the Report remains under scrutiny.
12 See Articles 18, 20 and 24 TFEU. The provision
for citizens' initiatives was introduced by the Lisbon Treaty. Back
13
See (32139) 15936/10; HC 428-xiii (2010-12), chapter 1 (19 January
2011). Back
14
See p.1 of the EU Citizenship Report 2013. Back
15
See Regulation (EC) No. 883/2004 on the coordination of social
security systems (OJ No. L 166, 30.04.2004) and implementing Regulation
(EC) No. 987/2009 (OJ No. L 284, 30.10.2009). Back
16
For further information on these initiatives, see Commission Communications,
Moving Youth into Employment (34532) 17575/12 and Towards
a Quality Framework on Traineeships (34533) 17578/12; HC 86-xxxi
(2012-13), chapter 4 (6 February 2013). Back
17
See (34131) 12786/12; HC 86-xv (2012-13), chapter 1 (17 October
2012) ; HC 86-xvi (2012- 13), chapter 10 (24 October 2012); and
HC 83-iv (2013-14), chapter 7 (5 June 2013). Back
18
See pp.21-22 of the EU Citizenship Report 2013. Back
19
See p.22 of the EU Citizenship Report 2013. Back
20
See p.24 of the EU Citizenship Report 2013. Back
21
See pp.24-25 of the EU Citizenship Report 2013. Back
22
See (34896) 9124/13; HC 83-v (2013-14), chapter 3 (12 June 2013). Back
23
See para 25 of the Minister's Explanatory Memorandum. Back
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