This document is an excerpt from the EUR-Lex website
Document 52013DC0269
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
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
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
/* KOM/2013/0269 konečném znení */
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 /* COM/2013/0269 final */
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
1. Introduction Citizens are and must be at the heart
of European integration. To underscore this, the EU institutions made 2013 the
European Year of Citizens to give new impetus to EU citizenship and to the
citizens’ dimension of the European project. At a time when the EU is taking
major steps towards a deep and genuine Economic and Monetary Union[1], 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. EU citizenship brings citizens new
rights and opportunities. Moving and living freely within the EU is the right
they associate most closely with EU citizenship. Given modern technology and
the fact that it is now easier to travel, freedom of movement allows Europeans
to expand their horizons beyond national borders, to leave their country for
shorter or longer periods, to come and go between EU countries to work, study
and train, to travel for business or for leisure, or to shop across borders. Free
movement increases social and cultural interactions within the EU and creates closer bonds between Europeans.
In addition, it generates mutual economic benefits for businesses and citizens,
including those who remain at home, as the EU steadily removes internal obstacles.
In 1993, the Maastricht Treaty defined
EU citizenship and granted a set of rights to all EU citizens, whether
economically active or not. The Lisbon Treaty and the EU Charter of Fundamental
Rights reinforced EU citizens’ rights[2]. In particular, EU citizens
have the right: –
not to be discriminated
against on the grounds of nationality; –
to move and reside freely within the EU; –
to vote and stand as candidates in municipal and
European Parliament elections wherever they live in the EU, under the same
conditions as nationals; –
to be assisted by another EU country’s embassy
or consulate outside the EU under the same conditions as a citizen of that
country, if their own country is not represented; –
to petition the European Parliament, apply to
the European Ombudsman and address the EU institutions (in any official EU
language); and –
to organise or support, together with other EU
citizens, a citizens’ initiative to call for new EU legislation. The Court of Justice of the European Union confirmed the
constitutional importance of EU citizenship by stating that 'citizenship of
the Union is intended to be the fundamental status of nationals of the Member
States'[3]. In a recent seminal judgment[4],
the Court of Justice made it clear that Article 20 of the Treaty on the
Functioning of the European Union (TFEU) precludes national measures which
could deprive Union citizens of the genuine enjoyment of the substance of the rights
conferred by their status as EU citizens. In 2010, the Commission presented its
first EU Citizenship Report[5]
and announced 25 actions to ensure that EU citizens can enjoy their rights in
their daily lives, without being confronted with unnecessary obstacles. Since
then, the Commission has acted on these 25 commitments[6]. Actions
taken include: –
Facilitating the smooth circulation of public documents
(such as birth, death or marriage certificates or documents relating to real
estate); –
Strengthening the rights of around 75 million
people who are victims of crime every year across the EU; –
Cutting red tape for 3.5 million people
registering a car in another EU country each year, leading to savings of at
least EUR 1.5 billion per year for businesses, citizens and registration
authorities; –
Proposing fast and inexpensive solutions for
consumers to resolve their disputes with traders in the EU out-of-court,
enabling them to save around EUR 22.5 billion a year across Europe; –
Improving the accessibility of the railway
system for the estimated 80 million Europeans with disabilities; –
Removing obstacles to the effective exercise of
electoral rights in European and local elections by the 8 million EU citizens
of voting age living in an EU country other than their own; and –
Offering citizens user-friendly information on
their EU rights through an online one-stop shop information point — Your Europe
and Europe Direct. Making EU citizenship a reality in citizens’ daily lives is an ongoing
process. The fact that hurdles remain has been confirmed by a wide-ranging public
consultation on EU citizenship which the Commission launched on 9 May 2012[7], 2013 Eurobarometer surveys on EU citizenship[8] and
electoral rights[9],
and key stakeholders’ events organised in preparation of this report, in
cooperation with the European Parliament[10], the
Committee of the Regions[11], and the European Economic and Social Committee[12]. Citizens’
Dialogues[13] initiated by the Commission in the framework of the European Year
of Citizens[14]
are providing further insight into citizens’ concerns and suggestions. In this 2013
EU Citizenship Report, the Commission is putting forward twelve new
actions in six key areas to further remove obstacles standing in the way of
citizens’ enjoyment of their EU rights[15]. Removing
obstacles for workers, students and trainees in the EU Today, peoples’ overriding concern is the financial and sovereign debt
crisis and its economic consequences. Nine out of ten Europeans consider
unemployment or the economic situation as the most important issues currently
facing their region[16]. Europeans’ foremost expectation of the EU is that it should fight
the crisis, which also means
reducing unemployment and youth unemployment in particular, the rate of which
is more than twice as high as that for adults (23.5 % against 9.5 % in the first
quarter of 2013). Citizens are calling for a true EU labour market enabling
them to benefit from job opportunities in other EU countries and contribute to
the European economy. They also ask for initiatives making it possible for them
to develop their skills and access quality training opportunities in other EU
countries. The Commission is putting forward proposals to make it easier for
citizens to work, study and train in another EU country which are beneficial
both for the citizens' personal and professional development and for economic
growth in the EU as a whole. Cutting red
tape in the Member States EU citizens know that they have the right to free movement[17]. More than two thirds consider
that the free movement of people within the EU brings economic benefits for
their country[18].
Citizens actively use that right by making billions of journeys within the EU
every year. However, almost one in five of the respondents to the 2012 public consultation
on EU citizenship who used their right to free movement experienced problems,
often due to lengthy or unclear administrative procedures. Citizens want
solutions to make their lives easier when travelling and living in the EU. The
Commission is making suggestions to reduce excessive paperwork and simplify
procedures in the Member States. Protecting the more vulnerable in the EU Specific care and protection for the more
vulnerable members of society lies at the core of the European social model. In
the consultations, citizens pointed to the specific difficulties people with
disabilities (an estimated 80 million people in the EU) encounter when moving around
the EU. They also indicated that some citizens are more vulnerable when it
comes to asserting their rights, in particular in criminal proceedings, due for
instance to their young age or to their mental or physical condition. The
Commission is proposing steps to strengthen the rights of the more vulnerable
citizens. Eliminating barriers
to shopping in the EU Cross-border online
shopping is growing steadily in the EU. A quarter of citizens who bought over
the internet in 2012 ordered from sellers in other EU countries[19]. However, EU citizens are
still experiencing problems when shopping online[20]. This calls for consumers to
be better protected and informed especially on products in rapidly developing
areas such as digital technology. Easy and safe cross-border shopping goes hand
in hand with easy and speedy cross-border redress. The Commission is presenting
actions to ensure that citizens are better informed, in particular when
shopping online, and are given easy ways to seek redress when things go wrong. Targeted and accessible information in
the EU Much has been done to improve citizens’
awareness of their EU rights, in particular through the Europe Direct[21] and Your Europe[22] one-stop shop. One in three citizens now
say they are well informed about their EU rights[23]. This represents an
improvement but it is still not enough. Just under a quarter of respondents (24%)
feel fairly or very well informed about what they can do if their EU rights are
not respected[24].
The Commission is setting out ideas to further streamline and improve
information for citizens on their EU rights and on how to use them. Participating in the democratic life of
the EU Full participation of EU citizens in the
democratic life of the EU at all levels is the very essence of Union citizenship.
Promoting citizens’ and civil society’s involvement in a debate on European
issues is a timely endeavour in the context of the European Year of Citizens
and the upcoming European elections, which are key moments for citizens to have
their say. Citizens question practices by which some Member States deprive their
nationals of their right to vote in national elections because they have been
living in another EU country for a certain period of time (disenfranchisement)[25]. In the joint European
Parliament and Commission hearing of 19 February 2013 on EU citizenship,
citizens, civil society, experts and MEPs discussed the justification for
disenfranchisement in the light of current realities. The Commission is
suggesting avenues to promote EU citizens’ participation in the democratic life
of the EU. The 2013 EU Citizenship Report is accompanied
by the Report on progress towards effective EU citizenship 2011 – 2013 (under
Article 25 TFEU), which takes stock of the application of the Treaty provisions
on EU citizenship in the last three years. In parallel the Commission also adopted the
Annual Report on the application of the EU Charter of Fundamental Rights[26]. 2. Twelve new key actions to
improve EU citizens’ lives 2.1 –
Removing obstacles for workers, students and trainees in the EU Making it easier for citizens, in
particular young people, to develop their skills, find a job and contribute to
growth in the European Union Citizens on the move boost the EU's
economy Despite high levels of unemployment (over
26 million people in the EU), the number of unfilled vacancies is on the rise compared
to mid-2009 and businesses face difficulties recruiting qualified staff. This
represents a risk to growth and innovation in the EU economy. Labour mobility
can thus be a powerful adjustment mechanism to address imbalances and
contribute to a better matching of jobs and skills, whilst restoring dynamism
and alleviating social suffering among EU citizens. It increases citizens’
chances of a smooth transition into employment and opens opportunities for
personal and professional development. There is a strong economic case for
mobility. The recent experience of the 2004 and 2007 enlargements has shown
that intra-EU mobility has positive effects on the economies and labour
markets. For instance, the GDP of EU-15 countries is estimated to have
increased by almost 1% in the long term as a result of post-enlargement
mobility (in 2004-09)[27]. For the EU as a whole the GDP effect of recent intra-EU mobility
flows is equivalent to a collective income gain of around 24 billion EUR for EU
citizens[28]. However, today, mobility of workers is still low in the EU[29]. EU citizens are still hesitant to look for a
job in another EU country because they are worried about their situation if
they do not find one quickly[30].
Currently, EU law guarantees that unemployed citizens
who are entitled to unemployment benefits and who go and look for a job in
another EU country will continue to receive their unemployment benefits from
their home country for a period of three months[31]. Although EU law provides the
possibility for Member States to extend the right to this entitlement to a
maximum of six months, this right is not yet secured by the respective national
practices[32].
In the 2012 public consultation on EU citizenship a majority of respondents
(69%) considered that they should receive unemployment benefits for at least six
months when looking for a job in another EU country. Source: 2012 Public
consultation on EU citizenship - Base: Respondents who had looked for a job in
another EU country Frederico, a young cook from Portugal
decided to go to Sweden to look for a new job. He asked the employment services
in Portugal for the document enabling him to receive his Portuguese unemployment
benefits in Sweden for a period of three months and registered with the
employment services in Sweden as soon as he arrived. However, he did not find a
job within the three months for which the document was valid. He had to decide whether
to return to Portugal in order not to lose his rights to unemployment benefits
or stay in Sweden without any entitlement to unemployment benefits. He decided
to attend a few additional job interviews in Sweden and returned to Portugal
after five months. As a consequence, he lost his right to unemployment benefits
in Portugal. Action 1: The
Commission will propose a revision of the social security coordination
regulation[33]
and look into extending the export of unemployment benefits for longer than the
mandatory three months, to make it easier for citizens to look for a job in
another EU country. The Commission urges Member States to make full use of the
current rules in allowing jobseekers to receive their unemployment benefits for
up to six months while looking for a job in another Member State[34]. Citizens wishing to improve their
skills and competencies abroad As underlined by the Commission in its
employment package 'Towards a job rich recovery'[35] and its Agenda for new skills and
jobs[36],
investment in education and training systems is fundamental
to raising productivity, competitiveness, economic growth and ultimately
employment. Young EU citizens are open to improving their
skills and competencies by studying or training in another EU country.[37] Overall, more than one in two young Europeans is willing or keen to
work in another EU Member State[38].
Young people's
willingness to work in another EU country Source: 2011
Eurobarometer on Youth on the Move Currently available data estimates that only 10%
of European higher education graduates have studied elsewhere in the EU[39]. Numbers for degree
(full-programme) mobility in the EU are even lower. This is partly because of
the costs of studying in another EU country. In its proposal for an Erasmus for
All programme[40]
the Commission has proposed a students’ loan guarantee scheme to enable Master’s
level students who wish to complete a full degree programme in another EU
country to access bank loans on favourable conditions. According to the
Commission's proposal up to 330 000 students should benefit over the
seven-year period of the programme. Furthermore, the Commission will continue
to foster mobility for young people to study, train or volunteer abroad or to
take part in youth exchanges. Teachers and educational staff will also be given
the possibility to teach or train abroad. Thanks to the new programme, almost five
million citizens should be able to benefit from these opportunities over the
2014-2020 period. When considering traineeships in another EU
country, young people do not always find relevant information about
opportunities that exist and are concerned about the
quality and terms of working arrangements. Studies and
surveys highlight a number of quality problems relating to traineeships: lack
of learning content and insufficient terms and conditions, in particular a low
level (or lack) of social protection and compensation/remuneration[41]. Furthermore, a traineeship contract specifying the rights and
obligations of the parties is still not compulsory in a number of EU countries
(as many as 25% according to a 2011 survey by the European Youth Forum[42]). Low or no pay raises
concerns about employers using this as a form of unpaid employment. There is an
urgent need to tackle these shortcomings and enhance opportunities for young
people to develop their skills and acquire work experience abroad. This is
necessary not only to address the concerns voiced by citizens, especially the
young, but also to address dramatic levels of youth unemployment. Nathalie graduated in France and
considered starting her professional career in Spain or Germany. Never having
lived abroad, she first wanted to do a traineeship but wondered if she would be
allowed to do so without being enrolled in an educational programme (in France
this is a prerequisite). Also, she did not know what rights she would have as a
trainee in those countries and whether she would receive social protection or
be entitled to compensation or pay. In 2013, to make it easier for young people
to find quality work experience in another EU country, the Commission will develop a quality framework for traineeships setting out the main
features of high quality traineeships in terms of protecting trainees’ rights
and helping them make the most of their working experience. It will also review
and reform the EURES network to make it more suitable to the real needs of the
labour market by enhancing job matching services for the benefit of jobseekers
and companies alike. It will in addition launch a pilot
initiative with some Member States to improve the EURES
information exchange about traineeships and apprenticeships with a view to
further facilitating the transition to work for the young people. Furthermore, the Commission urges Member States
to swiftly implement the Youth Guarantee[43]
in a sustained and ambitious manner to help young people gain a working
experience. Action 2: In order to help young EU citizens develop their skills and
enter the labour market, the Commission will develop, in 2013, a quality
framework for traineeships. The Commission
will also put forward an initiative in 2013 to modernise EURES to enhance the
role and impact of employment services at national level and improve the
coordination of labour mobility in the EU. In addition to the EURES reform, the
Commission will launch a pilot initiative to improve the exchange of
information about traineeships and apprenticeships opportunities through EURES. 2.2 – Cutting
red tape in the Member States Removing administrative hurdles and
simplifying procedures for EU citizens living and travelling in the EU Citizens’ identity and residence
documents Moving and living freely within the EU is the EU right citizens
associate most directly with EU citizenship[44].
According to the 2013 Eurobarometer on EU citizenship[45], almost nine in ten EU
citizens know that they have this right to free movement. Source: 2013 Eurobarometer on EU
citizenship However, almost one in five of all
participants in the 2012 public consultation on EU citizenship[46] reported problems with moving
to or living in another EU country (17%); these include administrative hurdles
with documents when wanting to travel or prove their identity within the EU. Inquiries
on free movement and residence constituted 21% of queries submitted to Your
Europe Advice[47]
in 2012 and 13% of total SOLVIT cases in 2012[48]. EU citizens residing in an EU country other
than their own for more than three months may be required to register with the
local authorities, in which case they receive a registration certificate.
However, these certificates are not always accepted as identity documents in the
EU (in particular by private entities such as banks, companies, etc.) and
citizens cannot use them as travel documents, even within the EU. Similar
problems arise for EU citizens who hold identity cards issued in their own
country and often cannot rely on them in their transactions in other EU
countries. Private companies feel uneasy accepting 'foreign' documents as proof
of identity since the format of such documents, unlike passports, is not
harmonised at EU level. EU citizens living in another EU country are also
confronted with difficulties when they need to obtain or renew ID cards or
passports to travel within the EU at short notice, in particular when the
nearest consulate is in another country. Sanna, who is Finnish and lives in Munich,
has booked a flight to Finland but, two days before leaving, she is mugged and
her passport and ID card are stolen. Sanna cannot get a new passport in time,
as the only Finnish consular representations in Germany that could issue a
passport are in Berlin and Hamburg, and she cannot get there at such short
notice. At the airport, when she shows only her German registration certificate,
the airline refuses to allow her to board the plane, citing security
regulations. In the public consultation on EU citizenship,
citizens asked for solutions to simplify their life and reinforce their
identification with the EU, including through uniform European documents, where
applicable[49].
The Commission will inter alia consider whether it would be appropriate
to establish rules for a common secure format for registration certificates
issued to EU citizens by Member States and for residence documents issued to
their family members. This initiative would enable EU citizens and their
families to use a single document in their daily life and solve problems they encounter
in their dealings with private entities in other EU countries, whilst also
enhancing document security. To further reduce administrative burdens, EU
citizens should also be given the option to use such secure registration
certificates as travel documents for journeys within the EU, if such documents
are issued by the Member State in which they reside. Action 3: In
2013 and 2014 the Commission will work on solutions to remove obstacles faced
by EU citizens and their family members who live in an EU country other than
their own in relation to identity and residence documents issued by Member
States, including through optional uniform European documents for citizens,
where applicable. Citizens’ cross-border taxation
formalities EU citizens can live in one country, work in
another and possess property in a third. This can make it difficult for them to
know where they should pay their tax and how to do so. Language barriers and
lack of cooperation between tax authorities of different countries in resolving
cross-border taxation issues do not make things easier. Citizens might also be
confronted with considerable administrative hurdles, in particular when
claiming tax refunds due from other countries or because of conflicting tax systems
in different Member States which may even lead to the same income being taxed
twice by different Member States. Questions on tax alone constituted 9% of the
total number of SOLVIT cases in 2012. Your Europe Advice, assistance services
such as Consumer Centres in cross-border regions, and EURES also report that
they receive many and varied tax queries. Ylva who is Swedish is married to Martin
who is Slovak. They live in Sweden and are now both retired. While Ylva worked
only in Sweden, Martin has also worked in Slovakia. They would now like to move
to the Netherlands to be near their grandchildren but have many questions with
regard to their tax situation and do not know who to turn to. How will their
pensions be taxed once they have moved? What about possible inheritance tax? What
should they do if they suffer double taxation after moving? If they keep their
Swedish home where will they pay property tax and where will income from that
property be taxed? In the course of 2013, the Commission will identify
best practices in EU countries as regards helping citizens in cross-border tax
situations and will engage in follow-up discussions with national authorities
to promote their wider adoption. Best practices could include information
contact points in national administrations specialised in cross-border taxation
issues, websites providing basic information for citizens and directing them to
the most appropriate contact point, simplifying procedures for claiming double
taxation relief and excess tax applied abroad, taxpayers’ codes describing
taxpayers’ basic rights and obligations, and close cooperation between EU
countries in resolving cross-border tax disputes. The Commission will match this with a new
EU-wide compliance initiative to make sure that the laws of all Member States
affecting the taxation of mobile persons comply with the jurisprudence of the
Court of Justice and that these citizens do not experience unnecessary
administrative burden and additional costs when exercising their right to move
to other Member States to work or live there. Action 4: The
Commission will, in 2013, take initiatives to promote best tax practice in
cross-border situations and ensure the correct application of EU law so as to
make it easier for European citizens moving or operating across borders to deal
with different sets of tax rules and, in particular, to avoid double taxation. Citizens’ car paperwork Currently roadworthiness
tests are conducted differently across the Union, with different vehicle
categories to be tested, different test intervals, different test methods and
different assessments of defects. Consequently, one and the same vehicle could
be tested in different EU countries with different results, leading to
different safety levels. As a consequence of these diverging standards, EU
countries do not recognise each other’s roadworthiness certificates. This
entails an unnecessary administrative burden and costs for citizens travelling
to another country with their car. Monika, who is
Lithuanian, works in a hotel in an Austrian ski resort five months a year. As the
annual roadworthiness test for her car is due in March, when she is in Austria,
she has to interrupt her stay and drive all the way back to Lithuania just to
present her car for the periodic test. It would be so much easier if she could
do the test in Austria and have the roadworthiness certificate automatically
recognised in Lithuania, and elsewhere in the EU. In 2012, the Commission
made proposals[50]
to establish minimum standards for the control and safety of cars (raising the
quality of testing, introducing requirements for the testing equipment,
improving the skills of inspectors, reinforcing supervision of testing
centres). Building on harmonised standards for controlling the roadworthiness
of cars, the Commission will, in the course of 2014, take concrete steps
towards establishing an electronic 'vehicle information platform' to facilitate
the recognition of roadworthiness certificates. Action 5: Building
on its work to improve EU citizens’ safety on the roads, the Commission will, in
the course of 2014, take steps towards establishing a 'vehicle information
platform' to facilitate the recognition of roadworthiness certificates, making
it easier and safer for citizens to travel to another EU country with their
car. 2.3 –
Protecting the more vulnerable in the EU Lifting obstacles for citizens with
disabilities and further strengthening procedural rights for citizens, taking
into account the specific situation of children and vulnerable citizens Citizens with disabilities There are approximately 80 million persons
with disabilities in the European Union. They often have access to certain entitlements,
in particular in connection with public transport or cultural institutions, linked
to their disability card. Unlike parking cards for
persons with disabilities, for which a common EU model was established almost
fifteen years ago, disability cards are recognised only
at national level, making things difficult for disabled persons travelling to
another EU country. Seán, a disabled Irish citizen, would like
to join his classmates in their annual school trip. However, he is not sure
that his Irish disability card will be recognised in other EU countries and
that he will thus benefit from the access to transport enjoyed by disabled
local residents. If Seán had an EU disability card he would be reassured about
having access to some of the specific benefits that nationals from that country
enjoy. The Commission will launch a pilot initiative
with a view to developing a mutually-recognised EU disability card that will facilitate
equal treatment of persons with disabilities who travel to other EU countries,
when it comes to access to transport, tourism, culture, and leisure. Action 6: The
Commission will facilitate the mobility of persons with disabilities within the
EU by supporting, in 2014, the development of a mutually recognised EU
disability card to ensure equal access within the EU to certain specific
benefits (mainly in the areas of transport, tourism, culture and leisure). Citizens’ procedural rights Everyone is presumed innocent until proven
guilty[51].
Divergent national rules governing the presumption of innocence can complicate
police and judicial cooperation and the mutual recognition of judgments. They
also create uncertainty for citizens as to the protection they might get in
another EU country. Furthermore, the right to legal aid in criminal proceedings[52] varies considerably across the
Member States and persons suspected or accused in criminal proceedings in
another EU country are currently not always guaranteed effective and timely legal
assistance. Certain suspected or accused persons are more
vulnerable because, owing to age or their mental or physical condition, they have
difficulties in understanding, following or effectively participating in
discussions. This can affect their right to a fair trial and makes it all the
more important that the presumption of innocence and legal aid are guaranteed. In the public consultation on EU
citizenship, 73 % of respondents supported the idea of giving children and
vulnerable adults safeguards to ensure a fair trial that must apply in any EU
country. Christian, a 16 year old youngster who is
living with his parents in an EU country other than his country of origin was
arrested at home and taken to the police station for questioning in connection
with the theft of a car which had been found that day near the block where he
lived. He was questioned for about six hours, during which he first denied any
involvement in the theft and later admitted to stealing the car after the
police told him that a confession would have a positive impact on the outcome
of his case. Christian was questioned without being allowed to contact his
parents and without the presence of a lawyer. He was not informed about his
right to remain silent and not to incriminate himself. The Commission intends to propose, by the end
of 2013, a package of legal instruments to guarantee the presumption of
innocence and legal aid when a citizen is suspected or accused in criminal
proceedings in another EU country and to strengthen the procedural rights of
children and vulnerable persons. Action 7: The
Commission will, by the end of 2013, propose a package of legal instruments to
further strengthen citizens’ procedural rights when they are suspected or
accused in criminal proceedings, taking into account the specific situation of
children and vulnerable citizens. 2.4 – Eliminating
barriers to shopping in the EU Citizens’ small claims In the last 12 months, four in ten citizens
have bought or ordered goods or services over the internet for private purposes
(40%). More Europeans purchase
goods or services from sellers based in other EU countries than they did two
years ago (+4 percentage points). Almost one in three purchase offline and
online goods from businesses based in other Member States (30%)[53]. The fact that shopping within
the EU is easier may mean that there are more disputes and these have to be
solved in a quick and easy manner in order not to discourage citizens. The European Small Claims Regulation[54] introduced a number of
practical solutions to facilitate cross-border litigation for claims under EUR 2 000,
such as dropping the need to have the judgement recognised in the case of
enforcement abroad or allowing for written procedure based on a standard form.
However, citizens’ claims addressed to the Commission show that there is a need
to strengthen the existing regulation, in particular to address deficient
practices observed in many Member States such as lack of practical assistance
in filling application, departure from the principle of written proceedings,
unnecessary hearings, insufficient use of tele- and videoconferencing for
hearing witnesses, etc. Tibor, who lives in Hungary, wants to buy
a new TV. He found the ideal TV in a shop nearby for EUR 2 750 but decided
to check the net for a better price. He found exactly the same TV for EUR 2 200
and placed the order online. The TV was delivered on time, but to his surprise
it was black, not silver as he had ordered. He returned the TV and asked for
his money back. The seller remained silent. Since the seller was located in
Portugal, he wondered how to get redress. A friend told him about the European
Small Claims Procedure on the European e-Justice Portal[55] and they
quickly spotted all the advantages: it was possible to claim in Hungary and not
in Portugal, without paying the costs of the lawyer, and even without going to
the court! Then he realised that this easy procedure would not be available to him
since the threshold for claims under the procedure was only EUR 2 000. Citizens consider that raising the threshold
for the European Small Claims Procedure would make it easier for consumers to
obtain redress in another EU country[56]. In the 2013 Eurobarometer on small claims,
respondents said that they would be most encouraged to go to court in their
country by the following factors: being able to conduct proceedings only in
writing without physically going to court (37%), being able to conduct
proceedings without having to instruct a lawyer (31%), and conducting
proceedings online (20%). The Commission will revise existing rules to further
simplify the European Small Claims Procedure, make sure that the facilities
offered by the procedure are used to their full potential and raise the current
threshold to EUR 25 000. The Regulation in question will also create a
legal environment whereby citizens can conduct the procedure online. Action 8: By
the end of 2013, the Commission will revise the European Small Claims Procedure
to facilitate the settling of disputes regarding purchases in another EU country. Citizens shopping online European consumers benefit from legislation
guaranteeing them fair treatment, safety of the products they acquire, comprehensive
information before buying, and, as highlighted above, remedies when something
goes wrong[57]. Most recently, in February 2013, the Commission adopted a package
of measures to enhance the safety of consumer products, including those bought
on line, with a view to boosting citizens’ confidence and stimulate sales[58]. Despite this protection, citizens still face
problems in particular when shopping online, as reported by almost one in four
participants (24%) in the 2012 public consultation on EU citizenship. Consumers
frequently miss crucial information when comparing or buying digital products
(e.g. audiovisual downloads such as music, films or games). Where there is
information, non-experts cannot always understand it. They often find it
difficult to determine if they will be able to use the product on their device
or judge the quality they will get. Florian is looking for the best place to
buy and download his favourite rock band’s new album. It is available as a
download from a major online store. Only afterwards does he realise that he
also needs to buy the music player from the store in order to play it. The user-friendly
display of relevant information about main characteristics, interoperability
and functionality would allow Florian to compare offers easily and buy high
quality music files that would work on his audio player. The Commission intends to make sure that
consumers buying digital products receive the key information in an
understandable and comparable manner. It will help national authorities to enforce
consumer protection rules by giving guidance on the information obligations for
digital products. The Commission will also develop a model for uniform and
user-friendly display of key information (e.g. price, type of contract, right
of withdrawal, interoperability with hardware and software, functionality such
as the digital format used, quality of the file, file size, portability to
other devices owned by the consumer, possibility to make private copies, etc.)
which will appear on the screen at the right moment (e.g. when the offer is
made). This will also make it easier to compare
digital products and facilitate the development of accurate comparison
websites. More than 80% of European consumers used price comparison websites in
2010, with five out of ten consumers using them at least once a month[59]. The Commission, in consultation with stakeholders, will continue
its work for improving the transparency and reliability of such comparison
tools for consumers[60]. The Commission also intends to launch, by
spring 2014, a dedicated EU-wide awareness-raising campaign to make citizens more
aware of their rights as consumers and hence improve confidence in the digital
online market. Action 9: The
Commission will, by spring 2014, develop in close cooperation with national
enforcers and relevant stakeholders, a model for the online display of key requirements
to make the information on digital products clearer and easy to compare. It
will also, by spring 2014, launch a dedicated EU-wide awareness raising
campaign on consumer rights. 2.5 –
Targeted and accessible information in the EU Citizens’ free movement rights and
the local administration Front desks in local administrations play a
key role in enforcing citizens’ free movement rights as they are often the
first interface for citizens settling in a new city and a primary source of
information and assistance. However, complaints received by the Commission and
EU assistance services show that problems EU citizens encounter when they go to
live in another EU country are often due to the fact that front-desk officials in
local administrations are not sufficiently familiar with EU citizens’ free
movement rights. This is confirmed by the results of a Committee of the Regions
study in 2012[61] and the 2012 public consultation on EU citizenship. One in four
citizens residing in another EU country report problems (27%) and almost one in
two say that staff in local administrations do not have sufficient information
about their EU rights (47%). Staff in local administrations should thus be
given the tools to fully comprehend free movement rules. Source: 2012 Public consultation on EU citizenship - Base: Respondents
who faced problems while moving or residing in another EU country Cécile, who is
Belgian, and her husband Nicolás, an Argentinian citizen, go to live in another
EU country and, as soon as they settle there, Nicolás successfully passes an
interview for a job in a local company. However, in response to the company's
enquiry, the official at the town hall says that Nicolás needs a work permit,
not immediately realising that such a requirement does not apply to family
members of EU citizens exercising their right to free movement. As a result,
Nicolás is not hired. By the end of 2014, the Commission will develop
an e-training tool for local administrations to ensure that EU citizens,
wherever in the EU they present themselves, will be met by front-desk officials
who have a solid knowledge of their rights and of the conditions and procedures
to give effect to them. Also, as of 2013, the Commission will support,
via its town twinning scheme, exchanges of best practice between
municipalities and projects aimed at enhancing knowledge about citizens’ rights
and facilitating their enforcement. Action 10: The
Commission will take actions to ensure that local administrations are given the
tools to fully comprehend the free movement rights of EU citizens. Citizens seeking where to turn to have
their rights respected Too often citizens do not know what to do
when their rights are not respected and in particular whether they should go to
national authorities, EU institutions or other bodies such as the European
Court of Human Rights. Even when it is clear that it is a matter for the EU
institutions, citizens are often not sure about which one they should turn to. The 2013 Eurobarometer on EU citizenship
shows that just under a quarter of respondents (24%) feel fairly or very well
informed about what they can do when their EU rights are not respected. Roughly
half (51%) feel they are not very well informed whilst another quarter (23%)
feel that they are not informed at all. Source: 2013 Eurobarometer
EU citizenship These findings were confirmed by the 2012
public consultation on EU citizenship. Many respondents also said that the
tools listed in the question (SOLVIT, Europe Direct, Your Europe Advice) were
new to them. The majority of all respondents indicated they would welcome an
online tool which would allow them to understand easily at what level (EU,
national or local) their problem would best be resolved (63%). Source: 2012 Public
consultation on EU citizenship - Base: All respondents Maja, who is Slovenian, bought a small
apartment in Bulgaria but afterwards discovered that its construction was in
breach of several building regulations and that the real estate agent had known
about it but withheld this information from her. She thinks that her
fundamental right to property has been violated, but wonders whether she should
complain to the European Commission, the European Ombudsman or the Bulgarian or
Slovenian ombudsman. She did not know that national consumer authorities would
be the right body to turn to. The one-stop-shop information provided
through Your Europe and Europe Direct as well as other thematic tools provides
citizens with practical information on their rights and will be further
developed. On its central Europa web site, the
Commission will guide citizens in a user-friendly way towards the most relevant
service to solve their problem, either EU assistance services and institutions,
or national and local instances. Action 11: In
the course of 2013, the Commission will make it clearer and easier for citizens
to know who to turn to for their rights to be redressed by providing user-friendly
guidance on its central Europa web site. 2.6 –
Participating in the democratic life of the EU Enhancing citizens’ electoral rights and
promoting their full participation in the democratic life of the EU Citizens and
their political participation in the EU Bolstering EU
citizens’ full participation in the democratic life of the EU, at all levels,
is the very essence of EU citizenship. Mobilising citizens, reinforcing the
dialogue with civil society and fostering media freedom and pluralism are
central to an informed political debate in a democratic process. Participation
in European Parliament elections is the primary way for citizens to contribute
to the shaping of EU policy and constitutes the bedrock of representative
democracy in the European Union. Almost six out of ten EU citizens think that
voting in European elections is the best way of ensuring that their voice is
heard by EU decision-makers[62].
The Commission recently presented recommendations to further enhance the
transparency in the European elections and strengthen the ties between citizens
and the EU, underlining the important role to be played by European political
parties[63].
Moreover, the Commission will continue to promote the use of the European
Citizens' Initiative. To raise awareness
about EU citizenship and the concrete rights it confers to all EU citizens, in
particular their electoral rights, and about the possibilities to participate
in the decision-making process of the EU, the Commission will produce and
promote the dissemination of a handbook presenting in a clear, concise and readable
way, the rights attached to EU citizenship. The handbook could be distributed
by national authorities to every young EU citizen reaching voting age, but also
on other occasions, such as the registration of new births, the issuing of
passports, the acquisition of a Member State’s nationality, or as material to
be included in school curricula, in particular on citizenship education. Citizens and
their right to take part in elections in their EU country of origin Generally, Europeans
think that EU citizens should not lose their right to vote in national
elections in their country of nationality just because they have moved to
another EU country (disenfranchisement). Source: 2012 Public consultation on EU citizenship -
Base: All respondents Source: 2013 Eurobarometer
on electoral rights A Danish couple
found interesting employment opportunities in a company in Poland and moved to
live there, whilst their daughter stayed in Denmark to finish her studies. They
often go back to Copenhagen to see their family and friends and remain closely
tuned to political and social developments in Denmark where they intend to
return eventually. However, they cannot vote in national elections, as current legislation allows Danish citizens
leaving the country to remain on the electoral rolls only if they register
their intention to return within two years. National disenfranchisement policies, where
they exist, are commonly justified by the fact that, after a certain period of
time spent abroad, the link with the society of origin is weakened. This
argument should be re-assessed in the light of current socio-economic and technological realities, the fact that people can move around more easily, and increasing
social and cultural interpenetration within the EU. 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. Discussions at the joint European Parliament and
Commission hearing on EU citizenship on 19 February 2013 also highlighted the
incongruity of depriving EU citizens of essential
political rights for the very reason that they have exercised their fundamental
EU right to free movement. Those who have exercised their right of free
movement can find themselves in a less favourable position than if they had
stayed at home or curtailed their stay in another EU country. There has been
national litigation contesting the conformity of national disenfranchisement
policies with EU law[64], but no preliminary question has to date been referred to the Court
of Justice. Citizens
and their right to take part in elections in their EU country of residence EU citizenship involves the rights of EU
citizens to vote and stand as candidates in local and European elections in the
host country under the same conditions as nationals. These rights were meant to
give concrete effect to the principle of non-discrimination between nationals
and non-nationals and enable EU citizens to integrate better and take part in
democratic life in their host country[65].
However, they leave uncovered the most important levels of political
participation, i.e. the national level, and - in the 13 Member States where
regions are vested with legislative capacities - the regional level[66]. This asymmetry means
that EU citizens who are already members of the community at local level are
deprived of an effective voice as regards the decisions of the national legislature
which directly affect them. This gap in equality of treatment and in political
participation for EU citizens who exercise their fundamental EU right to move
and reside freely within the EU looms larger as European integration progresses
and promoting the participation of EU citizens in the democratic life of the
Union increases in importance. In the 2012 public
consultation on EU citizenship and in the 2013 Eurobarometer on electoral
rights, 72% and 67 % of respondents respectively thought that non-national EU
citizens should be allowed to vote in the national elections of their host
country. This represents a significant increase since
2010 (+17 percentage points). Source: 2012 Public consultation on EU citizenship - Base: All
respondents Source: 2013 Eurobarometer on electoral rights As regards regional
elections, 64% of respondents in the 2013 Eurobarometer on electoral rights
said that EU citizens should be given the right to vote (assuming such
elections are held in that country). Once again, this is a significant increase
since 2010 (+10 percentage points). Source: 2013 Eurobarometer on electoral rights 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. The dynamic
towards strengthening the rights attached to EU citizenship is embodied in the
Treaty itself (e.g. Article 25 TFEU). In the context of
the broader reflections on the shape of the future of the European Union, the
Commission will examine ways to enable EU citizens to participate in national
and regional elections in their country of residence. Citizens and
their access to a European Debate Currently 68 % of EU
citizens do not feel sufficiently informed about European affairs. 74 % of
people with a negative perception of the EU say of themselves that they are not
well informed about it. Despite greater use of the internet and social media,
in particular among younger citizens, TV is still the first choice for most
people (58%) when it comes to being informed about European affairs[67]. The Audiovisual Media Services
Directive[68]
promotes media pluralism by opening-up national markets to broadcasters and
video-on-demand providers from other EU countries. Moreover the internet makes
access to content from other Member States easier. However national TV channels
often report on European topics from a national point of view for a national
audience. 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.[69] Action 12: The
Commission will: - promote EU citizens’
awareness of their EU citizenship rights, and in particular their electoral
rights, by launching on Europe Day in May 2014 a handbook presenting those EU
rights in clear and simple language; - 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; and - explore in
2013 ways of strengthening and developing the European public space, based on
existing national and European structures, to end the current fragmentation of
public opinion along national borders. 3. Conclusion: A new impetus
for EU citizenship With its 2013 EU Citizenship Report
and the wide-ranging consultations that helped shaping it, the
Commission draws on citizens' experiences to make sure that they can fully
enjoy their EU rights and the benefits Union citizenship brings to them in
their daily life. The report and the debates surrounding it are
steps, together with the European Year of Citizens[70] and the ongoing Citizens’
Dialogues[71],
to involve citizens alongside politicians, experts and civil society, in the
run-up to the 2014 European Parliament elections, in a genuine debate on the
way forward to a stronger and ever closer Union with the citizen at the
core of its action. As underlined by President Barroso in his
2012 State of the Union Address, “Europe has to be ever more democratic”. EU
citizens will take the European project forward if they see its concrete
benefits for them and their families, if they identify with its goal and vision
and if they are involved in the process. ANNEX 1 Follow
up to the 2010 EU Citizenship Report: 25 actions accomplished The 2010 EU Citizenship Report outlined 25
actions envisaged by the Commission to remove main obstacles faced by EU
citizens seeking to exercise their EU rights in different roles in their daily
lives. This Annex presents the main actions taken by the Commission to deliver
on its 2010 commitments[72]. Bringing
legal clarity regarding property rights of international couples - Action 1 The Commission adopted on 16 March 2011 two
Proposals for Regulations on the jurisdiction, applicable law and the
recognition and enforcement of decisions - as regards matrimonial property
regimes[73], and - the property consequences of
registered partnerships[74]. The proposed Regulations aim to help international
couples trying to settle
property-related issues in the event of divorce, legal separation or death to identify
the applicable law and the responsible court. They also contain rules for
recognising and enforcing court judgments on a couple's property in all Member
States through a single procedure. Couples could thus save an estimated average
of EUR 2.000 to 3.000 per case, depending on its complexity. Eliminating
cumbersome and costly formalities regarding cross-border use of civil status
documents and facilitating cross-border access to justice - Actions 2 and 3 Action 2 On 14 December 2010 the Commission issued a
Green Paper “Less bureaucracy for citizens: promoting free movement of
public documents and recognition of the effects of civil status records”[75] launching, until 10 May 2011,
a public consultation. On 24 April 2013, the Commission proposed a
Regulation[76]
which will make it easier for citizens to secure recognition of public
documents required in cross-border situations (such as birth, death or marriage
certificates or documents relating to real estate). The proposed rules lead to
cutting red tape by simplifying administrative formalities. They will also reduce
translation costs related to the use of public documents within the EU. The
proposal also establishes EU multilingual standard forms which citizens can
request concerning, inter alia, birth, marriage and death. Action 3 The Commission launched in July 2010 the
European e-Justice Portal, an electronic one-stop-shop for
access to justice throughout the EU. Citizens
dealing with events such as divorce, death, litigation or even moving house and
who need to enforce their rights in a court in another EU country, can get
quick answers to a number of questions. They can notably find a legal
practitioner in another country, learn how to avoid costly court cases through
mediation, where to bring a lawsuit, which Member State’s law applies in their
cases and whether they are eligible for legal aid. Reinforcing the protection
of suspected and accused persons in criminal proceedings and of victims of
crimes - Actions 4 and 5 Action 4 The Commission presented on 8 June 2011 a Proposal for a Directive[77]
on the right of access to a lawyer in criminal proceedings and on the right to
communicate upon arrest with
a view to ensuring that every defendant in criminal proceedings is able to rely
on the same basic level of rights – whatever their nationality and in whichever
EU country the proceedings take place. This proposal
sets out EU-wide minimum standards on the right of access to a lawyer for
suspects and accused persons and on the right of people in detention to
communicate with a person of their choice, such as a relative, employer or
consular authority[78]. Action 5 On 18th May 2011, the Commission presented:
- a Communication on
"strengthening victims' rights in the EU"[79], which sets out the
Commission's position on action in relation to victims of crime; - a proposal for a Directive
establishing minimum standards on the rights, support and protection of victims
of crime[80],
aimed at reinforcing existing national measures with EU-wide minimum standards,
so that any victim can rely on the same basic level of rights – whatever their
nationality and in whichever of the EU countries the crime takes place; and - a proposal for a Regulation
on the mutual recognition of protection measures in civil matters[81] (complementing the 2012
Directive on the European Protection Order[82]
which applies to criminal protection measures). The proposal aims at ensuring
that victims of violence can still rely on a protection measure issued against
the perpetrator if they travel or move to another EU country. Following the Commission’s proposal, the
Directive 2012/29/EU[83]
establishing minimum standards on the rights, support and protection of victims
of crime was adopted on 25 October 2012. The minimum rules it establishes
inter alia ensure that victims are treated with respect, get information on
their rights and on their case and can actively participate in proceedings.
They also ensure that victim support exists in every Member State and that victims
with specific protection needs due to their vulnerability (including children)
are identified and properly protected. Removing taxation problems in cross-border
situations, in particular regarding taxation of cars[84], and
simplifying re-registration procedures for cars - Action 6 The Commission published, on 20 December
2010[85], a Communication "Removing cross-border tax obstacles for
EU citizens", identifying the most serious tax problems that EU
citizens face in cross-border situations and announcing its intention to make
proposals in some specific areas as well as, more generally, to assist Member
States in making their tax systems more compatible and in cooperating better in
the interests of EU citizens. Further, the Commission identified breaches to EU
law and took action against the Member States concerned, where necessary. The Communication on "Double
taxation in the Single Market", of 11 November 2011[86], highlighted the main double
taxation problems within the EU and concrete measures that the Commission will propose
to Member States to address them, such as the establishment of a forum on
double taxation and the adoption by Member States of a code of conduct and a
dispute resolution mechanism. On 15 December 2011, the Commission adopted
a comprehensive initiative on inheritance taxation, including a
Recommendation[87]
intended to provide an impetus for Member States to tackle the problems of
double or multiple taxation on the same inheritance. The Commission also
provided guidance to Member States on how to make their inheritance tax systems
non-discriminatory. Further, the Commission conducted a review of Member
States' tax provisions applicable to cross-border inheritance and took action
against the Member States in question where necessary. In 2014, the Commission will
produce a report. The Commission launched a public consultation from 3 March to
26 May 2011 to identify main difficulties encountered by EU citizens as regards
the registration of cars previously registered in another Member State. On this
basis, the Commission adopted on 4 April 2012 a
Proposal for a Regulation simplifying significantly the re-registration procedures[88]. This initiative
seeks to reduce unnecessary administrative burdens, which would lead to a total
savings of at least 1.5 billion euro per year for businesses, citizens and
registration authorities. To address the problems faced by EU citizens related to cross-border
car taxation, the Commission presented on 14 December 2012 a Communication
"Strengthening the Single Market by removing cross-border tax obstacles
for passenger cars"[89],
clarifying EU rules on car taxation and identifying best practices that Member
States should implement, such as informing citizens of their rights and
obligations in relation to the application of car taxes in cross-border
situations and refunding part of the registration tax for cars which are
permanently transferred to another Member State, so as to avoid double taxation.
In the accompanying Staff Working Document[90],
the Commission gives an overview of the legal protection available to EU
citizens and economic operators under EU law. Helping
EU citizens fully benefit from cross-border health care and eHealth technology - Action 7 Directive 2011/24/EU on patients' rights
in cross-border healthcare[91] entered into force on 24 April 2011 and should be transposed into
national law by 25 October 2013. It clarifies patients' rights to access safe and good quality
treatment across EU borders, and be reimbursed for it. Directive 2011/24/EU established a Network
of national authorities on eHealth, the so-called eHealth Network. One
of the objectives of this Network is to develop guidelines defining a minimum
set of patient data to facilitate cross-border exchange of this data among
Member States[92].
Moreover, the Network will support Member States in developing common
identification and authentications measures to facilitate transferability of
data. In addition, on 6 December 2012, the Commission published a Staff Working Document
on the applicability of existing EU legislation to telemedicine services[93] to
clarify the legal framework of telemedicine services provided across borders.
This document accompanied the Commission eHealth Action Plan 2012-2020 that
provides the EU vision for enhancing eHealth deployment as well as patients'
and healthcare workers' empowerment in their use of eHealth. Finally, with a view to equipping
Europeans with secure online access to their medical health data, the
Commission is funding - as from
January 2012 and until the end of 2014 - two pilot projects[94] involving
over 20 regions in different Member States. Giving
full effect to the right to consular protection for EU citizens in distress in
third countries - Action 8 On 23 March 2011, the Commission presented a
Communication “Consular
protection for EU citizens in third countries: State of play and way forward”[95] announcing concrete actions to increase the effectiveness of EU citizens’ right
to be assisted in third countries, including in times of crisis, by the
diplomatic and consular authorities of all Member States. On the same day the
Commission launched a dedicated website on consular protection[96] for use by
citizens seeking information on consular protection, the addresses of consular
and diplomatic representations in non-EU countries and access to Member States'
travel advice. On 14 December 2011, the Commission adopted a Proposal
for a Directive on consular protection for Union citizens abroad[97].
Enhancing
citizens’ awareness and the enforcement of their rights when buying holiday
packages, and when travelling as passengers and as tourists and removing
barriers for persons with disabilities - Actions 9, 10, 11 and 12 Action 9 The Commission
has assessed the package travel market thoroughly, including potential policy
options for a response to the changes in this market since the adoption of the
existing directive in 1990. These developments include in particular the introduction
and expansion of the internet as a distribution channel, which has changed the
way consumers organise their holidays. The Commission has recently organised
several consultations with consumer organisations, industry stakeholders and
Member States and expects to announce its proposal for the way forward by
summer 2013. Action 10 New European legislation which entered into
force in 2012 and 2013 ensures that passengers have similar basic rights
everywhere in Europe, irrespective of whether they travel by air, train, ship
or bus: Regulation (EU) No 1177/2010[98]
for passengers travelling by sea and inland waterways entered into force on 6 January 2011, and Regulation (EU) No 181/2011[99] on the rights
of passengers travelling by bus and coach entered into force on 20 March
2011. These new rules ensure that passengers in all those modes have the right
to be informed and to get assistance when something goes wrong with their
travel. In particular, disabled persons and persons with reduced mobility will
benefit from protection and free of charge assistance when travelling. Between 2010 and 2012, the Commission
organised a Europe-wide passenger rights awareness-raising campaign providing
information about the rights of air and rail passengers across Europe,
including “Airport Day", a pan-European information event in 28 airports
on 4 July 2012. The Commission's work raising citizens' awareness of passenger
rights in all modes of transport will be carried forward through a new
Europe-wide information campaign to be launched in 2013 and lasting until
mid-2015. Moreover, on 13 March 2013 the Commission
proposed a revision of air passengers' rights[100] which would
strengthen the application of these rights via a clarification of the legal
texts and via enhanced enforcement and complaint-handling mechanisms. Action 11 The Commission adopted, on 15 November
2010, the Disability strategy 2010-2020[101], aimed at empowering people with disabilities so that they can enjoy
their rights and participate fully in society. The strategy focuses on
eliminating barriers across eight main areas: accessibility, participation,
equality, employment, education and training, social protection and health. On 11 April 2011 the Commission presented a
Report on Regulation (EC) No 1107/2006 on disabled persons and persons with
reduced mobility when travelling by air[102], identifying unclear areas in the application of the Regulation. As a
follow-up to this report, the Commission published in June 2012, Guidelines[103] for national
authorities and air transport stakeholders providing clarifications and
aiming at improving the application of the Regulation. The new Commission
awareness raising campaign to be launched in mid-2013 will include specific
actions devoted to disabled passengers and passengers with reduced mobility. On
11 March 2013, the Commission adopted Directive 2013/9/EU[104] which adds explicit essential
requirements in terms of accessibility of the railway system to disabled
persons and passengers with reduced mobility. A further strand of the Commission's action
relates to the ongoing process of standardising accessibility in the built
environment. The Commission produced a
study which describes the fragmented situation in the EU and provides an
overview of more than 250 regulations, standards, and guidelines and, in 2013,
will work toward developing a European standard. Furthermore, the
Commission presented on 3 December 2012 for the third time the access city award. This award, given
annually on the occasion of the European day of persons with disabilities, celebrates
cities with over 50 000 inhabitants which take exemplary initiatives to improve
accessibility in the urban environment. Winners so far were Berlin in 2012,
Salzburg in 2011 and Avila in 2010. Finally, the Commission launched, between
12 December 2011 and 29 February 2012, a public consultation to prepare
for a European Accessibility Act. This initiative aims to ensure that
people with disabilities have access to important goods and services in Member
States. It will also benefit people with limited mobility, such as the elderly.
Action 12 To increase consumers' confidence in
tourism services the Commission is creating a European Quality Label to ensure
consistency in the assessment of the quality of the services offered to
consumers. The Commission also aims to increase the number of citizens who can go
on holiday, despite their disabilities or difficulties linked to age or
economic difficulties. To this purpose it promotes awareness raising among
businesses about the benefits of investing in accessibility, it encourages
tourism during the low season and engages in dedicated communication activities to promote sustainable tourism destinations.
Increasing consumers’
awareness about their rights and existing means of redress and facilitating the fast and low-cost out-of-court resolution of
consumer disputes - Actions 13 and 14 Action 13 In line with the objective of the Digital Agenda for
Europe to promote awareness and understanding of citizens’
digital rights, the Commission presented on 17 December 2012 the Code of EU online
rights[105].
This Code does not create new rights but sets out in a transparent and
understandable way the key existing principles and rights of citizens under
EU law protecting them when using online services, buying goods online, and in
case of conflict with their providers of these services. Although the Code is
not enforceable in itself, the particular rights and principles are enforceable
under the national legislation transposing the EU rules from which they derive.
Action 14 To facilitate fast and low-cost out-of-court
resolution of consumer disputes in the EU, the Commission presented on 29
November 2011 a legislative package, comprising a proposal for a Directive on
consumer Alternative dispute resolution (ADR)[106] and a
proposal for a Regulation on consumer Online Dispute Resolution (ODR)[107]. The European Parliament and
the Council adopted both proposals in December 2012. The legislation will be
published in June 2013. - The Directive on consumer ADR will
enable consumers to resolve disputes with traders out-of-court when they have a
problem with a product or service which they bought (excluding disputes in the
sectors of health and education), by involving an ADR entity (e.g. a conciliator, mediator, arbitrator, ombudsman, complaints
board etc.). The ADR entity should respect specific quality requirements (such
as transparency, independence, fairness and effectiveness) and should make the
outcome of the procedure available within 90 days. Online traders will also
need to inform consumers about ADR. - The Regulation on consumer ODR
creates an EU-wide online platform which will provide consumers and businesses
with a single point of entry for resolving entirely on-line within 90 days the
disputes concerning purchases made on-line. Online
traders will also need to inform consumers about ODR. ADR and ODR are faster, cheaper and easier to use than
court proceedings and are expected to save consumers across Europe around 22.5
billion euro a year. The Commission further focused on promoting mediation,
since it can result in significant time and money savings for citizens. EU
rules on mediation are comprised in a Directive[108] adopted on 21 May 2008 and
which had to be transposed by the Member States by 21 May 2011. The Commission
launched in July 2012 a study to evaluate comprehensively the transposition
of the Directive by the Member States, also focusing on the importance of
promoting the extensive use of mediation for a more citizens-friendly justice.
This analysis should also enable the Commission to determine whether there is a
need for further action. Facilitating
the intra-EU mobility of EU citizens and the exercise of their social security
rights - Actions 15 and 16 Action 15 The Commission pursued a rigorous
enforcement policy with a view to achieving the full and correct
transposition and application of the EU free movement rules across the European
Union. As a result of this policy, the majority of Member States amended their
legislation or committed themselves to adopting, within a set deadline,
amendments aimed at ensuring full compliance with these rules. Issues solved included
the incorrect or incomplete transposition of provisions of EU law regarding the
rights of entry and residence for family members of Union citizens, including
same-sex partners, the conditions for issuance of visas and residence cards for
third-country national family members and the safeguards against expulsions. In
seven out of the 12 infringement proceedings launched, the Commission has sent
a reasoned opinion to the Member States concerned, which is the last step
before bringing the matter before the Court of Justice of the EU. A more
detailed assessment can be found in the Report on progress towards effective EU
Citizenship 2011-2013 (Report under Article 25 TFEU) annexed to the 2013 EU
Citizenship Report. On 26 April 2013, the Commission proposed a
Directive facilitating the effective exercise of the right to free movement of
workers in the EU[109].
This proposal aims to improve enforcement of workers' free movement rights, and
to prevent discrimination on grounds of nationality. In particular, Member
States will be required to set up bodies at national level which will provide
information on the rights of mobile EU workers and assist those who suffer from
nationality-based discrimination. Moreover, Member States will have to guarantee
EU mobile workers who believe they are victims of discrimination with efficient
means of redress at national level as well as to ensure that associations and
organisations such as labour unions and NGOs may engage in administrative or
judicial procedures on behalf or in support of EU migrant workers who are
victims of discrimination. To increase EU citizens' awareness and
ensure their easy access to information on their right to move and reside
freely within the EU, the Commission published in 2010 simple and
reader-friendly information on applicable EU rules and on how to benefit from
this right on the dedicated Your Europe portal[110], which also provides
access to personalised assistance services, and in the 2012 booklet "Your Europe- Your Rights"[111]. In addition, it published in
2013 an updated version of the guide for EU citizens on freedom to move
and live in Europe, spelling out in a reader-friendly manner the rights and
possibilities open to them[112].
Action 16 To help citizens who move around in Europe in the exercise of their social security rights, the Commission is developing
the Electronic Exchange of Social Security Information (EESSI), an
IT system to help social security bodies across the EU to exchange information
more rapidly and securely. Through this system, communication between
national social security bodies is taking place using structured electronic
documents, thus replacing paper-based exchanges. This system will bring
important benefits for citizens, as it allows for a better management and
faster calculation and payment of social security benefits and a reduction of
errors in processing claims. The Commission and the Member States are
currently developing the central system and will further focus their efforts to
support the national social security bodies' preparations toward working in an
electronic environment. Removing
obstacles to the exercise of citizens’ political rights - Actions 17, 18, 19
and 20 Initiatives taken by the Commission to
remove obstacles encountered by EU citizens seeking to participate in European
elections were presented in the Commission Communication of 12 March 2013 "Preparing
for the 2014 European elections: further enhancing their democratic and
efficient conduct"[113]
and summarised in the Report on progress towards effective EU citizenship
2010-2013 (Report under Article 25 TFEU) which accompanies the 2013 EU
Citizenship Report. This section summarises progress achieved
in bringing forward two further issues set out in the 2010 EU Citizenship Report. Firstly, as announced in Action 18,
the Commission pursued a rigorous enforcement policy to ensure that all
Member States allow non-national EU citizens to found or become members of
political parties. The principle of non-discrimination on grounds of
nationality implies not only the formal suppression of the nationality
requirement as a condition for Union citizens to stand as candidates or vote in
municipal and in European elections but also the elimination of any measures
which could prevent them from exercising this right under equal conditions, as
guaranteed by the Treaty. The prohibition for non-national Union
citizens to become members of a political party deprives them from the
possibility to make use of the main platform of political participation, in
particular during elections, and has a negative impact on their chances to be
elected in comparison with those of nationals. The Commission has taken action
against seven Member States and four cases have been satisfactorily clarified
and closed. Secondly, as announced in Action 20,
in 2011 the Commission launched a political dialogue with those Member
States whose nationals may lose their
political rights in their country of origin (be
disenfranchised) if they live in another Member State for a certain period of
time. The aim was to
identify options to prevent EU citizens from thus losing their right to
participate in national elections in any country as a consequence of exercising
their right to free movement. In particular, it addressed letters to the Member
States concerned, explaining its views and inviting their contribution to a
common reflection. The replies provided clarifications on current laws and
policies and on related debates taking place at national level. This dialogue
pointed to the need to seek constructive ways forward with a view to promoting
citizens' participation in the democratic life of the EU at all levels, as
further explained and taken forward in Action 12 announced in the present
Citizenship Report. Providing
easily accessible information to citizens on their EU rights – Actions 21 and
22 Action 21 In the course of the last three years, the
Commission has sought a closer integration of the Europe Direct services
– the Europe Direct Contact Centre and the Network of around 450
Europe Direct Information Centres, and Your Europe-Citizens web
portal in order to provide citizens with a fully multilingual and
multichannel information platform: online, by telephone, by e-mail and in
person. The Your Europe portal was completely
revamped and now offers user-friendly practical information in 22
languages about EU rights and their national implementation rules from a
user's perspective, whilst, for more personalised advice, visitors are guided
to relevant help and assistance services (such as Europe Direct, Your Europe
Advice, SOLVIT, EURES, ECC-Net). The portal is being further developed, in
particular through more intensive cooperation with Member States to ensure the
availability of country-specific information on EU citizens' rights (e.g. national
authority contacts, guidance on specific procedures to follow or documents to
submit in order to exercise EU rights and information on relevant national
rules, such as those applicable when buying property). At the same time, the
Commission will further reinforce SOLVIT and increase its visibility on and off
line. Throughout 2011 and 2012, the 450 Europe
Direct Information Centres in all Member States were thoroughly briefed on
the content of Your Europe-Citizens portal and on how to use this content to
meet citizens' information needs. The mission of the new Europe Direct
Network for the 2013-2017 period was re-defined by stating clearly the role
of the Information Centres as key partners of the "one-stop shop" and
in terms of providing information about the EU by referring citizens to the
relevant content of Your Europe. In parallel, the Commission endeavoured to
bring to the attention of the widest possible number of Europeans the existence
of Europe Direct & Your Europe as the primary citizen-friendly one-stop-shop
information point on EU rights. As a result of these awareness-raising efforts,
the number of queries answered by the Europe Direct Contact Centre increased
by more than 20 % in 2012 as compared with 2011. Your Europe also
attracted a significantly increasing number of visitors (it had almost 4,3
million visitors in 2012, as compared with 2,4 million in 2011 and 1,5
million in 2010). Recent user surveys indicate a high degree of satisfaction:
70% of visitors find at least some of the information they are looking for and
93% of users rate the portal satisfactory or better[114]. Action 22 With the support and coordination of the
Commission Representations in EU countries, the Europe Direct Information
Centres became important information vehicles on EU rights at local,
regional and national level. The Representations also reinforced their
cooperation with Your Europe Advice to offer personalised advice on legal
matters to citizens. The Europe Direct Information Centres
currently act as the main entry points for information at local level: they
answer questions from their local audiences or signpost citizens to thematic EU
information services and outlets at national level. In 2012, an automated
channel was established to connect the Network to the Brussels-based Europe
Direct Contact Centre. This channel enables every local Europe Direct
Information Centre to submit queries directly to the Contact Centre on behalf
of citizens. Carrying forward its work on streamlining
access to the information citizens need on how to benefit from their EU rights,
the Commission is currently establishing a "no wrong door" policy
i.e. seamless connections between Europe Direct and thematic EU information
providers so that citizens' queries will always receive an answer from the
right information provider regardless of their point of entry. The Commission Representations in the
Member States undertook numerous awareness-raising and outreach actions in respect of citizens' rights, either with a thematic link or more
generally and were also active in awareness-raising about the European
Citizens' Initiative, using a variety of communication means. In 2012, the
Europe Direct Contact Centre became the central contact point for information
on the European Citizens' Initiative. Raising
citizens' awareness about EU citizenship and the rights attached to this status
– Actions 23, 24 and 25 Action 23 Based on a Commission proposal, the Council
and the European Parliament designated 2013 as the European Year of Citizens[115]. The Year (www.europa.eu/citizens-2013) is
intended to raise Union citizens' awareness about their EU rights and the
policies and programmes that exist to support the exercise of those rights and
to stimulate a debate on, and strengthen civic and democratic participation in,
Union policies. The European Year of Citizens is providing
many opportunities across the continent for citizens to debate these important
issues. To achieve the objectives of the European Year, the Commission is
collaborating closely with many stakeholders, institutions and interested
parties, all of whom are vital multipliers, to make sure that the messages of
the European Year can reach down to the local level. In addition, the 7th Framework Programme for
Research, the Socio-economic Sciences and Humanities (SSH), managed by the
Commission, has devoted an activity area to "The Citizen in the European
Union". Research in this area is aimed at furthering knowledge on EU
citizenship, raising awareness and disseminating research results among
academic communities, policy makers, civil society organisations and the
broader public. The Commission has funded a range of multi-disciplinary
research projects specifically addressing issues related to achieving a sense
of democratic ownership and participation by EU citizens[116]. Action 24 On 15 November 2011 and on 14 December 2011
respectively, the Commission issued its Proposals for the future Rights and
Citizenship Programme[117]
and the future Europe for Citizens Programme[118], respectively. Both these proposals
aim to provide financial support for EU citizenship in a consistent and
complementary way. In particular, the Rights and Citizenship Programme will
address the rights deriving from EU citizenship, whereas the Europe for
Citizens Programme will promote the participation of citizens in the democratic
life of the Union. The programmes will complement each other, exploiting
synergies and avoiding duplications. In shaping these proposals, the
Commission’s overreaching goal was streamlining and simplification[119]. As a result, these programmes
are fully aligned with the Financial Regulation, meaning that, in principle,
they will be subject to the same overarching rules and will benefit from the
simplification elements introduced in the new Financial Regulation. Action 25 With a view to ensuring high-quality
reporting and strengthening information provided on European affairs, new
programmes were launched on Euronews in spring 2011 and a Brussels-based studio
was opened on 14 June 2011. As a result, daily coverage of EU affairs has
been reinforced and become livelier, including more debates and interviews, as
well as programmes with the participation of citizens. Furthermore, the
Commission signed a partnership agreement with Euronews which has made it
possible to support these initiatives over the longer term. ANNEX 2 - Twelve new key actions to
improve EU citizens' lives 1. The Commission will
propose a revision of the social security coordination regulation and look into
extending the export of unemployment benefits for longer than the mandatory
three months, to make it easier for citizens to look for a job in another EU
country. The Commission urges Member States to make full use of the current
rules in allowing jobseekers to receive their unemployment benefits for up to
six months while looking for a job in another Member State. 2. In order to help young EU
citizens develop their skills and enter the labour market, the Commission will
develop, in 2013, a quality framework for traineeships. The Commission will
also put forward an initiative in 2013 to modernise EURES to enhance the role
and impact of employment services at national level and improve the
coordination of labour mobility in the EU. In addition to the EURES reform, the
Commission will launch a pilot initiative to improve the exchange of
information about traineeships and apprenticeships opportunities in other EU
countries through EURES. 3. In 2013 and 2014 the
Commission will work on solutions to remove obstacles faced by EU citizens and
their family members who live in an EU country other than their own in relation
to identity and residence documents issued by Member States, including through
optional uniform European documents for citizens, where applicable. 4. The Commission will, in
2013, take initiatives to promote best tax practice in cross-border situations
and ensure the correct application of EU law so as to make it easier for
European citizens moving or operating across borders to deal with different
sets of tax rules and, in particular, to avoid double taxation. 5. Building on its work to improve
EU citizens' safety on the roads, the Commission will, in the course of 2014,
take steps towards establishing a 'vehicle information platform' to facilitate
the recognition of roadworthiness certificates, making it easier and safer for
citizens to travel to another EU country with their car. 6. The Commission will
facilitate the mobility of persons with disabilities within the EU by
supporting, in 2014, the development of a mutually recognised EU disability
card to ensure equal access within the EU to certain specific benefits (mainly
in the areas of transport, tourism, culture and leisure). 7. The Commission will, by
the end of 2013, propose a package of legal instruments to further strengthen
citizens' procedural rights when they are suspected or accused in criminal
proceedings, taking into account the specific situation of children and
vulnerable citizens. 8. By the end of 2013, the
Commission will revise the European Small Claims Procedure to facilitate the
settling of disputes regarding purchases in another EU country. 9. The Commission will, by
spring 2014, develop in close cooperation with national enforcers and relevant
stakeholders, a model for the online display of key requirements to make the
information on digital products clearer and easy to compare. It will also, by
spring 2014, launch a dedicated EU-wide awareness raising campaign on consumer
rights. 10. The Commission will take
actions to ensure that local administrations are given the tools to fully
comprehend the free movement rights of EU citizens. 11. In the course of 2013, the
Commission will make it clearer and easier for citizens to know who to turn to
for their rights to be redressed by providing user-friendly guidance on its
central Europa web site. 12. The Commission will: –
promote EU citizens’ awareness of their EU
citizenship rights, and in particular their electoral rights, by launching on
Europe Day in May 2014 a handbook presenting those EU rights in clear and
simple language; –
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; and –
explore in 2013 ways of strengthening and
developing the European public space, based on existing national and European structures,
to end the current fragmentation of public opinion along national borders. [1] A blueprint for a deep and genuine economic and
monetary union – Launching a European Debate, COM(2012) 777 final/2. [2] Treaty on the Functioning of the European Union
(Title II, Articles 20-24) and Charter of Fundamental Rights of the European
Union (Chapter V). In this report the term "citizen" can also refer
to any person who resides within the EU in accordance with the relevant Treaty
provisions and secondary legislation. [3] See for instance Case C-184/99, Grzelczyk,
paragraph 31. [4] Case C-34/09, Ruiz Zambrano, paragraph 42. [5] EU Citizenship Report 2010 on dismantling obstacles
to EU citizens’ rights, COM (2010) 603. [6] The full account of actions taken since 2010 is set
out in detail in the Annex 1 to this report. [7] Public consultation on EU citizenship launched by the
Commission on 9 May 2012 (hereinafter 2012 public consultation on EU
citizenship) - http://ec.europa.eu/justice/citizen/files/eu-citizen-brochure_en.pdf. [8] Flash Eurobarometer 365 - European Union citizenship
- February 2013 (hereinafter 2013 Eurobarometer on EU citizenship) - http://ec.europa.eu/public_opinion/flash/fl_365_en.pdf.
[9] Flash Eurobarometer 364 - Electoral Rights - March
2013 (hereinafter 2013 Eurobarometer on electoral rights) - http://ec.europa.eu/public_opinion/flash/fl_364_en.pdf. [10] EU citizenship joint European Parliament and Commission
hearing of 19 February 2013 "Making the most of EU citizenship" - http://ec.europa.eu/justice/citizen/document/files/eu_hearing_report.pdf. [11] Forum of 28 November 2012 "Citizens' Agenda going
local" - http://www.cor.europa.eu/en/news/forums/Documents/proceeding_forum_citizens.pdf. [12] Conference of 22-23 January 2013 "Making the most
of the European Year of Citizens". [13] http://ec.europa.eu/european-debate/index_en.htm. [14] http://europa.eu/citizens-2013/. [15] All the proposals for action set out in this section will
be subject to the Commission's usual procedures for preparation of the
decision-making process and to the multiannual financial framework 2014-2020. [16] Standard Eurobarometer 78 - European Citizenship -
autumn 2012 (hereinafter standard Eurobarometer 78) - http://ec.europa.eu/public_opinion/archives/eb/eb78/eb78_first_en.pdf.
Unemployment is a growing concern for EU citizens (+ 4 percentage points since
the spring 2012 Eurobarometer survey). [17] This applies to nine in ten citizens according to the 2013 Eurobarometer on EU citizenship. [18] 2013 Eurobarometer on EU citizenship. [19] Eurostat - Internet purchases by individuals -http://appsso.eurostat.ec.europa.eu/nui/submitViewTableAction.do.
The figures are higher for young people (aged 25-34). [20] The 2012 public consultation on EU citizenship
highlights that one in four respondents encounter problems when shopping
online. [21] http://europa.eu/europedirect/index_en.htm. [22] http://europa.eu/youreurope/index.htm. [23] 2013 Eurobarometer on EU citizenship. [24] Ibid. [25] 2012 public consultation on EU citizenship and 2013
Eurobarometer on electoral rights. [26] COM(2013) 271 - http://ec.europa.eu/justice/fundamental-rights/files/charter_report_2012_en.pdf. [27] See Employment and social developments in Europe 2011,
chapter 6: Intra-EU labour mobility and the impact of enlargement, p.274. [28] See report by the European Integration Consortium on
labour mobility within the EU in the context of enlargement and the functioning
of the transitional arrangements, Nuremberg, 2009, p.132. See also "Five
years of an enlarged EU, Economic achievements and challenges", European
economy 1/2009, p. 135. [29] Only 3% of working-age EU citizens live in a different
EU country. Annual cross-border mobility within the EU stands at an average annual
rate of only 0.29%. This is far below the internal mobility rates in Australia
(1.5%) and the United States (2.4%). See OECD Economic Surveys - European Union
- March 2012 - http://www.oecd.org/eco/49950244.pdf. [30] According to the Eurobarometer survey on geographical
and labour market mobility, almost a quarter of respondents (24%) expects or
has encountered problems finding a job abroad. Special Eurobarometer 337 -
Geographical and labour market mobility - June 2010 - http://ec.europa.eu/public_opinion/archives/ebs/ebs_337_en.pdf. [31] Regulation (EC) No 883/2004 on the coordination of
social security systems, OJ L 166, p. 70, provides in its article 64, paragraph
1(c) that "entitlement to benefits shall be retained for a period of
three months from the date when the unemployed person ceased to be available to
the employment services of the Member State which he left, provided that the
total duration for which the benefits are provided does not exceed the total
duration of the period of his entitlement to benefits under the legislation of
that Member State; the competent services or institutions may extend the period
of three months up to a maximum of six months". The
arrangements for exchanges of information, cooperation and mutual assistance
between institutions and services of the Member States concerned, in particular
to report on the compliance of the jobseeker with the organised checking
procedures, are laid down in Implementing Regulation (EC) No 987/2009, OJ L
284, p.19, article 55. [32] COM(2012) 173. [33] Regulation (EC) No 883/2004 on the coordination of
social security systems, OJ L 166, p. 1. [34] COM(2012) 173. [35] Ibid. [36] COM(2010) 682. [37] According to the 2011 Eurobarometer on the Single
Market, 28% of EU working-age citizens would consider working in another EU
country in the future. The proportion is particularly high (54%) among young
people (15-24) and those aged 25-39 (38%). Special Eurobarometer 363 - Internal
Market: Awareness, Perceptions and Impacts - September 2011 - http://ec.europa.eu/public_opinion/archives/ebs/ebs_363_en.pdf. [38] Flash Eurobarometer 319b - Youth on the Move: Education and training, mobility, employment and
entrepreneurship - May 2011 - http://ec.europa.eu/public_opinion/flash/fl_319b_sum_en.pdf. [39] In 2011 the Council adopted a benchmark on learning
mobility within higher education according to which at least 20% of higher
education graduates should have had a period of higher education-related study
or training abroad (either for a full degree or a period of at least three
months) by 2020. [40] Proposal for a Regulation of the European Parliament
and of the Council establishing "Erasmus for All" The Union Programme
for Education, Training, Youth and Sport, COM(2011) 788. [41] European Commission Study on a comprehensive overview
on traineeship arrangements in Member States - 2012 - http://ec.europa.eu/social/main.jsp?catId=738&langId=en&pubId=6717. [42] European Youth Forum study - 2011 - "Interns
revealed" - http://issuu.com/yomag/docs/yfj_internsrevealed_web. [43] The Youth Guarantee is a scheme that ensures that all
young people under the age of 25 years receive a good-quality offer of
employment, continued education, an apprenticeship or a traineeship within four
months of becoming unemployed or leaving formal education, in line with the
Council Recommendation adopted on 22 April 2013. [44] Special Eurobarometer 75.1 - The European Ombudsman and
Citizens' Rights - July 2011 - http://www.ombudsman.europa.eu/en/press/statistics/eb751_eb_report.faces. [45] http://ec.europa.eu/public_opinion/archives/flash_arch_374_361_en.htm#365. [46] http://ec.europa.eu/justice/citizen/files/eu-citizen-brochure_en.pdf. [47] Your Europe Advice is a legal advice service for the
public consisting of a team of lawyers who cover all EU official languages and
are familiar both with EU law and national laws in all EU countries. http://europa.eu/youreurope/advice/index_en.htm. [48] SOLVIT handles problems with a cross-border element
that are due to bad application of EU law by public authorities within the EU
Member States. http://ec.europa.eu/solvit/. [49] The action under consideration will be applicable only
to Member States which issue ID or registration documents. [50] Proposal for a Regulation on periodic roadworthiness
tests for motor vehicles and their trailers COM(2012) 380, proposal for a
Regulation on the technical roadside inspection of the roadworthiness of
commercial vehicles circulating in the Union COM(2012) 382 and proposal for a
Directive on the registration documents for vehicles COM(2012) 381. [51] This basic principle of criminal law is laid down in
Article 48 of the Charter of Fundamental Rights of the EU and in Article 6(2)
of the European Convention on Human Rights; it also results from the constitutional
traditions common to the Member States. [52] The right to legal aid is laid down in Article 47 of
the Charter of Fundamental Rights of the EU and in Article 6(3) of the European
Convention on Human Rights. [53] Special
Eurobarometer 395 on the Small Claims Procedure - April 2013 - (hereinafter
2013 Eurobarometer on small claims) - http://ec.europa.eu/public_opinion/archives/eb_special_399_380_en.htm#395. [54] In force since 1 January 2009. [55] https://e-justice.europa.eu/home.do. [56] See 2012 public consultation on EU citizenship in
particular. [57] See the EU Citizenship Report 2010 on dismantling
obstacles to EU citizens’ rights (COM(2010) 603) in particular actions 9 to 13,
the Consumers’' Agenda (COM(2012) 225), and the Single Market Act II - together
for new growth (COM(2012) 573). [58] The Product Safety and Market Surveillance Package
consists, among others, of a proposal for a Regulation on consumer product
safety (COM(2013) 78), a proposal for a Regulation on market surveillance of
products (COM(2013) 75) and a Communication from the Commission setting out 20
actions for safer and more compliant products for Europe: a multi-annual plan
for the surveillance of products in the EU (COM(2013) 76). The documents are
available at http://ec.europa.eu/consumers/safety/psmsp/index_en.htm. [59] "Consumer market study on the functioning of
e-commerce" (2011), conducted on behalf of the European Commission, DG
Health and Consumers, by Civic Consulting. [60] For more information, see the Report from the
Multi-Stakeholder Dialogue on Comparison Tools: http://ec.europa.eu/consumers/documents/consumer-summit-2013-msdct-report_en.pdf. [61] Committee of the Regions 2012 study "Local and
regional authorities promoting EU citizenship and citizens' rights" - http://www.cor.europa.eu/en/news/forums/Documents/summary_cor_study_citizenship.pdf. [62] European Parliament Eurobarometer 77.4 - Two years to
go to the 2014 European elections - June 2012 http://www.europarl.europa.eu/pdf/eurobarometre/2012/election_2012/eb77_4_ee2014_synthese_analytique_en.pdf. [63] Commission Recommendation on enhancing the democratic
and efficient conduct of the elections to the European Parliament C(2013) 1303. [64] For instance, in the Preston case the UK High Court and
the Court of Appeal rejected the claim of a UK national who had lived in Spain
for more than 15 years and contested his disenfranchisement. An application for
the right to appeal before the Supreme Court was rejected without a reference having been made for a
preliminary ruling. [65] Preamble of Directives 93/109/EC and 94/80/EC,
respectively. [66] The 13 Member States in which regions are vested with
legislative capacities are Austria (Länder), Belgium (Régions), the Czech
Republic (Kraje), Denmark (Amtskommuner), Germany (Länder) , Spain (Comunidades
autónomas), France (Régions), Italy (2 autonomous provinces and 20 regions), the
Netherlands (provinciale staten), Poland (województwo), Slovakia (Kraje),
Sweden (Landstingsfullmäktige) and the United Kingdom. [67] Standard Eurobarometer 78 - report on media use in the
European Union - http://ec.europa.eu/public_opinion/archives/eb/eb78/eb78_media_en.pdf. [68] Directive 2010/13/EU on the coordination of certain
provisions laid down by law, regulation or administrative action in Member
States concerning the provision of audiovisual media services (Audiovisual
Media Services Directive) OJ L 95, p. 1–24. [69] See
Commission President Barroso's 2012 State of the Union Address: "I
would like to see the development of a European public space, where European
issues are discussed and debated from a European standpoint. We cannot continue
trying to solve European problems just with national solutions."
http://europa.eu/rapid/press-release_SPEECH-12-596_en.htm; see also the
European Parliament resolution of 7 September 2010 on "Journalism and new
media - creating a public sphere in Europe" (2010/2015(INI)) and German
Federal President Joachim Gauck's speech on Europe of 22 February 2013 - http://www.bundespraesident.de/SharedDocs/Reden/EN/JoachimGauck/Reden/2013/130222-Europe.html. [70] http://europa.eu/citizens-2013/. [71] http://ec.europa.eu/european-debate/index_en.htm. [72] The follow-up to the 25 actions presented in the 2010
report will be regularly updated – http://ec.europa.eu/commission_2010-2014/reding/factsheets/pdf/table_of_actions_en.pdf. [73] COM(2011) 126. [74] COM(2011) 127/2. [75] COM(2010) 747. [76] Proposal for a Regulation on promoting the free
movement of citizens and businesses by simplifying the acceptance of certain
public documents in the European Union and amending Regulation (EU) No
1024/2012 COM(2013) 228. [77] COM(2011)
326. [78] This Proposal is part of a
series of measures being put in place to establish clear rights across the EU
and safeguard people's fundamental rights to a fair trial and the right of defence. A Directive
on the right to interpretation and translation in
criminal proceedings entered into force on November 2010 and should
be transposed into national law by 27 October 2013 whilst a Directive
on the right to information in criminal proceedings entered into force on
21 June 2012 and should be transposed by 2 June 2014. [79] COM(2011) 274. [80] COM(2011) 275. [81] COM(2011) 276. [82] Directive 2011/99/EU of the European Parliament and of
the Council of 13 December 2011, OJ L 338, p.2. [83] Directive 2012/29/EU of the European Parliament and of
the Council establishing minimum standards on the rights, support and
protection of victims of crime, and replacing Council Framework Decision
2001/220/JHA, OJ L 315, p. 57. [84] Including registration and circulation taxes. [85] COM(2010) 769. [86] COM(2011) 712. [87] 2011/856/EU. [88] Proposal for a Regulation of the European Parliament
and of the Council simplifying the transfer of motor vehicles registered in
another Member State within the Single Market, COM(2012) 164. [89] COM(2012) 756. [90] SWD(2012) 429. [91] Directive of the European Parliament and of the Council
of 9 March 2011 on the application of patients’ rights in cross-border
healthcare, OJ L 88, p. 45. [92] To this end, the Network is supported by the eHealth
Governance Initiative Joint Action (eHGI) and the Joint Action on Patient
Registries (PARENT). [93] SWD(2012) 414. [94] Projects
SUSTAINS and PALENTE. [95] COM(2011) 149. [96] http://ec.europa.eu/consularprotection. [97] COM(2011) 881. [98] Regulation of the European Parliament and of the
Council of 24 November 2010 concerning the rights of passengers when
travelling by sea and inland waterway and amending Regulation (EC) No
2006/2004, OJ L 334, p.1. [99] Regulation of the European Parliament and of the
Council of 16 February 2011 concerning the rights of passengers in bus and
coach transport and amending Regulation (EC) No 2006/2004, OJ L 55, p.1. [100] COM(2013) 130. [101] COM(2010) 636. [102] Report from the Commission to the European Parliament
and the Council on the functioning and effects of Regulation (EC) No 1107/2006
of the European Parliament and of the Council of 5 July 2006 concerning the
rights of disabled persons and persons with reduced mobility when travelling by
air COM(2011) 166. [103] SWD(2012) 171 - http://ec.europa.eu/transport/themes/passengers/air/doc/prm/2012-06-11-swd-2012-171_en.pdf. [104] Commission Directive amending Annex III to Directive
2008/57/EC of the European Parliament and of the Council on the
interoperability of the rail system within the Community, OJ L 68, p.55. [105] The Code is available in its full version, together with
summaries, in the Digital Agenda
for Europe website whilst a simplified version is published in the Your Europe-Citizens
portal through a new section on Online
rights. [106] Proposal for a Directive of the European Parliament and
of the Council on alternative dispute resolution for consumer disputes and
amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on
consumer ADR), COM(2011) 793. [107] Proposal for a Regulation of the European Parliament and
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