91998E2893

WRITTEN QUESTION E-2893/98

by Wilmya Zimmermann (PSE) to the Council

(28 September 1998)

Subject: Problems in implementing Article 8 ff. of the EU Treaty (citizenship of the Union, free movement)

The restrictive laws on foreign nationals of many of the Member States often run counter to the objectives of Article 8 of the EU Treaty. Foreigners are often discriminated against in relation to citizens of the country in question when it comes to rules on residence and social and labour law.

What is the Council doing to eliminate the obstacles to freedom of movement represented by the Member States' laws on foreign nationals?

Reply

(8 February 1999)

Under Article 8 of the EC Treaty, every person holding the nationality of a Member State is a citizen of the Union and, as such, enjoys the rights conferred by the Treaty and is subject to the duties imposed thereby.

Over a period of some years the Council has adopted a large number of acts concerning the free movement of persons and the right of establishment. These have covered the right of residence of Member States' nationals and their families, social legislation and the rights of employees and self-employed persons.

In the light of the recommendations of the High Level Panel on the Free Movement of Persons, chaired by Ms Simone Veil, the Commission adopted a plan of action in which it said it would submit legislative proposals for improving the conditions under which the freedom of movement is exercised.

The Council recently received a proposal for a Regulation of the European Parliament and of the Council amending Regulation (EEC) 1612/68 on freedom of movement for workers within the Community, a proposal for a Directive of the European Parliament and of the Council amending Directive 68/360/EEC on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families and a proposal for a Decision of the European Parliament and of the Council establishing an advisory committee on freedom of movement and social security for Community workers and amending Council Regulations (EEC) 1612/68 and (EEC) 1408/71.

The Council will make every endeavour to ensure that the discussions on these proposals are brought to a successful conclusion as soon as possible.

As regards third-country nationals, the future Articles 62, point 1, and 63, point 4, of the EC Treaty - as introduced by the Amsterdam Treaty - will enable appropriate measures to be taken to facilitate the free movement of third-country nationals within the Community and the right of residence in the Member States for third-country nationals who are legally resident in one of the Member States.