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Document 52013DC0270
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS UNDER ARTICLE 25 TFEU On progress towards effective EU Citizenship 2011-2013
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS UNDER ARTICLE 25 TFEU On progress towards effective EU Citizenship 2011-2013
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS UNDER ARTICLE 25 TFEU On progress towards effective EU Citizenship 2011-2013
/* COM/2013/0270 final */
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS UNDER ARTICLE 25 TFEU On progress towards effective EU Citizenship 2011-2013 /* COM/2013/0270 final */
REPORT FROM THE COMMISSION TO THE
EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
AND THE COMMITTEE OF THE REGIONS UNDER ARTICLE 25 TFEU On progress towards effective EU
Citizenship 2011-2013 1. Introduction In the framework of the European Year of
Citizens 2013 and in accordance with Article 25 of the Treaty on the
Functioning of the European Union (TFEU), the present report covers major
developments in the field of EU citizenship between 1 January 2011 and 31
March 2013. Following the entry into force of the Lisbon Treaty, it also
refers to the European Citizens' Initiative and the prohibition of
discrimination on grounds of nationality[1]. On
discrimination on other grounds (Article 19 TFEU), the Commission will, in
November 2013, publish a report on the implementation of the Racial Equality
Directive[2]
and the Employment Equality Directive[3]
which will look into discrimination on grounds of racial or ethnic origin,
religion or belief, disability, age and sexual orientation in a consistent
manner. The Commission will also publish a report on the application of the Directive
on equal opportunities and equal treatment of men and women[4]. The Lisbon
Treaty gave full legal effect to the Charter of Fundamental Rights of the
European Union, which enshrines EU citizens’ rights in its Title V (Articles
39-46). The three Annual Reports on the application of the Charter of
Fundamental Rights, adopted in March 2011[5],
April 2012[6]
and May 2013[7],
hence also include a record of progress on Union citizens’ rights. 2. Developments in the field
of EU citizenship rights 2.1. Recent case-law
developments on EU citizenship In a number of key rulings, the Court of
Justice of the European Union has fleshed out its
consistent affirmation that "citizenship of the Union is intended to be
the fundamental status of nationals of the Member States"[8]. In the Zambrano[9]
judgment, the Court held that Article 20 TFEU precludes national measures which
could deprive Union citizens of the genuine enjoyment of the substance of their
rights as Union citizens. Applying this criterion in that particular case, it
concluded that an irregular migrant in a Member State whose minor dependent
children are nationals of that country must be allowed to reside and work
there. The Court explained that a refusal to grant this parent such a right would
deprive the children from the genuine enjoyment of the substance of their
rights as Union citizens as it would force them to leave the territory of the
European Union. The Court further specified that this applies even where the
children have never exercised their right to free movement within the EU. In another case, Dereci[10], the
Court highlighted the specific and exceptional nature of the situations in
which this criterion can apply. The criterion only applies to situations where
the EU citizen would be forced to leave the territory of the Union as a whole
(not only the territory of the Member State of which he/she is a national). Moreover,
it relates to situations in which a right of residence may not be refused to a
third country national who is a family member of a national of a Member State,
as the effectiveness of the Union citizenship enjoyed by that national would
otherwise be undermined. However, the fact that the Union citizen wishes to
reside together with a third-country national family member is not sufficient
to accept that he/she would be forced to leave the EU if the family member is
not granted a residence right. The Court further indicated that national
authorities or courts should assess in every case whether a refusal to grant a
residence right would undermine the right to protection of family life in the light
of Article 7 of the Charter of Fundamental Rights in situations covered by
Union law and of Article 8 of the European Convention on Human Rights where
Union law is not applicable. More recently, in O, S[11], the
Court confirmed that the principles stated in the Zambrano judgment
apply only in exceptional circumstances, but specified that their application
is not confined to situations in which there is a blood relationship, underlining
that the relevant factor is the relationship of dependency (legal, financial or
emotional). 2.2. Acquisition and loss of EU
citizenship According
to EU law, every person holding the nationality of a Member State is a citizen of the Union. It is for the Member States to decide who their nationals are
and to lay down the conditions for the acquisition and loss of their
nationality, having due regard to EU law[12].
Over
the reporting period, the Commission replied to approximately 62 individual
queries, 29 European Parliament questions and six petitions on such matters. The
Commission received questions from Members of the European Parliament on
situations where Member States decided to grant nationality to groups of people
such as those belonging to ethnic minorities in other countries or who deposit
certain amounts in a domestic bank. The authors questioned whether Member
States are free to lay down the conditions for the acquisition of their
nationality, notably in the light of the Court of Justice case law that, in
the exercise of their competence in this respect, Member States "must have
due regard to EU law". Interpreting
this proviso in the Rottmann Case[13],
the Court did not challenge the exclusive competence of Member States to
determine who may become their national and thus a Union citizen. Rather, it
imposed limits on their power to deprive Union citizens of the rights attached
to their Union citizenship status. In particular, it affirmed that, in respect
of citizens of the Union, the exercise of Member States’ power to lay down
rules for the acquisition and loss of nationality, in so far as it affects
rights conferred and protected by the legal order of the Union, as is the
case with a decision withdrawing naturalisation, is amenable to judicial review
carried out in the light of EU law. The situations described in the questions
received by the Commission concerned decisions for granting the
nationality of a Member State, which did not affect rights conferred and
protected by the legal order of the Union. 2.3. Free movement and
residence of EU citizens (Directive 2004/38/EC) 2.3.1. Measures
to ensure the correct transposition and application of Directive 2004/38/EC[14] The right of EU citizens to move and reside
freely within the territory of the Member States is one of the pillars of EU
integration. Over the reporting period, the Commission pursued a rigorous enforcement policy aimed at ensuring the full
and effective transposition of the Directive by all
Member States. As a result, the vast majority of Member States amended their laws,
or committed themselves to doing so, so as to ensure compliance with the rules on
free movement. The Commission is closely monitoring delivery on these commitments
and has been working with the Member States concerned to tackle outstanding
issues. In 2011, the Commission took action against
twelve Member States[15].
In 2012 - beginning of 2013, it sent reasoned opinions in seven of these twelve
cases[16].
As a result, so far, five Member States have amended their legislation or
committed themselves to doing so[17].
The main issues raised in the infringement proceedings concern the rights of
entry and residence for family members of Union citizens, including
same-sex spouses or partners[18],
the conditions for issuing visas and residence cards to non-EU family members
and the material and procedural safeguards against the expulsion of EU
citizens. The Your Europe web portal[19] informs EU citizens about
their rights. A specific section is devoted to free movement rights. The
Commission is also publishing an updated version of its guide for EU citizens
on freedom to move and live in Europe[20]. 2.3.2. Enquiries
and complaints handled Over the reporting period, 1566 individual
queries on free movement and residence issues were submitted to the Commission,
of which 581 were registered as formal complaints. The Commission also replied
to 147 European Parliament questions and 137 petitions. In 2011, there were 2 413 enquiries on free
movement issues submitted to the Europe Direct Contact Centres and 3 787 in
2012 (representing 3.9 % of EDCC annual volume). Free movement and residence-related issues are
among the top three areas in terms of numbers of SOLVIT
enquiries (922 enquiries) and cases (481 cases handled and
closed by SOLVIT in the reporting period, 88% of which were solved). 2.3.3. Examples of issues
addressed National authorities have the right to
expel EU citizens from their territory only under certain strict material and
procedural safeguards established by EU law. To ensure legal certainty for EU
citizens, it is essential that these safeguards are fully and correctly
transposed by all Member States. In 2010, the French authorities issued the
occupants of unauthorised camps, mostly Romanian and Bulgarian Roma, with
expulsion orders and orders to leave the French territory. The Commission conducted
a dialogue with the French authorities which led to the full incorporation in the
French legislation of the safeguards established by EU law. The new legislation
entered into force in June 2011. Denmark adopted new
expulsion rules which entered into force in July 2011 and also applied to EU
citizens, raising serious concerns about their compatibility with EU free
movement rules. Following the Commission’s intervention and contacts with the
Danish government, the Aliens Act was amended in June 2012. These examples show that dialogue with
Member States can be an effective means to solve issues to the benefit of EU
citizens. Another example of the Commission’s action
to ensure EU citizens’ rights to non-discrimination and dismantle obstacles to
free movement are the cases relating to the registration of foreign double
names. Following the Commission’s action in 2010, Sweden amended its legislation in 2012 to allow for the registration of foreign double
surnames for Swedish nationals. Also, the Commission took Belgium to court to enforce this same right for children born in Belgium of one Belgian parent and
one parent from another Member State. 2.3.4. Future priorities Following its action to ensure
transposition, the Commission will focus on the application of the EU free
movement rules on the ground. It is carrying out two studies on the
application of Directive 2004/38/EC. The first, launched at the end of 2012, will
examine how the right to free movement and residence is affected by formalities
and procedures relating to the issuing of residence documents. The second,
launched in early 2013, will evaluate the situation and the impact of mobility
of EU citizens at local level. The results will feed into further actions as
announced in the 2013 EU Citizenship Report, such as simplifying formalities for
EU citizens and promoting the efficient handling of free movement cases at
local level. Further, full enforcement of the EU rules
on free movement remains a priority for the Commission. A report on the
application of these rules will be produced once this enforcement effort and
the subsequent overall assessment of the impact of the free movement policy
have been completed. The Commission continues to call on Member
States to share information and best practice, including on fighting abuse and
fraud in relation to free movement. 2.4. Electoral rights EU citizens living in a Member State other than that of which they are nationals have the right to participate (as
voters and candidates) in municipal and European Parliament elections in that
country under the same conditions as its nationals. During the reporting period, the Commission
replied to approximately 100 individual queries, 50 European Parliament
questions and 9 petitions on EU citizens’ electoral rights. In five instances, the Commission pursued
dialogues with Member States on issues regarding the transposition of Directive
94/80/EC (right of EU citizens to participate in municipal elections) and in
ten instances regarding the transposition of Directive 93/109/EC (right of EU
citizens to participate in European elections). As a result, the Member States
amended their legislation or announced amendments to comply with EU law[21]. The Commission is finalising
its assessment and will closely monitor delivery on their commitments and the full
compliance of national laws. In addition, the Commission contacted eleven
Member States that did not allow non-national EU citizens to found or become
members of political parties, which is contrary to Article 22 TFEU. In two cases,
the situation was clarified, in one case national legislation was adopted in line
with EU law and in another case amendments were announced. Action was taken
against the seven remaining Member States[22].
In its report on
municipal elections[23]
issued on 9 March 2012, the Commission assessed how EU citizens’ electoral rights are implemented at local
level and suggested that the Member States should adopt targeted measures to
stimulate citizens’
participation and increase turnout. On 12 March 2013, the
Commission presented a Communication on "Preparing for the 2014
European elections: further enhancing their democratic and efficient conduct"
and a Recommendation "on enhancing the democratic and efficient
conduct of the elections to the European Parliament", aimed at
strengthening the European dimension of the European elections. By increasing efficiency and reducing administrative burden, the Recommendation will also improve the functioning
of the mechanism to prevent double voting provided for by Directive 93/109/EC. On 20 December 2012, the Council adopted Directive
2013/1/EU[24],
which makes it easier for EU citizens to stand as candidates in the 2014
European Parliament elections, as they will only need to produce an
identity document and a declaration that they fulfil the eligibility
conditions. Finally, as announced in the 2010 EU
Citizenship Report, the Commission launched a debate with those Member States
who deprive their nationals of the right to participate in national elections when
they exercise their free movement and residence rights and leave their country
of origin (disenfranchisement). Following a focused debate that took place in
the joint hearing organised with the European Parliament on EU citizenship on
19 February 2013, the Commission is announcing concrete actions in its 2013 EU
Citizenship Report. 2.5. Consular protection EU citizens
travelling to or living in a non-EU country where their Member State is not represented have the right to enjoy the protection of the diplomatic and consular
authorities of any Member State under the same conditions as the nationals of
that State. On 23 March
2011, as a follow-up to the 2010 EU Citizenship Report, the Commission presented
a Communication on Consular protection for EU citizens in third
countries: State of play and way forward[25]
and launched a dedicated website[26].
On 14 December
2011, the Commission adopted a proposal for a Directive on consular
protection for Union citizens abroad, which aims to establish clear and
legally binding rules on cooperation and coordination between Member States’
consular authorities to ensure that unrepresented EU citizens have
non-discriminatory access to protection from other Member States’ diplomatic or
consular representations in a third country. 2.6. The right to petition the
European Parliament EU citizens
have the right to petition the European Parliament on Union matters which
affect them directly. In 2012, the European Parliament’s
Committee on Petitions received 1964 submissions, as
compared with 2091 in 2011 and 1746 in 2010. Between January
and September 2012, 1010 petitions were declared admissible out of a total 1400
petitions registered (72%), as compared with 998 petitions in 2011 (71%) and
989 in 2010 (60%). The admissible petitions were either referred to an
institution or body or closed with a direct reply to the petitioner. As in previous
years, the most common subject matters for petitions in 2012 were fundamental
rights/justice, the environment and the internal market. 2.7. The right to complain to
the European Ombudsman EU citizens have
the right to complain to the European Ombudsman about maladministration in the
activities of the EU institutions, bodies, offices and agencies, with the
exception of the Court of Justice acting in its judicial role. Over the
reporting period, the Ombudsman registered around 2500 complaints a year. The
number of complaints outside his mandate fell from 1983 in 2010 and 1846 in
2011 to 1720 complaints in 2012. This decrease is mainly thanks to the
Ombudsman's interactive guide which directs complainants to the competent
authority. In 2012, 19 281 citizens used the guide to obtain advice. The number of opened
inquiries based on complaints increased from 323 inquiries in 2010 to 450 in
2012. This increase stems from the Ombudsman’s success in reaching out to
potential complainants. The most common
focus of enquiries is lack of transparency in the EU administration. In 2012,
21.5% of cases were transparency-related, as compared with 33% in 2010 and 25%
in 2011. In 20% of all inquiries closed in 2012 (80 cases), the Ombudsman was
able to secure a positive outcome. 2.8. European Citizens’
Initiative Under the European Citizens’ Initiative, the
Commission can be invited to propose legislation in areas in which it has the
powers to do so if the initiative has the support of one million citizens. Regulation (EU) No 211/2011, which applies since 1 April 2012, sets out the rules and procedures
for such initiatives. Between April 2012 and February 2013, the
Commission received 27 requests to register proposed initiatives. Issues range
from unconditional basic income and high-quality education for all to media
pluralism and voting rights. A first initiative has, according to its
organisers, gathered the required number of statements of support[27], but has not yet been formally
submitted to the Commission. In 2011, the Commission established a group
of Member States’ experts to exchange views, know-how and best practice on the
tasks to be carried out by the Member States in the citizens’ initiative
procedure. 2.9. Statistical
data on EU citizens who have exercised their right to free movement and
residence As
of 1 January 2012, there were approximately 13.6 million EU citizens residing (for
at least 12 months) in a Member State of which they were not nationals. There
are however many more EU citizens exercising their right to free movement and
residence. In 2011 over 180 million trips were made for private reasons in the
EU and almost 30 million for business reasons. 3. Developments as regards
the principle of non-discrimination on grounds of nationality Article 18 TFEU and Article 21(2) of the Charter
of Fundamental Rights prohibit discrimination on grounds of nationality within
the scope of application of the Treaties without prejudice to special
provisions contained therein. Given that this principle applies with regard
to any matter falling under the material scope of EU law, upholding this
principle is an integral part of the Commission’s role in ensuring the correct
application of EU law in the various policy areas, as illustrated by some
indicative examples below from the reporting period. In a series of actions brought against six
Member States (Austria, Belgium, France, Germany, Greece and Luxembourg), the
Commission contested national provisions reserving access to the notary
profession to nationals of the Member State concerned. In its judgments of
24 May 2011, the Court of Justice agreed that such provisions were
discriminatory on grounds of nationality and thus in breach of the Treaty[28]. In 2011, in another example of enforcement
action, the Commission took Austria to court because of a national rule granting reduced fares on public transport only to students
whose parents were in receipt of Austrian family allowances. In its judgment of
4 October 2012, the Court supported the Commission’s position, upholding the principle that EU students studying elsewhere in the EU have the same right to some
benefits as local students[29]. In 2012, the
Commission took action on problems encountered by non-Maltese EU citizens
residing in Malta in accessing reduced water and electricity tariffs
under the same conditions as those available to Maltese citizens. The Commission also took targeted policy action
in areas where specific problems relating to discrimination on grounds of
nationality were identified. A number of complaints and calls for legal
clarity from stakeholders pointed to the existence of questionable nationality
restrictions on access to sporting activities and/or sports competitions in
some Member States. To address these, the Commission adopted a Communication[30] in January 2011 on the
development of the European Dimension in Sports that provides guidance
to Member States on how to ensure practices that do not
discriminate on grounds of nationality on access to sporting activities and/or sports competitions. In December 2011, the Commission provided guidance to
Member States on how to ensure that cross-border inheritance tax rules do not discriminate on grounds of nationality[31]. This action was
followed up through a horizontal enforcement exercise tackling national
inheritance tax rules that were contrary to the EU Treaties. At the end of 2012, the Commission launched a study in
order to carry out a thorough assessment of national direct tax legislation to
determine whether they create unfair disadvantages for workers and persons that
move to another Member State. This initiative follows a previous one launched
in 2010 to scrutinise Member States' direct tax legislation to ensure that they
do not discriminate against cross-border workers. On this basis, the Commission
is taking the appropriate action and will follow the same approach regarding
the above mentioned 2012 study. In
May 2012, the Commission issued guidelines to Member States[32] for non-discriminatory vignette
systems for passenger cars and motorcycles. In June 2012, as part of its efforts to boost growth
through better implementation of the Services Directive (Directive 2006/123/EC),
the Commission announced[33]
measures to ensure proper enforcement of the principle of non-discrimination
based on the nationality of recipients of services, also issuing specific
guidance to Member States on the application of this principle[34]. Acknowledging
that access to payment accounts and other banking services has
become essential for citizens’ participation
in economic and social life, and as announced in the Single
Market Act II[35]
of October 2012, the Commission is adopting on the same day as that of the
present report an initiative aimed inter alia at overcoming nationality
discrimination relating to such accounts and banking services[36]. At the end of 2012, the
Commission launched a study[37] to evaluate how the principle
of non-discrimination on the grounds of nationality is implemented in national
laws in the area of access to higher education, including financial aid.
Finally, on 26 April 2013, the Commission proposed a Directive
facilitating the effective exercise of the right to free movement of workers in
the EU[38],
which aims, inter alia, to prevent discrimination on the basis of
nationality of mobile EU workers. 4. conclusion This report outlines the main developments and
actions at EU level on EU citizenship since 2011. It complements and accompanies
the 2013 EU Citizenship Report. [1] Articles 18 and 24 TFEU were
integrated by the Lisbon Treaty in Part Two of the TFEU "Non-discrimination
and Citizenship of the Union". [2] Directive 2000/43/EC
implementing the principle of equal treatment between persons irrespective of
racial or ethnic origin. [3] Directive 2000/78/EC
establishing a general framework for equal treatment in employment, occupation
and vocational training. [4] Directive 2006/54/EC on the
implementation of the principle of equal opportunities and equal treatment of
men and women in matters of employment and occupation. [5] COM(2011) 160 - http://ec.europa.eu/justice/fundamental-rights/files/annual_report_2010_en.pdf. [6] COM(2012) 169 - http://ec.europa.eu/justice/fundamental-rights/files/charter-brochure-report_en.pdf. [7] COM(2013) 271- http://ec.europa.eu/justice/fundamental-rights/files/charter_report_2012_en.pdf. [8] See, for instance Case
C-184/99 Grzelczyk. [9] Case C-34/09, Ruiz
Zambrano. [10] Case C-256/11, Dereci and
others. [11] Joined Cases C-356/11 and C
357/11, O, S. [12] See for instance Case C‑369/90 Micheletti and others. [13] Case C-135/08. [14] OJ L 158, p 77. [15] AT, BE, DE, CY, CZ, ES, IT, LT, MT, PL, SE, UK. (http://europa.eu/rapid/press-release_IP-11-981_en.htm?locale=en). [16] CZ, LT (http://europa.eu/rapid/press-release_IP-12-75_en.htm?locale=en),
UK (http://europa.eu/rapid/press-release_IP-12-417_en.htm?locale=en) AT, DE
and SE (http://europa.eu/rapid/press-release_IP-12-646_en.htm?locale=en) and BE
(http://europa.eu/rapid/press-release_MEMO-13-122_en.htm). [17] MT amended its legislation. ES,
IT, PL and SE committed themselves to doing so by spring 2013. [18] See also the Report on the
application of the Charter of Fundamental Rights, COM(2013) 271. [19] http://ec.europa.eu/youreurope/index.htm. [20] http://ec.europa.eu/justice/citizen/files/guide_free_movement_en.pdf. [21] CY, PL and RO adopted new
legislation; CZ, SI and SK announced amendments of their legislation in time
for the 2014 EP elections. EE and LV provided satisfactory explanations, while
BG, HU, LT and MT recently adopted legislation which is under consideration. [22] CZ, ES, GR, LT, LV, PL and SK. [23] Report on the application of
Directive 94/80/EC on the right to vote and to stand as a candidate in
municipal elections by citizens of the Union residing in a Member State of
which they are not nationals, COM(2012) 99. [24] Council Directive 2013/1/EU
amending Directive 93/109/EC as regards certain detailed arrangements for the
exercise of the right to stand as a candidate in elections to the European
Parliament for citizens of the Union residing in a Member State of which they
are not nationals (OJ L 26, p. 28). [25] COM(2011) 149. [26] http://ec.europa.eu/consularprotection. [27] http://europa.eu/rapid/press-release_IP-13-107_en.htm. [28] Cases C-53/08, C-47/08,
C-50/08, C-54/08, C-61/08 and C-51/08. [29] Case C-75/11. [30] SEC(2011) 66/2. [31] COM(2011) 864. [32] COM(2012) 199. [33] COM(2012) 261. [34] SWD(2012) 146. [35] COM(2012) 573. [36] Proposal for a Directive of the European Parliament and
the Council on the comparability of fees related to payment accounts, payment
account switching and access to payment accounts with basic features, COM
(2013)266. [37] 'Evaluation of EU rules on free
movement of EU citizens and their family members and their practical
implementation'. [38] Proposal for a Directive of the European Parliament and
of the Council on measures facilitating the exercise of rights conferred on
workers in the context of freedom of movement for workers, COM(2013) 236.