Union citizenship and freedom of movement: MEPs slam Member States

Practical application of the right to free of movement and residence of citizens and members of their families on the territory of the Member States is disappointing, say members of the Civil Liberties Committee in an own-initiative report by Adina-Ioana Vălean (ALDE, RO) adopted on Monday.  In fact, no Member State has enacted the whole directive in its national law properly. 

 

Major infringements of fundamental rights have therefore been identified, including some relating to the right of entry and residence for family members from non-EU countries and the obligation for EU citizens, when applying for a residence permit, to submit additional documents such as work permits or satisfactory proof of accommodation, something not required under the directive.

 

MEPs therefore call on the Commission to take action against Member States whose national laws are incompatible with the directive. National administrative practices very often constitute serious obstacles to the exercise of their rights by citizens, says the committee.

 

The report points out that the Commission has received over 1,800 complaints, 40 parliamentary questions and 33 petitions on these matters. Five infringement proceedings have been launched. MEPs believe the situation shows the Commission's inability to ensure that Member States comply with the directive in consistent and timely fashion and to manage the sizeable number of complaints lodged by the public regarding the implementation of the directive.

 

 

In particular, some Member States place vague interpretations on the idea of "sufficient resources" (the condition for a stay of over three months), say MEPs. The concepts of "family member" and "partner", in particular with regard to same-sex partners, are also misinterpreted.  On these points, MEPs urge Member States to recognise not only spouses of different sexes but also same-sex couples, on the basis of mutual recognition.  They point out to Member States that the recognition of free movement for same-sex couples does not necessarily entail recognition of same-sex marriage.

 

MEPs also call on Member States not to introduce legislation that imposes disproportionate or discriminatory sanctions on Union citizens, such as providing that it is an aggravating circumstance in relation to a criminal offence committed by a Union citizen if that citizen had been illegally staying in another Member State. 

 

The committee draws attention to some particular problems, for example in Belgium, where a delegation from the Committee on Civil Liberties found Union citizens being detained in detention centres for illegal immigrants.

 

 

MEPs also call for the scrapping, or at least a review, of the "discrimination" entailed by the transitional arrangements restricting free movement of nationals of Member States that joined the EU on 1 May 2004 and on 1 January 2007. They point out that four Member States of the EU-15 have not opened their labour markets to Member States of the EU-8, and that eleven Member States have decided to keep restrictions on their labour markets against Romanian and Bulgarian nationals.

 

 

Another report, drafted by Urszula Gacek (EPP-ED, PL) and also adopted on Monday by the Civil Liberties Committee, highlights the problems and the future prospects of Union citizenship.  MEPs point out that enlargement has led to a considerable rise in the number of EU citizens resident outside their Member State of origin but that very few are aware of their rights.  The committee is disappointed at the low number of EU citizens resident in a Member State other than their own who make use of their right to vote in European or local elections.

 

Another key right of European citizenship, that of protection by the diplomatic authorities of any Member States when outside the EU, must be beefed up, say MEPs. The Union should also take steps to protect its citizens in non-EU countries, notably by seeking to prevent EU citizens from being subjected to the death penalty.

 

Lastly, the Civil Liberties Committee calls on the Commission to continue negotiating for visa-free travel to non-EU countries for all Member States.  It criticises the "injustice" whereby citizens of some Member States must apply for visas whereas others do not, notably in connection with US "visa waiver program" which is not yet available to citizens of all EU Member States.