REPORT on the third Commission report on citizenship of the Union
(COM(2001) 506 – C5‑0656/2001 – 2001/2279(COS))
20 June 2002
Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs
Rapporteur: Carlos Coelho
PROCEDURAL PAGE
By letter of 7 September 2001, the Commission forwarded to Parliament its third report on citizenship of the Union (COM(2001) 506 – 2001/2279(COS)).
At the sitting of 13 December 2001 the President of Parliament announced that she had referred the report to the Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs as the committee responsible and the Committee on Legal Affairs and the Internal Market, the Committee on Culture, Youth, Education, the Media and Sport, the Committee on Constitutional Affairs, the Committee on Women’s Rights and Equal Opportunities and the Committee on Petitions for their opinions (C5‑0656/2001).
The Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs had appointed Carlos Coelho rapporteur at its meeting of 10 October 2001.
At its meeting of 11 June 2002 the committee and decided to include the following motion for a resolution in its report:
- B5-0115/2002, by Marco Cappato and others, on e-democracy and e-European citizenship, which was referred on 29 May 2002 to the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs for as the committee responsible, and to the Committee on Constitutional Affairs and the Committee on Petitions for their opinions.
At its meetings of 22-23 May and 17-18 June 2002, it considered the Commission report and the draft report.
At the last of these meetings it adopted the motion for a resolution by 30 votes to 0, with 3 abstentions.
The following were present for the vote: Ana Palacio Vallelersundi (chairman), Giacomo Santini (vice-chairman), Carlos Coelho (rapporteur), Marco Cappato (for Maurizio Turco), Michael Cashman, Charlotte Cederschiöld, Ozan Ceyhun, Giuseppe Di Lello Finuoli, Evelyne Gebhardt (for Martin Schulz), Pierre Jonckheer, Margot Keßler, Eva Klamt, Alain Krivine (for Ilka Schröder), Jean Lambert (for Alima Boumediene-Thiery), Baroness Sarah Ludford, Manuel Medina Ortega (for Carmen Cerdeira Morterero), Bill Newton Dunn, Arie M. Oostlander (for Gérard M.J. Deprez), Elena Ornella Paciotti, Paolo Pastorelli (for Marcello Dell'Utri), Bernd Posselt, José Ribeiro e Castro, Martine Roure, Heide Rühle, Olle Schmidt (for Lousewies van der Laan), Ole Sorensen (for Francesco Rutelli), Sérgio Sousa Pinto, The Earl of Stockton (for Timothy Kirkhope), Joke Swiebel, Fodé Sylla, Anna Terrón i Cusí, Christian Ulrik von Boetticher and Olga Zrihen Zaari (for Adeline Hazan).
The opinions of the Committee on Constitutional Affairs, the Committee on Women’s Rights and Equal Opportunities and the Committee on Petitions are attached; the Committee on Legal Affairs and the Internal Market and the Committee on Culture, Youth, Education, the Media and Sport decided on 27 November 2001 and 16 October 2001 not to deliver opinions.
The report was tabled on 20 June 2002.
The deadline for tabling amendments will be indicated in the draft agenda for the relevant part-session.
MOTION FOR A RESOLUTION
European Parliament resolution on the Commission report on citizenship of the Union (COM(2001) 506 – C5‑0656/2001 – 2001/2279(COS))
The European Parliament,
– having regard to the Third Commission report (COM(2002) 506 - C5-0656/2001[1],
– having regard in particular to Articles 2, third and fourth indents, 6, 7 and 29 of the EU Treaty and Articles 13, 14, 17 to 22 and 39 of the EC Treaty,
– having regard to the Charter of Fundamental Rights of the European Union,
– having regard to Rule 47(1) of its Rules of Procedure,
– having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Constitutional Affairs, the Committee on Women’s Rights and Equal Opportunities and the Committee on Petitions (A5‑0241/2002),
– whereas the European Council in Tampere decided that 'the legal status of third-country nationals should be approximated to that of Member States' nationals. A person who has resided legally in a Member State for a period of time to be determined and who holds a long-term residence permit, should be granted in that Member State a set of uniform rights which are as near as possible to those enjoyed by EU citizens' (Conclusion 21),
1. Takes the view that the establishment of European citizenship is a response to the need felt by the members of this new community of citizens to have a sense of adhering to a set of common democratic values and being involved in the process of the European Union;
2. Affirms that European citizenship is not a substitute for national citizenship, but, on the contrary, that it supplements and broadens national citizenship through the recognition of a set of rights common to all European citizens;
3. Calls on the Member States to adapt the concept of Union citizenship to the political developments in the Union and to recognise immigrants from third countries, who have a long-term residence permit, as having rights which are as near as possible to those enjoyed by EU citizens;
4. Points out that the Charter of Fundamental Rights has now placed European citizenship at the heart of the EU’s activities;
5. Points out that the Charter of Fundamental Rights, despite its non-binding nature, has already contributed to better safeguarding of fundamental rights by the Court of Justice, by consolidating the values of constitutional tradition shared by the Member States, to which the Treaties refer;
6. Notes, however, that recognition of this citizenship has so far been very slow in coming and that there are still too many obstacles in its way, including those relating to the freedom of movement and residence of persons, even though such rights have been in existence since the signing of the Treaty of Rome;
7. States that the Daphne programme has been created to protect citizens rights of children, adolescents and women; as such it should be further developed as an instrument to strengthen citizenship of the Union;
8. Declares in consequence that the concept of European citizenship must be resolutely implemented in all of its dimensions – political, administrative, judicial, social and economic;
– the political dimension
9. Points out in the light of the Commission report (1996-2001) that the level of participation by EU citizens in European elections in their Member State of residence is far from satisfactory and calls on the Member States concerned to take the necessary steps to ensure that administrative measures to provide information and place citizens on electoral registers are taken as quickly as possible;
10. Is concerned, in more general terms, at the steadily declining rate of participation in European elections, and draws the attention of the Member States and political parties to this phenomenon which could, if it continues, ‘delegitimise’ the election of the European Parliament; calls on the Community institutions and Member States in consequence, with a view to the next European elections in 2004, to take the necessary measures to make voters more aware of the importance of voting; calls also on the Member States, when setting the date for the holding of the next European elections, to ensure that optimum conditions for participation in the vote are provided;
11. Notes that the rate of participation by Community citizens (who number 4.7 million) in local elections between 1996 and 2001 was very low and that this is due in large part to the lack of proper information, which the Member States must make good;
12. Points out that a European citizenship cannot be created solely from above, but that the real engagement and the active participation of the citizens in the European Union must originate from the citizens themselves; therefore the Union must obtain a greater legitimacy in the eyes of the citizens, and must answer better to the needs, interests and values of the citizens; the Union must also function in a spirit of openness and transparency, for example by respecting the regulation on access to documents;
13. Calls on those Member States that have not yet incorporated into their legal systems the internal measures needed to provide diplomatic and consular protection for EU citizens whose state of origin has no representation to do so forthwith;
– the administrative dimension
14. Notes that a very large number of petitions to the European Parliament and complaints to the European Ombudsman are declared inadmissible, which is a sign of ignorance of the exact areas of competence of the EU, and calls in consequence on the Community institutions and Member States to take the necessary measures to remedy this state of affairs;
15. Stresses the major role of the European Ombudsman now that s/he is responsible for ensuring that both the right to proper administration and the right of access to documents are respected;
16. Considers it essential that European citizens should be better informed of the existence of the right to petition the EP and to complain to the European Ombudsman, as well as of the scope of these rights;
17. Stresses that existing legislation on openness and transparency (Regulation (EC) No 1049/2001) is to be put into practice and that citizens are to be afforded clear and easy access to information, preferably via a home page common to the institutions, and adequately informed of their rights as regards access to EU information;
– judicial dimension
18. Stresses that the European Union is currently home to over 375 million people who are no longer merely consumers in a large single market but are also citizens of that Union who have the right to move freely within it and to settle in any part of its territory, for either personal or work-related reasons, and who expect to be able to live in safety, without fear of persecution, violence or discrimination;
19. Takes the view that with the gradual establishment of an Area of Freedom, Security and Justice, European citizens in a broad sense of the term are entitled to demand a high level of protection, which accentuates the need for police and judicial cooperation to be strengthened;
20. Takes the view that the European institutions and the Member States are thus obliged to honour this right by guaranteeing respect for the principles of freedom, equality and solidarity which are integral parts of the Member States' constitutional traditions and which are enshrined in the Charter, since European citizenship must manifest itself in a feeling of genuine membership of a constitutional democracy and adherence to common values as set out in Article 6 of the Treaty on European Union;
21. Draws the Member States’ attention in particular to the importance that should be attached to implementing anti-discrimination directives, to the fight against racism and xenophobia, the resurgence of which is a matter for concern, and to equality between men and women; stresses also that the latter must be encouraged to take a fuller part in public life and must be guaranteed equal rights, which is still far from being the case, particularly in the social area;
22. Stresses the responsibility of the Member States to take all necessary measures, while respecting fundamental rights, to afford citizens protection against terrorism and organised crime, as well as to support and compensate victims;
23. Calls also on the Member States to take all necessary measures to give European citizens effective, equitable access to justice, which in turn presupposes the adoption of minimum standards of criminal procedure, as envisaged by the Commission;
24. Recommends to the Member States represented within the Council, in view of the continued existence of obstacles to the exercise of freedom of movement and residence by European citizens, to adopt without delay, despite the remaining problems, the proposal for a directive of 23 May 2001 which makes essential simplifications by revising the existing texts and, in particular, establishes the right of permanent residence after four years of uninterrupted residence;
25. Also welcomes the fact that this proposal for a directive provides the legal safety needed by Community citizens by strictly limiting the conditions under which a Member State can take expulsion measures and by forbidding all measures of this type directed at citizens who have acquired a permanent right of residence;
26. Stresses that measures to combat crime must be considered with due regard for the Union's commitments on human rights, including at all times the right of due process (i.e. the right to a fair trial);
27. Recalls that, in the case of restrictions on the right of ownership, e.g. the freezing of assets in the fight against terrorism, there must always be a possibility of judicial review and, in certain cases, interim measures;
28. Also welcomes the 5 June 2001 proposal for a directive under which legal immigrants (of whom there are 20 million in the EU) are granted the status of long-term resident and should be able to enjoy similar rights to those of EU citizens stricto sensu, and calls on the Member States to begin their consideration of this proposed directive without delay;
29. Welcomes the judgment of the Court of First Instance of 3 May 2002, which extends the conditions for appeals by individuals against decisions of a general and abstract nature restricting their rights or increasing their obligations, thereby strengthening the Union as a community based on law;
– promoting European citizenship
30. Considers it essential to implement a strategy to promote European citizenship at both the institutional and the legal level, as well as from the educational and information points of view;
31. Calls on the Convention on the Future of Europe, one of whose tasks is to make the objectives and values of the Union more explicit, to agree what binding legal status should be given to the Charter of Fundamental Rights of the European Union, to communitarise the third pillar and to endeavour to ensure that texts in which EU policies are laid down are more accessible to the general public as a whole;
32. Urges the Members of the Convention to improve the direct relationship between the individual citizen and the EU institutions by simplifying procedures and language as well as by granting every individual the right of access to the Court of Justice;
33. Calls on the Member States to remedy the many legislative discrepancies which continue to exist and which represent an obstacle to the full expression of European citizenship in the areas of the status of individuals (conditions for obtaining residence permits, implementation of the right to family reunion), justice (minimal procedural standards) and conditions of movement and residence for migrant workers (social security system, transfer of pension rights);
34. Calls on the Member States and their competent authorities to use educational programmes in order to encourage a better knowledge of Europe, particularly in the form of history and language teaching;
35. Considers it essential to reinforce the still very inadequate exchange programmes for young people, such as SOCRATES and LEONARDO DA VINCI, which contribute to greater mutual understanding, a spirit of tolerance and the emergence of European consciousness;
36. Calls for a Mobility Action Plan (MAP) to be adopted as a matter of urgency, in order to facilitate and increase movement of students, volunteers, teachers and trainers;
37. Stresses the need, in order to fill the current information gap, to reinforce by every means available an EU information and communication policy which would be as targeted and appropriate as possible; considers it essential, in particular, to make available to the public, in all the official languages and free of charge, the EU’s document base and to promote the development of interactive portals;
38. Recognises the remarkable effort that the Commission has made for some time to ensure that citizens of the Union have access to information on their rights, as part of an ongoing dialogue, in particular by implementing the 'Europe Direct' programme;
39. Calls on the Commission, finally, to ensure that its next report on European citizenship covers all the rights pertaining to this concept;
40. Instructs its President to forward this resolution to the Council and Commission.
- [1] OJ C not yet published.
Explanatory statement
Introduction
As Article 17 of the EC Treaty states, ‘citizenship of the Union shall complement and not replace national citizenship’.
European citizenship is a new concept of citizenship, no longer based exclusively on a feeling of belonging to a national community but now also involving one of belonging – for reasons of nationality or simply of residence – to a larger community of states, as well as adherence to the values shared by that community.
European citizenship is a complementary citizenship which recognises a broad and diverse range of rights, but it still has shortcomings as far as the implementation of all its political, administrative, judicial, social and economic components is concerned.
Since its proclamation in December 2000, the Charter of Fundamental Rights has placed the citizen at the centre of the European project.
The third report on European citizenship presented by the Commission paints a picture which can only be described as mixed, since it gives an account of progress and proposals but also, still, of persistent and highly regrettable shortcomings.
I. The political dimension of European citizenship
1. The right to vote and stand in European and local elections
(a) European elections
According to the Commission communication of 18 December 2000, although the rate of participation by EU citizens in their country of residence has risen in all the Member States (except Germany) as compared to 1994, it is nonetheless still very low (9%).
To remedy this situation, the Commission has recommended to the Member States that they reinforce information measures for Community voters resident on their territory and, in particular, make it easier for them to register on electoral lists by means of permanent measures, and not ones that apply in the run-up to elections.
In more general terms, European elections raise the serious problem of the steady decline in voter participation, with the average Community rate having fallen from 63% in 1979 to 49.7% in 1999, even though the European Parliament increased its powers significantly during the period in question.
It is also important that the Member States should set a date for the holding of the elections which does not clash with any national traditions or statutory public holidays, so as to optimise the chances of voter participation.
(b) local elections
According to the Commission’s report on the application of Directive 94/80 for the period 1996-2001, about 4 million people now enjoy the right to vote in local elections (700 000 having already enjoyed it before this as a result of national legislation).
Legally speaking, the directive has been transposed, although two procedures for incorrect transposal have already been opened (France and Greece)[1].
In practice, however, its implementation has been very unsatisfactory, the rate of registration on lists being only 26.7% (GR and P have the lowest registration rate at 9%). Participation was also very low, with the exception of A and IRL, and particularly low in GR and P. In most Member States there was no significant change in participation by resident Community voters in relation to the past.[2]
The Commission attributes this low participation rate to the inadequacy of Member States’ information campaigns directly targeting the citizens concerned.
2. The right to diplomatic and consular protection
According to the Commission report, in practice all the EU Member States have taken the necessary measures to ensure that EU citizens have diplomatic and consular protection in third countries where their state of origin has no representation (assistance in the event of death, accident or serious illness, arrest or detention). It is, however, very regrettable that several Member States have still not incorporated the necessary procedures into their internal legislation.
2. The administrative dimension of European citizenship
1. Right of petition and right of access to the European Ombudsman
(a) Petitions
The number of petitions has continued to rise, going from 958 in 2000 to 1 132 in 2001 (+45% in the first months of 2002). This increase is in itself a sign of the interest of citizens in this procedure, which enables them to make their concerns known to the Community institutions. Unfortunately, the non-admissibility rate of petitions is very high, revealing petitioners’ ignorance of the Union’s areas of competence.
(b) Access to the European Ombudsman
The same comment can be made about the large number and steady volume of complaints to the European Ombudsman (1 874 in 2001 as against 1 732 in 2000) and their low rate of admissibility (313 in 2001).
3. The judicial dimension of European citizenship
The gradual establishment of an area of freedom, security and justice (Article 2 of the EU Treaty) lends a new judicial dimension to European citizenship, giving practical form to citizens’ membership in a constitutional democracy and adherence to a community of values as defined in Article 6 of the TEU. This new judicial dimension incorporates three aspects: respect for fundamental freedoms, the guarantee of security and access to effective, equitable justice.
- respect for fundamental rights
European citizens in the broad sense, i.e. including legal residents, must, under Article 6 of the EU Treaty and, a fortiori, when the Charter of the European Union acquires binding force, be guaranteed the right to exercise fundamental freedoms and to expect equal treatment – i.e. non-discrimination – and solidarity.
The Commission report rightly mentions the anti-discrimination directives adopted in 2000, which the Member States are required to implement by 2003, of course covering the fight against racism and xenophobia, a subject of concern in European society.
More generally, the EP ensures that fundamental rights are respected in the European Union by careful monitoring and through its annual reports, which are now structured around the range of rights set out in the Charter (respect for human dignity, minority rights and sexual equality, to name only a few examples).
- the guarantee of security
The fight against terrorism, as well as the fight against organised crime (trafficking in human beings, drugs trafficking, arms dealing, money laundering), urgently require action at European level. This has taken on a new momentum since the events of 11 September (European arrest warrant). The EP has been closely involved in this campaign, which has to combine maximum effectiveness with respect for fundamental rights.
- access to justice
Finally, European citizens must have access – and this is a sine qua non of belonging to a constitutional democracy – to an effective justice system.
This presupposes that minimum procedural standards are applicable in the EU, a pre‑condition for mutual recognition of judgments.
The same goes for improving access to justice in cross-border cases and, more generally, for judicial cooperation as regards access to children of divorced parents and international adoption of children.
Finally, when the Charter becomes binding, the question will arise of extending citizens’ right of appeal to the Court of Justice of the European Communities.
4. The social and economic dimension of European citizenship
1. Freedom of movement and residence of Community citizens (Article 18 of the EC Treaty)
In its resolution of 6 September 2000 on the implementation of directives 90/64 on movement and residence of citizens of the Union, the EP greatly deplored the obstacles that stand in the way of the right to move and reside freely throughout the territory of the Union.[3] The obstacles still exist. But fortunately the Commission has recently presented proposals in response to this situation.
(a) Directive of 23 May 2001 on freedom of movement and residence
- significantly more flexible conditions of movement and residence
This proposal consists in a complete revision of the existing texts (2 regulations and 9 directives) on this subject. The objective is to give EU citizens rights of movement and residence under conditions similar to those applied to citizens of Member States in their own country.
A particularly innovative provision of the directive is the arrangement whereby a permanent right of residence is granted, without any particular conditions, to European citizens and their families after four years of uninterrupted residence.
- increased legal protection
Community citizens’ dependants enjoy increased legal protection in the event of marriage breakdown or the death of the EU citizen in question.
The proposal also defines much more precisely than was formerly the case the conditions in which limitations can be placed on the right of entry or residence. Member States can no longer invoke reasons of public safety or health without a concrete reason (consideration of the person’s degree of integration and possibility of appeal), in line with Court of Justice case law.
Article 26(2) even forbids ‘expulsion [of] Union citizens and family members with permanent residence status and for family members who are minors’.
(b) mobility for purposes of education, training and research
Three instruments have been adopted to address the obstacles encountered by students:
- a recommendation of 25 June 2001 on mobility within the Community for students, persons undergoing training, volunteers, teachers and trainers
- the action plan for mobility of 14 December 2000, including in particular exchanges of information about opportunities for transnational mobility
- a strategy for mobility within the European Research Area adopted on 20 June 2001.
2. The status of third-country nationals
On 5 June 2001 the Commission presented a proposal for a directive on the status of third‑country nationals who are long-term residents. This important proposal, on which the EP has delivered an opinion, is a response to one of the undertakings made at the Tampere Summit. The aim of this undertaking was to give the status of long-term EU residents to immigrants and refugees who had legally resided in the EU for at least five years and had proved their economic integration by earning an adequate income. The number of people residing legally in the EU who have not adopted, or have not been authorised to adopt, the nationality of their Member State of residence is estimated at more than 20 million. When the directive is adopted in the Council such people will have rights similar to those enjoyed by EU citizens in areas such as employment, education and social protection.
5. Promoting European citizenship
As the Commission points out, the current low level of awareness of European citizenship is a result of a lack of information. This is only one aspect of the more general question of the responsibility of the Member States and European institutions as regards real recognition of this citizenship in all its aspects. This calls for much more extensive action than simply providing information.
(a) From the legal point of view
- From the institutional point of view, one of the major tasks of the Convention on the Future of Europe will be to put forward proposals aimed at making explicit the objectives and values pursued by the Union and the means of revitalising its democratic legitimacy. European citizenship is at the heart of these debates, which should, among other things, confirm the need to give binding value to the Charter and to communitise the third pillar.
- From the legislative point of view the measures adopted or proposed with regard, for example, to the fight against discrimination, free movement of persons, the status of third‑country nationals or minimum standards of criminal procedure require the Member States to surmount the great legislative discrepancies that still exist or, to put it another way, to tackle the major legislative task lying ahead of them.
(b) From the point of view of education and information
European education policy must make a major contribution to reinforcing European citizenship, which is inextricably linked to a sense of identity, imparted inter alia by history and language teaching.
Finally, the Member States and the European institutions, as well as the media, must cooperate to make good the shortfall in information on the activities of the Union, so that citizens will gain a clearer perception of European policies and of the challenges and competencies of the European Union.
Conclusion
European citizenship, which lies at the heart of Europe’s activities, represents one of the challenges for the years to come, particularly in the context of enlargement. The European Union will only succeed in meeting that challenge as a result of a determined effort to break down existing barriers. Its legitimacy and its credibility are at stake.
Motion for a European Parliament resolution on e-democracy and e-European citizenship, tabled by Marco Cappato and others pursuant to Rule 48 of the Rules of Procedure
The European Parliament,
A. having regard to the articles of the Treaties on openness and transparency, and the provisions on the right of access to documents and the openness of the EU institutions' meetings,
B. whereas e-democracy, i.e. the application of digital technology (e.g. Internet) to the democratic process - can encourage European citizens to play their part and exercise their political and civil rights,
1. Affirms that European citizenship should imply a 'right of access' to all documents and all public meetings via the Internet;
2. Calls for the Treaties to be amended so that:
- -the proceedings of all public meetings of the EU institutions and their bodies are broadcast live (audio-video) and archived on the Internet;
- -every citizen can fully exercise his rights of European citizenship (e.g. as regards voting in European Parliament elections, submitting complaints to the European Ombudsman or the Court of Justice, or petitions to the European Parliament) through the Internet by means of identification systems which comply with Community law;
- -the EU institutions and the Member States are urged to promote electronic voting, and in particular voting arrangements using 'e-voting monitored polling stations' for the 2004 European elections.
- [1] Defective transposal was noted in Greece (knowledge of the language) and in certain German Länder (failure to take account of periods of residence in other Member States), but these problems have, for the most part, been resolved.
- [2] All Member States except DK and F responded to the Commission’s questionnaire.
- [3] Boumediène-Thiery report, A5-0207/2000
OPINION OF THE COMMITTEE ON CONSTITUTIONAL AFFAIRS
24 January 2002
for the Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs
on the third report from the Commission on citizenship of the Union
(COM(2001) 506 – C5-0656/2001 - 2001/2279(COS)))
Draftsman: Olivier Duhamel
PROCEDURE
The Committee on Constitutional Affairs appointed Olivier Duhamel draftsman at its meeting of 10 October 2001.
It considered the draft opinion at its meetings of 27 November and 19 December 2001 and 22 January 2002
At the last meeting it adopted the following conclusions by 23 votes to 3.
The following were present for the vote: Giorgio Napolitano, chairman; Jo Leinen and Ursula Schleicher, vice-chairmen; Olivier Duhamel, draftsman; Teresa Almeida Garrett, Margrietus J. van den Berg (for Jean-Maurice Dehousse), Georges Berthu, Jens-Peter Bonde, Jean-Louis Bourlanges (for François Bayrou), Carlos Carnero González, Richard Corbett, Giorgos Dimitrakopoulos, Lone Dybkjær, José María Gil-Robles Gil-Delgado, The Lord Inglewood, Sylvia-Yvonne Kaufmann, Alain Lamassoure (for Daniel J. Hannan), Hanja Maij-Weggen, Cecilia Malmström (for Andrew Nicholas Duff), Luís Marinho, Iñigo Méndez de Vigo, Camilo Nogueira Román (for Monica Frassoni), Gérard Onesta, Jacques F. Poos (for Hans-Peter Martin), Reinhard Rack (for Luigi Ciriaco De Mita) and Johannes Voggenhuber.
SHORT JUSTIFICATION
INTRODUCTION
1. The Committee on Constitutional Affairs has been asked to deliver an opinion for the Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs (rapporteur: Mr COELHO) in connection with the consultation of Parliament on the third report from the Commission on citizenship of the Union (COM(2001) 506 final – C5-0656/01).
2. The committee responsible is focusing on citizenship in the narrow sense and on the Treaty articles dealing with citizenship. They are important, but the establishment and development of a genuine feeling of European citizenship is a much more demanding objective. That is why we are urging that new measures should be taken during this crucial period for the Union.
3. Given that, firstly, opinions are considered very cursorily, and, secondly, that Europe above all needs straightforward documents and explanations, that is as far as the justification will go. We hope that close attention will be paid to the conclusions.
CONCLUSIONS
The Committee on Constitutional Affairs calls on the Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs, as the committee responsible, to incorporate the following points in its motion for a resolution:
I –As regards the future of the Union
1. Welcomes the proclamation in Nice of the Charter of Fundamental Rights of the European Union, but reiterates the call it has made many times for this text of fundamental importance for European citizenship to be incorporated into the future Constitution of the Union as the preamble;
2. States its view that the European identity will be considerably strengthened by the existence of a European Constitution prepared by the Convention whose creation was obtained by the European Parliament at the Laeken European Council;
3. Urges the Members of the Convention to improve the direct relationship between the individual citizen and the EU institutions by simplifying procedures and language as well as by granting every individual the right of access to the Court of Justice;
II- As regards the existing texts
4. Welcomes the measures taken by the Commission, under the dynamic impetus given by the Commissioner with responsibility for home affairs, in the sphere of the right of residence, and in particular the new legislative instrument, which offers the major advantages of grouping together the preceding texts and laying down the new rule stipulating that, after four years, the right of residence in the European Union can be extended with no formalities required; hopes that it will enter into force before the 2004 European elections;
5. Calls on the Commission, the Member States and the applicant countries to foster greater willingness on the part of Community and non-Community nationals to stand and vote in local and European elections;
6. Reiterates its deep commitment to the adoption by 2004 of a uniform electoral procedure with a genuine European dimension, such as transnational European lists, and which stipulates that in all Member States the mandate of Member of the European Parliament is incompatible with any other parliamentary office;
7. Calls on the Commission and the Member States to strengthen the European Identity by providing members of the public with better information regarding the scope for exercising:
- their right to vote and stand in European Parliament elections
- their rights to diplomatic and consular protection
- their right of petition and to submit complaints to the European Ombudsman;
8. Points out that a European citizenship cannot be created solely from above, but that the real engagement and the active participation of the citizens in the European Union must originate from the citizens themselves; therefore the Union must obtain a greater legitimacy in the eyes of the citizens, and must answer better to the needs, interests and values of the citizens; the Union must also function in a spirit of openness and transparency, for example by respecting the regulation on access to documents;
III- As regards the involvement of European citizens
9. Calls on the Commission and the Member States to pool their efforts and imaginations with a view to informing all the citizens of the Union and the applicant countries about the political, social, economic and cultural added value offered by 'the enlargement', i.e. the democratic unification of Europe;
10. Calls on the Commission and the Member States to work closely together with a view to implementing and funding measures of an identifiably European nature which have a bearing on the daily lives of the Union's inhabitants:
- in the sphere of culture, by strengthening mutual understanding and respect, by establishing and funding trans-national programmes, such as a European cinema channel or a 'European day of tolerance',
- in the sphere of education and vocational training, by introducing European modules or by means of measures as simple to implement as the presence in all classrooms of a map of the Union,
- in the sphere of symbols and feelings, for example by declaring 9 May a national holiday across the Union;
- in the sphere of communication between Europeans, for example by means of the compulsory teaching throughout the Union of two European languages from primary school onwards,
- in the sphere of exchanges between Europeans, by enabling all students to study for at least one term in another Union Member State,
- in the public and private employment sphere, by strengthening mobility programmes for citizens of EU countries and enabling civil servants to spend training periods in the European administration,
- with a view to fostering democracy, for example by supporting more frequent, large-scale national and transnational debates on the Union and by introducing a statute for European associations to provide encouragement for all the active members of society who can play a part in such exchanges; for the promotion of democracy and dialogue, especially projects whose aim is to create a European debate arena, budget lines should be developed, the lack of which today is one of the obstacles to the development of European citizenship;
11. Calls, finally, for a review of Union information policy which draws on the thinking behind the work on 'the cost of non-Europe' carried out in the 1980s with a view to explaining to the public in simple terms the rights and duties conferred on them by European citizenship and clearly outlining to them the low cost (less than EUR 0.7 per inhabitant per day) and the individual benefits of European integration;
12. Calls on the Commission to submit and distribute widely a document listing the positive steps taken by the Union Member States to foster European integration and European citizenship in their countries.
OPINION
11 March 2002
of the Committee on Women's Rights and Equal Opportunities
for the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs
on citizenship of the Union - 3rd report
(COM(2001) 506 – C5-0656/2001- 2001/2279 (COS) )
Draftsperson: Helena Torres Marques
PROCEDURE
The Committee on Women's Rights and Equal Opportunities appointed Helena Torres Marques draftsperson at its meeting of 21 November 2001.
The committee considered the draft opinion at its meeting of 26 February 2002.
At the latter meeting it adopted the following conclusions by 13 votes to 2, with 1 abstention.
The following were present for the vote: Anna Karamanou, chairperson; Marianne Eriksson, vice-chairperson; Helena Torres Marques, rapporteur; María Antonia Avilés Perea, Regina Bastos, Lone Dybkjær, Lissy Gröner, Maria Martens, Amalia Sartori, Miet Smet, Patsy Sörensen, Joke Swiebel, Feleknas Uca, Marie-Hélène Gillig (for Christa Prets), Anne E.M. Van Lancker (for Olga Zrihen Zaari) and Ilda Figueiredo (for Geneviève Fraisse).
SHORT JUSTIFICATION
The treaty on EU, signed in Maastricht on 7 February 1992, came into force on 1 November 1993. In this treaty for the first time a concept of Citizenship of the Union with precisely defined rights and duties was incorporated. Nevertheless at the time no specific guarantees of fundamental rights were associated with citizenship of the Union. The Treaty of Amsterdam inserted in the EC Treaty the principles of equality between men and women and non-discrimination (Article 13).
The proclamation of the Charter on European Fundamental Rights in December 2000 can be considered as a restatement of a process of ongoing development towards European Citizenship.
This Third Report on Citizenship of the Union has been drawn up according to the obligations set in art. 22 of the treaty and covers the years 1997, 1998 and 1999. The report focuses on the application of the provisions of the second part of the EC Treaty entitled "Citizenship of the Union" (Freedom of movement and the right of residence, Consular and diplomatic protection, Voting rights), however it includes advances in areas closely related to citizenship in the wider sense, such as the protection of fundamental rights, including measures to combat all forms of illegal discrimination. The report deals also with two important developments:
- The proposal for a Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States: Its principal aim is to replace the various pieces of legislation existing in this area by a single legislative instrument organised around the concept of citizenship.
- The Charter of Fundamental Rights of the European Union: The Charter was proclaimed by the three institutions in December 2000 in Nice, as the document that lays down the basis for a European Union founded on common values and constitutional traditions common to the Member-States. It was not incorporated into the Treaties; (therefore its force and legal status will have to be considered.) Parliament is in favour of incorporating the Charter in the treaty. Whether integrated or not, the approval of the Charter provides “a substantive point of reference for all those involved - Member States, institutions, natural and legal persons – in the Community context” (Opinion of Advocate General Tizzano in Case C-173/99, par. 28).
The Committee on women's rights and equal opportunities did not submit an opinion on the first two reports from the Commission on Citizenship of the Union. From what is in this third report there is reason to believe that this omission needs firm redress, because the gender dimension is completely absent in this third report on Citizenship of the union.
In the context of the protection of fundamental rights in general and combating discrimination in particular, the Commission refers in its report to the Daphne Programme (This supplements the Commission's legislative activities with financial support for public and private organisations in the Union working on the ground to tackle physical and psychological violence and abuse (including sexual violence)). However, an overall approach of women's rights issues and a gender related issues are not taken into consideration. No notion what so ever is taken of equal opportunities and mainstreaming; principles laid down in the treaty in art. 2 and 3.2.
The Commission in its report does not give any gender specific data or indicators. As a consequence a gender impact assessment of the development Citizenship of the Union throughout the years is simply not possible.
Citizenship of the Union can only have an appeal on both men and women by increasing political participation and strengthening the protection of rights of both sexes. Therefore information campaigns focused on women are necessary. Political parties in the member states should furthermore be encouraged to have a fair representation of women on their electoral lists for local and European elections in order to come to a real gender mainstreamed Citizenship of the Union. In its next review the Commission should provide gender specific statistical information, as now already is available on non-nationals taking part in municipal elections.
In relation to rights of residence in the European Union specific problems women tend to have, should be taken into consideration. One of the aims of the Commission proposal on this issue is to make it easier for family members to exercise the right of free movement and residence. It even proposes rights for third country nationals on the occasion of dissolution of marriage under certain circumstances. Nevertheless, for residence of over six months citizens still need a declaration proving economic independence. This can in particular have negative effects on women who often they still have a (economically) dependent and therefore unstable status due to lack of individual rights.
A clear constitutional basis for the Charter would enhance the legitimacy and relevance of the European institutions for European citizens. It could serve as a robust legal framework defending fundamental rights of both women and men in the European Union. The Charter already contains clear provisions on non-discrimination and equality (articles 20-26). However, a reference to gender mainstreaming has not been incorporated yet.
CONCLUSIONS
The Committee on Women's Rights and Equal Opportunities calls on the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs, as the committee responsible, to incorporate the following points in its motion for a resolution:
1. Recalls that Union citizenship is an important step towards democratising the Union which adds new rights and new obligations to all citizens of the Union and provides a framework for involving both women and men in the process of European integration;
2. Recalls that the principal of mainstreaming implies the introduction of an equal opportunities dimension into all policies and actions of the EU in order to be able to assess progress on gender related issues;
3. Regrets that the Commission in its Third report on Citizenship of the Union fails to integrate the gender dimension and fails in particular to develop gender-sensitive and gender-specific guidelines and indicators and use sex-specific data at all levels;
4. Demands that in its next review the Commission provides an adequate analysis based inter alia on comparable statistics that enables a gender impact assessment on voting and standing as a candidate in elections on regional, national and European level;
5. Welcomes the action Plan for Mobility that will enhance mobility for students, volunteers, teachers and trainers and hopes that the principle of gender mainstreaming will be applied in order to get a clear gender impact assessment in the Commission's next review on citizenship of the Union;
6. States that the Daphne programme has been created to protect citizens rights of children, adolescents and women; as such it should be further developed as an instrument to strengthen citizenship of the Union;
7. Welcomes the Commission's proposal in its report for a directive recasting the different legislative instruments on movement and residence of Union citizens, which is in particular important for women and the problems they face in the framework of European integration;
8. Welcomes the Charter on fundamental rights, signed and proclaimed on 7 December 2000 in Nice; based on the principles of human dignity and equality of women and men, the Charter will serve as a framework defending the fundamental rights of women and men in the Union;
9. Points out that the Charter of fundamental rights already serves as a substantive point of reference for the Court of Justice of the European Communities in its decisions and underlines that it should be integrated in full in the next revision of the Treaties;
10. Points out the importance of ensuring that citizens see Union citizenship as an extra guarantee that they belong to a community based on respect for human rights and which grants its members equal civil, political and social rights; and accordingly insists on action to promote the information campaigns required, in particular for women;
11. Calls on the members of the convention set up by the Laeken European Council to take the gender dimension into account when drawing up its proposals and ensure the balanced representation of women and men in the EU's institutional bodies;
12. Recalls that the strengthening of Union citizenship will be brought about through the complete equality of men and women in all areas of economic, political and social life, unhindered access for European citizens to Community documents, easier access to legal assistance and the courts, including the European Court of Justice, an enhanced role for the European Ombudsman and transparent Community decision-making procedures;
13. Calls on political parties to accept more women and non-nationals of the Member State concerned as party members and include them together with their candidates in elections to the European Parliament and in municipal elections on the same terms as their nationals, and to encourage them to take part in political life in their country of residence, in order to achieve a real gender neutral and transnational Citizenship of the Union.
OPINION OF THE COMMITTEE ON PETITIONS
29 November 2001
for the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs
on the third report from the Commission on Citizenship of the Union
(COM(2001) 506) - C5-0656/2001 - 2001/2279(COS))
Draftsman: Vitaliano Gemelli
PROCEDURE
The Committee on Petitions appointed Vitaliano Gemelli draftsman at its meeting of 11 October 2001.
It considered the draft opinion at its meeting of 26/27 November 2001.
At the latter meeting it adopted the following conclusions unanimously.
The following were present for the vote: Vitaliano Gemelli, chairman and draftsman, Roy Perry and Proinsias De Rossa, vice-chairmen, Felipe Camisón Asensio, Laura González Álvarez, Jean Lambert, Ioannis Marinos and Jens Dyhr Okking (for Véronique Mathieu).
SHORT JUSTIFICATION
This is the Commission's third report to the European Parliament on citizenship of the Union under Article 22 of the EC Treaty. The report covers three years – 1997, 1998 and 1999 - and goes beyond the scope of the specific rights listed in the second part of the EC Treaty to deal with matters that have a direct link with citizenship, such as the protection of fundamental rights in the Union.
Citizenship is the subject of a growing number of petitions, which provide a picture of the barriers that nationals of the Member States still face in taking full advantage of Union citizenship. The Committee on Petitions takes a close interest in this matter.
This report is well drafted and draws attention to important areas where there is room for improvement, for instance ensuring that citizens are better informed.
CONCLUSIONS
The Committee on Petitions calls on the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs, as the committee responsible, to take account of the following points:
1. Welcomes the fact that the Commission's third report on citizenship of the Union takes account of two significant developments in this area: the Charter of Fundamental Rights, and the adoption by the Commission of the proposal for a Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (revision of the right of residence);
2. Recognises the remarkable effort that the Commission has made for some time to ensure that citizens of the Union have access to information on their rights, as part of an ongoing dialogue, in particular by implementing the 'Europe Direct' programme;
3. Notes, however, in the light of the large number of petitions declared inadmissible, that this information programme must be stepped up to make sure that the public understands Community law and the areas of the Community's activities;
4. Considers that the job of informing the public must be carried out in close cooperation with the Member States;
5. Maintains that, despite the advances made, citizenship will always remain an unfinished project which must continually be ameliorated and strengthened; this entails improving the relevant legal instruments on access, such as the right to petition the European Parliament;
6. Points out that the Committee on Petitions has had the opportunity to consider the improvements to be made to the right to petition on several occasions, for example, in its resolution on the petition at the dawn of the 21st century, adopted on 15 May 2001, and that it is drafting a motion for a resolution on the strengthening of citizens' right of petition and revision of the Treaty.