MOTION FOR A RESOLUTION on respect for the fundamental right of free movement in the EU
13.1.2014 - (2013/2960(RSP))
pursuant to Rule 110(2) of the Rules of Procedure
Sylvie Guillaume, Juan Fernando López Aguilar on behalf of the S&D Group
See also joint motion for a resolution RC-B7-0016/2014
B7‑0027/2014
European Parliament resolution on respect for the fundamental right of free movement in the EU
The European Parliament,
– having regard to regard to Articles 21 and 45 of the Treaty on the Functioning of the European Union (TFEU) and to Article 45 of the Charter of Fundamental Rights of the European Union,
– having regard to Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States[1],
– having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union[2],
– having regard to the Commission communication of 25 November 2013 entitled ‘Free movement of EU citizens and their families: Five actions to make a difference’ (COM(2013)0837),
– having regard to the study published on 14 October 2013 of the impact on the Member States’ social security systems of the entitlements of non-active intra-EU migrants to special non-contributory cash benefits and healthcare granted on the basis of residence,
– having regard to its resolution of 2 April 2009 on the application of Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States[3],
– having regard to its resolution of 29 March 2012 on ‘the EU Citizenship Report 2010: Dismantling the obstacles to EU citizens’ rights’[4],
– having regard to the Commission communication of 13 July 2010 entitled ‘Reaffirming the free movement of workers: rights and major developments’ (COM(2010)0373),
– having regard to Vice-President Reding’s statement to the Justice and Home Affairs Council of 5 December 2013 on free movement,
– having regard to the statements by the Council and the Commission of 1 January 2014 on the end of restrictions on free movement of workers from Bulgaria and Romania,
– having regard to Rule 110(2) of its Rules of Procedure,
A. whereas the right of free movement of citizens is one of the four fundamental freedoms of the EU that are enshrined in the Treaty on the Functioning of the European Union as a cornerstone of European integration directly connected to EU citizenship;
B. whereas free movement is at the core of the EU’s values, giving its citizens the possibility to choose where to live and work and creating mobility and development on the labour market, in the education system and beyond;
C. whereas EU citizens see free movement as the most positive achievement of the EU and as bringing economic benefits to their country’s economy;
D. whereas the fact that not all Member States are part of the Schengen area does not affect the right of all EU citizens to freedom of movement within the Union;
E. whereas the freedom for EU citizens to reside anywhere in the EU applies to all EU citizens without restriction, but is conditional, as per Directive 2004/38/EC, in that after three months the EU citizen concerned has to prove self-sufficiency in order not to burden the host country;
F. whereas the directive on free movement already provides for the restriction that persons have to prove that they have sufficient resources not to become a burden on the welfare system in the Member state concerned;
G. whereas the free movement of workers is a pillar of the success of the EU’s single market; whereas although only 2.8 % of all EU citizens live in a Member State other than their own, they are nonetheless a key element in the success of the internal market and boost Europe’s economy;
H. whereas the free movement of workers comes with both rights and obligations, and cannot be seen as unrestricted;
I. whereas the principle of non-discrimination and equal treatment on the labour market is a core principle that must be fully respected;
J. whereas, while poverty and lack of opportunities may be a reason for people to leave their home countries and seek opportunities within the EU, Member States should focus on reducing poverty throughout the EU; whereas poverty in itself can never be a reason for repatriation or forced return from one Member State to another;
K. whereas transitional arrangements for the free movement of workers from Bulgaria and Romania have been abolished from 1 January 2014;
L. whereas the recent evolution of our societies, notably as a result of industrial change, globalisation, new work patterns, demographic change and the development of means of transport, calls for a higher degree of mobility among workers;
M. whereas in the current economic downturn across the EU, the remittances sent by mobile workers to their home countries can have a net positive effect on the balance of payments of the sending countries;
N. whereas recent Commission studies have shown that mobile workers are net contributors to the economies and budgets of the host countries; whereas mobile workers pay more into host country budgets in taxes and social security than they receive in benefits, while healthcare spending on non-active EU mobile citizens is very small relative to total health spending (0.2 %) or to the economies of the host countries (0.01 % of GDP), and EU citizens account for a very small proportion of the recipients of special non-contributory benefits;
O. whereas companies increase their profits by exploiting cheap labour cross-border, leading to lower wages and worse social conditions for all; and whereas this practice also deprives Member States of tax income and social security contributions;
P. whereas the spread of social dumping, unfair competition and market distortions is leading to increasing nationalism and protectionism;
1. Calls on the Member States to honour their Treaty obligations as regards EU rules on freedom of movement;
2. Calls on Member States to ensure that the principles of equality and the fundamental right of freedom of movement are upheld for all EU citizens;
3. Considers the position taken by some political parties to the effect that migration is a burden on national social welfare systems and that so-called ‘welfare tourism’ is an overriding threat to the Member States’ social systems to be erroneous; stresses that none of the Member States claiming this burden have presented proof to the Commission as requested;
4. Calls on the Commission and the Member States to ensure the strict enforcement of Union law so as to guarantee that all EU workers are treated equally and not discriminated against as regards access to employment, employment and working conditions, remuneration, dismissal, and social and tax benefits, thereby ensuring fair competition among businesses; and urges national authorities to combat any unjustified restrictions on or obstacles to workers’ right of free movement, along with any exploitation of those workers;
5. Encourages the Commission to continue its current efforts to ensure that the Member States transpose and implement Directive 2004/38/EC fully and correctly, making full use of its power to commence infringement proceedings; calls on the Member States to remove existing legal and practical barriers to citizens’ right to free movement and not to introduce cumbersome, unjustified administrative procedures or tolerate unacceptable practices restricting the application of that right;
6. Reiterates its previous calls for the Member States to ensure freedom of movement for all EU citizens and their families, without discrimination on grounds of sexual orientation or nationality; reiterates its call for the Member States to implement fully the rights granted under Articles 2 and 3 of Directive 2004/38/EC, not only to different-sex spouses, but also to registered partners, members of the household of an EU citizen, and partners who are in a duly attested stable relationship with an EU citizen, including members of same-sex couples, on the basis of the principles of mutual recognition, equality, non-discrimination, dignity and respect for private and family life; calls on the Commission, in this connection, to ensure that the directive is strictly applied;
7. Calls on the Member States to use all means to fight poverty-driven migration within the EU by implementing equal opportunities policies, ensuring living wages and decent working conditions and paths for integration in employment and making economic growth more socially inclusive while not undermining the principle of free movement of workers and their family members;
8. Calls on the Member States to fully and transparently use the resources available under European funds such as the European Social Fund and the European Regional Development Fund to promote integration, social inclusion and the fight against poverty, and to support the efforts of local communities to address any increase in the numbers of marginalized citizens, whether nationals or non-nationals;
9. Calls on the Member States to stand firm in defence of workers’ right to free movement, as a fundamental right that should be underpinned by decent social and labour rights and strong enforcement of labour laws;
10. Calls for the revision of the directive on posted workers in order to stop social dumping and guarantee that all workers in the EU enjoy full rights and decent living and working conditions;
11. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.