On the implementation of the Treaty provisions on EU citizenship

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SUGGESTIONS

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Constitutional Affairs, as the committee responsible, to incorporate the following suggestions into its motion for a resolution:

1. Notes that around 50 million people belong to a national or linguistic minority in the EU; notes that the Commission has taken no legislative steps in response to the European Citizen’s Initiative ‘Minority SafePack – one million signatures for diversity in Europe’, despite the fact that it was supported by a large majority of MEPs;

2. Notes that the right to freedom of movement and its exercise is central to EU citizenship; notes that the creation of the Schengen area is one of the greatest achievements of the European integration process and greatly enhances the freedom of movement within the EU; notes that, in its conclusions of 9 June 2011, the Council confirmed the successful conclusion of the evaluation process and the technical readiness of Bulgaria and Romania to accede to the Schengen area;

3. Recalls that EU citizenship, according to the EU Treaties, is closely linked to and dependent on nationality from a Member State, the granting of which is an exclusive competence of every Member State; points out that there is no other way to obtain EU citizenship than by obtaining the nationality of a Member State;

4. Considers that EU citizenship comprises the shared and common European democratic identity and the specific rights, duties and freedoms attached to it, and that the exercise of those rights strengthens citizens’ link with the EU;

5. Recalls that Article 20 of the Treaty on the Functioning of the European Union (TFEU) defines Union citizenship as being based on citizenship from a Member State; underlines the importance of continuing to apply this system, even after future possible Treaty revisions;

6. Calls for the EU to promote the adoption of a European Charter on Digital Rights, including digital citizenship rights, building on the European Declaration on Digital Rights and Principles for the Digital Decade;

7. Calls on the Commission to adopt a new communication clarifying certain key concepts contained in Directive 2004/38/EC on the right of EU citizens and their families to move and reside freely within the EU in order to provide the Member States with up-to-date guidelines that could contribute to improving the directive’s implementation at national level, thus benefiting EU citizens and their family members;

8. Calls on the Commission to present, without further delay, a proposal to update and improve the Consular Protection Directive, including by giving EU delegations a more active role in assisting unrepresented EU citizens residing or travelling outside the EU;

9. Calls on the Council and the European Council to take necessary action to ensure that countries that fulfil the technical criteria to become members of the Schengen area are permitted to join, thereby allowing all EU citizens to enjoy freedom of movement and enhancing their sense of European identity;

10. Calls on the Commission to actively seek reciprocal visa agreements with non-EU countries and concerned Member States to ensure equal treatment and uphold the principle of visa reciprocity, promoting the mobility and rights of all EU citizens;

11. Calls on the Member States to inform mobile EU citizens, at the moment of registration in their Member State of residence, about their electoral rights and the electoral procedures regarding European and municipal elections, and to offer them the option to immediately register as a voter;

12. Urges the Council to swiftly adopt the revisions of the Council Directive on the electoral rights of mobile Union citizens in European Parliament elections and of the Council Directive on the electoral rights of mobile Union citizens in municipal elections, in line with the position approved by Parliament;

13. Emphasises that the EU institutions should encourage more awareness, knowledge and understanding of the rights and freedoms deriving from their EU citizenship and highlights that there are still substantial shortcomings in the practical application of EU citizenship; considers that in order to better realise the potential of EU citizenship, the EU should take steps to guarantee the protection of the founding values of the EU; recalls that the protection of minorities, including national and linguistic, is a fundamental value of, and at the same time a major task for, the European Union;

14. Calls on the Member States to maximise the participation of all their citizens, including socially vulnerable groups, by strengthening their electoral rights through awareness-raising campaigns, encouraging their participation in public debates and implementing appropriate arrangements tailored to their national voting procedures to facilitate voting by persons who are members of marginalised, minority or vulnerable groups and face difficulties in voting, for instance by giving the option to choose polling stations and use assistive technologies, formats and techniques; calls on the Member States, furthermore, to allow for persons with disabilities, at their request, to receive assistance in voting from a person of their choice and to endeavour to provide an option for postal voting, and possibly further facilitate physical voting, proxy voting and electronic and online voting;

15. Calls on the Member States to adopt measures to keep their electoral processes free from extremism, the spread of disinformation and foreign interference;

16. Recalls that the right to participate in democratic life and the obligation to ensure that decisions are taken as openly and as close to citizens as possible are protected under Article 10 of the Treaty on European Union; calls for the EU institutions and the Member States to ensure sufficient time for public consultation and transparency and to publish public documents in a proactive manner;

17. Urges the Council and the Commission to resume negotiations on the revision of Regulation (EC) No 1049/2001 with the aim of ensuring that EU citizens are able to fully exercise their right to access documents and scrutinise the EU institutions, bodies, offices and agencies;

18. Calls on the Member States to fully phase out citizenship-by-investment schemes and any other similar national schemes or programmes that lead to the acquisition of their citizenship and involve the direct or indirect sale of EU citizenship, as these are objectionable from an ethical, legal and economic point of view, are inherently incompatible with the principle of sincere cooperation, undermine the very concept of EU citizenship and violate EU principles and values; recalls that these schemes pose several serious security risks for Union citizens, such as those stemming from money-laundering and corruption; considers that the lack of common standards governing schemes granting residence on the basis of a financial investment may also pose security risks and contribute to undermining the integrity of the Union;

19. Denounces the fact that discrimination on a range of grounds persists across the EU; recalls that Article 21 of the EU Charter of Fundamental Rights prohibits discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; reiterates the need to combat discrimination against persons belonging to vulnerable groups and minorities, and reiterates its call for a comprehensive EU protection system incorporating existing international law instruments and following proven best practices in the EU;

20. Calls for an EU citizenship statute to be drawn up, on the basis of Article 25 TFEU, that compiles and updates existing citizenship rights and establishes new ones; recalls that both the drafting of the EU citizenship statute and the updating of these new rights should be carried out under the Treaties;

21. Calls for a horizontal non-discrimination clause to be included in the EU citizenship statute, as an additional safeguard of equality in the exercise of citizenship rights, with a view to ensuring a uniform level of protection within the Union, on the basis of Article 19 TFEU, for people belonging to vulnerable and marginalised groups;

22. Calls on the Commission to take into account these proposals in the upcoming 2023 EU citizenship report and to take the necessary steps to implement them following the procedure provided for in Article 25 TFEU.

INFORMATION ON ADOPTION IN COMMITTEE ASKED FOR OPINION

Date adopted

28.11.2023

Result of final vote

+:

–:

0:

48

9

5

Members present for the final vote

Abir Al-Sahlani, Malik Azmani, Pietro Bartolo, Theresa Bielowski, Vladimír Bilčík, Malin Björk, Vasile Blaga, Karolin Braunsberger-Reinhold, Patrick Breyer, Saskia Bricmont, Annika Bruna, Damien Carême, Clare Daly, Lena Düpont, Lucia Ďuriš Nicholsonová, Cornelia Ernst, Nicolaus Fest, Evin Incir, Sophia in ‘t Veld, Patryk Jaki, Marina Kaljurand, Assita Kanko, Fabienne Keller, Łukasz Kohut, Moritz Körner, Jeroen Lenaers, Juan Fernando López Aguilar, Nadine Morano, Javier Moreno Sánchez, Maite Pagazaurtundúa, Pina Picierno, Birgit Sippel, Tineke Strik, Annalisa Tardino, Yana Toom, Milan Uhrík, Tom Vandendriessche, Elena Yoncheva, Javier Zarzalejos

Substitutes present for the final vote

Daniel Freund, José Gusmão, Rasa Juknevičienė, Beata Kempa, Matjaž Nemec, Janina Ochojska, Jan-Christoph Oetjen, Kostas Papadakis, Silvia Sardone, Paul Tang, Petar Vitanov, Axel Voss, Tomáš Zdechovský

Substitutes under Rule 209(7) present for the final vote

Mathilde Androuët, Margrete Auken, Traian Băsescu, Tom Berendsen, Jarosław Duda, Rosa Estaràs Ferragut, Pär Holmgren, Andrey Kovatchev, Antonius Manders, Riho Terras

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:

Entity and/or person

The rapporteur declares that she did not receive any input from entities or persons.

The list above is drawn up under the exclusive responsibility of the rapporteur.

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

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