On the implementation of the Treaty provisions on EU citizenship
LIBE-AD-753701
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Beata Kempa
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The Committee on Civil Liberties, Justice and Home Affairs gives the Committee on Constitutional Affairs suggestions for its motion for a resolution on implementing the Treaty provisions on EU citizenship.¶ It asks the Commission to clarify Directive 2004/38/EC, update the Consular Protection Directive, seek visa reciprocity agreements and act on the Minority SafePack initiative.¶¶¶ It calls on Member States to inform mobile citizens of their electoral rights, make voting easier for vulnerable groups, keep elections free from disinformation and end citizenship-by-investment schemes.¶¶¶ It wants an EU citizenship statute under Article 25 TFEU with a non-discrimination clause, a European Charter on Digital Rights, and Council adoption of the mobile citizens' electoral rights directives.¶¶¶
Committee position. The committee proposes that the Committee on Constitutional Affairs incorporate its suggestions into its motion for a resolution, covering citizenship rights, mobility, electoral participation, non-discrimination and an EU citizenship statute.¶¶¶
Key points
- Notes that around 50 million people belong to a national or linguistic minority in the EU and that the Commission has taken no legislative steps on the Minority SafePack initiative.¶
- States that freedom of movement is central to EU citizenship and that the Council confirmed in its conclusions of 9 June 2011 the technical readiness of Bulgaria and Romania to accede to the Schengen area.¶
- Recalls that EU citizenship depends on nationality from a Member State, that granting nationality is an exclusive Member State competence, and that Article 20 TFEU defines Union citizenship this way.¶¶¶
- Calls for the EU to promote a European Charter on Digital Rights, including digital citizenship rights, building on the European Declaration on Digital Rights and Principles for the Digital Decade.¶
- Calls on the Commission to adopt a communication clarifying key concepts in Directive 2004/38/EC and to propose an update of the Consular Protection Directive giving EU delegations a more active role.¶¶
- Calls on the Council and European Council to let countries meeting the technical criteria join the Schengen area, and on the Commission to seek reciprocal visa agreements with non-EU countries and Member States.¶¶
- Calls on Member States to inform mobile EU citizens of their electoral rights on registration and to offer immediate voter registration, and urges the Council to adopt the revisions of the two mobile citizens' electoral rights directives.¶¶
- Calls on Member States to strengthen electoral rights of all citizens, including marginalised, minority and vulnerable groups, through awareness campaigns, accessible polling stations, assistive technologies, assistance, postal, proxy and electronic voting.¶
- Calls on Member States to keep electoral processes free from extremism, disinformation and foreign interference, and for EU institutions and Member States to allow sufficient time for public consultation and publish documents proactively.¶¶
- Urges the Council and Commission to resume negotiations on revising Regulation (EC) No 1049/2001 so citizens can fully exercise their right of access to documents.¶
- Calls on Member States to phase out citizenship-by-investment schemes and similar programmes selling EU citizenship, citing ethical, legal and economic objections and security risks such as money-laundering and corruption.¶
- Denounces persistent discrimination, recalls Article 21 of the EU Charter of Fundamental Rights, and calls for an EU citizenship statute under Article 25 TFEU with a horizontal non-discrimination clause based on Article 19 TFEU.¶¶¶
Who is affected
- Member States, which are asked to inform mobile citizens of electoral rights, ease voting for vulnerable groups and end citizenship-by-investment schemes.¶¶¶
- The Commission, which is asked to clarify Directive 2004/38/EC, update the Consular Protection Directive, seek visa agreements and act on the citizenship report.¶¶¶
- The Council and European Council, which are urged to let qualifying countries join Schengen and adopt the electoral rights directives.¶¶
- Mobile EU citizens, who would gain information on electoral rights, easier voting options and clearer residence rules.¶¶¶
- National and linguistic minorities, whose protection and participation the committee highlights.¶¶
Figures and deadlines
Legal basis: Article 20 TFEU, Article 10 TEU, Article 21 of the EU Charter of Fundamental Rights, Article 25 TFEU and Article 19 TFEU¶¶¶