UNION
CITIZENSHIP AND FREEDOM OF MOVEMENT: MEPS SLAM MEMBER STATES
818 words
17 March 2009
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English
(c) 2009
States News Service
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The following
information was released by the European Parliament:
Since 2006
over eight million Europeans have exercised their right to reside in another EU
Member State. However, the Member States have erected many obstacles to the
free movement of the EU's citizens, according to the EP Civil Liberties Committee.
The public still has little awareness of its rights, including the right to
vote in local and European elections in the country where they live, say MEPs
in two reports.
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 Vۀlean (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.
Key concepts
of the directive on free movement are misinterpreted
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.
Transitional
arrangements for free movement tantamount to discrimination
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.
Union
citizenship: problems and prospects
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.
INTERNAL
MARKET : EP CRITICISES RESTRICTIONS ON FREE MOVEMENT OF EUROPEANS
658 words
18 March 2009
Europolitics
3716
English
Copyright 2009
Europe Information Service All Rights Reserved
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MEPs are
protesting against national violations of the freedom of Europeans and their
families to move and reside in another EU member state. This right is
guaranteed by a 2004 directive. Their objections were evident at the European
Parliament's Committee on Civil Liberties, with the adoption of a non-binding
report by Liberal Adina-Ioana Valean (Romania), on 16 March in Brussels.
Since 2006,
more than eight million Europeans have exercised their relevant rights. But, in
light of a very poor implementation of the 2004 directive, the EP has
criticised the "incapacity of the Commission to guarantee that member
states are respecting the directive in a coherent manner and in the given
timeframe, as well as to manage the significant number of complaints lodged by
citizens regarding the implementation of this directive".
There is, in
fact, work to be done. According to a report published in mid-December 2008 by
the Commission, it is clear that most member states have poorly transposed EU
legislation (compulsory after two years) or have placed administrative
constraints, such that they constitute obstacles to free movement. For example,
some countries interpret the concept of sufficient resources' in a prohibitive
manner, without personal situations being taken into account. They do not make
right of entry and residence easier for members of non-EU families (only seven
member states have adopted provisions making it easier for them to obtain an
entry visa). Or they demand documents which are not anticipated by the
directive.
Austria,
Slovakia, Denmark, Slovenia and Estonia have correctly transposed less than 60%
of the text. Only Cyprus, Greece, Finland, Portugal, Malta, Luxembourg and
Spain have transposed more than 85% of the provisions. To all these faults and
loopholes, the EU executive intends to respond with guidelines' on the
implementation of EU law (see Europolitics 3656).
ABUSES
The EP wants
more. With regard to homosexual couples, it asks member states to acknowledge
them on the basis of mutual recognition. However, this does not necessarily
mean recognition of marriage, which is possible in Belgium and the Netherlands.
To this day, only thirteen member states grant them the full right to freedom
of movement and residence, by considering registered members as members of the
family (Belgium, Bulgaria, the Czech Republic, Denmark, Finland, Italy,
Lithuania, Luxembourg, Portugal, the Netherlands, Spain, Sweden and the United
Kingdom).
MEPs also
underline abuses - as in Belgium, where European citizens may be detained for a
simple administrative offence, some being held in detention centres for illegal
immigrants.
Lastly, MEPs
call for the repeal or the review of discrimination', which they believe is a
transitional scheme restricting the free movement of nationals from Central and
Eastern Europe. Belgium, Germany, Denmark and Austria have decided to apply
restrictions until the end of April 2011 against eight Central European
countries and eleven countries until 31 December 2013 against Romania and
Bulgaria.
CITIZENSHIP
In another
report on various subjects (by Urszula Gacek, EPP-ED, Poland), the Committee on
Civil Liberties points out the problems linked to EU citizenship, regretting in
particular "the low number of EU citizens resident in member states other
than those who use their right to vote or who stand for European or local
elections in their place of residence". This is a legitimate concern in
the approach to the EP elections of 4-7 June.
Lastly, the
Commission is urged to make proposals to strengthen the consular protection of
Europeans in non-EU countries, particularly against the threat of a death
penalty. It has also been invited, at a later stage, to negotiate visa-free
travel for all Europeans in particular to the United States, which only
provides exemption for 22 out of 27 countries (Poland, Greece, Cyprus, Romania
and Bulgaria are still excluded from the US Visa Waiver Programme).
A vote on the
two reports will take place in the plenary of 1 and 2 April in Brussels.