The own-initiative report by Giusto CATANIA (GUE/NGL, IT) on European citizenship was rejected by the House by 276 votes for, 347 votes against and 22 abstentions.

The committee adopted the own-initiative report drawn up by Giusto CATANIA (GUE/NGL, IT) in response to the Commission's Fourth Report on EU Citizenship. MEPs pointed out that the acquisition of EU citizenship and the rights attached thereto currently depends on acquisition of the nationality of an EU Member State. Given the "very great disparities" between the rules governing access to nationality in the different Member States, the committee said it was desirable, "without questioning the Member States' powers in this area", to aim for greater coordination as regards the general criteria and procedures for the acquisition of nationality. The Member States were urged to consider establishing a closer link between permanent legal residence over a reasonable period of time and the acquisition of national - and hence European - citizenship. The report said that a system of EU citizenship based on residence should be "the ultimate goal" of the dynamic process which will make the EU a genuine political community.

The committee made a number of recommendations:

- the right of EU citizens and their family members to move and reside freely within the territory of the Member States and to acquire the right of permanent residence after a five-year period in the host country should also be extended to non-EU nationals who have been resident for at least five years;

- citizens of non-EU countries who have been legally resident in an EU country for more than five years should be able to vote in local and European elections;

- the Member States should start immediate discussions on the possibility of granting EU citizens the right to vote and stand for election in municipal, local, regional and national elections in Member States in which they are resident, irrespective of nationality;

- the Member States should discuss the possibility of a European voter's card common to all the EU countries which, on the basis of each voter's nationality and principal place of residence, would indicate and detail all the elections in which voters were entitled and required to vote;

- the voting procedures used for the European Parliament elections should be standardised in order to confer a genuine European dimension on those elections and allow for the possibility of candidates being elected via transnational lists put up by European-level political parties;

- the Commission and the Member States should provide better information for EU citizens about their rights and obligations, for example via school curricula;

- the Council and Commission were urged to develop closer cooperation with the European Parliament's Petitions Committee and the European Ombudsman so that all EU citizens and residents can exercise their rights more effectively.

Lastly, the report looked at ways of ensuring a balanced EU citizenship, based on obligations as well as on rights. It suggested inter alia establishing a direct link between some aspects of the tax system and the financing of the EU budget, without increasing the overall tax burden. It added that Member States should make clear to their citizens the proportion of their taxes contributed to the EU budget.

PURPOSE: To present the Fourth Report on Citizenship of the Union (1 May 2001 – 30 April 2004).

CONTENT: Article 22 of the Treaty establishing the European Community requires the Commission to report to the European Parliament, the Council and the European Economic and Social Committee every three years on the application of provisions of Part Two of the EC Treaty (Citizenship of the Union). Reports on citizenship of the Union focus consequently on the rights of Union citizens under Part Two of the EC Treaty. This is the Commission’s Fourth Report on Citizenship of the Union, which covers the period from May 2001 to April 2004.

The purpose of the Report is to present developments relating to Union citizenship and related rights and to assess the need for other provisions strengthening the rights of Union citizens. With this Report, the Commission fulfils its obligation under Article 22 of the EC Treaty.

The Commission finds that the provisions of Part Two of the EC Treaty concerning rights of Union citizens are applied on the whole correctly and without serious problems. The Member States have implemented the existing secondary legislation in all areas covered by Part Two. The problems identified are mostly due to bad application and incorrect practices rather than to failure of national legislation to comply with Community legislation. Information concerning the proper interpretation of Union rules and the proper application of citizens’ rights is crucial.

Information and communication activities must be targeted both at Union citizens and at national authorities administering the issues relating to the rights in question.

The need to strengthen the rights of Union citizens must also be assessed in the light of the results of Intergovernmental Conference that agreed on the Constitutional Treaty, Article III-13 of which corresponds to the existing Article 22 of the EC Treaty. In any case, the following issues can be raised as potential subjects for strengthening the rights of Union citizens:

– The Commission draws attention to complaints related to the lack of the right of non-national Union citizens to vote and to stand as a candidate in national or regional elections in the Member State of residence . However, decisions concerning possible measures to be adopted under Article 22(2) of the EC Treaty still require careful consideration.

– The principle of the free movement of persons has been extended to Switzerland, and it is also guaranteed in the European Economic Area. The next step could be to establish the right of citizens of the contracting parties to vote and to stand as a candidate in local elections in their country of residence . This can be achieved through an agreement between the Member States and the third countries concerned.

– There is no EU-wide provision uniformly governing the repatriation of mortal remains from one Member States to another. The relevant standards and procedures could be harmonised throughout the Union. The Commission will consider the possible actions needed, on the basis of Article 18 of the EC Treaty.

– Article III-11 of the Constitutional Treaty would transfer decision-making powers concerning measures to facilitate diplomatic and consular protection of Union citizens to the Union and thus strengthen the position of these rights. Measures on the basis of this provision would replace measures based on Article 22(2) of the EC Treaty.

Lastly, the Commission underlines the value of confirming the rights of Union citizens in the Constitutional Treaty by incorporating the Charter of Fundamental Rights with mandatory legal status .

PURPOSE: To present the Fourth Report on Citizenship of the Union (1 May 2001 – 30 April 2004).

CONTENT: Article 22 of the Treaty establishing the European Community requires the Commission to report to the European Parliament, the Council and the European Economic and Social Committee every three years on the application of provisions of Part Two of the EC Treaty (Citizenship of the Union). Reports on citizenship of the Union focus consequently on the rights of Union citizens under Part Two of the EC Treaty. This is the Commission’s Fourth Report on Citizenship of the Union, which covers the period from May 2001 to April 2004.

The purpose of the Report is to present developments relating to Union citizenship and related rights and to assess the need for other provisions strengthening the rights of Union citizens. With this Report, the Commission fulfils its obligation under Article 22 of the EC Treaty.

The Commission finds that the provisions of Part Two of the EC Treaty concerning rights of Union citizens are applied on the whole correctly and without serious problems. The Member States have implemented the existing secondary legislation in all areas covered by Part Two. The problems identified are mostly due to bad application and incorrect practices rather than to failure of national legislation to comply with Community legislation. Information concerning the proper interpretation of Union rules and the proper application of citizens’ rights is crucial.

Information and communication activities must be targeted both at Union citizens and at national authorities administering the issues relating to the rights in question.

The need to strengthen the rights of Union citizens must also be assessed in the light of the results of Intergovernmental Conference that agreed on the Constitutional Treaty, Article III-13 of which corresponds to the existing Article 22 of the EC Treaty. In any case, the following issues can be raised as potential subjects for strengthening the rights of Union citizens:

– The Commission draws attention to complaints related to the lack of the right of non-national Union citizens to vote and to stand as a candidate in national or regional elections in the Member State of residence . However, decisions concerning possible measures to be adopted under Article 22(2) of the EC Treaty still require careful consideration.

– The principle of the free movement of persons has been extended to Switzerland, and it is also guaranteed in the European Economic Area. The next step could be to establish the right of citizens of the contracting parties to vote and to stand as a candidate in local elections in their country of residence . This can be achieved through an agreement between the Member States and the third countries concerned.

– There is no EU-wide provision uniformly governing the repatriation of mortal remains from one Member States to another. The relevant standards and procedures could be harmonised throughout the Union. The Commission will consider the possible actions needed, on the basis of Article 18 of the EC Treaty.

– Article III-11 of the Constitutional Treaty would transfer decision-making powers concerning measures to facilitate diplomatic and consular protection of Union citizens to the Union and thus strengthen the position of these rights. Measures on the basis of this provision would replace measures based on Article 22(2) of the EC Treaty.

Lastly, the Commission underlines the value of confirming the rights of Union citizens in the Constitutional Treaty by incorporating the Charter of Fundamental Rights with mandatory legal status .