Treaty on the Functioning of the European Union

English summary:

The Lisbon Treaty inserts, for the first time, a reference to citizenship into the Treaty on the European Union. The provisions contained in the Treaty on the Functioning of the European Union (previously EC Treaty) confer European citizenship on any person who holds the nationality of an EU Member State. Following the Treaty of Lisbon, European citizenship is held in addition to national citizenship. Previously, in the Amsterdam Treaty, it was expressed as being complementary to national citizenship. The question of whether an individual possesses the nationality of a Member State is settled solely by reference to the national law of the Member State concerned. Thus it is for each Member State to lay down the conditions for the acquisition and loss of nationality. European citizens are granted the following rights: the right to move and reside freely within the EU; the right to vote for and stand as a candidate at municipal and European Parliament elections in whichever Member State an EU citizen resides; access to the diplomatic and consular protection of another Member State outside the EU if his/her Member State is not represented there; and, the right to petition the European Parliament and to complain to the European Ombudsman. The TEU and TFEU, as amended by the Lisbon Treaty, are currently in force.

Status:

Legally binding

Relevant provision(s):

Articles 20 - 25 TFEU and Article 9 TEU

Link to Document

Treaty of Amsterdam

English summary:

In the context of the establishment of European citizenship, and following the Maastricht Treaty, the Amsterdam Treaty for the first time clarified the link between European and national citizenship in articles 17 - 22EC (ex articles 8a-e EC). It also renumbered the provisions of the Treaties. The Treaty stated unequivocally that "citizenship of the Union shall complement and not replace national citizenship". Two practical conclusions followed from this: it was first necessary to be a national of a Member State in order to enjoy citizenship of the Union; and, European citizenship supplemented and complemented the rights conferred by national citizenship. This amendment to the provisions on citizenship has its origin in the Decision adopted at a European Council meeting in December 1992 in Edinburgh. The Council Decision sought to appease Danish voters who feared the inclusion of European citizenship in the EC Treaty and who had consequently rejected the ratification of the Treaty of Maastricht in a referendum. The Council Decision clarified that Union citizenship was intended to be additional to national citizenship and not to take its place. The Decision was subsequently reflected in the amendment to the citizenship provisions in the Treaty of Amsterdam.

Status:

Legally binding

Relevant provision(s):

Articles 17 - 22 EC

Link to Document

Declaration no 2 annexed to the Treaty of Maastricht on nationality of a Member State

English summary:

The declaration sets out that wherever in the Treaty establishing the European Community reference is made to nationals of the Member States, the question whether an individual possesses the nationality of a Member State shall be settled solely by reference to the national law of the Member State concerned.

Status:

The ECJ has confirmed, with reference to the Declaration, in inter alia Case C-192/99 Kaur and Case C-369/90 Micheletti that, under international law, it is for each Member State, having due regard to Community law, to lay down the conditions for the acquisition and loss of nationality.

Link to Document

Treaty on the European Union (Maastricht Treaty)

English summary:

The Maastricht Treaty for the first time established the concept of European citizenship which was to exist over and above national citizenship. Thus, every citizen who was a national of a Member State was also considered to be a citizen of the Union and was granted the following rights: the right to circulate and reside freely in the Community; the right to vote and to stand as a candidate for European and municipal elections in the State in which he or she resided; the right to protection by the diplomatic or consular authorities of a Member State other than the citizen's Member State of origin on the territory of a third country in which the state of origin is not represented; and, the right to petition the European Parliament and to submit a complaint to the Ombudsman. These rights which were inserted and by the Treaty of Maastricht into the EC Treaty, were clarified and expanded by the Amsterdam Treaty and, subsequently, by the Lisbon Treaty.

Status:

Legally binding

Relevant provision(s):

Article 8a-8e EC

Link to Document

European Parliament and Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

English summary:

The Directive regulates the conditions in which Union citizens and their families may exercise their right to move and reside freely within the Member States. It also lays down the conditions for acquiring the right of permanent residence and sets out any restrictions on the aforementioned rights on grounds of public policy, public security or public health. The Directive merges into a single instrument all the legislation on the right of entry and residence for Union citizens.

Status:

Legally binding

Link to Document

Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents.

English summary:

The European Union grants European resident status to Non-EU Member Country nationals who have resided legally and continuously within the territory of the Member States for five years. The Directive also approximates national legislation and practices regarding the terms for conferring resident status and lays down the conditions for residence in Member States other than the one which conferred resident status.

Status:

Legally binding

Link to Document

Council Decision 2002/772 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage

English summary:

The decision lays down principles common to all Member States for the conduct of elections to the European Parliament. It provides that members of the European Parliament are elected by direct universal suffrage. Each Member State decides on the form its election will take, but follows identical democratic rules regarding the voting age of 18, the equality of the sexes and the secrecy of ballot as well as a number of common principles: direct universal suffrage, proportional representation and a five-year renewable term.

Status:

Legally binding

Link to Document

Council Directive 94/80 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals (as amended by Directive 96/30/EC and Directive 2006/106/EC)

English summary:

Community nationals residing in a Member State other than their Member State of origin may vote and stand as a candidate in municipal elections. This Directive establishes the arrangements for exercising this right. The objective of the Directive is not to harmonise Member States` electoral systems, but to ensure that nationals of both the Member State concerned and other Member States can exercise the right to vote and to stand as a candidate under the same conditions. The Directive applies to municipal elections only. The main purpose of the Directive is to abolish the nationality requirement imposed by a number of Member States in their national electoral law. The Community legislation does not affect the Member States` provisions on the rights of their own nationals or third-country nationals residing in their territory.

Status:

Legally binding

Link to Document

Council Directive 93/109 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals

English summary:

The Directive lays down detailed arrangements under which EU citizens residing in a Member State of which they are not nationals may exercise the right to vote and to stand as a candidate in that country. It does not affect the rights of a Member State`s own nationals at elections to the European Parliament, whether or not those nationals reside inside the country. The Directive defines the requirements which must be satisfied by a national of another Member State who wishes to vote or to stand as a candidate in his Member State of residence yet it is ultimately a matter for each Member State to indicate which persons are its nationals. Community voters shall exercise their right to vote either in the Member State of residence or in their home Member State.

Status:

Legally binding

Link to Document

Report on the election of Members of the European Parliament and on the participation of European Union citizens in elections for the European Parliament in the Member State of residence, COM(2010) 605

English summary:

This report assesses the further progress towards the application of Directive 93/109 in the context of the European Parliament elections held in 2009, in the context of wider efforts to encourage participation in these elections. The report assesses the level of awareness about the elections and the associated rights to vote and to stand in the Member State of residence, the measures taken by the Member States and the EU institutions, and the actual participation in the elections. It looks at how Member States have transposed and implemented EU law in this field. It outlines further measures to be taken to improve participation and guarantee the enforcement of EU citizens’ rights, including efforts to improve the current mechanism for preventing double voting. Of particular note is an increase in the participation of resident EU citizens in a number of Member States, including Spain.

Status:

Not legally binding

Link to Document

EU Citizenship Report 2010: Dismantling the obstacles to EU citizens’ rights, COM(2010) 603

English summary:

This report is not one of the Commission’s regular reports under the Treaty on EU citizenship, but part of a more general political endeavour of the Barroso II Commission to make citizenship a political priority. It is linked to a communication of the Commission on further progress on the single market. The Report shows how EU citizenship brings rights and benefits to citizens and describes the main obstacles that citizens still encounter in their daily lives when they exercise their EU rights across borders. The Report ranges across many areas of EU competence (some only just emerging) including family law (transnational families), consumer protection (including health care issues), free movement law (for students, workers and professionals), and voting rights (emphasising the EU citizen as a political actor). It contains a number of political commitments on the part of the Commission.

Status:

Not legally binding

Link to Document

Report from the Commission to the European Parliament, the Council and the Economic and Social Committee under Article 25 TFEU on progress towards effective EU citizenship 2007-2010, COM(2010) 602

English summary:

This Report is the Commission’s regular (sixth) report under the EU Treaties on progress towards EU citizenship. It takes stock of recent developments in relation to each of the rights enumerated in the Treaty on the Functioning of the Union, and reviews case law of the Court of Justice, in particular the case of Rottmann which engages with the relationship between EU citizenship and national laws on the acquisition and loss of citizenship. The Report offers up to date statistical data on EU citizens who have exercised their free movement rights, set against the total numbers of non-nationals within the Member States.

Status:

Not legally binding

Link to Document

Communication from the Commission to the European Parliament and the Council on guidance for better transposition and application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States COM(2009)313

English summary:

The Communication aims to provide guidance to Member States on how to apply Directive 2004/38/EC 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 correctly - with the objective of bringing a real improvement for all EU citizens and of making the EU an area of security, freedom and justice. The report also identifies frequent problems relating to the right of entry and residence of third country family members of EU citizens, and to requirements to submit with the applications for residence additional documents not foreseen in the Directive.

Status:

Not legally binding

Link to Document

Report from the Commission to the European Parliament and the Council on the application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States COM(2008)840

English summary:

The purpose of the Report is to present a comprehensive overview of how Directive 2004/38/EC1 is transposed into national law and how it is applied in everyday life. The Report finds that overall transposition of Directive 2004/38/EC is rather disappointing. Not one Member State has transposed the Directive effectively and correctly in its entirety. Not one Article of the Directive has been transposed effectively and correctly by all Member States. However, Member States in some areas have adopted transposition measures that are more favourable to EU citizens and their family members than required by the Directive itself

Status:

Not legally binding

Link to Document

Fifth Report from the European Commission on Citizenship of the Union COM(2008)85

English summary:

In this report, which covers the period from 1 May 2004 to 30 June 2007, the Commission takes stock of the application of existing provisions on citizenship of the Union and examines whether it is necessary to strengthen the rights of the Union`s citizens. The Commission focuses on the `legal core` of citizens` rights - the right to move and reside freely within the EU, the right to vote and stand as a candidate in municipal elections in the Member State of residence, the right to diplomatic and consular protection in third countries, the right to petition the European Parliament and the right to apply to the Ombudsman.

Status:

Not legally binding

Link to Document

Report from the Commission to the European Parliament and to the Council on granting a derogation pursuant to Article 19(2) of the EC Treaty, presented under Article 14(3) of Directive 93/109/EC on the right to vote and to stand as a candidate in elections to the European Parliament COM(2007)846

English summary:

Pursuant to Article 14 of the Directive, the Commission reported in the run-up to the June 2009 elections on the validity of the derogations granted to Member States. Only Luxembourg has been granted such a derogation by the Commission (see COM(2003) 31), allowing it to confine the right to vote to individuals who can prove they have lived in Luxembourg for a certain period of time. Upon examination, the Commission considers that the grounds for this derogation are still valid and that no amendments need be proposed.

Status:

Not legally binding

Link to Document

Communication from the Commission - European elections 2004 - Commission report on the participation of European Union citizens in the Member State of residence (Directive 93/109/EC) and on the electoral arrangements (Decision 76/787/EC, as amended by Decision 2002/772/EC, Euratom) COM(2006)790.

English summary:

This report assesses the application of Directive 93/109/EC laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals. The Commission wishes to draw the attention of the European Parliament and the Council to problems raised by Member States concerning the implementation of the Act. It proposes amendments to the Directive in line with its assessment in order to prevent voting and standing as a candidate twice and to eliminate heavy administrative burdens on the Member States.

Status:

Not legally binding

Link to Document

Communication from the Commission on ‘A Common Agenda for Integration Framework for the Integration of Third-Country Nationals in the European Union’ COM(2005)389

English summary:

The Communication recognises the value of developing a concept of civic citizenship as a means of promoting the integration of third-country nationals, including the rights and duties needed to give immigrants a sense of participation in society within the EU.

Status:

Not legally binding

Link to Document

Report from the Commission to the European Parliament and to the Council on granting a derogation pursuant to Article 19(1) of the EC Treaty, presented under Article 12(4) of Directive 94/80/EC on the right to vote and stand as a candidate in municipal elections COM(2005)382

English summary:

The Commission concludes in its report that the circumstances warranting the granting to Luxembourg of a derogation pursuant to Article 19(1) of the Treaty and to Article 12(1) of the Directive still apply since the grounds for the derogation are still valid.

Status:

Not legally binding

Link to Document

Fourth Report from the European Commission on Citizenship of the Union COM(2004)695

English summary:

In this fourth report on Union citizenship covering the period from 1 May 2001 to 30 April 2004, the Commission concludes that the Community rules on the rights of Union citizens are on the whole applied correctly and without serious problems. The Member States have implemented the secondary legislation in this area and remaining problems are due to incorrect application and practices rather than to the failure of national legislation to comply with Community legislation. The Commission stresses that information concerning the proper interpretation of Community 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.

Status:

Not legally binding

Link to Document

Communication from the Commission to the European Parliament and the Council on measures to be taken by Member States to ensure participation of all citizens of the Union to the 2004 elections to the European Parliament in an enlarged Union COM(2003)174

English summary:

To enable all voters to vote at the 2004 elections to the European Parliament, the Communication gives encouragement for implementation of the acquis communautaire in the acceding countries and calls on them to proceed with the timely entry of all citizens on the electoral rolls. The Commission asks the new Member States to rapidly transpose Directive 93/109/EC so as to establish the legal basis for Union citizens to enjoy the right to vote and stand for election in their country of residence.

Status:

Not legally binding

Link to Document

Report from the Commission to the European Parliament and to the Council on granting a derogation pursuant to Article 19(2) of the EC Treaty, presented under Article 14(3) of Directive 93/109/EC on the right to vote and to stand as a candidate in elections to the European Parliament COM(2003)31

English summary:

Article 22(2) TFEU (ex art 19(2) of the EC Treaty) provides that every citizen of the Union residing in a Member State of which he/she is not a national has the right to vote and stand as a candidate in elections to the European Parliament in the Member State in which he/she resides. Article 14 of Directive 93/109/EC provides that if, in a given Member State, the proportion of citizens of the Union of voting age who reside in but are not nationals of it exceeds 20% of the total number of citizens of the Union residing there who are of voting age, that Member State may apply for a derogation. Luxembourg has availed itself of a derogation. The Commission report concludes that the reasons put forward for keeping this derogation for Luxembourg are still justified. There is accordingly no need to propose adaptations to it.

Status:

Not legally binding

Link to Document

Third Report from the European Commission on Citizenship of the Union COM(2001)506

English summary:

The third report focuses on the rights provided for in the second part of the EC Treaty. However, it includes two significant advances in areas closely related to citizenship, the proclamation of the Charter of Fundamental Rights (at the Nice European Council in December 2000) and the adoption by the Commission of the proposal for a Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

Status:

Not legally binding

Link to Document

Communication from the Commission on the application of Directive 93/109/EC to the June 1999 elections to the European Parliament: Right of Union citizens residing in a Member State of which they are not nationals to vote and stand in elections to the European Parliament COM(2000)843

English summary:

The Commission considers the application of Directive 93/109/EC to be unsatisfactory to date. The report found that turnout in the 1999 European Parliament elections by EU citizens not residing in their country of origin was not much higher than before. The right to stand was exercised even less. The Commission therefore called for practical improvements to application of the Directive, since it did not consider it necessary to amend the Directive.

Status:

Not legally binding

Link to Document

Report from the Commission to the European Parliament and the Council on the application of Directive 93/109/EC: Voting rights of EU citizens living in a Member State of which they are not nationals in European Parliament elections COM(97)731

English summary:

The report indicates that the Directive had been applied by all the Member States to the elections to the European Parliament of June 1994. Sweden, Austria and Finland had applied the Directive to the elections organised in 1995 and 1996 following their accession to the Union. However, the report concludes that information on the new rights of European citizens has been inadequate. Moreover, there was an exceptionally low rate of success for non-national candidates.

Status:

Not legally binding

Link to Document

Second Report from the European Commission on Citizenship of the Union COM(97)230

English summary:

The Second Report assesses the new rights introduced by the Maastricht Treaty in terms of European citizenship: the right to vote and stand for election in local and European elections - the right to diplomatic and consular protection - and, the right to out-of-court methods for the protection of citizens` rights such as the right to petition the European Parliament and the right to apply to the Ombudsman. The report points out, that citizens still face difficulties when exercising their right to freedom of movement and of residence, primarily as a result of incorrect or particularly restrictive administrative procedures. Furthermore, the right of residence is still subject to different provisions which apply to different categories of citizens. However, the report concludes that as the EC Treaty does not provide for a common legal basis, it is not possible to adopt a single set of rules. Therefore, the Commission recommends revising the citizenship provisions, upgrading them from a supplementary legal basis to a specific legal basis for free movement and right of residence.

Status:

Not legally binding

Link to Document

First Report from the European Commission on Citizenship of the Union COM(93)702

English summary:

The First Report by the Commission, presented shortly after the entry into force of the Maastricht Treaty on 1 November 1993, reviews the new rights introduced by the Maastricht Treaty in terms of European citizenship, then discusses the rights conferred prior to the Treaty concerning free movement, and lastly stresses the need to improve citizens` awareness of and access to their rights.

Status:

Not legally binding

Link to Document

Commission Report to the European Parliament on `Voting Rights in Local Elections for Community Nationals` COM(86)487

English summary:

The Commission confirms its commitment to the granting of local voting rights in the country of residence. It sees this as being consistent with the logic of a People`s Europe.

Status:

Not legally binding

Link to Document

Towards European Citizenship – A Passport Union: Implementation of point 10 of the final communiqué issued at the European Summit held in Paris on 9 and 10 December 1974 COM(75)322

English summary:

The Commission suggests the creation of a uniform passport to be issued by each Member State to its nationals in place of the passports of varying appearance currently issued, and which would symbolise a definite connection with the Communities. The Commission also examines the objective of the abolition of identity checks at Community internal frontiers.

Status:

Not legally binding

Link to Document

European Parliament Report on strategies and means for the integration of immigrants in the European Union (2006/2056(INI))

English summary:

The Report encourages Member States to foster the political participation of immigrants and to discourage their political and social isolation. It calls on the Commission to carry out a legal review of existing provisions relating to EU civic citizenship in the various Member States as well as of current Member State practices regarding the right of long-term resident immigrants to vote in local and municipal elections.

Status:

Not legally binding

Link to Document

Opinion of the European Economic and Social Committee on ‘Access to European Union citizenship’ (2003/C 208/19)

English summary:

The Opinion discusses how the integration of third country nationals into the European Union can be achieved through European citizenship. It concludes that policies for integrating immigrants need to be improved. It therefore calls for the examination of the possibility of granting Union citizenship to third country nationals with long-term resident status.

Status:

Not legally binding

Link to Document

Spanish Memorandum “Towards a European Citizenship”, Council Document SN 3940/90

English summary:

The Memorandum argues that the idea of a European Union requires creating an integrated space in which the European citizen plays a central and fundamental role. It calls for “a qualitative jump which allows an area of essentially economic character to be transformed into an integrated area which would be at the direct service of the citizen.”

Status:

Not legally binding

Comment:

Unpublished

Towards European Citizenship - The granting of special rights: lmplementation of point 11 of the final communiqué issued at the European Summit held in Paris on 9 and 10 December 1974 COM(75)321

English summary:

The Report examines the meaning of the term “special rights” which are granted to nationals of the Member States of the Community. It deduces that “special rights” must refer to the rights to vote, to stand for election and to become a public official at local, regional or national level, which are political rights traditionally withheld from foreigners.

Status:

Not legally binding

Link to Document