EN Official Journal of the European Union C 31/6

Opinion of the Committee of the Regions on the Fourth Report on Citizenship of the Union and the Communication from the Commission on the Fundamental Rights Agency

(2006/C 31/02)

THE COMMITTEE OF THE REGIONS,

Having regard to the Fourth Report on Citizenship of the Union — 1 May 2001 — 30 April 2004 — (COM(2004) 695 final);

Having regard to the Communication from the Commission on the Fundamental Rights Agency (COM(2004) 693 final);

Having regard to the Proposal for a Council Regulation establishing a European Union Agency for Fundamental Rights (COM(2005) 280 final);

Having regard to the decision of the European Commission of 26 October 2004 to consult it on the Fourth Report on Citizenship of the Union and on the Communication from the Commission on the Fundamental Rights Agency under the first paragraph of Article 265 of the Treaty establishing the European Community;

Having regard to the decision of the European Commission of 30 June 2005 to consult it, under Article 265(1) of the ECT, on the Proposal for a Council Regulation establishing a European Union Agency for Fundamental Rights;

Having regard to the decision of its Bureau of 15 June 2004 to instruct its Commission for Constitutional Affairs and European Governance to draw up an opinion on the Fourth Report on Citizenship of the Union and the Communication from the Commission on the Fundamental Rights Agency;

Having regard to the Treaty on European Union, with specific reference to Articles 6 and 7, and the Treaty establishing the European Community, with specific reference to Part II;

Having regard to the Treaty establishing a Constitution for Europe, signed on 29 October 2004, with specific reference to Articles I — 2, I — 9 and 1-10 and Title VI — the Democratic Life of the Union under Part I, the Charter of Fundamental Rights which constitutes Part II, and Article III-129 under Part III;

Having regard to its opinion on the Process of drawing up a Charter of Fundamental Rights of the European Union (CdR 327/1999 final (1)), its resolution on the draft Charter of Fundamental Rights of the European Union (CdR 140/2000 final (2)) and its resolution on the approval of the Charter of Fundamental Rights of the European Union (CdR 381/2000 final (3));

Having regard to its opinion on the Proposal for a European Parliament and Council 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 (COM(2001) 257 final — 2001/0111 COD) (CdR 287/2001 final (4));

Having regard to its opinion on the Third Report from the Commission on Citizenship of the Union (COM(2001) 506 final) and the Report from the Commission to the European Parliament and the Council on the application of Directive 94/80/EC on the right to vote and to stand as a candidate in municipal elections (COM(2002) 260 final) (CdR 121/2002 final (5));

Having regard to its opinion on the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on an information and communication strategy for the European Union (COM(2002) 350 final) (CdR 124/2002 final (6));

Having regard to Directive 2004/38/EC of the European Parliament and of the Council 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;

Having regard to the draft report of the Committee on Civil Liberties, Justice and Home Affairs on the Promotion and protection of fundamental rights: the role of national and European institutions including the Fundamental Rights Agency (Rapporteur: Ms K. Gál (- LIBE/6/25781);

Having regard to the EU Network of Independent Experts in Fundamental Rights' Report on the situation of fundamental rights in the European Union in 2003 (CFR-CDF.rapUE.2003);

Having regard to its opinion (CdR 280/2004 rev. 2) adopted on 22 April 2005 by the Commission for Constitutional Affairs and European Governance (rapporteur: Ms Claude du Granrut, member of the Picardy Regional Council, deputy mayor of Senlis (FR/EPP));

1) WHEREAS Part II of the Treaty establishing the European Community establishes European citizenship; whereas the rights attaching to Union citizenship shall consist primarily of the right to move and reside freely within the territory of the Member States, to vote and stand as a candidate in municipal elections in their Member State of residence, to enjoy, on the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State, to petition the European Union and to apply to the European Ombudsman; whereas the Treaty establishing a Constitution of Europe reaffirms the aforementioned rights;

2) WHEREAS citizenship and fundamental rights are, first and foremost, to be enjoyed at grassroots level; whereas, in several Member States, local authorities exercise considerable authority in matters pertaining to public records, official document issuance, education, police, and social assistance, without which effective citizenship could not be exercised and fundamental rights could not be safeguarded;

3) WHEREAS the Committee of the Regions, in its capacity as representative of local and regional authorities and guardian of grassroots democracy in the European decision-making process, considers the implementation of the attributes of European citizenship to be of great relevance;

4) WHEREAS European citizenship does not replace national citizenship but constitutes an advantage for citizens as free persons, who are at once responsible and secure, and as economic and political operators; just as the single market and the solidarity policy underlying the Structural Funds are beneficial to the Member States' economy and the well-being of their citizens;

5) WHEREAS the efficacy of the protection and promotion of fundamental rights is the bedrock of all democracy and constitutes an essential precondition for creating an area of freedom, security and justice;

6) WHEREAS the incorporation of the Charter of Fundamental Rights in the Treaty establishing a Constitution for Europe strengthens the EU's legal obligation to ensure the promotion of fundamental rights in all relevant policies within its sphere of competence;

7) WHEREAS it is essential to guarantee the exercise of their rights to EU citizens throughout the territory of the European Union.

adopted the following opinion unanimously at its 60th plenary session, held on 6 and 7 July 2005 (meeting of 6 July):

1. The Committee of the Regions' views

The Committee of the Regions,

1.1 Comments on the Commission's Fourth report on Citizenship of the Union

1.1.1 thanks the Commission for the referral, which satisfies the Committee's request and sets a useful precedent that compensates for the fact that no appropriate legal basis is provided under the Treaties currently in force (Article 22 of the Consolidated Treaties) or the Treaty establishing a Constitution for Europe (Article III-129);

1.1.2 welcomes the inclusion of the Charter of Fundamental Rights, which places the human being at the centre of the European project and includes a specific chapter on citizenship, in the Constitutional Treaty, thus conferring upon the Charter binding legal force; it further enables the citizens of all Member States to equate their European citizenship with the acquisition of new rights and expressions of belonging to this new community, the European Union;

1.1.3 notes that the rights thus conferred under the Charter, which complete those rights laid down in the Constitutional Treaty and affect their daily lives, are still not properly understood by European citizens;

1.1.4 welcomes the general thrust of the Commission's Fourth report on citizenship of the Union and takes note of the positive developments in the implementation of European citizenship and the fundamental rights attaching to it;

1.1.5 notes that Article I-10 of the Constitutional Treaty reiterates and summarises Articles 17 and 22 TEC, clarifies the application of the right of free movement and residence, the right to vote and to stand as candidate in elections to the European Parliament and in municipal elections, and henceforth extends the right to communicate in one's mother tongue, which had previously applied exclusively to European institutions, to include EU advisory bodies;

1.1.6 welcomes the initiation of dialogue between citizens and local and regional representatives, especially in respect of the citizens' need for information regarding the rights and benefits accruing to them through the application of said rights by regional and local authorities;

1.1.7 regrets that, in referring to the efforts required in the field of education to ensure that young people acquire the necessary skills to participate as European citizens, the Commission's fourth report fails to mention the role played by regional and local authorities, which have responsibility for education in certain Member States;

1.1.8 notes with satisfaction that due to the Directive on the right of Union citizens and the members of their families to move and reside freely within the territory of the Member States, progress has been made with regard to the right to move and reside freely, which constitutes a significant step forward, and provides regulatory clarification that is due for national implementation by 20 April 2006;

1.1.9 regrets, however, the failure to mention the local authorities' responsibility for reception and follow-up formalities on behalf of European citizens on arrival and throughout their stay in the host Member State, including any changes to their situation or that of their families, whereas these authorities are responsible for verifying, should the need arise, their registration, professional or other resources, accommodation, and eligibility for social assistance during their first five years of residence;

1.1.10 notes that in cases of death, departure or separation, the Directive also grants family members an autonomous right of residence; and welcomes the fact that, in line with the Committee's opinion of 21 November 2002 (CdR 121/2002 final) on the relevant proposal for a Directive, the Directive has extended the definition of family members to include unmarried partners who have equivalent status to married partners in the Member State of origin;

1.1.11 considers that this measure is indeed justified but could entail social actions and support from the local authorities of the family's place of residence, which the European legislation fails to take into account; the Committee therefore recommends that during the two-year implementation period for this Directive, steps be taken to address any relevant issues;

1.1.12 is in favour of simplifying procedures for repatriating mortal remains in the event of a Union citizen's death in another Member State and considers that since municipalities are often responsible for burial and cremation, it should be closely involved in the ongoing drafting process of the relevant European Commission document;

1.1.13 recalls that Part III of the Constitutional Treaty makes provision for the functioning of the internal market and the freedom of establishment for EU workers, thus ensuring the right to work, and thereby entailing the abolition of restrictions arising from the implementation of national legislation, and the harmonisation of economic and social rights;

1.1.14 notes that, although it has now become a matter of common mores that European citizens have the right to vote and stand for election to the European Parliament in the Member State of their residence, there is still a need to intensify the dissemination and educational efforts made in the run-up to the 2004 elections, and that their participation in municipal elections has involved a number of difficulties;

1.1.15 is, in principle, in favour of Union citizens being eligible to vote in national elections, but feels that it is not its role to propose the procedures for such participation; it is also in favour of Union citizens being eligible to vote in regional elections and is willing to examine the conditions for their participation, which would entail the need for Member States to identify the appropriate ‘regional’ level and the minimum residence periods required;

1.1.16 welcomes the development of political parties at European level but regrets the fact that its opinion was not requested on the proposal for a regulation on the statute and financing of European political parties implementing the second paragraph of Article 191 TEC (7);

1.1.17 is satisfied with the processing of petitions to the European Parliament and the Ombudsman but is nevertheless concerned by the number of inadmissible petitions that could not be followed up;

1.2 Comments on the Fundamental Rights Agency

1.2.1 would like to express an opinion on the sphere of action, the missions, geographical scope, and structure of this new body, whose objective is not only to safeguard but also to promote the fundamental rights of all citizens of present and future EU Member States;

1.2.2 believes that the Agency must be granted sufficient intellectual and material resources to fulfil its mission in full independence;

1.2.3 considers that the Agency's sphere of action should focus on the application of European law, the Charter of Fundamental Rights, now incorporated in the Constitutional Treaty, and the provisions for implementation laid down therein for safeguarding and promoting the rights attaching to Union citizenship;

1.2.4 wishes the Agency's scope to cover all forms of discrimination cited under the Charter, especially when directed against national minorities; and stresses that it will have to be especially vigilant in those situations where fundamental rights are continually violated;

1.2.5 considers that the Agency's core mission should remain data collection and analysis based on an independent and reliable methodological tool and a network of experts;

1.2.6 believes that, as proposed, the Agency should be granted the authority to address negative as well as positive recommendations to the European institutions regarding their legislative and judicial responsibilities;

1.2.7 considers that the Agency should act as an umbrella network with horizontal competences and the ability to develop a fundamental rights culture within the European Union, its Member States and their regional and local authorities, and that, consequently all specialised fundamental rights bodies, such as the Institute for Gender Equality, should be attached to it;

1.2.8 considers that the scope of the Agency's studies should be restricted to the territory of EU Member States, applicant countries and associated countries since extending its scope to third countries, a CFSP sphere of action, would lead to a dilution of its tasks without adding value to existing international provisions, and more specifically to United Nations legislative instruments;

1.2.9 nevertheless, recalls the need for the Agency to draw up a work programme establishing priorities to ensure its effectiveness;

1.2.10 supports the proposal that the Agency should cooperate with the Council of Europe, the national institutions for the promotion and protection of human rights, and the network of independent experts, but should not undertake to conduct studies on a country-by-country basis;

1.2.11 would not be against the Agency conducting a study under the terms of Article 7 TEU, which are reiterated under Article I-59 of the Constitutional Treaty, i.e. in cases of grave and persistent breaches by a Member State of the European Union's fundamental principles, provided that such a study were conducted following an express referral from the Council, the European Parliament, or the European Commission and not at the Agency's own initiative.

2. The Committee of the Regions' recommendations

The Committee of the Regions,

2.1 European citizenship

2.1.1 recommends that the Charter of Fundamental Rights be included in the information campaign on the Constitutional Treaty and that regional and local authorities be involved, since they are able to reach all citizens and are responsible for the day-to-day application of the rights enshrined in the Charter;

2.1.2 suggests that regional and local authorities should play a role in the procedures provided for ensuring the free movement of Union citizens in order to facilitate their integration in their Member State of residence;

2.1.3 recommends that European citizens' economic and social rights be promoted by achieving uniform standards for these rights throughout the European Union and by striving, in cooperation with regional and local authorities, to prevent all forms of discrimination;

2.1.4 urges the parties to forestall, with the Committee's support, all difficulties that could result from granting an autonomous right of residence to the family members of a Union citizen residing in another Member State in the event of the latter's departure or death, or the couple's separation, with particular regard to the family members' right to social protection and to work;

2.1.5 requests that municipal representatives also be involved in drawing up the European instrument on simplifying procedures for repatriating mortal remains in the event of a Union citizen's death in another Member State;

2.1.6 proposes that a recommendation be drawn up to promote European citizenship courses in schools, an action that would be led by the European Commission, with the CoR's participation in its capacity as representative of the authorities with responsibility for education;

2.1.7 recommends that initiatives such as the European Year of Citizenship through Education be given an adequate budget to enable them to carry out actions at both European and local/regional level;

2.1.8 recommends that consideration be given to extending European citizens' political rights by granting them the right to vote in the regional and national elections of the Member State of their residence;

2.1.9 recommends that the right to vote in the local elections of the Member State of residence should not be automatically extended to the nationals of the Contracting States to the European Economic Area;

2.1.10 suggests that formal procedures be established for forwarding to the authority with jurisdiction in the matter (for instance, the national ombudsman, should one exist, or directly to the regional and local authorities) any inadmissible petitions or complaints addressed to the European Parliament or Ombudsman;

2.2 Fundamental Rights Agency

2.2.1 recommends that the future Fundamental Rights Agency be granted the material and intellectual resources to ensure its efficacy and independence;

2.2.2 proposes that the Agency's sphere of action be restricted to the application of the fundamental rights enshrined in the Charter, and subject to the conditions specified under Article II-112 of the Constitutional Treaty;

2.2.3 recommends that the Agency be considered as an umbrella network with the ability to develop a fundamental rights culture within the European Union, its Member States and their regional and local authorities, and that, consequently, all specialised fundamental rights bodies should be attached to it; further recommends that its structure enable it to respond to diverse fundamental rights aspects, and that it have an annual or multiannual work programme to ensure its effectiveness;

2.2.4 requests that, in addition to its role as an independent and reliable body that collects and analyses data with a view to submitting recommendations to the European institutions, including the Court of Justice, the Agency should also be involved in implementing education and communication policies for fundamental rights;

2.2.5 suggests that the Agency's geographical sphere of action be restricted to the Member States of the European Union;

2.2.6 invites the future European Agency to establish relations, on the one hand, with the Council of Europe, national institutions and non-governmental organisations for the protection of fundamental rights and the network of independent experts, but also with the regional and local authorities, since their specific approach is liable to facilitate the Agency's work; and to deliver an annual report on the fundamental rights situation in the EU;

2.2.7 proposes that the Agency should act in strict accordance with the terms of Article 7 TEU, which are reaffirmed under Article I-59 of the Constitutional Treaty, i.e. upon express referral from the Council, the European Parliament, or the European Commission;

2.2.8 requests that a representative of local and regional authorities sit on the Management Board of the future European Agency.

Brussels, 6 July 2005 The President of the Committee of the Regions Peter STRAUB

(1) OJ C 156 of 6 June 2000, p. 1

(2) OJ C 22 of 24 January 2001, p. 1

(3) OJ C 144 of 16 May 2001, p. 42

(4) OJ C 192 of 12 August 2002, p. 17

(5) OJ C 73 of 26 March 2003, p. 64

(6) OJ C 73 of 26 March 2003, p. 46

(7) Article 191 TEC, amending the Nice Treaty, provides that ‘Political parties at European level are important as a factor for integration within the Union. They contribute to forming a European awareness and to expressing the political will of the citizens of the Union.’ These provisions are reaffirmed under Article I-46 (4) of the Constitutional Treaty.