A4-0034/99

Resolution on strengthening the Union's institutions with a view to establishing an area of democracy and liberty

The European Parliament,

- having regard to its resolution of 10 December 1996 on the participation of citizens and social players in the operation of the European Union's institutional system ((OJ C 20, 20.1.1997, p. 31.)),

- having regard to its resolution of 19 November 1997 on the Treaty of Amsterdam (CONF 4007/97 - C4-0538/97) ((OJ C 371, 8.12.1997, p. 99.)),

- having regard to its resolution of 22 October 1998 on preparations for the meeting of heads of state and government of October 1998 on the political future of the European Union ((Minutes of that sitting, Part II, Item 2.)),

- having regard to Rule 148 of its Rules of Procedure,

- having regard to the report of the Committee on Institutional Affairs and the opinion of the Committee on Civil Liberties and Internal Affairs (A4-0034/99),

A. whereas the obstacles to the process of institutional reform encountered at Amsterdam, particularly with regard to extending the system of qualified majority voting, are mainly due to the fact that no serious thought has been given to the objectives of integration,

B. whereas it will not be possible to construct a democratic Europe unless its citizens are recognised not only as being the direct beneficiaries of the integration process, but also as subjects who help to formulate common choices,

C. whereas it falls to Parliament, therefore, to ascertain the extent to which the People's Europe that emerges from the Treaty of Amsterdam represents an area of freedom and democracy, and to provide the impetus for improving it,

D. whereas, after a period of five years following the ratification of the Treaty of Amsterdam, it will be possible for the Council to adopt provisions relating to areas covered by Title IV (ex IIIa) by a qualified majority under the codecision procedure,

E. whereas, during a transitional period of five years following the entry into force of the Treaty of Amsterdam, it will be important to make use of all the new possibilities offered by that Treaty in order to introduce common legislation as quickly as possible on all matters connected with the free movement of persons,

1. Notes that the Treaty of Amsterdam constitutes, in many regards, a further step towards the establishment in the European Union of an area of freedom and democracy, since it:

- strengthens the guarantees provided at European level for the respect of fundamental rights by enabling the European Court of Justice to refer to the European Convention for the Protection of Human Rights, and by introducing a procedure to impose penalties on Member States responsible for violations of human rights, and a legal basis for the implementation of the principle of non-discrimination,

- reinforcing the social dimension of European integration by establishing the coordination of national employment policies at European level and by incorporating in the Treaty the requisite legal bases for the formulation of social legislation, which were previously confined to the protocol of 14 Member States on social policy,

- heralds the prospect of effectively implementing the free movement of persons by inserting in the Treaty a title concerning controls on persons crossing external borders, the abolition of controls at internal borders, asylum and immigration;

2. Considers, however, that these advances ought to be brought together within an overall plan for the prospective European area of freedom and democracy;

3. Considers that it is necessary, if such an area is to be established on the basis of these principles:

- to specify European society's common objectives,

- to upgrade the rights accorded to European citizens as such,

- to reinforce the rights of minorities, in full compliance with the European conventions,

- to determine the most appropriate legal procedures and instruments for the implementation of such rights,

- to arrange for citizens to participate in the creation and progressive entrenchment of this area;

Freedom of movement

4. Regards free movement of persons as the cornerstone of the European area of freedom and democracy;

5. Notes that the Treaty of Amsterdam does not specify the political objectives to be taken into account when establishing the means whereby freedom of movement is to be implemented, particularly with regard to visas, asylum, immigration and judicial cooperation in civil matters;

6. Notes that the requirement for the Council to take decisions under Title IV (ex IIIa) of the EC Treaty (visas, asylum, immigration and freedom of movement) on the basis of unanimity during the first five years will stand in the way of progress with regard to the crossing of frontiers and in asylum and immigration policy;

7. Takes the view that progress in the field of freedom, security and justice must be accompanied by the necessary democratic and judicial guarantees;

8. Urges the Council, therefore, to start applying the Community method well before the agreed date in the field of freedom, security and justice, and in particular to start taking decisions jointly with the European Parliament (codecision); calls on the Commission and the Council to launch a dialogue with Parliament as soon as possible with the aim of concluding an interinstitutional agreement ensuring that Parliament's amendments are taken into account and helping to bring these matters as quickly as possible within the scope of the codecision procedure;

9. Urges Member States to resist the temptation of off-loading their responsibilities in this field on to 'Brussels', while also taking advantage of the absence of obligatory parliamentary monitoring of measures relating to the free movement of persons; calls, therefore, on the Council to organise its work in this field in accordance with the principles of transparency and legal certainty;

10. Regrets the limits that are placed on the Court of Justice under the new Title;

11. Regrets that the Schengen acquis has still not been completely incorporated in the first pillar and stresses the need to remedy this shortcoming before the Treaty of Amsterdam is finally ratified;

12. Calls on the governments of Denmark, Ireland and the United Kingdom to participate in Community arrangements in this area from the outset;

13. Calls for the objective of a high level of security cited by the Treaty of Amsterdam in relation to police and judicial cooperation in criminal matters advocated to be defined more broadly and applied to all aspects of the free movement of persons, as well as the principal Community freedoms established in connection with the internal market;

14. Considers that it is necessary, to attain this objective, to adopt legislation designed to provide the citizen with guarantees at European level equivalent to those provided at national level; considers, in particular, that:

- as the free movement of persons leads to the establishment of personal relations between people of different nationalities, there should be special efforts to coordinate civil legislation (e.g. on divorce),

- the free movement of workers calls for the rules relating to retirement provisions to be improved,

- the free movement of goods should be supplemented by provisions to ensure effective consumer protection;

15. Emphasises that, to be effective, the free movement of persons must apply not only to European citizens, but also to nationals of third countries who have entered the Union legally or are legally resident in the Union;

16. Undertakes to provide for the most far-ranging discussion possible among its members with a view to establishing common choices in these areas, a task which is all the more urgently required in view of the Union's prospective enlargement;

17. Notes that, in view of the intergovernmental nature of cooperation in the field of justice and the police, progress depends to a large extent on the political will of the Council and the Member States;

18. Calls on the Commission to actively make use of its newly acquired right of initiative in this area;

19. Urges the Council and the Member States to improve the legal protection of citizens and in particular to make the declaration needed so that appeals may be lodged with the European Court of Justice under the preliminary ruling procedure;

20. Calls on the Member States who so wish to make extensive use of the possibilities offered to them by Article 35 (ex K.7) EU for developing closer cooperation amongst themselves in areas which are part of the third pillar.

Social rights

21. Notes that, in spite of the differences between them, a major strand of the Member States' shared identity is the link they have maintained between the market economy and social concerns;

22. Believes that public opinion will perceive the development of the internal market and the single currency, which have already given proof of being genuine pillars of stability of the world economy, as something positive and necessary;

23. Considers that freedom of movement must be accompanied by the establishment of a minimum common basis of rules on employment rights and social protection and, to that end, the Charter of fundamental social rights adopted in Strasbourg on 11 December 1989 must be implemented in its entirety within five years of the entry into force of the Treaty of Amsterdam;

24. Confirms its commitment to the implementation of an effective policy of equality between men and women, not only with regard to employment, but also in all areas of economic, legal and social life;

25. Solemnly states that the concept of European integration is based on solidarity between the Member States; enlargement to embrace the countries of central and eastern Europe should not be regarded as an extension of the internal market, therefore, but as a duty imposed by the requirements of European integration and solidarity;

Political citizenship

26. Welcomes the commitment of the German Presidency in favour of a European Charter of Fundamental Rights and undertakes to contribute to this work, on the basis of its Draft Constitution of 1994;

27. Considers that European citizenship implies a direct link between citizens and the Union institutions, and that it is therefore necessary to develop the role of representatives of all sectors of European society;

28. Is of the opinion that the Union needs a directive on public access to its administration, detailing what rights the public has to information about the Union and its institutions;

29. Considers that European citizenship implies active participation by citizens in the democratic functioning of the European institutions; in this connection regards as essential the role of transnational political parties, which should be recognised and promoted by conferring upon them a legal status and granting them from the Union budget the financial resources they need to perform their tasks;

30. Considers that it is necessary to recognise that European citizens have a right to freedom of expression and a right to the most accessible information possible;

31. Recalls many occasions on which it has declared its support for the adoption of a statute for European associations, to make it easier for organisations representing civil society to express their views; suggests, moreover, that encouragement should be given, for example, to the establishment of networks of services in the public interest, local projects or cooperation at local level;

32. Proposes that all the rights conferred on citizens by membership of the European Union should be brought within the ambit of a specific treaty title on 'citizens' rights'; calls on the Commission to study the potential legal and budgetary consequences of recognising that such rights have direct effect, and to incorporate its findings in its contribution to the forthcoming institutional reform, which it intends to draw up in 1999;

33. Instructs its President to forward this resolution to the Commission and Council.