EN Official Journal of the European Union CE 78/906

(2004/C 78 E/0958)

WRITTEN QUESTION P-4060/03

by Roberta Angelilli (UEN) to the Commission

(8 January 2004)

Subject: European citizenship

Article 8 of the draft EU Constitution guarantees ‘all citizens of the Union’ the freedom to move and reside in the territory of the Member States, together with the other civil rights inherent in citizenship.

The article confines itself to defining Union citizens as those who are nationals of a Member States, without adding anything regarding the issue — much debated and fundamentally important — of the conditions and procedures for acquiring the status of citizen. The requirement of citizenship is in fact, according to the letter of Article 8, the only distinction between those who reside and move freely on the territory of Europe and the citizens of a third country. No mention is made of ‘intermediate’ legal positions such as that of temporary residents, nor are the implications of immigration considered. Each Member State continues to be responsible for the conditions governing the acquisition of national citizenship and the policies regarding the entry, residence and integration of non-Community citizens, despite the fact that immigration involves both the countries which constitute the external borders of the Community and the countries of transit and establishment. There are a number of questions related to the debate on citizenship: the regulation of legal and illegal flows, integrated border management, the fight against organised crime, maritime borders, the new post-enlargement frontiers and the right of asylum. Each of these issues has until now all too often been tackled by making a distinction between the two kinds of citizenship — national citizenship and a parallel and secondary European citizenship — and providing different and non-coordinated solutions, which cause considerable administrative problems and enormous disparities in treatment, despite the shared values which underlie the creation and growth of the Union.

In view of this apparent basic omission in the draft Constitution and the need to extend the debate on the issues raised, so as to bring about as soon as possible the harmonisation of legislation in order to make the rules on the subject the same for all the Member States, can the Commission say:

1. what tangible measures have been taken to promote the harmonisation of legislation on the acquisition of national citizenship and the status of residents;

2. what developments there have been in the discussions on a uniform Community immigration policy;

3. what it thinks about the possibility of including the issue of European citizenship in the Constitution, not least in view of its political, religious and social implications?

Answer given by Mr Vitorino on behalf of the Commission

(12 February 2004)

Guidelines for a common immigration and asylum policy were set at the Tampere European Council in October 1999. This policy includes the element of fair treatment of third country nationals residing legally on the territory of the Member States. The European Council conclusions state that the legal status of legally resident third country nationals should be approximated to that of Member States' nationals and third country nationals should be granted a set of uniform rights, which are as near as possible to those enjoyed by EU citizens.

With regard to acquisition of national citizenship, it should be noted that the Community does not have legal competence to introduce harmonising legislation nor has this competence been included in the current draft EU Constitution, and the Commission is therefore not envisaging any legislative measures in this field in the near future.

Concerning the development of a uniform Community policy on immigration and the legal status of third-country nationals, the Commission has worked towards achieving the targets set in Tampere and to this end a number of policy measures and directives have been proposed by the Commission to ensure free movement and basic economic and social rights for third-country nationals. In particular the Directive concerning the status of third-country nationals who are long-term residents (1), is harmonising the legal status of third-country nationals, who are resident in the EU.

The Commission is of the opinion that civic citizenship (comprising a common set of core rights and obligations for third country nationals) and the granting of political rights is important for the integration process.

(1) Commission proposal of 13.3.2001, COM(2001)127 final. The Proposal was adopted by the Council on the 25 November 2003.