WRITTEN QUESTION E-2894/98

by Wilmya Zimmermann (PSE) to the Commission

(28 September 1998)

Subject: Problems in implementing Article 8 ff. of the EU Treaty (citizenship of the Union, free movement)

The restrictive laws on foreign nationals of many of the Member States often run counter to the objectives of Article 8 of the EU Treaty. Foreigners are often discriminated against in relation to citizens of the country in question when it comes to rules on residence and social and labour law.

What is the Commission doing to eliminate the obstacles to freedom of movement represented by the Member States' laws on foreign nationals?

Answer given by Mr Monti on behalf of the Commission

(11 December 1998)

Article 8a of the EC Treaty lays down the principle for the right for citizens of the Union to move and reside freely within the territory of the Member States. This right is subject to the limitations and conditions laid down in the EC Treaty and in the secondary legislation enacted to give it effect.

In order to draw all the consequences from the introduction in the Treaty of citizenship of the Union, the Commission requested, in January 1996, the high level panel on the free movement of persons, chaired by Mrs Simone Veil, to identify the problems still arising in this area, to evaluate them and propose solutions. The panel presented its report in March 1997 and it has also been transmitted to the Parliament. Two months later, the Commission gave its second report on citizenship of the Union(1) in order to assess the application in practice of Union citizenship. In June 1997 the Commission adopted an action plan for the single market(2), endorsed by the Amsterdam European Council, including proposals on the right of residence, social rights and labour mobility.

Since then, the Commission has announced several actions which are set out in detail in a communication to the Council and the Parliament(3) dated 1 July 1998. A series of new initiatives to facilitate the free movement of persons within the Community and to strengthen citizens' rights were also announced in that communication. These initiatives concern entry and residence, access to employment, social rights and family status, tax and financial status, cultural rights, the situation of third-country nationals and protection of the rights of individuals.

As regards social and labour law, the Commission in 1997 adopted an action plan for free movement of workers(4). It shows how to develop co-operation and reinforce responsibility and how to improve knowledge and visibility of the right to free movement, including upgrading administrative co-operation and information mechanisms, creating specific contact points for workers, making co-operation with the social partners more efficient and improving knowledge and visibility of the right to free movement.

Moreover the Commission has already proposed the revision of Regulation (EEC) 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community(5) and of Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families(6).

(1) COM(97) 230 final.

(2) CSE(97)1 final.

(3) COM(98) 403 final.

(4) COM(97) 586 final.

(5) OJ L 257, 19.10.1968.

(6) OJ L 257, 19.10.1968.