Opinion of the Committee of the Regions on:The Third Report from the Commission on Citizenship of the Union, andA 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
Date: 2002-11-21
Institutions: European Committee of the Regions
Subjects: EU national, European citizenship, Treaty on European Union, application of EU law, civil rights, free movement of persons, local election, right to stand for election, right to vote

26.3.2003

EN

Official Journal of the European Union

C 73/53

Opinion of the Committee of the Regions on:

— ‘The Third Report from the Commission on Citizenship of the Union’, and

— ‘A 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’

(2003/C 73/14)

THE COMMITTEE OF THE REGIONS,

having regard to the decision of its Bureau of 12 March 2002, under the fifth paragraph of Article 265 of
the Treaty establishing the European Community, to instruct its Commission for Constitutional Affairs
and European Governance to draw up an opinion on this subject;

having regard to the Third report 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);

having regard to the text of the Charter of Fundamental Rights of the European Union proclaimed by the
European Council at Nice on 7 December 2000;

having regard to the proposal adopted by the European Commission 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 (COM(2001) 257 final);

having regard to the European Parliament’s report on the third Commission report on citizenship of the
Union (C5-0656/2001);

having regard to the report of the European Parliament on 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 (Report reference not yet available);

having regard to its opinion of 16 February 2000 on the Process of drawing up a Charter of Fundamental
Rights of the European Union (CdR 327/1999 fin) (1), its resolutions of 20 September on the Charter of
Fundamental Rights of the European Union (CdR 140/2000 fin) (2) and of 13 December 2000 on The
approval of the Charter of Fundamental Rights of the European Union (CdR 381/2000 fin) (3);

having regard to its opinion of 13 March 2002 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 (CdR 287/2001 fin) (4);

having regard to its draft opinion (CdR 121/2002 rev.) adopted on 4 October 2002 by the Commission
for Constitutional Affairs and European Governance (rapporteur: Mr Vesey (IRL-EA), Member of Cavan
County Council and the Border Regional Authority),

adopted unanimously the following opinion at its 47th plenary session, held on 20 and 21 November
(meeting of 21 November).

(1) OJ C 156, 6.6.2000, p. 1.
(2) OJ C 22, 24.1.2001, p. 1.
(3) OJ C 144, 16.5.2001, p. 42.
(4) OJ C 192, 12.8.2002, p. 17.

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THE COMMITTEE OF THE REGIONS’ VIEWS

1. General remarks

The Committee of the Regions

1.1. Welcomes the Third Report from the Commission on
Citizenship of the Union 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 Stand as a
Candidate in Municipal Elections.

Agrees that the third report should, in addition to
1.2.
covering the years 1997, 1998, 1999, also deal with the
proclamation of the Charter of Fundamental Rights, 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.

2.5.
Agrees with the Commission on the need to improve
the provision of information to the public about the extent of
their rights in the area of free movement.

2.6.
Supports the recommendations of the European Parlia-
ment and of the Council on mobility within the Community
for students, persons undergoing training, young volunteers,
teachers and trainers adopted on 25 June 2001 and of the
Resolution from the Council on an Action Plan for mobility
on 14 December 2000.

2.7.
Urges the European Parliament and the EU Council to
encourage, facilitate and support mobility for the purposes of
education, training and research and to remove remaining
obstacles to mobility as quickly as possible, in particular those
regarding the recognition of the equivalence of educational
qualifications.

Supports the call on Member States to devise strategies
2.8.
to incorporate the aspect of transnational mobility into their
National Policies for the groups targeted by the recommen-
dation.

1.3.
Agrees that citizenship of the Union shall compliment
and not replace national citizenship and that nationality of a
Member State is the only way to acquire citizenship of the
Union.

3. Consular protection

Underlines that European citizenship is an essential
1.4.
part of the debate on the future of Europe that is currently
underway, in particular within the European Convention, as
highlighted in the Laeken declaration.

3.1. Welcomes the fact that, in practice, all of the Member
States have taken steps to ensure that their diplomat and
consular representatives afford appropriate protection and
assistance to citizens of the Union who have no representative
in a third country.

1.5. Welcomes the establishment of the multiannual Com-
munity programme, Daphne, which fights all forms of violence
against children, young persons and women. The participation
of local and regional authorities in the Daphne programme
will ensure that the programme will assist those most at risk.

2.

Freedom of movement

3.2.
Urges all Member States to incorporate in their
National Legal Order, without further delay, the decision on
the practical arrangements to be made by consular officials
Decision 96/409/CFSP on the rules for issuing emergency
travel documents; and particularly since the right is a funda-
mental right under the Charter of Fundamental Rights of the
Union.

2.1. Welcomes the proposed Directive as a contribution to
European citizenship.

4. Right of petition and the European Ombudsman

2.2.
Urges the European Commission to tackle the out-
standing issues affecting the rights of citizens in the Directive
as outlined in detail in the recommendations of this opinion.

2.3. Welcomes the finalization of the legislation transpos-
ing the Directive in the Member States and shares the
concerns of the Commission in relation to the long drawn-out
infringement proceedings with consequent effects on the
Union Citizens.

2.4.
Urges that in future, where problems arise, that every
effort be made to resolve the problems as quickly as possible
in order that the non-national citizens of the Union are not
deprived of their rights.

4.1.
Notes that the two reports herein discussed conclude
that the Union Citizens are not aware of their rights or of the
powers of the Union or its institutions. This lack of knowledge
which results from communication problems and the failure
of the relevant available information to reach the EU Citizen,
is the reason for the high proportion of petitions to the EU
Parliament and complaints to the Ombudsman being declared
inadmissible. These matters are addressed in this opinion.

5.

Information and communication

Stresses the need to promote EU citizenship within

5.1.
education policies, starting with primary levels firstly.

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5.2. Welcomes the new Communication from the Com-
mission on an information and communication strategy for
the EU (1) and reiterates the need for further investment in EU-
wide communication and information strategies to promote
knowledge among citizens of
their rights, especially EU
citizenship. The burden to communicate information and
prevent the spread of misinformation on the EU should be
shared between the local, regional, national and EU levels of
government.

6. The right to vote and to stand as a candidate in

municipal elections

Stresses the necessity for all Member States to partici-
6.1.
pate in the information gathering process to ensure that the
position in the whole of the Union territory can be assessed
and regrets if the local and regional level were not involved in
this process.

6.2. Welcomes the report findings that the National Trans-
position measures have been completed in all Member States
but calls for further reports on transposition to involve the
CoR.

6.3. Welcomes the fact that the Commission, in assessing
compliance of the National Transposition Measures with the
Directive, found that the quality of the National Legislation
satisfactory and the measures are in conformity with the
requirements of the Directive. Urges that when cases of non-
conformity have been opened, that early resolution is sought,
and that all the relevant details are communicated to the other
Member States for the information and guidance of the other
Member States.

Supports the principles embodied by the Directive:
6.4.
non-harmonization of Electoral Law and the abolition of the
Nationality requirement, freedom of choice to take part and
equal access to electoral rights under the same conditions as
nationals.

6.5.
Agrees with the Commission that in assessing whether
the provisions of the Directive are properly applied, account
must be taken of the practical results of the provision of
information and its effects on the participation of Union
citizens in municipal elections.

6.6. Welcomes the fact that non-national EU citizens stand
for election and have been elected.

6.7. Would suggest that lack of the availability of infor-
mation to non-national EU citizens is only one of
the
reasons for low participation rate and other factors should be
investigated viz. the day on which the poll is held, the opening
hours of the polling station, other methods of voting other
than attending at a polling station.

( 1) COM(2002) 350 final.

6.8. Welcomes the fact that no specific problems have
arisen in the Member States as a result of the increase in the
electorate.

7. The Committee of the Regions’ recommendations

The Committee of the Regions

Free movement

7.1.
Recommends that in relation to Chapter 1, Article 4
that the wording be amended in line with the Charter of
Fundamental rights so as to make the list not exhaustive:
‘Member States shall give effect
to the provisions of this
Directive without discrimination on grounds such as sex, race,
colour, ethnic or social ...’

7.2.
Recommends that the definition of ‘family member’ as
in Article 2(2) paragraph b, will include unmarried partners
who have a status equivalent to that of married partners in the
Member State of origin.

7.3.
Suggests that the provisions in the Directive be clarified
to restrict the free movement and right of residence of those
convicted of offences such as paedophilia, domestic violence
and soccer hooliganism. In Chapter VI information on those
persons who represent a threat to society must be communi-
cated from the Member State of origin to the host Member
State. Furthermore under Article 6(5), the requirement to
report presence within at least 15 days should not apply in
such cases, but rather report immediately on arrival in the host
Member State.

7.4. Would like to see more discretion and greater flexibility
being given to Member States in relation to the application of
Articles 12 and 13 of the Directive to non-national EU citizens
who are widowed, separated or divorced spouses of non-
national EU citizens. The CoR feels that the current proposal
[Art. 7.1(b)], is discriminatory on the grounds of income.
Other factors, to be determined by the Member States, should
length of the time in the host
be considered, such as (1)
member state, (2) Length of time solely dependent on the
spouse, (3) Effects of break-up of family on other family, like
students,
(4) Disruption to family life. Would like to see
provisions on the independent right of residence of third-
country nationals in the event of the death of, or divorce from,
an EU citizen brought into line with the relevant provisions in
the proposed directive on the right to family reunification. An
independent right of residence should only be granted in
cases of particular hardship. Furthermore, the granting of an
independent residence permit
is at the discretion of the
Member States.

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7.5.
Suggests that the four-year continuous residency which
qualifies a non-national EU citizen for permanent right of
residence should be clearly defined, and should not include
periods where that citizen was incarcerated on conviction for
criminal activities.

7.11.
Recommends that the Commission establish a work-
ing group including representatives from the CoR to investigate
how the concept of EU citizenship at national, regional and
local levels is promoted in each Member State, and provide
strategic guidelines on how the concept could be better
disseminated.

Charter of Fundamental Rights

Urges Member States to abide by the objectives set out
7.6.
in the Charter of Fundamental Rights and reiterates its call to
formally incorporate the Charter in the Treaties.

7.7.
Suggests that the European Union and the Member
States take appropriate measures to make the Charter of
Fundamental Rights together with an explanatory note on the
Charter readily available to every citizen free of charge.

Right to vote and stand as a candidate in municipal elections

7.12.
Suggests that as a way of informing non-national EU
citizens of their voting rights, the literature which the host
state sends to non-national EU citizens eligible to vote should
be in the official languages of the Community, where it is
economic to do so. Furthermore all official correspondence
with non-national EU citizens should include details of contact
numbers, for information on their voting rights.

EU citizenship

7.13.
electronic voting in cases of municipal elections.

Recommends continuation of the initiative of testing

7.8.
Suggests that in order to improve the awareness of the
Union’s Citizens of their rights and of the powers of the Union
and its institutions, the following should be considered:

— Televised information campaigns.

— Incorporate the words ‘European Union — Know your
Rights’ and phone number of Europe Direct Call Centre
on all publicity hoardings for projects financed by the
European Union.

— Information literature through schools and other edu-
institutions, all national, regional and local

cational
bodies, hospitals etc.

— Innovative direct marketing campaigns (logo on post-
marks — Europe Direct Call Centre phone number).

— Details to be provided on Web Site — Europe Direct Call

Centre.

Suggests that Member States in issuing passports,

7.9.
incorporate contact details of the European Direct Service.

7.10.
Requests that the CoR is involved in future infor-
mation campaigns on municipal elections to promote the
rights of EU citizens and be more involved in the European
Commission’s information and communication policy. On the
basis of the cooperation protocol between the Commission
and the CoR, a way could be found to work together to ensure
better communication with the citizens.

Suggests,

that where registration is in effect, the
7.14.
compilation of a single register and relevant supplements
which include both national and non-national EU voters for
use at all types of elections or polls, with a distinguishing
mark, letter, or other symbol as determined by the Member
State, opposite the name of non-national EU voters, indicating
the various elections at which the person is eligible to vote.
This in turn will facilitate the compilation of statistics on the
registration of non-national EU citizens, without compromis-
ing rights to privacy.

7.15.
Suggests that national, regional and local authorities
be called on to play a more active roll in identifying and
informing non-nationals of the procedure for registration and
voting entitlements.

7.16.
Recommends that Member States which do not have
automatic entry onto the register, make provision, if such
provision does not already exist, to facilitate application for
and entry to the electoral register in cases where qualified
voters have not been included in the original register. It will be
a matter for each Member State to determine the provisions
which are most suited to the Member State.

7.17.
Recommends that Member States assist the elderly,
disabled, students, employees and those who may not be in a
position to exercise their right to vote at the polling station
allocated to them on the day of the poll, by providing them
with the facility to vote by other ways.

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7.18.
a view towards 2003 as the European Year for the Disabled.

Recommends that this be developed as priority with

7.19.
Suggests that the derogation mechanism will be of
particular relevance in light of the proposed enlargement of
the EU.

7.20.
Recommends that following the accession of the next
group of candidate countries and following their transposition
law of the Directive and its application in
into national

municipal elections, a further report on the application of the
Directive 94/80/EC be compiled. This second report would be
useful in the evaluation of trends following their accession.

7.21.
Considers that in addition to the questionnaire, an
independent working group should be established to see what
action is being undertaken in Member States to promote
In
registration and turnout of non-national EU citizens.
the spirit of the cooperation protocol with the European
Commission, the CoR should be involved in all stages of the
drawing-up of this report and in the working group.

Brussels, 21 November 2002.

The President

of the Committee of the Regions

Albert BORE

Opinion of the Committee of the Regions on ‘The role of the regional and local authorities in
European integration’

(2003/C 73/15)

THE COMMITTEE OF THE REGIONS,

having regard to the working document of the European Parliament’s Committee on Constitutional
Affairs on The role of the regional and local authorities in European integration (PE 313.402);

having regard to the decision of the European Parliament of 3 September 2002 to consult it on this
matter, under the fourth paragraph of Article 265 of the Treaty establishing the European Community;

having regard to the decision of its Bureau of 2 July 2002 to instruct the Commission for Constitutional
Affairs and European Governance to draw up an opinion on this subject;

having regard to the presidency conclusions of the Laeken European Council of 14 and 15 December
2001, and in particular the Laeken Declaration on the future of the Union;

having regard to the European Commission White Paper on European Governance (COM(2001) 428
final);

having regard to the European Parliament’s report on the division of competences between the European
Union and the Member States (A5-0133/2002);

having regard to the draft conclusions of 29 July 2002 of the European Convention working group on
the principle of subsidiarity (WD09-WG1);

having regard to its preliminary contribution to the Convention of 4 July 2002 (CdR 127/2002 fin);

having regard to its opinion of 13 March 2002 on the White Paper on European Governance (CdR 103/
2001 fin) (1);

(1) OJ C 192, 12.8.2002, p. 24.