Report from the Commission - Fourth Report on Citizenship of the Union (1 May 2001 – 30 April 2004)  {SEC(2004)1280}
Date: 2004-10-26
Institutions: European Commission
Subjects: European Union, European citizenship, report

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.10.2004 
COM(2004)695 final 

. 

REPORT FROM THE COMMISSION 

Fourth Report on Citizenship of the Union 
(1 May 2001 – 30 April 2004) 

{SEC(2004)1280} 

. 

EN 

   EN 

 
 
 
 
 
 
CONTENTS 

1. 

2. 

3. 

3.1. 

3.2. 

3.3. 

3.4. 

3.5. 

4. 

5. 

Introduction .................................................................................................................. 4 

Citizenship of the Union .............................................................................................. 4 

Rights conferred on Union citizens in Part Two of the EC Treaty .............................. 5 

Freedom of movement and the right of residence........................................................ 5 

Equal treatment in terms of nationality under Article 12............................................. 7 

Electoral rights ............................................................................................................. 8 

Right to diplomatic and consular protection ................................................................ 9 

Rights relating to non-judicial means of redress and to language ............................... 9 

Reinforcing citizenship of the Union through the Charter of Fundamental Rights of 
the European Union...................................................................................................... 9 

Conclusions ................................................................................................................ 10 

Annex: references..................................................................................................................... 12 

EN 

2 

   EN 

 
ANNEXES (in SEC(2004)1280) 

PREVIOUS REPORTS ON CITIZENSHIP OF THE UNION 

UNION CITIZENSHIP AS SEEN BY EUROPEANS IN PUBLIC OPINION SURVEYS 

INFORMATION, EDUCATION AND ASSISTANCE CONCERNING CITIZENS’ RIGHTS 

SECONDARY LEGISLATION ADOPTED IN RELATION TO RIGHTS UNDER PART TWO 
OF THE EC-TREATY 

CITIZENS WHO HAVE EXERCISED THEIR RIGHT TO FREE MOVEMENT 

APPLICATION OF THE CHARTER OF FUNDAMENTAL RIGHTS 

LIST OF REFERENCES 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

EN 

3 

   EN 

 
 
1. 

INTRODUCTION

1

Article  22  of  the  Treaty  establishing  the  European  Community  requires  the 
Commission  to  report  to  the  European  Parliament,  the  Council  and  the  European 
Economic  and  Social Committee every three years on the application of provisions 
of Part Two of the EC Treaty (Citizenship of the Union). Reports on citizenship of 
the Union focus consequently on the rights of Union citizens under Part Two of the 
EC  Treaty.  This  is  the  Commission’s  Fourth  Report  on  Citizenship  of  the  Union, 
which covers the period from May 2001 to April 2004. 

The  purpose of  the Report  is  to present  developments relating  to Union citizenship 
and related rights and to assess the need for other provisions strengthening the rights 
of  Union  citizens.  With  this  Report,  the  Commission  fulfils  its  obligation  under 
Article 22 of the EC Treaty. 

2. 

CITIZENSHIP OF THE UNION 

Every person holding the nationality of a Member State is also a citizen of the Union, 
pursuant to Article 17 of the EC Treaty. 

The  importance  of  Union  citizenship  lies  in  the  fact  that  the  Union  citizens  have 
genuine rights under Community law. The rights conferred on citizens of the Union 
by Part Two of the EC Treaty may be grouped in the following four categories: 

–  a  personal  right  to  free  movement  and  residence  subject  to  limitations  and 
conditions laid down in the Treaty and in the secondary legislation (Article 18); 

–  electoral  rights  of  Union  citizens  in  European  parliamentary  and  municipal 
elections in the Member State of residence even if they are not nationals of that 
State  (Article  19),  which  can  be  seen  in  the  framework  of  universal  suffrage 
guaranteed by Article 190; 

–  protection by diplomatic and consular authorities of any Member State in a third 
country where the citizen’s own Member State is not represented (Article 20); and 

–  access to non-judicial means of redress, through access to the Ombudsman and a 

right to petition the European Parliament (Article 21). 

Furthermore, Article 17(2) of the EC Treaty provides that citizens of the Union shall 
enjoy  the  rights  conferred  by  this  Treaty  and  shall  be  subject  to  duties  imposed 
thereby. The most significant of the rights outside Part Two is protection against all 
forms of discrimination on grounds of nationality under Article 12. 

The  Commission  stresses  the  importance  of  information  and  communication 
concerning  the  rights  conferred  by  Union  citizenship.  Citizens  are  entitled  to  be 
aware of these rights. They will feel that the EU is closer them if continuous action is 

1 

The annexes can be found in the accompanying Working Paper SEC(2004)1280. 

EN 

4 

   EN 

 
  
                                                 
taken to improve their general awareness of their rights, to provide them with easy 
access to reliable information about their rights and to feed back their experience. 

Union  citizenship  depends  on  national  rules  as  regards  acquisition  and  loss  of 
citizenship.  Declaration  No  2  on  nationality  of  a  Member  State  appended  to  the 
Maastricht Treaty confirms that the question of whether an individual possesses the 
nationality of a Member State is settled solely by reference to the national law of the 
Member  State  concerned.  Access  to  Union  citizenship  is  thus  defined  through 
national laws on nationality, including conditions for naturalisation. 

Without prejudice to the fact that the Member States alone remain competent in the 
area of nationality laws, the Commission has presented its views on naturalisation of 
legal migrants in the Communication on immigration, employment and integration in 
2003. [1] The 1999 Tampere Council endorsed a long-term objective that long-term 
residents should be offered the opportunity to obtain the nationality of the Member 
State in which they are resident. This would automatically mean gaining citizenship 
of  the  Union  as  well.  The  Communication  sees  the  acquisition  of  nationality  as  a 
means  of  facilitating 
immigrants,  and  makes  a  number  of 
recommendations as regards naturalisation. 

integration  of 

Community  action  in  the  fields  of  education,  training  and  youth  contributes  to 
ensuring that citizens are enabled to participate actively in European democratic life 
and society. In particular, this goal is pursued under the follow-up to the Report on 
the concrete future objectives of education systems [2], and the Commission White 
Paper on “A new impetus for European Youth” [3], adopted in November 2001. The 
main  concern  is  to  make  citizenship  a  reality  by  giving  European  citizens, 
particularly young people, the necessary competences and directly involving them in 
the European integration process. 

3. 

RIGHTS CONFERRED ON UNION CITIZENS IN PART TWO OF THE EC TREATY 

3.1. 

Freedom of movement and the right of residence 

The  Third  Report  on  Union  citizenship  already  described  the  need  for  codification 
and consolidation of Community legislation on free movement and residence in the 
context  of  the  Commission  proposal  [4]  for  a  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 [5]. Directive 2004/38/EC [6] was finally adopted 
on  29  April  2004  and  published  on  30  April  2004.  Member  States  will  have  two 
years, until 30 April 2006, to bring into force the national instruments necessary to 
comply with the Directive.  

The  Directive  marks  a  major  step  forward  in  terms  of  freedom  of  movement  and 
residence in relation to the existing situation in line with the expectations expressed 
by  citizens.  It  has  the  potential  to  make  an  enormous  difference  to  the  lives  of  the 
millions of citizens who currently reside in a Member State other than their own and 
of  the  many  more  who  will  want  to  do  so  in  the  future.  It  will  also  encourage 
mobility  of  Union  citizens  across  the  European  Union,  which  in  return  will  have  a 
positive impact on the competitiveness and growth of European economies. 

EN 

5 

   EN 

 
The Directive, firstly, codifies in a single instrument the complex legislative corpus 
and the rich case-law on free movement and residence, which will make these rights 
clearer and more transparent for Union citizens and for national administrations. The 
Directive  amends  Regulation  (EEC)  No  1612/68  [7]  on  freedom  of  movement  for 
workers and repeals 9 directives [8]. It also replaces Commission Regulation (EEC) 
No 1251/70 [9], which will have to be repealed by the Commission. 

Secondly, it creates a single legal regime for free movement and residence within the 
context of citizenship of the Union while maintaining the acquired rights of workers. 

Thirdly it facilitates the exercise of the right of residence by simplifying conditions 
and formalities, creating a permanent right of residence and reinforcing the rights of 
family members. 

Union citizens will be able to reside in a Member State for three months without any 
other  condition  than  the  requirement  to  hold  a  valid  identity  card  or  passport.  For 
periods longer than three months and up to five years, the right of residence remains 
subject  to  conditions:  Union  citizens  must  either  be  workers  or  self-employed 
persons; or have sufficient resources for themselves and their family members not to 
become a burden on the social assistance system of the host Member State and have 
comprehensive  sickness  insurance;  or,  if  they  are  students,  be  enrolled  in  an 
accredited  educational  establishment,  have  comprehensive  sickness  insurance  and 
assure  the  relevant  national  authorities,  by  means  of  a  declaration  or  by  any 
equivalent means, that they have sufficient resources not to become a burden for the 
social assistance system of the host Member State. 

However, the requirement for a residence card has been abolished for Union citizens. 
It  is  replaced  by  the  possibility  for  Member  States  to  require  Union  citizens  to 
register  with  the  relevant  national  authorities,  who  will  immediately  issue  a 
registration certificate. 

Another  important  innovation  is  the  creation  of  a  permanent  right  of  residence, 
acquired  after  five  years  of  continued  residence  in  the  host  Member  State.  It  is  no 
longer  subject  to  any  conditions.  This  will  greatly  facilitate  the  lives  of  Union 
citizens  who  are  long-term  residents.  It  will  also  entitle  those  of  them  who  are 
inactive, such as retired persons, to full equal treatment with nationals. 

The  Directive  lays  down  clearly  the  right  for  Union  citizens  and  their  family 
members  to  equal  treatment  in  the  host  Member  State  and  expressly  defines  the 
exceptions  from  this  rule.  These  are  that  Member  States  are  not  obliged  to  grant 
persons other than workers, self-employed persons and their family members, social 
assistance  during  the  first  three  months  of  residence  or  maintenance  assistance  for 
studies  prior  to  the  acquisition  of  the  permanent  right  of  residence.  The  Directive 
also  provides  that  an  expulsion  measure  may  not  be  the  automatic  consequence  of 
recourse to the social assistance of a Member State. 

The  Directive  provides,  for  the  first  time,  that  Member  States  must  admit  the 
registered partner of a Union citizen as a family member, provided the host Member 
State treats registered partnerships as equivalent to marriage. In any case, all Member 
States have an obligation to facilitate entry and residence of partners with whom the 
Union citizen has a durable relationship. The Directive reinforces the rights of family 

EN 

6 

   EN 

 
members by granting them an autonomous right of residence in the event of the death 
or departure of the Union citizen or termination of the marriage. 

The Directive better defines the possibility for Member States to restrict the right of 
residence  of  Union  citizens  and  their  family  members  on  grounds  of  public  policy, 
public  security  or  public  health.  It  lays  down  a  series  of  general  principles 
established  by  the  case-law  of  the  Court  of  Justice,  which  Member  States  must 
respect when adopting any restrictions. In particular it provides that measures taken 
on  grounds  of  public  policy  or  public  security  shall  comply  with  the  principle  of 
proportionality  and  shall  be  based  exclusively  on  the  personal  conduct  of  the 
individual concerned. It also introduces a reinforced protection against expulsion in 
the case of permanent residence or if Union citizens have resided in the host member 
State for the previous ten years or if they are minor. 

Relating to the implementation of the existing Community legislation on the right 
of  free  movement  and  residence,  the  Commission  adopted  a  Communication  on 
'Free Movement of Workers - achieving the full benefits and potential' in December 
2002.[10]  In  March  2003,  the  Commission  adopted  its  second  Report  [11]  on  the 
implementation  of  the  three  Directives  [12]  on  the  right  of  residence  of  Union 
citizens  and  their  family  members  who  are  not  economically  active  in  the  host 
Member State, covering the period from 1999 to 2002. 

The Agreement [13] between the European Community  and its Member States and 
the  Swiss  Confederation  on  the  free  movement  of  persons  entered  into  force  on  1 
June  2002.  It  provides  for  the  free  movement  of  persons  for  Union  citizens  and 
Swiss  nationals  on  the  basis  of  the  rules  applying  in  the  EU.  It  grants  the  same 
living, employment and working conditions as those enjoyed by nationals and covers 
the  fundamental  rights  of  entry,  residence,  employment,  establishment  on  a  self-
employed  basis,  study  and  the  right  to  social  security,  on  the  basis  of  non-
discrimination by nationality and equality of treatment. 

Greater intra-Community mobility, including the increasing number of retired Union 
citizens  who  reside  outside  their  home  country,  means  that  more  and  more  Union 
citizens are dying in a Member State of which they are not nationals. This raises the 
problem of repatriation of mortal remains. The European Parliament has called on 
the Commission to see that the standards and procedures applied in the cross-border 
transportation of mortal remains are harmonised throughout the EU.[14] This subject 
can be identified as a possible new area for strengthening the right of free movement. 

3.2. 

Equal treatment in terms of nationality under Article 12 

The Court of Justice gave a number of major judgments strengthening the protection 
of Union citizens in the context of Articles 12, 17 and 18 during the reporting period. 
[15]  It  attaches  particular  importance  to  the  principle  of  non-discrimination  on  the 
grounds of nationality in connection with Union citizenship: the fundamental status 
of Union citizenship enables those who are in the same situation to enjoy within the 
scope of the Treaty the same treatment in law irrespective of their nationality, subject 
to  such  exceptions  as  are  expressly  provided  for.  On  the  other  hand,  different 
situations must not be treated in the same way. Situations falling within the scope of 
Community  law  include  those  involving  the  exercise  of  the  fundamental  freedoms 
guaranteed by the Treaty, in particular of the right of free movement. 

EN 

7 

   EN 

 
3.3. 

Electoral rights 

Elections to the European Parliament are conducted in accordance with principles 
common  to  all  Member  States.  These  were  laid  down  by  Decision  2002/772  [16] 
amending  the  1976  Act  [17]  concerning  the  election  of  members  of  the  European 
Parliament,  which  the  Council  adopted  on  the  basis  of  Article  190(4)  of  the  EC 
Treaty. It took effect on 1 April 2004. 

During the reporting period, electoral rights in elections to the European Parliament 
were  extended  to  Gibraltar,  when  the  United  Kingdom  adopted  national  legislation 
enabling  the  Gibraltar  electorate  to  take  part  in  these  elections  in  May  2003, 
following the “Matthews v. United Kingdom” case [18]. Spain filed a complaint with 
the Commission against the United Kingdom under Article 227 of the EC Treaty in 
July 2003. According to Spain, the new UK legislation violates Articles 17, 19, 189 
and  190  of  the  EC  Treaty  and  Annex  II  to  the  1976  Act.  In  October  2003,  the 
Commission invited the parties to find an amicable solution.[19] Nevertheless, Spain 
brought an action against the United Kingdom before the Court of Justice in March 
2004.[20] 

Political parties at European level contribute to forming a European awareness and 
to  expressing  the  political  will  of  the  citizens  of  the  Union  (Article  191  of  the  EC 
Treaty).  Regulation  2004/2003/EC  [21]  on  political  parties  at  European  level  was 
adopted  in  November  2003.  It  establishes  a  framework  for  financing  European 
political parties from the Community budget. 

Union  citizens  have  the  right  to  participate  in  elections  to  the  European 
Parliament  in  the  Member  State  of  residence.  The  Commission  took  several 
actions to prepare for the 2004 elections to the European Parliament under Directive 
93/109/EC,  including  issuing  a  Communication  with  a  view  to  ensuring  that  all 
Union citizens were able to participate in the June elections.[22] 

As  regards  electoral  rights  of  Union  citizens  in  municipal  elections,  the 
Commission reported to the European Parliament and the Council on the application 
of Directive 94/80/EC [23] in May 2002.[24] The Directive was adapted by the Act 
of  Accession  of  ten  new  Member  States  in  2003  to  add  references  to  basic  local 
government units of the new Member States to the Annex to the Directive.[25] 

As  mentioned  above,  the  right  to  free  movement  has  been  extended  to  cover 
Switzerland. The free movement of persons is also guaranteed for Union citizens and 
nationals  of  Norway,  Iceland  and  Liechtenstein  in  the  European  Economic  Area. 
Electoral rights of Union citizens being corollary to the exercise of the right to free 
movement and residence, the next step could be to establish the right to vote and 
stand as a candidate in local elections, through agreements between the Member 
States and the third countries concerned. Currently, the right to participate in local 
elections  in  the  country  of  residence  exists  between  some  Member  States  and  the 
EFTA countries on the basis of bilateral agreements. 

Recurrent  petitions,  parliamentary  questions  and  public  correspondence  reveal  the 
concerns  of  many  Union  citizens  regarding  a  gap  in  electoral  rights  at  the  present 
level  of  Community  law:  Union  citizens  may  still  be  deprived  of  important  civic 
rights as a result of the exercise of the right to free movement, namely the right to 

EN 

8 

   EN 

 
participate  in  national  or  regional  elections.  The  Member  States  do  not  grant 
electoral rights at national or regional elections to nationals of other Member States 
residing  in  their  territory.  [26]  Before  enlargement,  this  situation  concerned  about 
five million Union citizens of voting age who resided in another Member State. 

3.4. 

Right to diplomatic and consular protection 

Following  completion  of  the  requisite  legislative  procedures  by  all  the  Member 
States,  Decision  95/553  [27]  regarding  protection  for  citizens  of  the  Union  by 
diplomatic  and  consular  representations  of  the  Member  States  in  non-member 
countries entered into force in May 2002. The protection offered by embassies may 
cover  assistance  in  cases  of  death,  serious  accident  or  illness,  arrest  or  detention, 
violent crime, or the relief and repatriation of distressed citizens of the Union. 

3.5. 

Rights relating to non-judicial means of redress and to language 

Union  citizens  are  entitled  to  petition  the  European  Parliament  on  matters 
concerning  them  directly  which  fall  within  the  sphere  of  activities  of  the  European 
Union.  Parliament  received  1283  petitions  in  2001-2002,  of  which  744  were 
admissible,  and  in  2002-2003  it  received  1514  petitions,  of  which  642  were 
admissible.  

The European Ombudsman investigates complaints about maladministration in the 
activities  of  Community  institutions  and  bodies,  with  the  exception  of  the  Court  of 
Justice  and  the  Court  of  First  Instance  acting  in  their  judicial  role.  Mr  Jacob 
Söderman served as European Ombudsman during the reporting period until the end 
of  March  2003.  By Decision 2003/158  [28]  the European Parliament  appointed  Mr 
Nikiforos  Diamandouros  as  European  Ombudsman  in  January  2003  and  he  took 
office in April 2003. The number of the complaints received by the Ombudsman has 
risen  steadily  during  the  reporting  period:  1874  complaints  were  received  in  2001, 
2211 in 2002 and 2436 in 2003. [29] The vast majority of the complaints come from 
private  individuals  (e.g.  in  2002,  2041  complaints  were  sent  directly  by  individual 
citizens), but either fall outside the mandate of the Ombudsman or are inadmissible 
(e.g. 29% of the complaints examined in 2001 appeared to be within the mandate). 

The right to use one’s own language is a reflection of the general principle of good 
administration.  Correspondence  from  the  general  public  to  the  Commission  is 
handled  in  accordance  with  the  Code  of  Good  Administrative  Behaviour,  which 
refers to Article 21 of the EC Treaty as regards correspondence.[30]  

4. 

REINFORCING  CITIZENSHIP  OF  THE  UNION  THROUGH  THE  CHARTER  OF 
FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION 

There is a close link between Union citizenship and the fundamental rights included 
in  the  Charter  of  Fundamental  Rights  of  the  European  Union  [31].  By  establishing 
citizenship of the Union, the Union placed the individual at the heart of its activities. 
The Charter applies the concept of Union citizenship in several provisions [32], and 
it contains a specific Chapter, Chapter V Citizen’s rights, including the rights listed 
in Part Two of the EC Treaty. 

EN 

9 

   EN 

 
On 2001, the Commission  decided that  any  proposal for a legislative instrument or 
any rules and regulations which it adopted would be checked at the drafting stage for 
compliance with the Charter. [33] 

In  September  2002  a  Network  of  fundamental  rights  experts  was  set  up  in 
response to a request from the European Parliament. Its objective is to ensure a high 
degree of expertise in relation to each of the Member States and the European Union 
as a whole. The Network produces an Annual Report on how fundamental rights are 
safeguarded  in  practice.  It  submitted  its  first  report,  the  Annual  Report  2002  to  the 
Commission in March 2003. The Annual Report 2003 was delivered in April 2004. 

To  promote  information  actions  relating  to  fundamental  rights,  a  budget  line  of 
1 million euros was established in the Union budget in 2002. Part of it has been used 
for  the  contract  concerning  the  above-mentioned  Network.  With  the  rest,  the 
Commission  has  financed  projects  to  promote  awareness  of  fundamental  rights  in 
Greece, Italy, Poland, Sweden and the United Kingdom. 

The question of the legal status of the Charter, that is whether to make it mandatory, 
featured  prominently  in  the  debate  of  the  Convention  on  the  Future  of  Europe.  It 
culminated  in  the  incorporation  of  the  Charter  as  Part  Two  of  the  Constitutional 
Treaty, which will make it legally mandatory.  

The Treaty of Nice improved the procedure for detecting a clear danger of a Member 
State committing a serious breach of fundamental rights under Article 7 of the EU 
Treaty.  In  the  Communication  of  October  2003  on  'Article  7  of  the  Treaty  on 
European  Union'[34]  the  Commission  stressed  the  need  for  a  proactive  policy  to 
safeguard  common  values  and  examined  the  material  and  formal  conditions  for 
implementing  Article  7  in  the  event  of  a  serious  and  persistent  breach  or  the  clear 
risk  of  such  breaches  of  common  values.  The  European  Parliament  Resolution  of 
April 2004 supported an inter-institutional dialogue on a set of common criteria and 
the principles governing the opening of the Article 7 procedure. [35] 

A further strengthening of fundamental rights is planned through the establishment of 
an  Agency  of  Fundamental  Rights,  which  will  be  an  extension  of  the  existing 
European  Monitoring  Centre  on  Racism  and  Xenophobia  in  Vienna.  [36]  A  public 
consultation on the future mandate and tasks of the Agency is being launched at the 
moment. 

5. 

CONCLUSIONS 

Citizenship of the Union has developed over twelve years of existence into a source 
of real and concrete rights. 

The Commission finds that the provisions of Part Two of the EC Treaty concerning 
rights  of  Union  citizens  are  applied  on  the  whole  correctly  and  without  serious 
problems.  The  Member  States  have  implemented  the  existing  secondary  legislation 
in  all  areas  covered  by  Part  Two.  The  problems  identified  are  mostly  due  to  bad 
application  and  incorrect  practices  rather  than  to  failure  of  national  legislation  to 
the  proper 
comply  with  Community 
interpretation of Union rules and the proper application of citizens’ rights is crucial. 

Information  concerning 

legislation. 

EN 

10 

   EN 

 
Information  and  communication  activities  must  be  targeted  both  at  Union  citizens 
and at national authorities administering the issues relating to the rights in question. 

The need to strengthen the rights of Union citizens must also be assessed in the light 
of  the  results  of  Intergovernmental  Conference  that  agreed  on  the  Constitutional 
Treaty,  Article  III-13  of  which  corresponds  to  the  existing  Article  22  of  the  EC 
Treaty.  In  any  case,  the  following  issues  can  be  raised  as  potential  subjects  for 
strengthening the rights of Union citizens: 

–  The Commission draws attention to complaints related to the lack of the right of 
non-national Union citizens to vote and to stand as a candidate in national or 
regional  elections  in  the  Member  State  of  residence.  However,  decisions 
concerning possible measures to be adopted under Article 22(2) of the EC Treaty 
still require careful consideration. 

–  The principle of the free movement of persons has been extended to Switzerland, 
and it is also guaranteed in the European Economic Area. The next step could be 
to establish the right of citizens of the contracting parties to vote and to stand 
as  a  candidate  in  local  elections  in  their  country  of  residence.  This  can  be 
achieved through an agreement between the Member States and the third countries 
concerned.  

–  There is no EU-wide provision uniformly governing the repatriation of mortal 
remains  from  one  Member  States  to  another.  The  relevant  standards  and 
procedures  could  be  harmonised  throughout  the  Union.  The  Commission  will 
consider the possible actions needed, on the basis of Article 18 of the EC Treaty. 

–  Article III-11 of the Constitutional Treaty would transfer decision-making powers 
concerning measures to facilitate diplomatic and consular protection of Union 
citizens to the Union and thus strengthen the position of these rights. Measures on 
the basis of this provision would replace measures based on Article 22(2) of the 
EC Treaty. 

Lastly,  the  Commission  underlines  the  value  of  confirming  the  rights  of  Union 
citizens in the Constitutional Treaty by incorporating the Charter of Fundamental 
Rights with mandatory legal status. 

EN 

11 

   EN 

 
ANNEX: REFERENCES 

[N.B.  The  references  are  currently  available  in  the  English,  French  and  German 
versions of the Report. The other language versions follow without delays.] 

(1) 

COM(2003)336. 

(2) 

COM(2001)59. 

(3) 

COM(2001)681. 

(4) 

COM(2001)275. 

(5) 

COM(2001)506, p. 8-9. 

(6) 

European Parliament and Council Directive 2004/38/EC on the right of citizens of the 
Union and their family members to move and reside freely within the territory of the 
Member  States,  amending  Regulation  (EEC)  No  1612/68  and  repealing  Directives 
64/221/EEC,  68/360/EEC,  72/194/EEC,  73/148/EEC,75/34/EEC,  75/35/EEC, 
90/365/EEC, 90/365/EEC and 93/96/EEC, OJ L 158, 30.4.2004. p. 77. 

(7) 

OJ L 257, 19.10.1968, p. 2. 

(8) 

Directives  64/221/EEC,  68/360/EEC,  72/194/EEC,  73/148/EEC,  75/34/EEC, 
75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC. 

(9) 

OJ. L 142, 30.6.1970, s. 24. 

(10)  COM(2002)694. 

(11)  COM(2003)101. 

(12)  Directives 90/364/EEC, 90/365/EEC and 93/96/EEC. 

(13)  OJ L 114, 20.4.2002, p. 6. 

(14)  Resolution 2002/2032(INI), adopted in the plenary 4.12.2003. 

(15)  See  inter  alia  Case  C-184/99  Grzelczyk  [2001]  ECR  I-6193,  paragraph  31;  Case  C-
224/98 D’Hoop [2002] ECR I-6191, paragraph 28, and Case C-148/02 Garcia Avello 
[2003] ECR I-0000, paragraphs 22 and 23. 

(16)  OJ L 283, 21.10.2002. 

(17)  The Act is annexed to Decision 76/787/ECSC, EEC, Euratom of 20 September 1976, 

OJ L 278, 8.10.1976, p. 5. 

(18) 

Judgement of the European Court of Human Rights of 18 February 1999. 

(19)  PV(2003)1632, see Commission press release IP/03/1479 of 29 October 2003. 

EN 

12 

   EN 

 
(20)  Case C-145/04 Spain v. UK, action brought on 18 March 2004, OJ C 106, 30.4.2004, 

p. 43. 

(21)  European  Parliament  and  Council  Regulation  (EC)  No  2004/2003  of  4  November 
2003  on  the  regulations  governing  political  parties  at  European  level  and  the  rules 
regarding their funding, OJ L 297, 15.11.2003, p 1. 

(22)  Directive 93/109/EC laying down detailed arrangements for the exercise of the right to 
vote and stand as a candidate in elections to the European Parliament for citizens of 
the  Union  residing  in  a  Member  State  of  which  they  are  not  nationals,  OJ  L  329, 
30.12.1993,  p.  34.  The  Commission’s  actions  included  the  adoption  of  a  Report  on 
granting  derogation  pursuant  to  Article  19(2)  of  the  EC  Treaty  in  January  2003 
(COM(2003)31); measures to support the application of Article 13 of the Directive on 
exchanging  information  to  prevent  citizens  voting  more  than  once  and  the  above-
mentioned  Communication  of  April  (COM(2003)174)  recommending  that  new 
Member  States  should  transpose  the  Directive  without  delay  and  urging  all  Member 
States  to  take  the  necessary  measures  to  ensure  that  Union  citizens  and  nationals  of 
new Member States residing in their territory are entered on the electoral rolls for the 
2004 elections well beforehand, even before the official date of accession if needed. 

(23)  Directive 94/80/EC laying down detailed arrangements for the exercise of the right to 
vote and stand as a candidate in municipal elections for citizens of the Union residing 
in a Member State of which they are not nationals, OJ L 368, 31.12.1994, p. 38. 

(24)  COM(2002)260. 

(25)  Annex II.2.D to the Act of Accession, OJ L 236 of 23.9.2003, p. 334. 

(26)  With the exception of the UK and Ireland as regards Irish citizens residing in the UK 

and vice versa. 

(27)  Decision  of  the  Representatives  of  the  Governments  of  the  Member  States  meeting 
within  the  Council  of  18  December  1995  regarding  protection  for  citizens  of  the 
European Union by diplomatic and consular representations. OJ L 314, 28.12.1995, p. 
73. 

(28)  OJ L 65, 8.3.2003. 

(29)  See Annual Reports 2001, 2002 and 2003 of the European Ombudsman. 

(30)  The Code of Good Administrative Behaviour for the Commission was established by 
Commission Decision 2000/633/CE, CECA, Euratom, OJ L 267, 20.10.2000, annexed 
to the Rules of Procedure. 

(31)  OJ C 364, 18.12.2000, p 1. 

(32)  See e.g. Article 12(2), 15(2), 39(1), 40, 42, 43, 44, 45(1) and 46. 

(33)  SEC(2001)380. 

(34)  COM(2003)606. 

EN 

13 

   EN 

 
(35)  Resolution adopted on 20 April 2004 on the Commission communication on Article 7 

of the Treaty on European Union, PE 335.128.  

(36)  Conclusions of the Representatives of the Member States, meeting at Head of State or 
Government  level  in  Brussels  on  13  December  2003.  Annex  to  Presidency 
Conclusions of Brussels European Council of 12 and 13 December 2003. 5381/04, p. 
27. 

EN 

14 

   EN