Opinion of the Committee of the Regions on the Fourth Report on Citizenship of the Union and the Communication from the Commission on the Fundamental Rights Agency
Date: 2005-07-06
Institutions: European Committee of the Regions
Subjects: EU office or agency, European citizenship, fundamental rights

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Official Journal of the European Union

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Opinion of the Committee of the Regions on the Fourth Report on Citizenship of the Union and
the Communication from the Commission on the Fundamental Rights Agency

(2006/C 31/02)

THE COMMITTEE OF THE REGIONS,

Having regard to the Fourth Report on Citizenship of the Union — 1 May 2001 — 30 April 2004 —
(COM(2004) 695 final);

Having regard to the Communication from the Commission on the Fundamental Rights Agency
(COM(2004) 693 final);

Having regard to the Proposal for a Council Regulation establishing a European Union Agency for Funda-
mental Rights (COM(2005) 280 final);

Having regard to the decision of the European Commission of 26 October 2004 to consult it on the
Fourth Report on Citizenship of the Union and on the Communication from the Commission on the
Fundamental Rights Agency under the first paragraph of Article 265 of the Treaty establishing the Euro-
pean Community;

Having regard to the decision of the European Commission of 30 June 2005 to consult it, under Article
265(1) of the ECT, on the Proposal for a Council Regulation establishing a European Union Agency for
Fundamental Rights;

Having regard to the decision of its Bureau of 15 June 2004 to instruct its Commission for Constitutional
Affairs and European Governance to draw up an opinion on the Fourth Report on Citizenship of the
Union and the Communication from the Commission on the Fundamental Rights Agency;

Having regard to the Treaty on European Union, with specific reference to Articles 6 and 7, and the
Treaty establishing the European Community, with specific reference to Part II;

Having regard to the Treaty establishing a Constitution for Europe, signed on 29 October 2004, with
specific reference to Articles I — 2, I — 9 and 1-10 and Title VI — the Democratic Life of the Union
under Part I, the Charter of Fundamental Rights which constitutes Part II, and Article III-129 under Part III;

Having regard to its opinion on the Process of drawing up a Charter of Fundamental Rights of the Euro-
pean Union (CdR 327/1999 final (1)), its resolution on the draft Charter of Fundamental Rights of the Euro-
pean Union (CdR 140/2000 final (2)) and its resolution on the approval of the Charter of Fundamental
Rights of the European Union (CdR 381/2000 final (3));

Having regard to its opinion 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 (COM(2001) 257 final — 2001/0111 COD) (CdR 287/2001 final (4));

Having regard to its opinion on the Third Report from the Commission 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 elec-
tions (COM(2002) 260 final) (CdR 121/2002 final (5));

Having regard to its opinion on the Communication from the Commission to the Council, the European
Parliament, the Economic and Social Committee and the Committee of the Regions on an information and
communication strategy for the European Union (COM(2002) 350 final) (CdR 124/2002 final (6));

Having regard to Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004
on the Right of citizens of the Union and their family members to move and reside freely within the terri-
tory of the Member States;

(1) OJ C 156 of 6 June 2000, p. 1
(2) OJ C 22 of 24 January 2001, p. 1
(3) OJ C 144 of 16 May 2001, p. 42
(4) OJ C 192 of 12 August 2002, p. 17
(5) OJ C 73 of 26 March 2003, p. 64
(6) OJ C 73 of 26 March 2003, p. 46

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Having regard to the draft report of the Committee on Civil Liberties, Justice and Home Affairs on the
Promotion and protection of fundamental rights: the role of national and European institutions including
the Fundamental Rights Agency (Rapporteur: Ms K. Gál (- LIBE/6/25781);

Having regard to the EU Network of Independent Experts in Fundamental Rights' Report on the situation
of fundamental rights in the European Union in 2003 (CFR-CDF.rapUE.2003);

Having regard to its opinion (CdR 280/2004 rev. 2) adopted on 22 April 2005 by the Commission for
Constitutional Affairs and European Governance (rapporteur: Ms Claude du Granrut, member of the
Picardy Regional Council, deputy mayor of Senlis (FR/EPP));

1)

2)

3)

4)

5)

6)

7)

WHEREAS Part II of the Treaty establishing the European Community establishes European citizen-
ship; whereas the rights attaching to Union citizenship shall consist primarily of the right to move
and reside freely within the territory of the Member States, to vote and stand as a candidate in muni-
cipal elections in their Member State of residence, to enjoy, on the territory of a third country in
which the Member State of which they are nationals is not represented, the protection of the diplo-
matic and consular authorities of any Member State, to petition the European Union and to apply to
the European Ombudsman; whereas the Treaty establishing a Constitution of Europe reaffirms the
aforementioned rights;

WHEREAS citizenship and fundamental rights are, first and foremost, to be enjoyed at grassroots
level; whereas, in several Member States, local authorities exercise considerable authority in matters
pertaining to public records, official document issuance, education, police, and social assistance,
without which effective citizenship could not be exercised and fundamental rights could not be safe-
guarded;

WHEREAS the Committee of the Regions, in its capacity as representative of local and regional
authorities and guardian of grassroots democracy in the European decision-making process,
considers the implementation of the attributes of European citizenship to be of great relevance;

WHEREAS European citizenship does not replace national citizenship but constitutes an advantage
for citizens as free persons, who are at once responsible and secure, and as economic and political
operators; just as the single market and the solidarity policy underlying the Structural Funds are
beneficial to the Member States' economy and the well-being of their citizens;

WHEREAS the efficacy of the protection and promotion of fundamental rights is the bedrock of all
democracy and constitutes an essential precondition for creating an area of freedom, security and
justice;

WHEREAS the incorporation of the Charter of Fundamental Rights in the Treaty establishing a
Constitution for Europe strengthens the EU's legal obligation to ensure the promotion of funda-
mental rights in all relevant policies within its sphere of competence;

WHEREAS it is essential to guarantee the exercise of their rights to EU citizens throughout the
territory of the European Union.

adopted the following opinion unanimously at its 60th plenary session, held on 6 and 7 July 2005
(meeting of 6 July):

1. The Committee of the Regions' views

The Committee of the Regions,

1.1.2 welcomes the inclusion of
the Charter of Funda-
mental Rights, which places the human being at the centre of
the European project and includes a specific chapter on citizen-
ship,
in the Constitutional Treaty, thus conferring upon the
Charter binding legal force; it further enables the citizens of all
Member States to equate their European citizenship with the
acquisition of new rights and expressions of belonging to this
new community, the European Union;

1.1 Comments on the Commission's Fourth report on Citizenship of

the Union

thanks the Commission for the referral, which satisfies
1.1.1
the Committee's request and sets a useful precedent
that
compensates for the fact that no appropriate legal basis is
provided under the Treaties currently in force (Article 22 of the
Consolidated Treaties) or the Treaty establishing a Constitution
for Europe (Article III-129);

notes that the rights thus conferred under the Charter,
1.1.3
which complete those rights laid down in the Constitutional
Treaty and affect their daily lives, are still not properly under-
stood by European citizens;

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1.1.4 welcomes the general
the Commission's
Fourth report on citizenship of the Union and takes note of
the positive developments in the implementation of European
citizenship and the fundamental rights attaching to it;

thrust of

1.1.5
notes that Article I-10 of the Constitutional Treaty
reiterates and summarises Articles 17 and 22 TEC, clarifies the
application of the right of free movement and residence, the
right to vote and to stand as candidate in elections to the Euro-
pean Parliament and in municipal elections, and henceforth
extends the right to communicate in one's mother tongue,
which had previously applied exclusively to European institu-
tions, to include EU advisory bodies;

1.1.6 welcomes the initiation of dialogue between citizens
and local and regional representatives, especially in respect of
the citizens' need for information regarding the rights and
benefits accruing to them through the application of said rights
by regional and local authorities;

1.1.7
regrets that, in referring to the efforts required in the
field of education to ensure that young people acquire the
necessary skills
the
Commission's fourth report fails to mention the role played by
regional and local authorities, which have responsibility for
education in certain Member States;

as European citizens,

to participate

1.1.8
notes with satisfaction that due to the 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, progress has been made with regard to the right to
move and reside freely, which constitutes a significant step
forward, and provides regulatory clarification that is due for
national implementation by 20 April 2006;

regrets, however,

the failure to mention the local
1.1.9
authorities' responsibility for reception and follow-up formal-
ities on behalf of European citizens on arrival and throughout
their stay in the host Member State, including any changes to
their situation or that of their families, whereas these authori-
ties are responsible for verifying, should the need arise, their
registration, professional or other resources, accommodation,
and eligibility for social assistance during their first five years of
residence;

1.1.10
notes that in cases of death, departure or separation,
the Directive also grants family members an autonomous right
of residence; and welcomes the fact that,
in line with the
Committee's opinion of 21 November 2002 (CdR 121/2002
final) on the relevant proposal for a Directive, the Directive has
extended the definition of family members to include unmar-
ried partners who have equivalent status to married partners in
the Member State of origin;

1.1.11
considers that this measure is indeed justified but
could entail social actions and support from the local authori-
ties of the family's place of residence, which the European legis-
lation fails to take into account;
the Committee therefore
recommends that during the two-year implementation period
for this Directive, steps be taken to address any relevant issues;

1.1.12
is in favour of simplifying procedures for repa-
triating mortal remains in the event of a Union citizen's death
in another Member State and considers that since municipali-
ties are often responsible for burial and cremation, it should be
closely involved in the ongoing drafting process of the relevant
European Commission document;

recalls that Part

1.1.13
the Constitutional Treaty
III of
makes provision for the functioning of the internal market and
the freedom of establishment for EU workers, thus ensuring the
right to work, and thereby entailing the abolition of restrictions
arising from the implementation of national legislation, and the
harmonisation of economic and social rights;

notes that, although it has now become a matter of
1.1.14
common mores that European citizens have the right to vote
and stand for election to the European Parliament
in the
Member State of their residence, there is still a need to intensify
the dissemination and educational efforts made in the run-up
to the 2004 elections, and that their participation in municipal
elections has involved a number of difficulties;

is,

in principle, in favour of Union citizens being
1.1.15
eligible to vote in national elections, but feels that it is not its
role to propose the procedures for such participation; it is also
in favour of Union citizens being eligible to vote in regional
elections and is willing to examine the conditions for their
participation, which would entail the need for Member States
to identify the appropriate ‘regional’
level and the minimum
residence periods required;

1.1.16 welcomes the development of political parties at
European level but regrets the fact that its opinion was not
requested on the proposal for a regulation on the statute and
implementing the
financing of European political parties
second paragraph of Article 191 TEC (7);

is satisfied with the processing of petitions to the
1.1.17
European Parliament and the Ombudsman but is nevertheless
concerned by the number of inadmissible petitions that could
not be followed up;

1.2 Comments on the Fundamental Rights Agency

1.2.1 would like to express an opinion on the sphere of
action, the missions, geographical scope, and structure of this
new body, whose objective is not only to safeguard but also to
promote the fundamental rights of all citizens of present and
future EU Member States;

(7) Article 191 TEC, amending the Nice Treaty, provides that ‘Political
parties at European level are important as a factor for integration
within the Union. They contribute to forming a European awareness
and to expressing the political will of the citizens of the Union.’
These provisions are reaffirmed under Article I-46 (4) of the Consti-
tutional Treaty.

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1.2.2
believes that the Agency must be granted sufficient
intellectual and material resources to fulfil its mission in full
independence;

considers that the Agency's sphere of action should
1.2.3
focus on the application of European law,
the Charter of
Fundamental Rights, now incorporated in the Constitutional
Treaty, and the provisions for
implementation laid down
therein for safeguarding and promoting the rights attaching to
Union citizenship;

under Article I-59 of the Constitutional Treaty, i.e. in cases of
grave and persistent breaches by a Member State of the Euro-
pean Union's fundamental principles, provided that such a
study were conducted following an express referral from the
Council, the European Parliament, or the European Commis-
sion and not at the Agency's own initiative.

2. The Committee of the Regions' recommendations

1.2.4 wishes the Agency's scope to cover all forms of discri-
mination cited under the Charter, especially when directed
against national minorities; and stresses that it will have to be
especially vigilant in those situations where fundamental rights
are continually violated;

The Committee of the Regions,

2.1 European citizenship

considers that

the Agency's core mission should
1.2.5
remain data collection and analysis based on an independent
and reliable methodological tool and a network of experts;

believes that, as proposed,

1.2.6
the Agency should be
granted the authority to address negative as well as positive
recommendations to the European institutions regarding their
legislative and judicial responsibilities;

1.2.7
considers that the Agency should act as an umbrella
network with horizontal competences and the ability to
develop a fundamental rights culture within the European
Union, its Member States and their regional and local authori-
ties, and that, consequently all specialised fundamental rights
bodies, such as the Institute for Gender Equality, should be
attached to it;

the scope of

considers that

1.2.8
the Agency's studies
should be restricted to the territory of EU Member States, appli-
cant countries and associated countries since extending its
scope to third countries, a CFSP sphere of action, would lead to
a dilution of its tasks without adding value to existing interna-
tional provisions, and more specifically to United Nations legis-
lative instruments;

1.2.9
nevertheless, recalls the need for the Agency to draw
up a work programme establishing priorities to ensure its effec-
tiveness;

1.2.10
supports the proposal that the Agency should coop-
erate with the Council of Europe, the national institutions for
the promotion and protection of human rights, and the
network of independent experts, but should not undertake to
conduct studies on a country-by-country basis;

1.2.11 would not be against the Agency conducting a
study under the terms of Article 7 TEU, which are reiterated

recommends that the Charter of Fundamental Rights
2.1.1
be included in the information campaign on the Constitutional
Treaty and that regional and local authorities be involved, since
they are able to reach all citizens and are responsible for the
day-to-day application of the rights enshrined in the Charter;

2.1.2
suggests that regional and local authorities should
play a role in the procedures provided for ensuring the free
movement of Union citizens in order to facilitate their integra-
tion in their Member State of residence;

2.1.3
recommends that European citizens' economic and
social rights be promoted by achieving uniform standards for
these rights throughout the European Union and by striving, in
cooperation with regional and local authorities, to prevent all
forms of discrimination;

urges the parties to forestall, with the Committee's
2.1.4
support, all difficulties that could result
from granting an
autonomous right of residence to the family members of a
Union citizen residing in another Member State in the event of
the latter's departure or death, or the couple's separation, with
particular regard to the family members' right to social protec-
tion and to work;

requests

that municipal

2.1.5
also be
involved in drawing up the European instrument on simpli-
fying procedures for repatriating mortal remains in the event of
a Union citizen's death in another Member State;

representatives

2.1.6
proposes that a recommendation be drawn up to
promote European citizenship courses in schools, an action
that would be led by the European Commission, with the CoR's
participation in its capacity as representative of the authorities
with responsibility for education;

recommends that initiatives such as the European
2.1.7
Year of Citizenship through Education be given an adequate
budget to enable them to carry out actions at both European
and local/regional level;

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2.1.8
recommends that consideration be given to extending
European citizens' political rights by granting them the right to
vote in the regional and national elections of the Member State
of their residence;

2.1.9
recommends that the right to vote in the local elec-
tions of the Member State of residence should not be automati-
cally extended to the nationals of the Contracting States to the
European Economic Area;

2.1.10
suggests that formal procedures be established for
forwarding to the authority with jurisdiction in the matter (for
instance, the national ombudsman, should one exist, or directly
to the regional and local authorities) any inadmissible petitions
or complaints addressed to the European Parliament or
Ombudsman;

2.2 Fundamental Rights Agency

recommends that

2.2.1
the future Fundamental Rights
Agency be granted the material and intellectual resources to
ensure its efficacy and independence;

proposes that

sphere of action be
2.2.2
restricted to the
rights
enshrined in the Charter, and subject to the conditions specified
under Article II-112 of the Constitutional Treaty;

application of

the Agency's

fundamental

the

recommends that the Agency be considered as an
2.2.3
umbrella network with the ability to develop a fundamental
rights culture within the European Union, its Member States
and their regional and local authorities, and that, consequently,
all specialised fundamental rights bodies should be attached to

Brussels, 6 July 2005

it; further recommends that its structure enable it to respond to
diverse fundamental rights aspects, and that it have an annual
or multiannual work programme to ensure its effectiveness;

2.2.4
requests that, in addition to its role as an independent
and reliable body that collects and analyses data with a view to
to the European institutions,
submitting recommendations
including the Court of
the Agency should also be
involved in implementing education and communication poli-
cies for fundamental rights;

Justice,

suggests that

2.2.5
the Agency's geographical sphere of
action be restricted to the Member States of the European
Union;

2.2.6
invites the future European Agency to establish rela-
tions, on the one hand, with the Council of Europe, national
institutions and non-governmental organisations for the protec-
tion of fundamental rights and the network of independent
experts, but also with the regional and local authorities, since
their specific approach is liable to facilitate the Agency's work;
and to deliver an annual report on the fundamental rights situa-
tion in the EU;

2.2.7
proposes that the Agency should act in strict accord-
ance with the terms of Article 7 TEU, which are reaffirmed
under Article I-59 of
i.e. upon
express referral from the Council, the European Parliament, or
the European Commission;

the Constitutional Treaty,

2.2.8
requests that a representative of local and regional
authorities sit on the Management Board of the future Euro-
pean Agency.

The President

of the Committee of the Regions

Peter STRAUB