EU CITIZENSHIP REPORT 2010 Dismantling the obstacles to EU citizens’ rights
Date: 2010-10-27
Institutions: European Commission
Subjects: European citizenship, private international law, report, social rights, technical barriers to trade

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EUROPEAN COMMISSION 

Brussels, 27.10.2010 
COM(2010) 603 final 

EU CITIZENSHIP REPORT 2010  

Dismantling the obstacles to EU citizens’ rights 

{COM(2010) 602 final} 
{COM(2010) 605 final} 

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EU CITIZENSHIP REPORT 2010  

Dismantling the obstacles to EU citizens’ rights 

1. 

INTRODUCTION 

The concept of citizenship of the European Union1, introduced by the Treaty of Maastricht in 
1992, added a new political dimension to the hitherto primarily economic nature of European 
integration.  Every  person  holding  the  nationality  of  an  EU  Member  State  is  now  also 
automatically  a  citizen  of  the  European  Union.  EU  citizenship  does  not  replace  national 
citizenship. Instead, it confers upon all EU citizens an additional set of rights, guaranteed by 
the EU Treaties, which lie at the heart of their everyday lives. 

As  the  Court  of  Justice  of  the  European  Union  has  stated  on  several  occasions2,  EU 
citizenship  is  destined  to  be  the  fundamental  status  of  Member  States'  nationals,  enabling 
those who find themselves in the same situation to enjoy within the scope of the Treaty the 
same  treatment  in  law  irrespective  of  their  nationality.  Accordingly,  EU  citizenship  has 
enhanced  individual  rights  significantly.  The  Court  has,  in  particular,  ruled  that  citizens  are 
entitled to reside in another Member State purely as citizens of the Union3, thus recognising 
EU citizenship as a source of free movement rights4. 

The  entry  into  force  of  the  Lisbon  Treaty  strengthened  the  notion  of  EU  citizenship  and  its 
accompanying rights in several ways. The rights of EU citizens are specifically listed in the 
Treaty on the Functioning of the European Union (TFEU) and it is made clear that the list is 
not exhaustive5. In addition, the right of EU citizens in third countries to enjoy protection by 
the consular and diplomatic authorities of all Member States is enshrined as a clear individual 
right  in  Article  20(2)(c)  TFEU  and  expounded  in  Article  23  TFEU,  which  also  gives  the 
Commission  the  power  to  initiate  legislation  in  this  field.  Moreover,  the  Lisbon  Treaty 
complements  citizenship  rights  by  introducing  a  new  right,  the  Citizens’  Initiative,  which 
enables one million citizens to invite the Commission to bring forward legislative proposals6. 
The  citizens'  perspective  is  reaffirmed  in  the  new  definition  of  members  of  the  European 
Parliament as "representatives of the Union's citizens"7 and not simply as "representatives of 
the peoples of the States brought together in the Community"8. 

The  rights  inherent  in  EU  citizenship  are  further  enshrined  in  the  Charter  of  Fundamental 
Rights of the EU9. This legally binding Charter represents a major step forward in terms of the 
EU’s political commitment toward fundamental rights. According to the Charter’s Preamble, 

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The concept of ‘Citizenship of the Union’ (as defined in Article 20 of the Treaty on the Functioning of 
the European Union’) will be referred to simply as ‘EU citizenship’ in this text. 
See, for instance, Case C-184/99 Grzelczyk [2001] ECR I-6193, paragraph 31. 
Article 21(1) TFEU specifies that this right may be subject to certain limitations and conditions. 
See,  for  instance,  Cases  C-413/99  Baumbast  and  R  [2002]  ECR I-7091,  paragraph  84,  and  C-200/02, 
Zhu and Chen [2004] ECR I-9925, paragraph 26. 
Article 20(2) TFEU. 
Article 11(4) TEU. 
Article 14(2) TEU. 
Article 189 of the Treaty establishing the European Community. 
Chapter V, ‘Citizens’ rights’. 

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the Union ‘places the individual at the heart of its activities, by establishing a citizenship of 
the Union and by creating an area of freedom, security and justice’. 

EU citizenship rights are firmly anchored in primary EU law and substantially developed in 
secondary law. Those who are taking advantage of the European project by extending aspects 
of their life beyond national borders, through travel, study, work, marriage, retirement, buying 
or  inheriting  property,  voting,  or  just  shopping  online  from  companies  established  in  other 
Member States, should fully enjoy their rights under the Treaties.  

However,  a  gap  still  remains  between  the  applicable  legal  rules  and  the  reality  confronting 
citizens  in  their  daily  lives,  particularly  in  cross-border  situations.  The  large  number  of 
complaints  and  enquiries  the  Commission  receives  every  year10,  recent  Eurobarometer 
surveys, discussions with stakeholders, the outcome of a public consultation concluded on 15 
June 2010 and a conference on ‘EU citizens’ rights – the way forward’ that took place on 1 
and  2  July  2010,  provide  ample  evidence  of  the  many  obstacles  standing  in  the  way  of 
citizens’ enjoyment of their rights. 

The  importance  of  making  EU  citizenship  more  effective  in  practice  has  been  stressed  on 
several occasions. In his report ‘The citizen and the application of Community law’ of 8 June 
200811,  Alain  Lamassoure,  Member  of  the  European  Parliament,  illustrated  vividly  the 
barriers  facing  Europeans  when  they  seek  to  exercise  their  rights.  The  report  described 
various administrative hurdles, and concluded that European policies should be built around 
the rights and needs of EU citizens and deliver concrete results.  

In  addition,  the  European  Parliament’s  report  on  ‘Problems  and  prospects  concerning 
European  citizenship’  of  20  March  200912  detailed  persistent  obstacles  to  the  cross-border 
enjoyment of rights. It called on the Commission to list these obstacles and to make concrete 
proposals  for  addressing  them,  following  a  consultation  of  civil  society.  Finally,  the 
Stockholm  Programme,  the  EU’s  work  programme  in  the  field  of  Freedom,  Security  and 
Justice  for  the  period  2010-2014,  puts  the  citizen  at  the  heart  of  European  policies  in  this 
field. 

There  are  approximately  500  million  citizens  in  the  European  Union’s  27  Member  States. 
This Commission's political objective is that EU citizenship progresses to become a tangible 
reality  in  their  daily  lives.  This  is  why,  President  José  Manuel  Barroso,  in  his  3  September 
2009  political  guidelines  for  the  new  Commission,  stressed  the  need  to  reinforce  EU 
citizenship, by revitalising the link between the citizens and the EU and by giving real effect 
to  their  rights.  He  stated  that  ‘EU  citizens  still  face  numerous  obstacles  when  they  try  to 
source goods and services across national borders. They should be able to make use of their 
rights  as  EU  citizens  in  the  same  way  as  they  use  their  rights  as  national  citizens.  The 
Commission will draw up a comprehensive report on these obstacles for citizens and propose 
how they can best be removed, together with the report on the obstacles still persisting in the 
internal market’. 

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In 2009, the Europe Direct Contact Centre had received 25,721 enquiries from citizens on cross border 
issues  (travelling,  buying  and  selling,  studying,  working  and  living  in  other  Member  States):  EDCC 
annual  activity 
report  2009,  available  at  http://ec.europa.eu/europedirect/docs/statistics/edcc-
report_year_2009_light.pdf. 
http://www.alainlamassoure.eu/liens/975.pdf. 
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P6-TA-2009-
0204&language=EN&ring=A6-2009-0182. 

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The  present  report  delivers  on  President  Barroso’s  political  commitment  to  obtain  a 
comprehensive overview of the obstacles citizens still face and to propose how they can best 
be removed. It is issued in parallel with the Communication "Towards a Single Market Act: 
For a social market economy (in the following: Single Market Act Communication)"13, which, 
for its part, focuses on the elimination of obstacles by Europeans when exercising their rights 
conferred  to  them  by  the  Single  market  acquis,  i.e.  when  they  are  acting  as  economic 
operators within the Single market, for instance as entrepreneurs, consumers or workers. 

The  EU  Citizenship  Report  and  the  Single  Market  Act  Communication  are  complementary 
initiatives designed to overcome the persistent fragmentation of the EU as regards matters of 
direct interest to citizens and to deliver on the commitment to build a Citizens' Europe and a 
well functioning Single market which matches citizens' needs and expectations  

The  creation  of  the  Commission's  new  ‘Justice,  Fundamental  Rights  and  Citizenship’ 
portfolio, which has responsibilities covering civil justice and consumer legislation as well as 
fundamental  rights  and  non-discrimination  policies,  underlines  the  political  importance 
attached  to  these  issues.  The  focus  on  citizenship  issues  extends  to  the  entire  Commission 
because  removing  obstacles  to  citizens'  daily  lives  requires  close  cooperation  within  the 
Commission and with the other institutions and stakeholders, including national parliaments. 
This  requires  overcoming  an  ‘organigramme  logic’.  The  implementation  of  some  of  the 
actions proposed is ensured by the mechanisms foreseen in Europe 2020 flagship initiatives14.  

Consequently,  this  report  shows  how  EU  citizenship  -  the  essential  link  to  the  EU  -  brings 
rights and benefits to citizens. It describes main obstacles that citizens still encounter in their 
daily  lives  when  they  exercise  their  EU  rights  across  national  borders  and  outlines  the 
measures envisaged to empower them to enjoy their rights. 

The EU Citizenship Report 2010 is accompanied by the following two documents: 

–  Report on progress towards effective EU Citizenship 2007-2010 (Report under Article 25 

TFEU)15; 

–  Report on the evaluation of the 2009 European Parliament elections16. 

2. 

TARGETING THE OBSTACLES FACED BY CITIZENS IN THEIR DAILY LIVES  

EU citizens may encounter obstacles in the enjoyment of their rights in various roles in their 
lives:  either  as  private  individuals,  consumers  of  goods  and  services,  students  and 
professionals  or  as  political  actors.  The  Commission  has  identified  25  main  obstacles  that 
citizens may confront throughout their lives based on their complaints.  

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COM(2010) 608. 
Communication  from  the  Commission:  Europe  2020:  A  strategy  for  smart,  sustainable  and  inclusive 
growth (COM (2010) 2020 final of 3.3.2010). 
COM(2010) 602. 
COM(2010) 605. 

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2.1. 

Citizens as private individuals 

2.1.1.  Uncertainty regarding property rights of international couples  

More and more citizens are moving across national borders to EU countries other than their 
own, where they study, work, live – and fall in love. An increasing number of couples live in 
a  Member  State  of  which  they  are  not  nationals.  Out  of  the  approximately  122  million 
marriages in the EU, around 16 million (13%) have such a cross-border dimension. In 2007, 
out of the 2, 4 million marriages in the EU, they represented about 300,000 couples; this was 
also  the  case  for  140,000  (13%)  of  the  1,040, 000  divorces  that  took  place  in  the  EU  in  the 
same year.  

For these international couples, it is often difficult to know which courts have jurisdiction and 
which laws are applicable to their personal situation and financial aspects (e.g. jointly owned 
house or bank accounts). As a result, they face unintended and disadvantageous consequences 
in the daily management of their assets, upon a separation or the death of a spouse.  

Vicente, who is Spanish, and Ingrid, who is Dutch, are married and live in the Netherlands. 
They  would  like  to  buy  a  house  together  in  France.  However,  they  would  first  like  to  know 
which  law  would  apply  to  the  purchase  and,  more  generally,  the  property  they  would  own 
together if they were to separate or if one of them died: Would it be Spanish, Dutch or French 
law? Could they choose the law they would like to apply? Would it be possible to make sure 
that  a  court  which  one  day  might  have  to  deal  with  their  divorce  or  with  their  succession 
would also be competent to deal with the division of their assets? 

The Commission:  

(1) 

will make it easier for international couples (either married or registered partners) to 
know  which  courts  have  jurisdiction  and  which  law  applies  to  their  property  rights 
(e.g. a jointly owned house) by proposing a legislative instrument in 2011.  

2.1.2.  Cumbersome  and  costly  formalities  regarding  cross-border  recognition  of  civil 

status documents and difficult cross-border access to justice  

It  is  paramount  for  citizens  who  move  to  other  Member  States  to  have  recognition  of  civil 
status  documents  concerning  their  ‘life  events’  (e.g.  birth,  marriage,  registered  partnership, 
divorce, adoption or name). Member States' registries and administrative systems vary across 
the  EU,  causing  problems  for  such  cross-border  recognition.  Moreover,  these  life  events 
might  not  be  recognised  by  all  Member  States.  Citizens  are  thus  obliged  to  go  through 
cumbersome and costly formalities (translation, additional proof of authenticity of documents) 
which might even make it impossible for them to enjoy their rights.  

Michal is from Cyprus and wants to marry Sanna from Finland, but he is required to produce 
a certificate of no impediment, which does not exist under Cypriot law. 

Citizens should be able to enjoy the same access to civil and criminal justice in other Member 
States  as  they  do  in  their  own  country.  In  2007,  an  estimated  9  million  EU  citizens  were 
engaged in cross-border procedures related to civil justice alone17. Over half of the Europeans 

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Flash Eurobarometer 292, "Civil justice", November – December 2008. 

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polled in 2007 believed it would be very or fairly difficult for them to go to court to enforce 
their rights in another Member State because they lacked knowledge of the procedural rules.  

Daniel, who is German, has found a house that he would like to buy in Romania. His lawyer 
needs to find a notary and a legal translator and to determine the procedure for conducting a 
search in the land register. 

The Commission: 

(2) 

(3) 

will facilitate the free circulation of civil status documents (e.g. birth certificates) by 
proposing legislative instruments in 2013; 

will enable both citizens and legal practitioners to easily find multilingual information 
on justice via the European e-Justice web portal18. 

2.1.3. 

Insufficient protection of suspected and accused persons in criminal proceedings and 
of victims of crimes  

A  growing  number  of  EU  citizens  are  involved  in  criminal  proceedings  in  a  Member  State 
other  than  their  country  of  origin.  These  citizens  often  do  not  understand  or  speak  the 
language  of  proceedings.  As  a  result,  they  may  face  additional  difficulties  in  defending 
themselves and exercising their fair trial rights. There are differences in how Member States 
provide interpretation and translation services.  

Martin,  a  Slovak  football  fan,  was  arrested  in  Portugal  after  a  football  game  and  charged 
with  assault.  As  he  did  not  speak  Portuguese  but  could  understand  English,  he  asked  for 
interpretation 
interpreter,  who  had  no  professional 
qualifications,  assisted  him  during  the  trial.  He  was  represented  by  a  lawyer  with  no 
knowledge of English and the interpreter was not present at Martin's short meetings with him. 
None of the documents in the file were translated into English.  

in  English.  A  court-appointed 

The  Commission  is  ensuring  that  the  rights  of  suspected  and  accused  persons  in  criminal 
proceedings are guaranteed throughout the European Union19.  

More than 30 million people across Europe report being a victim of crime every year20. There 
is evidence that many more people were victims and do not report the crimes. The European 
Union  already  has  legislation  in  place  establishing  minimum  standards  for  the  treatment  of 
victims21, but it has been poorly implemented and, given its intergovernmental nature, cannot 
be  properly  enforced,  resulting  in  victims  either  not  having  access  to  all  their  rights  or  in 
Member  States  providing  rights  in  different  ways.  Victims  cannot  be  certain  that  they  will 
receive  the  same  rights,  support  and  protection  when  they  travel  or  move  abroad.  More 
generally, people who fall victim to crime across Europe cannot be certain that the needs they 
have  –  to  be  recognised  as  victims,  to  be  respected  and  treated  with  dignity,  to  receive 
support, to have access to justice and to receive compensation and restitution – will be met.  

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https://e-justice.europa.eu. 
Directive of the European Parliament and of the Council on the rights to interpretation and to translation 
in criminal proceedings (Directive 2010-801/EU) and Proposal of 20 July 2010 for a Directive on the 
right to information in criminal proceedings - COM(2010) 392. 
Eurostat Statistics in focus – 36/2009. 
Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal 
proceedings (OJ L 82, 22.3.2001, p. 1). 

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For instance, many Member States do not ensure that the victim and the suspected offender 
remain separated during proceedings. 

Anna  was  mugged  and  beaten  on  the  street.  Her  attacker  was  caught  and  she  found  the 
courage to go to court to testify. However, whilst waiting in the court, her attacker saw her 
and  made  threatening  gestures.  Anna  was  too  frightened  to  give  evidence  that  day  and  the 
case was dropped.  

The Commission: 

(4) 

will  further  improve  the  protection  of  persons  suspected  and  accused  in  criminal 
proceedings, including safeguarding suspects’ access to a lawyer and communication 
with the outside world while in detention, by proposing two legislative instruments in 
2011; 

(5) 

will improve the protection of victims of crime by proposing a package of measures, 
including a legislative instrument, in 2011. 

2.1.4.  Taxation problems in cross-border situations, in particular regarding registration of 

cars 

An  increasing  number  of  Europeans  are  acquiring  real  estate  outside  their  home  Member 
State.  In  2007,  the  volume  of  cross-border  sales  and  purchases  of  real  estate  was  10  times 
greater  than  the  figure  in  2002,  rising  to  a  value  of  €55  billion.  The  application  of  certain 
national  taxation  rules  on  these  transactions  may  render  cross-border  acquisition  of  real 
property, in particular of homes, more difficult than acquisitions confined in all respects to the 
national territory.  

Another  rising  phenomenon  is  people  inheriting  (or  receiving  gifts)  across  borders  (e.g. 
testator/donor resident in another country or assets located in a country other than the one in 
which  the  beneficiary  lives).  Inheritances  or  gifts  of  foreign  assets  are  often  taxed  more 
heavily than domestic ones. It also frequently occurs that such inheritances or gifts are taxed 
by  more  than  one  Member  State  and  that  existing  mechanisms  to  avoid  double  taxation  are 
inadequate.  

Hélène, who resides in Belgium, inherited assets located in Ireland from her Belgian father, 
who  lived  and  passed  away  in  Belgium.  The  Irish-located  assets  were  double-taxed  as 
Belgium applied its inheritance tax to these assets and Ireland levied tax on their value.  

More generally, the tax problems that EU citizens face also include discriminatory treatment 
of cross-frontier workers (such as a ban on deducting personal allowances) and cross-border 
investments (e.g. dividend taxation), as well as difficulties in communicating with foreign tax 
administrations,  lack  of  clear  information  on  cross-border  tax  rules,  time-consuming 
procedures for obtaining double tax relief and complicated claim forms. 

The Commission will examine in 2010 possible solutions to the taxation problems faced by 
EU  citizens  in  cross-border  situations  in  an  initiative  "Removing  tax  obstacles  for  EU 
citizens". Relevant issues are presented in detail in the Single Market Act Communication. 

When  buying  a  car  in  another  Member  State  or  transferring  it  to  a  Member  State  different 
from  that  where  it  was  bought  (e.g.  when  changing  residence),  EU  citizens  are  frequently 
faced  with  cumbersome  re-registration  formalities  and  paperwork  and,  possibly,  double 

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payment  of  registration  tax,  because  national  laws  on  taxation  of  the  first  registration  are 
applied in an uncoordinated manner. 

Aurel who lives in the Netherlands, reaches retirement and decides to change his permanent 
residence to Greece where he has a holiday house. He had previously bought and registered 
his  car  in  the  Netherlands.  When  moving  to  Greece,  he  will  have  to  re-register  his  car  in 
Greece and pay registration tax there. The amount of registration tax to be paid will take into 
account the age of the vehicle. However, he will not be able to obtain a partial refund of the 
registration  tax  previously  paid  in  the  Netherlands,  meaning  that  his  car  will  be  subject  to 
registration tax twice. 

The Commission: 

(6) 

will  simplify  the  formalities  and  conditions  for  the  registration  of  cars  previously 
registered  in  another  Member  State  by  proposing  a  legislative  instrument  in  2011.  It 
will  also  take  action  in  cases  where  the  tax  treatment  of  cars  is  discriminatory  and 
work  on  solutions  to  double  registration  taxes  on  cars  which  can  hinder  the  free 
movement of citizens and goods. 

2.1.5.  European  citizens  do  not  fully  benefit  from  cross-border  healthcare  and  eHealth 

technology  

EU citizens who fall ill or suffer an injury while travelling for business or pleasure or staying 
for  instance  to  study  in  another  Member  State  have  the  right  to  receive  the  same  access  to 
health care as nationals of that Member State. Access to health care services during temporary 
stays  abroad  is  facilitated  by  the  European  Health  Insurance  Card,  which  is  at  present 
distributed to 188 million European citizens, i.e. around 37% of the total EU population.  

Moreover, EU citizens can rely on EU rules concerning the coordination of social security to 
receive the planned treatment abroad subject to prior authorisation, which can only be refused 
under  specific  circumstances.  In  this  case  the  citizen  can  receive  healthcare  in  another 
Member State as if he/she had been insured there. In addition, there is another reimbursement 
scheme for planned healthcare abroad possible by relying directly on the freedom to provide 
services.  

Generally, however, cross-border healthcare in the EU is limited, accounting for an estimated 
1% of public healthcare expenditure, including emergency care22. Patients do not always have 
access to relevant information on essential aspects of cross-border healthcare, including their 
rights to reimbursement for healthcare provided in other Member States. This situation creates 
uncertainty and distrust, hampering the exercise by patients of their right to seek healthcare in 
another EU country.  

Moreover, eHealth can enable continuity of care within and across national borders, leading to 
better  care.  However  many  legal  and  organisational  barriers  (e.g.  fragmentation  of  rules  on 
the  protection  of  personal  data  across  the  EU,  reimbursement  schemes  and  lack  of  pan-

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Commission Staff Working Document accompanying the Proposal of a Directive on the application of 
patients' rights in cross-border healthcare - Impact assessment (2 July 2008) http://wcmcom-ec-europa-
eu-
wip.wcmvue.cec.eu.int:8080/health/archive/ph_overview/co_operation/healthcare/docs/impact_assessm
ent_en.pdf. 

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European  interoperability),  hamper  the  deployment  of  eHealth  technologies  in  Europe.  This 
prevents EU citizens from enjoying the benefits of eHealth, when needing medical assistance 
abroad.  eHealth  technologies  can  reduce  inequalities  in  access  to  treatment,  improve  the 
quality of care, make access to personal health data easier and safer for patients, minimise the 
risk  of  medical  errors  or  contribute  to  the  early  detection  of  health  problems.  For  instance, 
home telemonitoring of heart patients can improve survival rates by 15%. ePrescriptions can 
reduce errors in drugs dosage by 15%.  

Dorota,  who  is  Polish,  finds  out  she  needs  a  heart  operation.  She  would  prefer  to  have  the 
operation in Latvia, so that her son can take care of her during her convalescence. However, 
she  does  not  know  whether  she  is  entitled  to  healthcare  there  and,  if  so,  how  she  can  get 
reimbursed for the operation and the home telemonitoring that she will need afterwards.  

The Commission is proposing to ensure more effective access to cross-border healthcare by 
providing clearer rules on reimbursements, procedural guarantees and transparent information 
about healthcare available in other countries, by improving trust in the safety and quality of 
cross-border  care  and  by  helping  patients  exercise  their  rights  to  reimbursement  for  health 
treatment  in  any  EU  country23.  As  announced  in  the  Digital  Agenda  for  Europe24,  the 
Commission is supporting the widespread deployment of telemedicine services and of cross-
border exchange of electronic medical record information and ePrescriptions, whilst ensuring 
the respect of EU rules on protection of personal data. 

The Commission: 

(7) 

is proposing to facilitate access to cross-border healthcare and is also putting in place 
pilot actions to equip Europeans with secure online access to their medical health data 
and  to  achieve  widespread  deployment  of  telemedicine  services  by  202025.  The 
Commission  will  also  recommend  a  minimum  common  set  of  patient  data  for 
interoperability  of  patient  records  to  be  accessed  or  exchanged  electronically  across 
Member States by 201226. 

2.1.6.  The right to consular protection for EU citizens in distress in third countries is not 

fully effective 

EU citizens who travel to a non-EU country in which their home Member State does not have 
an embassy or consulate have the right to consular protection by any other Member State. The 
EU Member State's embassy or consulate should treat them in the same way they would treat 
their  own  nationals.  The  number  of  EU  citizens  travelling  to  third  countries  has  increased 
from  over  80  million  trips  in  2005  to  over  90  million  in  200827.  More  than  30  million  EU 
citizens live permanently in a third country, but only in three countries (United States, China 
and Russia) are all 27 Member States represented. With more and more Europeans travelling 

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in  cross-border  healthcare 

Commission Proposal for a Directive of the European Parliament and of the Council on the application 
of  patients' 
(2  July  2008)  http://wcmcom-ec-europa-eu-
wip.wcmvue.cec.eu.int:8080/health/archive/ph_overview/co_operation/healthcare/docs/com_en.pdf. 
Communication  from  the  Commission:  A  Digital  Agenda  for  Europe  (COM(2010)245  final/2  of 
26.8.2010. 
Key action 13 of the Digital Agenda for Europe; see also the Single Market Act Communication. 
Key action 14 of the Digital Agenda for Europe. see also the Single Market Act Communication. 
Eurostat  database  on  population,  section  on  tourism;  data  include  holiday  and  business  trips  of  more 
than one day. 

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for business or pleasure to third countries28, there is a rising need for consular assistance of 
unrepresented EU citizens. 

The  effectiveness  of  EU  citizens’  right  to  consular  protection  remains  to  be  proven.  Even 
though there is a lack of systematic data, it is clear from complaints and reported cases that 
EU  citizens  and,  at  times,  consular  officials,  are  not  yet  sufficiently  aware  that  EU  citizens 
have the right to turn to other embassies or consulates and are not sure what kind of help can 
be given. EU citizens have high expectations: in a recent survey29 a majority (62%) said they 
would expect the same kind of help no matter which Member State they ask, whereas almost a 
third (28%) expect at least a minimum level of assistance provided by any Member State. 

There  are  as  yet  few  legal  rules  in  place.  The  Lisbon  Treaty  empowers  the  Commission  to 
propose  directives  on  the  coordination  and  cooperation  measures  necessary  to  facilitate  the 
right  to  consular  protection.  Recent  crises  (e.g.  earthquakes  in  Haiti  and  Chile,  Iceland's 
volcanic  ash  cloud)  have  demonstrated  the  need  for  efficient  coordination  and  also  some 
burden-sharing  among  Member  States.  During  a  crisis,  unrepresented  Member  States' 
nationals need to be helped as promptly and efficiently as citizens of the Member States that 
are carrying out the evacuations.  

Natasha,  a  Slovenian  citizen,  was  a  victim  of  an  armed  robbery  during  her  holiday  in  the 
Caribbean. She was injured and her passport and money were stolen. She is wondering how 
to  quickly  find  an  English-speaking  doctor  and  how  to  get  the  necessary  funds  and  travel 
documents for a return flight following her recovery. 

The Commission: 

(8) 

will  increase  the  effectiveness  of  the  right  of  EU  citizens  to  be  assisted  in  third 
countries, including in times of crisis, by the diplomatic and consular authorities of all 
Member  States,  by  proposing  legislative  measures  in  2011  and  by  better  informing 
citizens via a dedicated website and targeted communication measures. 

2.2. 

Citizens as consumers 

2.2.1.  Lack  of  awareness  and  insufficient  enforcement  of  citizens’  rights  when  buying 

holiday packages, as passengers and as tourists  

Many  EU  citizens  travel  to  other  EU  countries  on  holiday.  For  example,  in  2009,  37%  of 
Germans,  34%  of  UK  citizens  and  16%  of  Italians spent their main  holidays in  another  EU 
country  (compared  to  23%,  30%  and  13%  outside  the  EU)30.  As  a  result,  EU  citizens  often 
become aware of their EU rights, or of the deficiencies in their enforcement, while on holiday. 

56% of Europeans organise their holidays themselves, taking advantage of the internet and the 
growth  of  low-cost  air  carriers31.  However,  they  are  not  covered  by  the  existing  EU  rules 
protecting buyers of package travel. The increasing trend towards ‘dynamic packages’32 has 

28 
29 
30 
31 
32 

The World Tourism Organisation expects further significant growth for the period 2010-2020. 
Flash Eurobarometer 294 ‘EU Citizenship’, March 2010. 
Flash Eurobarometer 281 ‘Survey on the attitudes of Europeans towards tourism’, October 2009. 
Flash Eurobarometer 258 ‘Survey on the attitudes of Europeans towards tourism’, February 2009. 
Travel arrangements where two or more items or services for a single holiday or trip, such as flights, 
accommodation  or  car  rental,  are  offered  at  the  same  time  and  from  the  same  company  or  from 

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created legal grey areas where consumers do not know whether their travel arrangements are 
protected.  67%  of  consumers  surveyed  who  bought  a  ‘dynamic  package’  wrongly  believed 
that  they  were  protected.  It  is  estimated  that  the  annual  detriment  to  those  who  purchase 
dynamic  packages  accounts  for  € 1 billion  annually 33.  In  addition,  the  national  laws 
transposing these rules vary and cause problems for consumers who wish to buy their package 
holiday in another Member State.  

Dagmara books a holiday (flight, hotel accommodation for four nights and car rental) on the 
internet. She discovers that the bathroom has no water and complains at the reception desk. 
The  receptionist  tells  her  that  there  are  no  more  available  rooms.  She  calls  the  internet 
company where she made the booking and is told that she has to solve this problem with the 
hotel herself. She wastes three hours trying to solve the problem and pays an additional €500 
for a room in another hotel. She later finds out that, if her holiday package had been covered 
by the EU rules, the organiser would have been financially responsible and obliged to offer 
her assistance, e.g. an alternative room or hotel. 

Notwithstanding the existence of EU legislation granting rights to passengers travelling by air, 
rail  and,  as  of  2012,  also  by  water,  as  well  as  on-going  awareness-raising  efforts34,  only  a 
minority  of  European  travellers  are  aware  of  their  rights  and  know  how  and  where  to  seek 
redress. The total number of complaints and enquiries made by air passengers reaches around 
68, 000  every  year35  and  reveals  difficulties  encountered  by  passengers  wishing  to  lodge 
claims with air carriers. 

Further  difficulties  stem  from  divergent  air  carrier  business  practices  –  such  as  the  new 
limitations on size and weight of checked-in and hand luggage – and their different complaint 
handling procedures, which may confuse passengers, or from business practices that may be 
perceived as unfair (such as the ‘no-show policy’ whereby airlines require passengers to use 
flights bought under the same travel contract consecutively, otherwise they are not allowed to 
board the subsequent flight). Frustration may also result from the lack of a single authority in 
each Member State to which passengers can complain. 

Alessandro had informed the airline company that he had broken his leg and he would need 
assistance. However, such assistance was only organised at his insistence on the spot and he 
had to wait for more than an hour to get it. His flight had a lengthy delay and his luggage did 
not turn up when he arrived. He had to complain to three different bodies and was given very 
little explanation about his rights. 

EU citizens with disabilities face additional obstacles regarding access, among others, to the 
built environment, to transportation, information and a range of goods and services, including 
when they move within their countries or to other Member States. One in six EU citizens have 
a disability and this proportion will rise as the population ages: already 35% of persons over 
65 report being hampered to some extent in their daily lives and 15% of those between 65 and 
74 describe themselves as severely hampered.  

33 

34 
35 

companies that are commercially linked (for instance, airlines and car rentals or hotels) but excluding 
packages that are already offered as such, i.e. assembled before they are offered to the customer.  
Study  on  Consumer  Detriment  in  the  area of  Dynamic  Packages, prepared  by  London  Economics  for 
the Commission’s Health and Consumer DG, November 2009. 
See also http://ec.europa.eu/transport/passenger-rights/en/index.html. 
About  68 000  passengers’  queries  and  official  complaints  were  handled  by  the  Commission  and  the 
network of National Enforcement Bodies in 2008. 

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Tibor,  who  lives  in  Hungary,  needs  a  wheelchair  to  move  around  because  of  his  worsening 
diabetes  condition.  He  loves  to  visit  other  EU  countries  but  faces  many  obstacles.  For 
instance,  most  hotels  have  no  or  only  very  few  adapted  rooms  and  many  of  the  places  he 
wants to visit do not have easy access for wheelchair users. Before embarking on a trip, he 
has  to  find  out  where  he  will  encounter  the  least  problems  and  whether  he  can  get  travel 
insurance coverage.  

As mentioned above, tourism is an increasingly important aspect of European citizens' lives: 
more and more are travelling, either for leisure or business. There were about 1.4 billion trips 
by Europeans in 200836, with 90% within the EU. However, Europeans are tending to travel 
closer to home, book shorter stays and keep a tight rein on their spending. The Commission is 
implementing actions to strengthen European tourism, by creating more attractive conditions 
and increasing consumer trust and satisfaction.  

The Commission: 

(9) 

will modernise the current rules for the protection of consumers buying package travel, 
especially  over  the  internet,  and  facilitate  the  purchase  of  package  travel  from  other 
Member States by making a legislative proposal in 2011; 

(10)  will  seek to  complete  the  legislative framework allowing to ensure  a set  of common 
rights  for  passengers  travelling  by  any  transport  mode  across  the  EU  and  ensure 
adequate  enforcement  of  these  rights,  including  the  rights  of  air  passengers  (e.g.  in 
case of long delays and cancellations). The Commission will also seek to ensure that 
transport  hubs  (e.g.  airports,  stations,  ports)  progressively  become  places  where 
citizens  can  get  easy  access  to  information  about  their  EU  rights,  especially  when 
travelling within the EU;  

(11)  will propose additional ways to ensure that passengers with reduced mobility can more 
easily  access  all  means  of  transport  and  relevant  infrastructure,  will  give,  from  2010 
onwards, an annual award to the most accessible European cities, will promote better 
access to services such as travel insurance and will develop and foster the use of EU 
wide standards on accessibility to the built environment, by proposing, in 2010, an EU 
Disability Strategy 2010-2020; 

(12)  will propose ways to increase consumer confidence in tourism products, by organising 
awareness-raising  campaigns  for  European  tourists  and  by  monitoring  consumer 
satisfaction with various tourism services (e.g. transport, accommodation, travel etc.). 

2.2.2.  Absence of single consumer protection rules, lack of awareness about existing means 

of redress and insufficient means of redress  

When  buying  goods  and  services,  citizens  are  not  confident  enough  to  go  beyond  national 
markets  to  enjoy  the  wealth  of  choice  and  competitive  prices  offered  across  Europe.  One 
reason may be the absence of a single set of consumer protection rules: more than one out of 
three (37%) consumers believe that they may be less protected when they buy from another 
EU country at a distance or while travelling than when they buy in their own country37. Two 

36 
37 

Eurostat, Tourism Statistics, 2008. 
Commission  Staff Working Document:  ‘Report  on  cross-border  e-commerce  in  the  EU’  -  SEC(2009) 
283, p. 11. 

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out of three EU households have an internet connection38, but only 12% of EU web users feel 
completely  safe  making  online  transactions39.  A  third  of  consumers  would  consider  buying 
online from another country because it is cheaper or better40, but only 8% actually do so41.  

Chiara,  who  lives  in  Italy,  has  found  a  digital  camera  on  the  website  of  a  Bulgarian 
electronics shop at a much lower price than in her home town. However, she is reluctant to 
buy it online from Bulgaria. She wonders: What happens if the camera gets lost or damaged 
during  delivery?  Will  she  be  able  to  send  it  back  to  the  seller  if  she  doesn’t  like  it,  as  she 
could do in Italy? How long does she have to send it back?  

To  tackle  this  lack  of  confidence,  the  Commission  has  proposed  further  harmonisation  of 
consumer rules and is looking for ways to more easily inform consumers about their rights42. 
Moreover,  in  the  "Digital  Agenda  for  Europe"43,  the  Commission  proposes  several  concrete 
actions aimed at solving the main problems which prevent European citizens from enjoying 
the benefits of a digital single market and cross-border digital services. At the end of 2010, 
the Commission will also publish a Survey on Consumer Empowerment which will describe 
the  level  of  information  and  assertiveness  of  consumers  with  respect  to  their  rights.  It  will 
identify the disadvantaged consumers or specific vulnerabilities in the population and target a 
10-15% improvement in consumer empowerment by 2020. 

If something goes wrong, consumers often do not obtain effective redress. 51% of consumers 
who complain to a trader and are not satisfied with the way in which their complaint is dealt 
with, do not take further action. 47 % of citizens do not take legal action for damages below 
€ 200.  They  are  even  more  reluctant  to  do  anyt hing  in  cross-border  situations.  In  addition, 
consumers  are  unaware  of  or  do  not  fully  exploit  the  potential  of  Alternative  Dispute 
Resolution  (ADR)  mechanisms  and  of  mediation  possibilities  existing  at  national  level  as  a 
 50) and faster alternative to ordinary court proceedings. To make the 
cheaper (free or below €
system  for  recovery  of  claims  below  € 2 000  (European  Small  Claim  Procedure)  faster  and 
easier  for  citizens,  the  Commission  will  ensure  EU-wide  online  processing  of  small  claims 
recovery by 2013, while exploring at the same time whether claims below € 5  000 should be 
included in the European Small Claims Procedure. Further measures are presented in detail in 
the Single Market Act Communication.  

The Commission: 

(13)  will  set  out  in  an  understandable  way  the  rights  of  users  of  online  services  by 

publishing a Code of EU Online Rights by 201244; 

38 

39 
40 

41 
42 

43 

44 

Eurostat: Level of Internet Access – households (tsiir040; publication date 18.6.2010) was at 65 percent 
in 2009. 
Flash Eurobarometer 250 ‘Confidence in Information Society’, May 2009. 
Commission  Staff Working Document:  ‘Report  on  cross-border  e-commerce  in  the  EU’  -  SEC(2009) 
283, p. 2. 
Consumer Markets Scoreboard – Consumers at Home in the Internal Market – SEC(2010) 385, p. 18. 
Proposal of 8 October 2008 for a Directive of the European Parliament and the Council on consumer 
rights - COM(2008) 614. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  A  Digital  Agenda  for  Europe  - 
COM(2010) 245. 
As announced in the Digital Agenda for Europe. 

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(14)  will facilitate fast and inexpensive out-of-court resolution of consumer problems in the 
EU  by  proposing  a  legislative  instrument  on  Alternative  Dispute  Resolution  (ADR) 
mechanisms in 2011, by exploring proposals for an EU-wide online dispute resolution 
system  for  eCommerce  transactions  by  201245  and  by  promoting  wider  use  of 
mediation by 2013. 

2.3. 

Citizens as residents, students and professionals  

2.3.1.  The right to free movement is hindered by divergent and incorrect application of EU 

law and by cumbersome administrative procedures  

The principle of free movement of persons has developed constantly over the last 40 years to 
include all EU citizens. It is one of the most important and cherished individual rights of EU 
citizens. Surveys conducted in 2010 showed that almost nine out of 10 EU citizens know they 
have this right46 and that they "take it for granted", assuming it is their fundamental right as 
EU citizens47. In 2009, an estimated 11.7 million EU citizens were living in another Member 
State,  while  surveys  show  that  many  more  might  exercise  this  right  at  some  point  in  their 
lives. While a majority (54%) of citizens polled in 2009 were not interested or saw too many 
obstacles  to  working  in  another  Member  State48,  close  to  one  in  five  Europeans  (17%) 
actually envisaged working abroad in the future49.  

In  2009,  residence-related  issues  formed  the  biggest  proportion  (38%)  of  all  complaints 
regarding the functioning of the Single Market50. This figure shows that EU citizens are aware 
of this right and confront many obstacles. 

EU citizens still face difficulties and unacceptable delays when seeking to obtain registration 
certificates: they are often required to submit additional documents (e.g. electricity bills) not 
prescribed by EU rules. EU law requires EU citizens who are not economically active to have 
“sufficient  economic  resources”  to  reside  in  another  Member  State  for  more  than  three 
months.  Several  Member  States  apply  EU  rules  incorrectly  as  they  use  fixed  amounts  as  a 
criterion for residence or do not take individual circumstances into account.  

EU  citizens  residing  in  a  Member  State  other  than  their  own  too  often  face  problems  with 
access to various benefits and advantages, as they are discriminated against on the grounds of 
their  nationality.  They  may  even  encounter  problems  with  the  surnames  they  want  to  hand 
down to their children in accordance with the legislation of their Member State of origin. 

Obstacles  to  the  right  of  entry  and  the  issuance  of  residence  cards  to  third-country  family 
members  accompanying  or  joining  EU  citizens  moving  to  other  Member  States  include 
excessive  requirements  for  documents 
to  be  submitted,  cumbersome  administrative 
procedures  and  delays.  Other  family  members  of  EU  citizens  (e.g.  de  facto  partners)  may 
encounter problems in having their right of entry and residence facilitated. Further problems 
occur  when  the  concept  of  ‘other  family  members’  is  either  not  reflected  in  national 
legislation or is interpreted in a manner contrary to EU law.  

45 
46 
47 
48 
49 
50 

As announced in the Digital Agenda for Europe. 
Flash Eurobarometer 294 ‘EU Citizenship’, March 2010. 
Eurobarometer Qualitative survey ‘European citizenship – Cross-border mobility’, August 2010. 
Flash Eurobarometer 263 ‘Internal Market: Awareness-perceptions-impacts’, February-March 2009. 
Flash Eurobarometer 337 ‘Geographical and labour market mobility’, November-December 2009. 
Data extracted from the SOLVIT database. 

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Christian,  who  is  Luxembourgish,  met  Natalia,  who  is  Spanish,  while  on  an  Erasmus 
exchange in Sweden. Now that Christian has finished his university studies, he wants to live 
with her in Spain. But he wonders how this can happen, because he does not speak Spanish 
and he doubts that he will quickly find work in the small village where Natalia lives. When he 
needs to register after living in Spain for the first three months, will the authorities accept his 
explanation that he receives € 600 every month from his parents and that he can live on this 
amount? Or will they require him to prove that he has a higher or steadier income? 

The Commission: 

(15)  will  facilitate  free  movement  of  EU  citizens  and  their  third-country  family  members 
by enforcing EU rules strictly51, including on non-discrimination, by promoting good 
practices and increased knowledge of EU rules on the ground and by stepping up the 
dissemination of information to EU citizens about their free movement rights52. 

2.3.2.  Burdensome  and  uncertain  procedures  for  recognition  of  academic  diplomas  and 

professional qualifications  

EU  citizens  are  entitled  to  study  or  train  in  another  Member  State  and  to  have  access  to 
education under the same conditions as local students. An estimated 4 % of European students 
receive an Erasmus grant during their studies. Over 2 million students have benefited from the 
Erasmus  programme  since  its  launch  in  1987.  There  are  about  555 000  university  students 
who study abroad every year. One third of European higher education students polled in 2009 
said they intend to study in another EU country53. However, students wishing either to study 
abroad using the diploma obtained in their home country or to return to their home country to 
work  after  having  studied  abroad  still  face  numerous  obstacles  in  getting  their  diplomas  or 
foreign  study  periods  recognised.  Recognition  of  diplomas  can  be  time-consuming  and 
potentially  contentious.  36%  of  students  cite  difficulties  in  obtaining  recognition  for  study 
periods abroad as a very big or big obstacle for studying abroad54. 

The  Commission  is  seeking  to  give  all  young  people  in  Europe  the  chance  to  spend  part  of 
their  education  in  another  Member  State  through  the  “Youth  on  the  Move”  initiative,  by 
providing  guidance  on  the  rights  of  mobile  students  under  EU  rules  and  by  working  with 
Member States to achieve the target of at least 20% of those graduating from higher education 
having studied or trained for a period abroad by 2020. The Commission is facilitating study 
abroad  also  by  promoting  the  comparability  of  academic  diplomas  through  the  European 
Qualifications Framework. 

Even  though  citizens  expect  recognition  of  their  professional  qualifications  to  be  easy  and 
automatic, they are often disappointed: on a European-wide average, only 70% of recognition 
requests have reached a quick and successful outcome. 

51 

52 

53 
54 

The  Commission  is  taking  measures  to  ensure  full  transposition  and  implementation  of  rules  on  free 
movement in all Member States. 
The Commission just published an updated and simplified guide for EU citizens on freedom to move 
and  live  in  Europe,  spelling  out  in  a  reader-friendly  manner  the  rights  and  possibilities  open  to  them 
http://ec.europa.eu/justice/policies/citizenship/docs/guide_free_movement.pdf and has recently adopted 
the  Communication  'Reaffirming  the  free  movement  of  workers:  rights  and  major  developments'  - 
COM(2010) 373 - to raise awareness and promote the rights of EU migrant workers. 
Flash Eurobarometer 260 "Students and Higher Education Reform", March 2009. 
Flash Eurobarometer 260 "Students and Higher Education Reform", March 2009. 

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Jonathan, from the UK, hesitates taking a good job offer in Austria. Will his wife, who is a 
nurse,  be  able  to  work?  Will  his  son,  who  wants  to  study  medicine,  be  able  to  attend 
university? 

Under  the  current  legal  framework,  automatic  recognition  of  qualifications  applies  only  to 
seven out of more than 800 professions. Citizens are not systematically offered the possibility 
to apply electronically for access to a regulated profession and have to wait up to three to four 
months for a decision on their application.  

In  other  cases,  administrative  practices,  delays  in  recognition  processes  and  resistance  at 
national  level  add  to  the  cost  and  difficulty  of  working  abroad  and  effectively  increase 
barriers  to  entry  into  regulated  professions.  EU  rules  harmonising  training  requirements  for 
professions  which  benefit  from  automatic  recognition  (notably  health  professions  and 
architects) are now outdated. 

The  Commission  will  advance  a  faster  and  less  bureaucratic  recognition  of  professional 
qualifications  by  proposing  a  legislative  instrument  in  2012.  The  relevant  problems 
hampering  mobility  within  the  European  labour  market  and  the  solutions  envisaged  by  the 
Commission are addressed in detail in the Single Market Act Communication.  

2.3.3.  Coexistence of different social security systems challenges workers’ mobility 

As demonstrated by a recent Eurobarometer survey55, Europeans who work across borders are 
frustrated, among other things, by differences between national social security rights. These 
differences  are  coupled  with  complex  cooperation  between  national  social  security 
institutions, which may result in delays and difficulties in exchanging citizens’ social security 
information.  

Zeta,  a  Greek  citizen,  moved  to  Germany  to  work  there,  but  her  husband  and  two  children 
stayed  in  Greece.  Due  to  a  delay  caused  by  the  exchange  of  social  security  information 
between  Greek  and  German  institutions,  it  took  a  long  time  to  determine  which  country 
should grant child benefits. 

In addition, the EU rules on social security coordination only cover statutory social security 
systems.  In  the  pensions  field,  for  instance,  these  rules  do  not  cover  supplementary  (e.g. 
occupational) pensions and the separate rules which cover them56 only provide a basic level of 
protection.  The  Commission  has  recently  launched  a  broad  consultation  on  how  to  remove 
obstacles  for  mobile  workers  to  acquire,  preserve  and  have  access  to  pensions  when  they 
retire57.  These  obstacles  and  the  remedies  envisaged  by  the  Commission  are  addressed  in 
detail in the Single Market Act Communication.  

The Commission: 

(16) 

is improving the provision of information to citizens and is developing a new system 
of  electronic  exchange  of  data  to  reduce  delays  and  difficulties  in  the  exchange  of 
social security information. 

55 
56 

57 

Eurobarometer qualitative survey ‘European citizenship – Cross-border mobility’, August 2010. 
Council  Directive  98/49/EC  of  29  June  1998  on  safeguarding  the  supplementary  pension  rights  of 
employed and self employed (OJ L 209, 25.7.1998, p. 46). 
Green Paper towards adequate, sustainable and safe European pension systems - COM(2010) 365. 

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2.4. 

Citizens as political actors 

Voter  participation  has  steadily  decreased  since  the  first  direct  European  elections  in  1979. 
General turnout was 43% for the last elections in June 2009, confirming this trend. A recent 
survey  showed  that  more  than  eight  out  of  10  EU  citizens  consider  that  receiving  more 
information  from  the  political  parties  on  their  programmes  and  on  the  impact  of  the  EU  on 
their lives could contribute to a higher turnout58. 

In future European elections turnout would be higher if ...

Yes

No

DK/NA

more information was provided on the impact of the European 
Union on your daily life

more information was provided on the programmes and 
objectives of candidates and parties in the European Parliament

more information was provided on the European Parliament 
elections

84

83

80

the elections were held on a same day across the European Union

61

33

the polling date was switched from June to May

31

60

13

3

14

3

17

3

7

10

Q6. In future European elections turnout would be higher if ...
Base: all respondents, % EU27

When  organising  European  Parliament  elections,  all  Member  States  must  respect  common 
principles: elections shall be free, secret and by direct universal suffrage. Early publication of 
the  results  in  one  Member  State59,  i.e.  several  days  before  the  close  of  the  poll  in  other 
Member States, violates EU law and prevents citizens from casting their vote free of influence 
by these electoral results. 

The Commission: 

(17) 

is  asking  Member  States  to  ensure  that  in  future,  publication  of  the  results  of  the 
European Parliament elections takes place at the same time in all Member States. 

EU citizens who live in a Member State other than their own have the right to vote and stand 
as  candidates  in  European  Parliament  elections60.  Some  Member  States  appear  not  to 
adequately  inform  EU  citizens  about  this  right61.  When  registering  citizens  on  the  electoral 
roll,  some  Member  States  require  EU  nationals  coming  from  other  Member  States  to  fulfil 
conditions  which  prevent  them  from  exercising  voting  rights  under  the  same  conditions  as 

58 

59 
60 

61 

Flash Eurobarometer 292 ‘Electoral rights of citizens of the EU’, March 2010. This was confirmed by 
the  findings  of  the  Eurobarometer  Qualitative  survey  "European  Union  citizenship  –  cross-border 
mobility" of August 2010. 
The Commission is currently looking into the case of the Netherlands. 
Article 22(2) TFEU and Directive 93/109/EC of 6 December 1993 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  is  currently  looking  into  the  cases  of  Bulgaria,  Malta,  Hungary,  Latvia,  Slovakia, 
Poland, Slovenia and Romania. 

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their own nationals (possession of a national identity card, obligation to renew registration for 
each European election, etc.)62. Such conditions seem to be contrary to EU law.  

Ruta, who  is Lithuanian and is living in Malta, wants to vote  for Maltese  candidates in the 
European elections. She is refused this right because she does not possess a Maltese identity 
card, as required by domestic legislation.  

A number of Member States restrict to their own nationals the right to become members of 
political  parties  or  to  found  a  party63.  EU  citizens  from  other  Member  States  living  there 
cannot therefore fully participate in political life and exercise their electoral rights. 

Charlotte, who is a Danish citizen living in the Czech Republic, wants to join a Czech party 
sharing her political views. Domestic law currently does not allow her to do so, as is the case 
in Poland and in Lithuania.  

Under current EU rules, EU citizens who have moved to another Member State and wish to 
stand as candidates in European Parliament elections must obtain from the Member State of 
origin proof of not having been deprived of their electoral rights. In addition, current EU rules 
provide  for  procedures  aimed  at  preventing  double  candidatures  and  double  voting.  These 
procedures can often result in an unnecessary bureaucratic burden. It is therefore necessary to 
simplify them whilst ensuring their effectiveness in preventing abuses. 

The Commission: 

(18) 

is asking Member States to ensure that voting rights of EU citizens in their Member 
State  of  residence  are  fully  enforced,  that  EU  citizens  can  be  members  of  or  found 
political parties in the Member State of residence and that Member States duly inform 
EU citizens of their electoral rights; 

(19)  will  propose  the  simplification  of  the  procedure  for  EU  citizens  when  standing  as 
candidates  in  their  Member  State  of  residence,  and  will  improve  the  current 
mechanism for preventing double voting in European Parliament elections, taking into 
account  the  timeframe  and  outcome  of  a  future  European  Parliament  electoral 
reform64.  

Furthermore,  some  EU  citizens  who  move  to  and  reside  in  another  Member  State  may  lose 
their right to take part in national elections in their Member State of origin. According to the 
legislation  of  several  Member  States65,  their  nationals  are  disenfranchised  if  they  live  in 
another  Member  State  for  a  certain  period  of  time.  Many  EU  citizens  informed  the 
Commission and the European Parliament that they are not able to participate in any national 
elections, neither in the Member State of origin nor in the Member State of residence. 

62 

63 

64 

65 

The Commission is currently looking into the cases of Malta and Slovenia. In the case of Slovenia, a 
new  law  was  notified  to  the  Commission  on  15  July  2010;  the  Commission  is  assessing  whether  it 
ensures full conformity with EU rules. 
The Commission is currently looking into the cases of Bulgaria, the Czech Republic, Finland, Germany, 
Greece, Latvia, Lithuania, Slovakia, Spain and Poland. 
Draft report on a Proposal for a modification of the Act concerning the election of the Members of the 
European Parliament by direct universal suffrage of 20 September 1976 
http://www.europarl.europa.eu/oeil/file.jsp?id=5806882. 
Ireland, Hungary, Denmark, Malta, Austria and United Kingdom. 

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The Commission: 

(20)  will launch a discussion to identify political options to prevent EU citizens from losing 
their political rights as a consequence of exercising their right to free movement.  

2.5. 

Lack of easily accessible information and assistance to citizens  

Citizens are prevented from enjoying their rights because they lack awareness of them. There 
is  a  wealth  of  information  and  problem-solving  networks  at  EU  level  and,  indeed,  around 
700 000 people start their search for information on the EU’s websites every day. However, a 
2006 survey showed that almost 70% of Europeans were unaware of these networks, whilst 
those  who  did  know  about  them  were  confused  about  where  to  send  questions  and  what  to 
expect.  Citizens  lost  time  and  confidence  by  being  sent  from  one  network  to  another66.  A 
2010  survey  showed  that  only  42%  of  Europeans  know  their  rights  and  72%  would  like  to 
know more67, whilst another recent survey68 revealed that citizens moving across borders are 
frequently  frustrated  by  the  need  to  use  multiple  sources  to  find  all  the  information  they 
require.  When  asked  to  suggest  ways  in  which  their  cross-border  experiences  would  have 
been made easier, citizens say they would favour a ‘one-stop shop’ which would enable them 
to  find  all  relevant  information  in  one  place,  and  which  would  contain  very  practical  and 
country-specific information.  

Citizens must have easy, direct access to information on the EU. They should know the rights 
offered  by  the  EU  and  their  opportunities  in  the  EU.  Europe  must  literally  be  at  their 
fingertips, or just a phone call away. 

Moreover,  to  make  use  of  EU  rights,  there  are  often  national,  regional  or  local  rules  and 
procedures  which  need  to  be  respected.  The  Commission  will  therefore  be  seeking  full 
cooperation of national authorities so as to be able to provide information on all EU countries. 

Efforts  are  also  required  in  candidate  countries  close  to  accession  to  better  involve  their 
citizens in the accession process and to inform them about their future rights as EU citizens. 

The Commission: 

(21) 

is developing the Your Europe web portal into a one-stop-shop information point on 
the rights of citizens and businesses in the EU, easy to use and accessible via the web 
(http://ec.europa.eu/youreurope) and via a free phone number (Europe Direct Contact 
Centre).  It  will  provide  clear  and  practical  information  and  be  a  central  port  of  call 
(‘front  office’)  which  will  dispatch  enquiries  to  the  various  specialised  assistance 
services (‘back offices’).  

(22) 

is  streamlining  its  information  networks  in  the  Member  States  so  that  citizens  easily 
find  the  right  contact  point  at  national,  regional  and  local  level.  The  Commission's 
Representations  in  the  Member  States,  together  with  the  500  Europe  Direct 
information centres, will improve the promotion of citizens' rights by 2012, including 

66 

67 
68 

Flash Eurobarometer 254 ‘Internal Market - Opinions and experiences of Citizens in EU-25’, October 
2006. 
Standard Eurobarometer 73 "Public opinion in the European Union", May 2010. 
Eurobarometer qualitative survey ‘EU Citizenship – cross-border mobility’, August 2010. 

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through  a  better  cooperation  and  interaction  with  existing  EU-level  assistance  and 
problem-solving services. 

2.6. 

Lack of awareness of the meaning of EU citizenship  

Most European citizens (79%) currently claim some familiarity with the term ‘citizen of the 
European Union’69. However, only 43% know the meaning of the term and 48% indicate that 
they  are  ‘not  well  informed’  about  their  rights  as  EU  citizens.  Indeed,  less  than  one  third 
(32%) consider themselves ‘well’ or ‘very well’ informed about their rights as EU citizens. 

Familiarity with the term”citizen of the European Union”, 2007-2010

11/2007 

0

22

37

03/2010 

0

Yes and knows what it means

22

41

Yes but not sure what it means

43

No, never heard the term

DK/NA

36

Q1. This survey concerns the citizenship of the European Union. Are you familiar with the term ”citizen 
of the European Union”?
Base: all repondents, % EU27

Being informed about the rights as a citizen of the European Union, 2007-2010

11/2007 

1

3

03/2010 

1

3

19

Very well informed

19

28

Well informed

29

Not well informed

Not informed at all

DK/NA

49

48

Q2. How well do you feel that you are informed about your rights as a citizen of the European Union? 
Base: all repondents, % EU27

For  EU  citizenship  to  acquire  real  significance  in  people’s  lives,  it  is  necessary  to  increase 
awareness of their rights and responsibilities. 

69 

Flash Eurobarometer 294 ‘EU Citizenship’, March 2010. 

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20 

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Various financial programmes can be used to promote EU citizenship, including ‘Europe for 
Citizens’ 2007-2013, with a budget of € 215 million, focusing on fost ering civic participation, 
and  ‘Fundamental  Rights  and  Citizenship’  2007-2013,  with  a  budget  of  € 93.8  million, 
focusing  on  promoting  the  rights  attached  to  EU  citizenship  status,  such  as  voting  rights  in 
municipal  and  European  elections  in  the  Member  State  of  residence,  free  movement  and 
consular  protection.  EU  citizens  and  stakeholders  need  to  be  guided  to  these  and  other  EU 
funding possibilities and should benefit from economy of scale. 

The Lisbon Treaty brings with it great potential in terms of new possibilities, responsibilities 
and  objectives  for  a  more  active  involvement  of  citizens  and  civil  society  in  the  European 
project,  notably  by  introducing  the  Citizens'  Initiative.  To  give  effect  to  this  essential 
participatory  democracy  tool,  the  Commission  has  proposed  legislation  aimed  at  putting  in 
place procedures and conditions for  the use of  this mechanism70. Citizen action at EU level 
can further be promoted through the enhancement of the European dimension of the activities 
of  public  benefit  foundations.  The  approximately  110 000  foundations  currently  operating 
within the EU Member States address issues of a global nature such as research, environment, 
health and employment, which lie at the heart of EU citizens' concerns. However, foundations 
seeking to develop their activities cross-border encounter a number of administrative as well 
as  civil  and  tax  law  barriers  (e.g.  regarding  the  procedures  for  their  recognition  as 
foundations, the tax exemptions they are granted in the different Member States etc.) which 
hamper the development of transnational operations and lead to increased costs which reduce 
the  overall  amount  of  funds  available  for  public  good.  As  presented  in  detail  in  the  Single 
Market Act Communication, the Commission will propose in 2011 a Regulation on a statute 
for European foundations as a remedy to these problems. 

Independent  media  reporting  about  EU  affairs  is  an  important  cornerstone  of  well-informed 
EU citizens and European public discourse. However, there is still a long way to go until there 
is a true European media landscape which stimulates informed debates about EU policies. As 
Mr. Lamassoure's report pointed out, reports on US policies are considered more relevant than 
news  about  EU  affairs  in  many  Member  States.  In  addition,  the  current  economic  crisis  is 
contributing  to  a  decline  of  EU  correspondents  in  many  media  and  a  refocusing  of  media 
attention  on  national  matters.  Euronews  is  currently  the  only  TV  channel  that  covers  news 
from a European perspective and dedicates significant slots to EU affairs. It should improve 
its format in order to get as much impact and reputation as other international news channels; 
Euronews does not yet have a studio in Brussels that would allow for direct reporting from the 
capital of the European Union.  

The Commission: 

(23)  will strengthen citizens' awareness of their EU citizenship status, their rights and their 
meaning  in  their  daily  lives  by  proposing  the  designation  of  2013  as  the  European 
Year  of  Citizens  and  by  organising  targeted  events  on  EU  citizenship  and  citizen-
related EU policies during this Year;  

(24)  will make it simpler for EU citizens and stakeholders to use the financial support the 
Commission provides for the development of EU citizenship, by exploiting synergies 
among the available EU funding instruments and rationalisation; 

70 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  the  citizens’  initiative  - 
COM(2010) 119. 

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21 

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(25)  will explore ways to further strengthen information on European affairs, characterised 
by  independent,  professional  and  high-quality  reporting;  in  this  context,  the 
Commission will also explore options for a more sustainable financing of Euronews. 
The building up of a Brussels studio for Euronews will be encouraged. 

3. 

CONCLUSIONS 

In  many  of  the  areas  in  this  report,  the  lack  of  EU  legislation  is  not  the  main  reason  why 
citizens  are  facing  obstacles  in  the  exercise  of  their  rights.  In  some  instances,  the  existing 
rules need to be expanded or updated or even radically overhauled to keep pace with evolving 
socio-economic  or  technological  realities.  The  majority  of  actions  identified  to  dismantle 
obstacles  fall  into  three  main  categories:  effectively  enforcing  EU  rights,  making  their 
enjoyment easier in practice, and raising awareness about them.  

The  first  category  aims  at  guaranteeing  that  citizens’  rights  are  fully  enforced  on  the 
ground by the Member States. Such actions are particularly relevant in areas where EU law 
takes predominantly the form of Directives, which – in contrast to Regulations – need to be 
transposed into national laws or administrative provisions in the legal system of each Member 
State.  These  actions  include  closely  scrutinising  national  measures,  providing  guidance 
through administrative cooperation or the release of guidelines and the launch of infringement 
proceedings where needed.  

The second category aims at easing citizens’ daily life by making the exercise of individual 
rights simpler, eliminating unnecessary complications: finding solutions in individual cases 
and reducing costs and administrative burdens generated by national procedures and practices. 
This  is  done  by  soft  law  instruments  such  as  recommendations  and  codes  of  conduct, 
dissemination of good practices, fostering better trust and facilitating closer and more efficient 
cooperation  between  national  administrations,  so  that  citizens’  rights  can  be  delivered  more 
effectively throughout Europe. Gaps in EU legislation should also be filled. 

The third category aims at raising citizens’ awareness about their rights, so that they can 
make better use of their opportunities. At the same time, national administrations, judges and 
legal  professionals  should  also  be  aware  of  these  rights  so  they  can  help  citizens.  The 
measures  identified  include  the  one-stop-shop  point  for  information  and  advice  and 
information campaigns. 

The  EU  needs  to  deliver  at  all  these  levels  to  make  sure  that  citizens'  rights  are  a  tangible 
reality. This report identifies 25 short- and medium-term initiatives for tackling the obstacles 
to citizens’ enjoyment of their rights.  

The Commission considers this to be the beginning of a process for further identification of 
obstacles that citizens still face and solutions for them. The report will launch a debate with 
other  EU  institutions,  notably  the  European  Parliament  and  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions, and with civil society. It 
is also important to engage national parliaments actively in this debate,, not only as regards 

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22 

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verifying  the  implementation  of  the  subsidiarity  principle,  but  also  in  providing  the 
Commission with their views under the political dialogue initiative71. 

European citizens' involvement is vital for the success of these efforts – not only as passive 
beneficiaries  of  rights  but  as  actors  in  the  European  project.  There  is  a  wide  array  of 
participatory tools to involve citizens in policymaking. Such tools can bring more depth and a 
qualitative aspect to understanding citizens’ concerns.  

This  report  aims  to  tap  into  EU  citizens’  ideas,  concerns  and  expectations,  whilst  bringing 
them closer together in the process. It is intended to open a debate and exchange on how EU 
citizenship can fulfil its potential in terms of enhancing Europeans' life chances by delivering 
concrete benefits that will have a visible impact. This ‘bottom-up approach’ championed by 
Mr.  Lamassoure  as  a  way  to  create  a  real  ‘citizen’s  package’  and  to  launch  an  open  and 
constructive dialogue will be a crucial part of building a Europe that protects citizens' rights 
and serves their needs. 

This  process  should  allow  the  Commission  to  present  in  2013,  a  European  year  to  be 
dedicated to citizens, an assessment of its output and the initial impact of this report's actions. 
The  Commission  will  then  be  in  a  position  to  announce  an  ambitious  and  comprehensive 
action  plan  toward  completing  the  removal  of  persistent  obstacles  standing  in  the  way  of 
citizens’ enjoyment of their rights.  

71 

The  Commission  launched  in  2006  a  new,  informal  dialogue  with  national  Parliaments,  commonly 
referred to as the "political dialogue", or the "Barroso initiative". It consists of transmitting directly to 
national Parliaments Commission's proposals and consultation papers, and to invite them to react, so as 
to  improve  the  process  of  policy  formulation  and  to  involve  national  Parliaments  more  closely  in 
European affairs. 

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EU CITIZENSHIP REPORT 2010: 
25 ACTIONS TO IMPROVE THE DAILY LIFE OF EU CITIZENS 

The Commission:  

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

will  make  it  easier  for  international  couples  (either  married  or  registered 
partners)  to  know  which  courts  have  jurisdiction  and  which  law  applies  to 
their  property  rights  (e.g.  a  jointly  owned  house)  by  proposing  a  legislative 
instrument in 2011; 

will  facilitate  the  free  circulation  of  civil  status  documents  (e.g.  birth 
certificates) by proposing legislative instruments in 2013; 

will  enable  citizens  and  legal  practitioners  to  easily  find  multilingual 
information on justice via the European e-Justice web portal; 

will  further  improve  the  protection  of  persons  suspected  and  accused  in 
criminal proceedings, including safeguarding suspects’ access to a lawyer and 
communication with the outside world while in detention, by proposing two 
legislative instruments in 2011; 

will  improve  the  protection  of  victims  of  crime  by  proposing  a  package  of 
measures, including a legislative instrument, in 2011; 

will  simplify  the  formalities  and  conditions  for  the  registration  of  cars 
previously  registered  in  another  Member  State  by  proposing  a  legislative 
instrument in 2011. It will also take action in cases where the tax treatment of 
cars  is  discriminatory  and  work  on  solutions  to  double  registration  taxes  on 
cars which can hinder the free movement of citizens and goods; 

is proposing ways to facilitate access to cross-border health care and is also 
putting in place pilot actions to equip Europeans with secure online access to 
their  medical  health  data  and  to  achieve  widespread  deployment  of 
telemedicine  services  by  2020.  The  Commission  will  also  recommend  a 
minimum common set of patient data for interoperability of patient records to 
be accessed or exchanged electronically across Member States by 2012; 

will  increase  the  effectiveness  of  the  right  of  EU  citizens  to  be  assisted  in 
third  countries,  including  in  times  of  crisis,  by  the  diplomatic  and  consular 
authorities  of  all  Member  States,  by  proposing  legislative  measures  in  2011 
and  by  better  informing  citizens  via  a  dedicated  website  and  targeted 
communication measures; 

will  modernise  the  current  rules  for  the  protection  of  consumers  buying 
package  travel,  especially  over  the  internet,  and  facilitate  the  purchase  of 
package travel from other Member States by making a legislative proposal in 
2011; 

(10)  will  seek  to  complete  the  legislative  framework  allowing  to  ensure  a  set  of 
common rights for passengers travelling by any transport mode across the EU 

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and  ensure  adequate  enforcement  of  these  rights,  including  the  rights  of  air 
passengers  (e.g.  in  case  of  long  delays  and  cancellations).  The  Commission 
will  also  seek  to  ensure  that  transport  hubs  (e.g.  airports,  stations,  ports) 
progressively  become  places  where  citizens  can  get  easy  access  to 
information about their EU rights, especially when travelling within the EU;  

(11)  will propose additional ways to ensure that passengers with reduced mobility 
can more easily access all means of transport and relevant infrastructure, will 
give,  from  2010  onwards,  an  annual  award to the most accessible European 
cities, will promote better access to services such as travel insurance and will 
develop and foster the use of EU wide standards on accessibility to the built 
environment, by proposing, in 2010, an EU Disability Strategy 2010-2020; 

(12)  will  propose  ways  to  increase  consumer  confidence  in  tourism  products,  by 
organising  awareness-raising  campaigns  for  European  tourists  and  by 
monitoring  consumer  satisfaction  with  various  tourism  services  (e.g. 
transport, accommodation, travel etc.); 

(13)  will set out in an understandable way the rights of users of online services by 

publishing a Code of EU Online Rights by 2012; 

(14)  will  facilitate  fast  and  inexpensive  out-of-court  resolution  of  consumer 
problems  in  the  EU  by  proposing  a  legislative  instrument  on  Alternative 
Dispute  Resolution  (ADR)  mechanisms  in  2011,  by  exploring  proposals  for 
an EU-wide online dispute resolution system for eCommerce transactions by 
2012 and by promoting wider use of mediation by 2013; 

(15)  will  facilitate  free  movement  of  EU  citizens  and  their  third-country  family 
members by enforcing EU rules strictly, including on non-discrimination, by 
promoting good practices and increased knowledge of EU rules on the ground 
and  by  stepping  up  the  dissemination  of  information  to  EU  citizens  about 
their free movement rights; 

(16) 

(17) 

(18) 

is improving the provision of information to citizens and is developing a new 
system of electronic exchange of data to reduce delays and difficulties in the 
exchange of social security information; 

is asking Member States to ensure that in future, publication of the results of 
the European Parliament elections takes place at the same time in all Member 
States; 

is  asking  Member  States  to  ensure  that  voting  rights  of  EU  citizens  in  their 
Member  State  of  residence  are  fully  enforced,  that  EU  citizens  can  be 
members  of  or  found  political  parties  in  the  Member  State  of  residence  and 
that Member States duly inform EU citizens of their electoral rights; 

(19)  will  propose  the  simplification  of  the  procedure  for  EU  citizens  when 
standing as candidates in their Member State of residence, and will improve 
the current mechanism for preventing double voting in European Parliament 
elections,  taking  into  account  the  timeframe  and  outcome  of  a  future 
European Parliament electoral reform;  

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(20)  will  launch  a  discussion  to  identify  political  options  to  prevent  EU  citizens 
from losing their political rights as a consequence of exercising their right to 
free movement; 

(21) 

(22) 

is  developing  the  Your  Europe  web  portal  into  a  one-stop-shop  information 
point  on  the  rights  of  citizens  and  businesses  in  the  EU,  easy  to  use  and 
accessible via the web (http://ec.europa.eu/youreurope) and via a free phone 
number  (Europe  Direct  Contact  Centre).  It  will  provide  clear  and  practical 
information and be a central port of call (“front office”) which will dispatch 
enquiries to the various specialised assistance services (“back offices”) 

is streamlining its information networks in the Member States so that citizens 
easily  find  the  right  contact  point  at  national,  regional  and  local  level.  The 
Commission's  Representations  in  the  Member  States,  together  with  the  500 
Europe  Direct  information  centres,  will  improve  the  promotion  of  citizens' 
rights  by  2012,  including  through  a  better  cooperation  and  interaction  with 
existing EU-level assistance and problem-solving services; 

(23)  will strengthen citizens' awareness of their EU citizenship status, their rights 
and their meaning in their daily lives by proposing the designation of 2013 as 
the  European  Year  of  Citizens  and  by  organising  targeted  events  on  EU 
citizenship and citizen-related EU policies during this Year;  

(24)  will  make  it  simpler  for  EU  citizens  and  stakeholders  to  use  the  financial 
support the Commission provides for the development of EU citizenship, by 
exploiting  synergies  among  the  available  EU  funding  instruments  and 
rationalisation; 

(25)  will  explore  ways  to  further  strengthen  information  on  European  affairs, 
characterised by independent, professional and high-quality reporting; in this 
context,  the  Commission  will  also  explore  options  for  a  more  sustainable 
financing  of  Euronews.  The  building  up  of  a  Brussels  studio  for  Euronews 
will be encouraged. 

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