REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE UNDER ARTICLE 25 TFEU  On progress towards effective EU Citizenship 2007-2010
Date: 2010-10-27
Institutions: European Commission
Subjects: European citizenship, European identity, civil rights, freedom of movement, fundamental rights, immigration, report

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EUROPEAN COMMISSION 

Brussels, 27.10.2010 
COM(2010) 602 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE 
COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE 

UNDER ARTICLE 25 TFEU 

On progress towards effective EU Citizenship 2007-2010 

{COM(2010) 603 final} 

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REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE 
COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE 

UNDER ARTICLE 25 TFEU 

On progress towards effective EU Citizenship 2007-2010 

1. 

INTRODUCTION 

Article  25  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU)  requires  the 
Commission to report to  the  European Parliament, the Council and the European  Economic 
and Social Committee every three years on the application of the provisions of Part Two of 
the Treaty. The present report accompanies the "EU Citizenship Report 2010: Dismantling the 
obstacles to EU citizens' rights" by taking stock of major developments that occurred in the 
field of EU Citizenship in the period 1 July 2007 - 30 June 20101. Developments regarding 
the right of EU citizens to vote and stand as candidates in the European Parliament elections 
are  further  detailed  in  the  Report  on  the  evaluation  of  the  2009  European  Parliament 
elections2 which is adopted together with the EU Citizenship Report 2010. 

2. 

DEVELOPMENTS IN THE FIELD OF EU CITIZENSHIP RIGHTS 

2.1. 

The new legal and institutional framework 

The  entry  into  force  of  the  Lisbon  Treaty  enhanced  the  notion  of  EU  Citizenship  and  the 
rights attached to it in several ways.  

Title II of the Treaty on European Union (TEU) gives EU Citizenship greater prominence by 
integrating it in the provisions on democratic principles (Article 9 TEU) and creates a stronger 
link between citizenship and democracy (Articles 10 and 11 TEU).  

By complementing the set of rights attached to EU Citizenship with a new right, the citizens' 
initiative,  the  new  Treaty  enables  EU  citizens  to  participate  more  intensively  in  the 
democratic  life  of  the  Union.  According  to  Article  11(4)  TEU,  "not  less  than  one  million 
citizens who are nationals of a significant number of Member States may take the initiative of 
inviting  the  Commission,  within  the  framework  of  its  powers,  to  submit  any  appropriate 
proposal on matters where citizens consider that a legal act of the Union is required for the 
purpose of implementing the Treaties".  

Establishing  the  practical  arrangements  for  the  implementation  of  this  new  instrument  was 
one of the key priorities of the Commission, which tabled, on 31 March 2010, a Proposal for a 

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The 5th Report on Citizenship of the Union was issued on 15 February 2008 and covered the period 1 
May 2004 to 30 June 2007 - COM(2008) 85. 
COM(2010) 605. 

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Regulation3 aimed at putting in place simple, user-friendly and accessible procedures, as well 
as ensuring that the instrument is not abused. 

The Lisbon Treaty further strengthens the links between citizenship and non-discrimination. 
Part Two of the TFEU is now entitled "Non discrimination and citizenship of the Union" and 
integrates the provisions on non-discrimination, both on grounds of nationality, in its Article 
18  (ex-Article  12  of  the  Treaty  establishing  the  European  Community  (TEC)  and  on  other 
grounds (sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation) in 
its Article 19 (ex-Article 13 TEC)4.  

With regard to the definition of EU Citizenship itself, the Lisbon Treaty emphasizes the fact 
that it is a status additional to national citizenship, whereas its previous definition in Article 
17 TEC described it as being complementary to national citizenship.  

Article  20(2)  TFEU  is  reinforced  in  comparison  to  the  previous  Article  17  TEC  since  it 
specifically  lists  the  rights  (and  obligations)  of  EU  citizens  and  clarifies,  by  adding  the 
expression  "inter  alia",  that  the  list  is  not  exhaustive.  Moreover,  the  abolition  of  the  pillar 
structure of the European Union5 broadens the scope of EU Citizenship, as confirmed by the 
reference  in  this  Article  to  the  fact  that  citizens  of  the  Union  shall  enjoy  the  rights  and  be 
subject to the duties provided for in the Treaties.  

The Lisbon Treaty gives a boost to the right of unrepresented EU citizens to enjoy protection 
by the consular and diplomatic authorities of other Member States, as it is enshrined as a clear 
individual right in Article 20(2)(c) TFEU and expounded in Article 23 TFEU. Article 23(2) 
TFEU enables the Commission to initiate legislation by proposing directives establishing the 
coordination  and  cooperation  measures  necessary  to  facilitate  such  protection,  thus 
abandoning  the  previous  logic  of  intergovernmental  decision-making.  Regarding  consular 
protection on the ground, Article 35 TEU provides that diplomatic and consular missions and 
the Union delegations shall contribute to its implementation. 

The rights attached to EU Citizenship in Part Two of the Treaty are further enshrined in the 
Charter  of  Fundamental  Rights  of  the  European  Union  (Chapter  V,  "Citizens'  rights").  The 
legally  binding  Charter  of  Fundamental  Rights,  becoming  the  compass  for  all  EU  policies, 
represents  a  major  step  forward  in  terms  of  the  European  Union's  political  commitment 
toward fundamental rights.  

2.2. 

Acquisition and loss of EU Citizenship  

2.2.1. 

Information and statistical data  

Up-to  date  information  on  the  acquisition  and  loss  of  nationality  in  the  Member  States  and 
information on EU Citizenship norms and policy developments is available at the website of 

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COM(2010) 119. 
Due to the timeframe of this reporting exercise, the implementation of these provisions will be reviewed 
in the next report under Article 25 TFEU. 
The three pillars previously forming the basic structure of the EU under the Treaty on European Union 
were  the  Community  pillar,  corresponding  to  the  three  Communities:  the  European  Community,  the 
European Atomic Energy Community (Euratom) and the former European Coal and Steel Community 
(ECSC) (first pillar); the pillar devoted to the common foreign and security policy, under Title V TEU 
(second pillar) and the pillar devoted to police and judicial cooperation in criminal matters, under Title 
VI TEU (third pillar).  

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the European  Observatory  on citizenship6, which was launched in January 2009 and mainly 
financed by the Commission7.  

According to a recent Eurostat report8, in 2008, 696 000 persons acquired citizenship of the 
Member States (compared with 707 000 in 2007). These new EU citizens came mainly from 
Africa  (29%  of  the  total  number  of  citizenships  acquired),  non-EU27  Europe  (22%),  Asia 
(19%) and North and South America (17%)9. 

Citizens  of  one  of  the  Member  States  who  acquired  citizenship  of  another  Member  State 
amounted to 59 449 persons, thus accounting for 8,5% of the total. In absolute terms, the main 
groups  of  citizens  of  an  EU  Member  States  who  became  citizens  of  another  Member  State 
were Portuguese becoming citizens of France (7 778 persons), Romanians becoming citizens 
of Hungary (5 535 persons) and Poles becoming citizens of Germany (4 245 persons).  

2.2.2.  Case-law developments  

In  its  judgment  of  2  March  2010  in  Case  C-135/08,  Rottmann,  the  Court  of  Justice  of  the 
European  Union  clarified  a  proviso  that  it  has  consistently  affirmed  in  its  case  law  to  the 
effect that the Member States must, when exercising their powers in the sphere of nationality, 
have due regard to European Union law10.  

The Court indicated that this proviso does not compromise the principle of international law 
that the Member States have the power to lay down the conditions for the acquisition and loss 
of nationality, but rather enshrines the principle that, in respect of citizens of the Union, the 
exercise of that power,  in  so far as it affects the rights conferred and protected by the legal 
order of the Union, is amenable to judicial review carried out in the light of European Union 
law. 

It concluded therefore that a decision withdrawing naturalisation, such the one at issue in the 
main  proceedings,  where  the  consequence  of  the  withdrawal  is  that  the  person  in  question 
loses, in addition to the nationality of the Member State of naturalisation, citizenship of the 
Union,  should  be  scrutinized  by  the  national  courts  by  reference  to  the  principle  of 
proportionality in the light of EU law, in addition, where appropriate, to the examination of 
the proportionality of the decision in the light of national law. 

The Court stated that, having regard to the importance which primary EU law attaches to the 
status of citizen of the Union, it is necessary for the national courts to take into account the 
consequences  that  the  decision  entails  for  the  person  concerned  and  for  the  members  of  his 
family  with  regard  to  the  loss  of  the  rights  enjoyed  by  every  citizen  of  the  Union.  It  is 
necessary to establish, in particular, whether that loss is justified in relation to  

–  the gravity of the offence committed by that person  

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in  Focus,  36/2010  "Acquisitions  of  citizenship  slightly  declining 

http://eudo-citizenship.eu 
http://ec.europa.eu/justice_home/funding/integration/funding_integration_en.htm  
Statistics 
http://ec.europa.eu/eurostat. 
For further developments  on  the  link between  nationality,  citizenship  and  integration of  third-country 
nationals,  see  chapter  5  of  the  Handbook  on  integration  for  policy-makers  and  practitioners  (third 
edition). 
See,  inter  alia,  Cases  C-369/90  Micheletti  and  Others,  [1992]  ECR-I4239,  paragraph  10;  C-179/98 
Mesbah [1999] ECR I-7955, paragraph 29; C-200/02 Zhu and Chen [2004] ECR I-9925, paragraph 37. 

the  EU" 

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–  the lapse of time between the naturalisation decision and the withdrawal decision and 

–  the possibility for that person to recover his original nationality. 

The  Commission  will  encourage  initiatives  and  projects  aimed  at  acquiring  and  sharing 
knowledge  and  exchanging  experience  on  conditions  and  procedures  for  forfeiting  Member 
States'  nationality  and,  consequently,  EU  Citizenship,  to  disseminate  good  practices  and, 
where necessary, facilitating coordination, without encroaching on national competences.  

2.2.3.  Problems related to the acquisition and loss of Member States' nationality  

On  issues  related  to  nationality  the  Commission  replied  over  the  reporting  period  to 
approximately 130 individual queries, 18 European Parliament questions and 5 petitions. 

During  the  reporting  period,  a  number  of  Member  States  modified  their  legislation  on 
acquisition  and  loss  of  citizenship.  According  to  EU  law,  the  conditions  for  obtaining  and 
forfeiting citizenship of the Member States are regulated exclusively under the national law of 
the individual Member States. Any Member State is free to lay down the conditions for the 
acquisition and loss of its citizenship. This principle of international law is not affected by any 
provisions of the Treaty, and, as set out above, has been confirmed in settled case law of the 
Court of Justice.  

To the extent that the rights conferred and protected by the legal order of the Union are not 
affected  as  a  result  of  the  exercise  by  Member  States  of  their  powers  in  the  sphere  of 
nationality, the ensuing issues do not fall within the ambit of EU law and the Commission has 
no power to intervene in this regard.  

Within its remit, the Commission supports all efforts aimed at resolution of the relevant issues 
and  promotes  good  relations  in  the  spirit  of  mutual  understanding  and  cooperation  which 
characterises relations between Member States of the European Union.  

2.3. 

Free movement and residence of EU citizens  

2.3.1.  Measures  to  ensure  the  correct  transposition  and  application  of  Directive 

2004/38/EC 

The  adoption  of  Directive  2004/38/EC11  on  29  April  2004,  on  the  right  of  citizens  of  the 
Union and their family members to move and reside freely within the territory of the Member 
States,  increased  significantly  the  effectiveness  and  accessibility  of  this  right  as  it  codified 
pre-existing  relevant  legislation  and  case-law,  made  the  applicable  EU  rules  simpler  and 
clearer and streamlined national procedures.  

The Commission followed closely the measures taken at national level for the transposition of 
this  Directive,  set  for  30  April  2006,  and  adopted,  on  10  December  2008,  a  report  on  its 
application12, in which it identified a large number of problematic issues.  

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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  territory  of  the 
Member States (OJ L 158, 30.4.2004, p. 77). 
COM(2008) 840. 

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To remedy this situation and to ensure the correct application of EU law at national and local 
level, the Commission has been  

–  providing  guidance  to  Member  States  on  correct  implementation  of  EU  free  movement 

legislation and facilitating exchange of good practices  

–  pursuing a strong and consistent enforcement approach and  

–  improving citizens' access to information on how to exercise their rights in practice.  

On  9  July  2009,  the  Commission  adopted  a  Communication  on  guidance  for  better 
transposition and application of Directive 2004/38/EC13. To address the most problematic 
issues regarding the correct application of EU law on free movement identified in the report, 
this  Communication  provided  detailed  guidance  to  Member  States  with  the  objective  of 
bringing a real improvement for all EU citizens.  

In  2008  the  Commission  established  a  group  of  Member  States’  experts  on  the  practical 
implementation of Directive 2004/38/EC. This group has been formalised in December 2009 
and  has  been  meeting  regularly  to  exchange  views,  know-how  and  best  practices  on  issues 
related  to  the  application  of  EU  law  on  free  movement,  including  on  fighting  abuses  and 
fraud.  

In the course of 2009 and 2010, the Commission has been carrying out structural bilateral 
meetings  with  the  Member  States  to  resolve  all  identified  shortcomings  in  the  national 
transposition  measures  and  to  find  appropriate  solutions,  including  launching  infringement 
procedures where needed.  

On 19 March 2010, the Commission adopted a Decision establishing the Handbook for the 
processing  of  visa  applications  and  the  modification  of  issued  visas14  containing 
operational instructions, best practices and recommendations on how the rules on processing 
of visa applications, as laid down in the Visa Code15, must be applied by the authorities. This 
Handbook  includes  a  chapter  dedicated  to  processing  of  visa  applications  from  family 
members  of  EU  citizens  and  should  represent  a  real  improvement  with  regard  to  some 
persistent problems of correct application of EU law on free movement. 

On  13  July  2010,  the  Commission  adopted  a  Communication  'Reaffirming  the  free 
movement of workers: rights and major developments'16, which aims to present an overall 
picture of the freedom to move of EU migrant workers and to raise awareness and promote 
their rights. 

In addition, the new Your Europe web portal17 helps EU citizens to know their rights and to 
find practical tips to help them move around the European Union.  

The  Commission  has  also  just  published  a  simplified  and  reader-friendly  guide  for  EU 
citizens on freedom to move and live in Europe18. 

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COM(2009) 313. 
C(2010) 1620. 
Regulation  (EC)  No  810/2009  of  the  European  Parliament  and  of  the  Council  of  13  July  2009 
establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1). 
COM(2010) 373. 
http://ec.europa.eu/youreurope/index.htm 

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2.3.2.  Enquiries and complaints handled 

Over the reporting period, the Commission replied to a large number of individual queries on 
free  movement  and  residence  issues  (approximately  770  in  2007,  1070  in  2008,  1 000  in 
2009,  and  340  in  January-July  2010),  out  of  which  it  registered  in  the  central  register  of 
complaints 64 in 2007, 81 in 2008, 255 in 2009 and 128 in January-July 2010. It also replied 
to  approximately  240  European  Parliament  questions  and  85  petitions  related  to  free 
movement of EU citizens. 

Additional enquiries related to free movement and residence of EU citizens and their family 
members were received  and handled  by SOLVIT19.  Statistics regarding the reporting period 
show a steady substantial increase of the percentage of free movement and residence related 
problems  submitted  to  SOLVIT,  rising  from  15%  of  the  SOLVIT  case  volume  in  2007,  to 
20%  in  2008  and  38%  in  2009,  when  residence-related  issues  became  the  area  with  the 
biggest share of complaints (549 cases handled and closed with 92% of cases solved). In the 
first  six  months  of  2010,  SOLVIT  received  (out  of  a  total  of  almost  7 000  enquiries)  1 314 
enquiries on free movement and residence related issues.  

There are currently 63 infringement proceedings launched against Member States in the area 
of free movement and residence of EU citizens. 

2.3.3.  Examples of issues addressed 

An example of concrete outcomes of the approach followed by the Commission to ensure the 
correct application of the EU rules on free movement and residence regards the follow-up to 
the judgment of the Court of Justice of 25 July 2008 in Case C-127/08, Metock and Others20. 
In this judgment, the Court had found that national rules making the right of residence of third 
country  family  members  of  EU  citizens  conditional  upon  their  prior  lawful  residence  in 
another Member State were contrary to EU law.  

As highlighted in the Commission report of 10 December 2008 on the application of Directive 
2004/38/EC, this judgment had caused considerable controversy in some Member States, who 
were concerned that this could make it easier for third country nationals to “regularise” their 
situation  by  means  of  marriage  to  an  EU  citizen.  The  Court  recalled  in  the  ruling  that 
Directive  2004/38/EC  does  not  prevent  Member  States  from  fighting  against  abuse  of  EU 
rights, including marriages of convenience, as stipulated in Article 35 of the Directive. 

Since  then,  the  Commission  has  been  working  closely  with  Member  States  both  bilaterally 
and in the expert group on free movement of EU citizens to ensure that national authorities 
can take effective measures and exchange information to counter abuse and fraud and that, at 
the same time, all Member States amend their rules to comply with the judgment. 

One  of  the  main  cases  dealt  with  during  the  reporting  period  concerned  the  delays  in 
processing  residence  applications  of  EU  citizens  and  their  families  by  the  United  Kingdom 
authorities.  Since  October  2008,  the  Commission  has  registered  more  than  250  individual 
complaints by EU citizens and their families  alleging  that  the  UK  authorities  failed  to  meet 

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http://ec.europa.eu/justice/policies/citizenship/docs/guide_free_movement.pdf 
SOLVIT  is  an  on-line  problem-solving  network  in  which  Member  States  work  together  to  deal  with 
problems arising from the incorrect application of Internal Market law by public authorities. 
[2008] ECR I-6241. 

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the  deadlines  imposed  by  national  and  EU  law  for  handling  their  residence  applications. 
Following  contacts  with  the  UK,  the  UK  authorities  put  in  place  a  comprehensive  plan 
including  the  significant  expansion  (by  400%)  of  the  number  of  caseworkers  making 
decisions on European applications and the time for handling new applications has returned to 
the appropriate service standards, as required by Directive 2004/38/EC. This example shows 
that in many cases promoting a dialogue with Member States can prove to be effective for the 
benefit  of  EU  citizens  and  their  family  members.  The  Commission  continues  to  closely 
monitor the situation.  

2.3.4.  Future priorities 

The main actions that the Commission is going to take on free movement issues are addressed 
in the EU Citizenship Report 2010, to which the present Report is annexed.  

Priority will be given to enforcement. Following an analysis of the legislation and practice in 
Member  States  regarding  the  application  of  EU  rules  on  free  movement  and  residence  and 
bilateral  contacts  with  Member  States,  the  Commission  is  now  launching,  where  necessary, 
infringement proceedings on the transposition of Directive 2004/38/EC and will continue to 
deal  with  key  infringement  cases  on  issues  related  to  the  incorrect  application  of  free 
movement rules, including in relation to the non-discrimination principle. 

Information  sharing  on  fighting  abuse  and  fraud  in  relation  to  free  movement  remains  a 
priority addressed in the framework of the expert group on free movement of EU citizens. The 
Commission also intends to promote best practices for a smooth and efficient administrative 
treatment  of  free  movement  issues  and  for  ensuring  that  officials  on  the  front-desks  of 
local/regional/national authorities have adequate knowledge of relevant EU law.  

In  2013,  the  Commission  will  issue  a  report  on  the  application  of  the  EU  rules  on  free 
movement,  drawing  an  overall  assessment  of  their  impact  and  indicating  areas  for 
improvement. 

2.4. 

Electoral rights 

EU citizens who live in a Member States other than the one of which they are nationals are 
guaranteed  the  right  to  participate  (as  voters  and  as  candidates)  in  municipal  and  European 
Parliament elections in that State under the same conditions as its nationals. 

On electoral rights, the Commission replied during the reporting period to approximately 170 
individual  queries,  30  European  Parliament  questions  and  9  petitions.  During  this  period, 
infringement  proceedings  were  launched  against  18  Member  States  who  had  failed  to 
communicate  in  due  time  measures  for  the  transposition  of  Directive  2006/106/CE21  on  the 
arrangements to vote in municipal elections taking into account the accession of Bulgaria and 
Romania. 

A number of letters from EU citizens, petitions and questions from the European Parliament 
concerned  the  fact  that  according  to  the  legislation  of  several  Member  States,  nationals  are 

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Council  Directive  2006/106/EC  of  20  November  2006  adapting  Directive  94/80/EC  laying  down 
detailed  arrangements  for  the  exercise  of  the  right  to  vote  and  to  stand  as  a  candidate  in  municipal 
elections by citizens of the Union residing in a Member State of which they are not nationals, by reason 
of the accession of Bulgaria and Romania (OJ L 363, 20.12.2006, p. 409).  

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disenfranchised  if  they  move  and  reside  in  another  Member  State  after  a  certain  period.  In 
such cases, EU citizens are deprived of the exercise of their voting rights in national elections 
by reason of exercising their right to free movement. This important issue is addressed in the 
EU  Citizenship  Report  2010  in  view  of  working  with  Member  States  to  avoid  that  such 
situations continue to occur. 

As mentioned above, a Report evaluating the transposition of EU law in the field of European 
elections and its implementation in the 2009 European Parliament elections, adopted together 
with  the  present  Report,  presents  developments  during  the  reporting  period  and  further 
measures planned. 

The  Commission  will  issue  a  report  assessing  the  transposition  and  implementation  of  the 
relevant EU rules (Directive 94/80/EC22) in 2011. 

2.5. 

Consular protection 

A Union citizen, travelling to or living in a non-EU country where his or her Member State is 
not represented has the right to enjoy the protection of the diplomatic and consular authorities 
of any Member State under the same conditions as the nationals of that State. 

The  Commission  will  present  a  Communication  in  March  2011  on  "Consular  protection  in 
third countries: the case for the EU citizen - state of play and way forward" taking stock of the 
EU's  contribution  to  effective  consular  protection  in  third  countries  as  announced  in  the 
Commission's Action Plan 2007-200923 and giving orientations on the way forward based on 
the experience gained and the renewed legal framework.  

2.6. 

The right to petition the European Parliament and to apply to the Ombudsman 

EU citizens, as well as any natural or legal person residing or having its registered office in a 
Member State, have the right to petition the EP on a matter which comes within the sphere of 
activity of the Union and which concerns the petitioner directly (Articles 24 and 227 TFEU). 
The EP received 1 506 petitions in 2007, 1 849 petitions in 2008 and 1 924 petitions in 2009.  

Complaints  may  also  be  sent  to  the  European  Ombudsman  concerning  instances  of 
maladministration  in  the  activities  of  the  Community  institutions  or  bodies  (Articles  24  and 
228  TFEU).  The  number  of  complaints  received  by  the  Ombudsman  and  falling  inside  his 
mandate  were  870  in  2007,  802  in  2008  and  727  in  2009.  During  the  same  period,  the 
Ombudsman  received  many  more  complaints  deemed  to  fall  outside  his  mandate  or  to  be 
inadmissible (2 401 in 2007, 2 544 in 2008 and 2392 in 2009). 

2.7. 

Overall awareness of EU citizens' rights  

A Flash Eurobarometer survey carried out in March 201024 gauged citizens' awareness of EU 
Citizenship rights, whilst allowing for comparison with the findings of two previous surveys 
carried out in 2002 and 2007. 

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Council Directive of 19 December 1994 laying down detailed arrangements for the exercise of the right 
to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member 
State of which they are not nationals (OJ L 368, 31.12.1994, p. 38).  
COM(2007) 767. 
Flash Eurobarometer 294 'EU citizenship', March 2010. 

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Familiarity with the term “citizen of the European Union” remains consistently high: the vast 
majority (79%) claimed some familiarity with the term. Overall, the proportion of citizens in 
the EU15 Member States who stated that they never heard of the term has decreased from a 
third (32%) in 2002 to a quarter (24%).  

In the past three years, the familiarity gap between those countries that were already members 
prior  to  2004  and  the  EU12  Member  States  has  disappeared:  citizens  in  the  EU12  Member 
States are now more confident about the notion of European citizenship than those living in 
the  EU15  Member  States.  Citizens  in  the  EU12  Member  States  who  stated  that  they  have 
never heard of the term were only 13% compared to 24% in the EU15 Member States (24%).  

Only 43% of the EU citizens polled stated that they know the meaning of the term and half of 
the persons interviewed (48%) indicated that they were "not well informed" about their rights 
as EU citizens. Indeed, less than one-third (29%) consider themselves "well informed" about 
their  rights  as  EU  citizens  and  only  3%  consider  themselves  "very  well  informed".  These 
figures represent no change since 2007. This stability is most likely due to the fact that even 
in 2007 large majorities were aware of these rights.  

There  is  hardly  any  confusion  about  the  "automatic"  nature  of  EU  Citizenship.  9  out  of  10 
respondents  are  aware  that  “they  are  both  citizens  of  the  EU  and  (nationality)  at  the  same 
time”  (same  percentage  as  in  2007).  However,  about  one-fifth  of  respondents  believe  that 
“they have to ask to become citizens of the EU” or that “they can choose to be citizens of the 
EU” (both 20%).  

Respondents  were  most  familiar  with  their  residence  rights  as  EU  citizens:  89%  knew  that 
they  had  the  right  to  reside  in  any  Member  State,  subject  to  certain  conditions  (+2  points 
compared to 2007). A high level of awareness was further found regarding the right to make a 
complaint to the Commission, the European Parliament and the Ombudsman (87%, +2 points 
compared to 2007) and to have the same treatment as a national in any Member State (85%, 
+2 points compared to 2007).  

Roughly 7 in 10 EU citizens (68%) were aware of their newly established right to participate 
in a Citizens’ initiative. 

Confronted with the incorrect statement that "a citizen of the EU has the right to acquire the 
nationality of any Member States in which he has lived for at least 5 years", only 22% of the 
respondents correctly identified it as false whereas 13% were unable or unwilling to answer 
the 

EN 

10 

   EN 

question.

Awareness of the rights that a citizen of the EU has, 2007-2010

Yes, has 
this right

No, does 
not have 
this right

DK/NA

11/2007 

Yes

No

DK/NA

03/2010 

A citizen of the European Union has 
the right to reside in any Member 
State of the Europea, subject to 
certain conditions

A citizen of the European Union has 
the right to make a complaint to the 
European Commission, European 
Parliament or European 
Ombudsman

A citizen of the European Union, 
residing in another Member State, 
has the right to be treated exactly in 
the same way  as a national of that 
State
A citizen of the European Union 
finding himself outside the EU has 
the right to ask for for help at  
embassies of other European Union 
Member countries,  if his country 
does not have an embassy there

88

7

5

He/she has the right to reside in any 
Member State of the European 
Union, subject to certain conditions

89

8

3

85

6

9

83

10

8

80

9

12

He/she has the right to make a 
complaint to the European 
Commission, European Parliament 
or European Ombudsman

When residing in another Member 
State, he/she has the right to be 
treated exactly in the same way as a 
national of that State

Being outside the EU he/she has the 
right to ask for help at embassies of 
other EU Member States, if his/her 
country does not have an embassy 
there

He/she has the right to participate in 
a Citizens' initiative, a request signed 
by at least 1 million EU citizens 
inviting the European Commission 
to propose a new policy measure

87

7

6

85

11

4

79

11

11

68

13

20

A citizen of the European Union has 
the right to acquire the nationality 
of any Member State  in which he 
has lived for at least 5 years

61

20

19

He/she has the right to acquire the 
nationality of any Member States in 
which he has lived for at least 5 years

65

22

13

Q4. In fact, all citizens of the EU Member States are”citizen of the European Union” already since 1992. 
In your opinion what rights does a citizen of the Union have?
Base: all repondents, % EU27

2.8. 

Statistical data on EU citizens who have exercised their right to free movement 
and residence 

As shown in the table in the Annex to this Communication, as of 1 January 2009, there were 
approximately  11.7  million  EU  citizens  residing  in  a  Member  State  of  which  they  were  not 
nationals.  This  is  not  necessarily  an  accurate  picture  of  the  overall  number  of  EU  citizens 
actually exercising their right to free movement and residence, as certain categories of mobile 
EU citizens are not taken into account in these statistics. 

The criterion for inclusion or exclusion of a person in the "usually resident" population of the 
reporting country is a stay of at least 12 months25. Many EU citizens who travel for business 
or  pleasure,  or  to  provide  or  receive  services,  the  commuters  or  those  who  reside  in  other 
Member States than their own for less than 12 months (e.g. Erasmus students for 9 months, 
trainees, etc.) are not taken into account.  

Many  EU  citizens  -  particularly those  who  do  not  expect  to  stay  permanently  or  who  make 
regular return visits to the country of origin (such as students, weekly commuters, people with 
homes in two Member States) may not register or will register only when they have a reason 

25 

The  data  in  this  table,  provided  by  Member  States  to  Eurostat,  are  based  on  the  concepts  of  "usual 
residence" "immigration" and "emigration" as defined in Article 2(1)(a)(b) and (c) of Regulation (EC) 
No 862/2007 of the European Parliament and the Council of 11 July 2007 on Community statistics on 
migration  and  international  protection  and  repealing  Council  Regulation  (EEC)  No  311/76  on  the 
compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23). 

EN 

11 

   EN 

 
                                                 
for it – for instance when they begin work. Importantly, these people may see little reason to 
de-register when they leave.  

It is also possible for persons such as those who spend long periods in two Member States, to 
be recorded as resident in both Member States. Similarly, a number of Member States assume 
that students leaving to study abroad are only temporarily absent and so retains them. 

As  part  of  an  ongoing  programme  on  improving  migration  statistics,  Eurostat  plans  to 
undertake  a  pilot  project  to  assess  the  feasibility  of  a  system  of  exchanging  individual 
information between Member States' registers, to remedy some of these problems.  

2.9. 

Financial programmes 

2.9.1.  Programme "Europe for Citizens"  

The Commission implements the "Europe for Citizens" Programme, established for the period 
2007  to  201326  with  a  total  budget  of  215M €,  with  a  vi ew  to  fostering  civic  participation, 
creating a sense of belonging to the European Union among its citizens, enhancing tolerance 
and  mutual  understanding  and  developing  a  European  identity.  The  programme  aims  at 
enabling  citizens  to  participate  in  building  Europe  through  exchanges,  debates,  reflection, 
learning and other activities and its annual priorities cover the future of the EU and its basic 
values,  democratic  participation,  intercultural  dialogue,  and  the  impact  of  EU  policies  in 
societies. It includes actions such as town twinning, citizens' projects, support for think-tanks 
and civil society organisations, etc. Some 1 million citizens/year participate in projects under 
the programme.  

2.9.2.  Programme "Fundamental Rights and Citizenship" 

The  Commission  is  promoting  rights  derived  from  EU  Citizenship  via  the  programme 
"Fundamental  Rights  and  Citizenship",  established  for  the  period  2007-2013  as  part  of  the 
General Programme ‘Fundamental Rights and Justice’ with a total budget of 93.8 M € 27. One 
of  the  objectives  is  to  promote  the  development  of  a  European  society  based  on  respect  for 
fundamental  rights,  including  rights  derived  from  citizenship  of  the  Union.  One  of  the 
priorities  for  financing  projects  has  been  to  promote  information  and  civic  education 
initiatives on the active participation of EU citizens in the democratic life of the Union, and in 
particular, participation in European Parliament and municipal elections. 

2.9.3. 

7th  Research  Framework  Programme: 
Sciences and humanities  

thematic  Programme  Socio-economic 

The  Commission  is  funding  research  in  the  field  of  social  sciences  and  humanities,  aiming, 
among  other,  to  further  knowledge  on  EU  citizenship  as  well  as  to  raise  awareness  and 
disseminate  research  results  among  academic  communities,  policy  makers,  civil  society 
organisations and the broader public. In particular, an entire area of research, with a budget of 
approximately 125M € for the period 2007-2013, is  devoted to "The Citizen in the European 

26 

27 

Decision  No  1904/2006/EC  of  the  European  Parliament  and  of  the  Council  of  12  December  2006, 
establishing for the period 2007 to 2013 the programme Europe for Citizens to promote active European 
citizenship (OJ L 378, 27.12.2006, p. 32). 
Council  Decision  2007/252/EC  of  19  April  2007  establishing  for  the  period  2007-2013  the  specific 
programme Fundamental rights and citizenship as part of the General programme Fundamental Rights 
and Justice (OJ L 110, 27.4.2007, p. 33).  

EN 

12 

   EN 

                                                 
Union",  specifically  addressing  issues  related  to  achieving  a  sense  of  democratic  ownership 
and active participation by Europe's citizens, in the context of the future development of the 
enlarged European Union28. 

3. 

CONCLUSIONS 

This Report takes stock of the main developments on EU Citizenship rights and constitutes an 
important  element  on  the  basis  of  which  further  action  is  identified  in  the  EU  Citizenship 
Report 2010, notably as regards the right to free movement and residence, consular protection 
of unrepresented EU citizens abroad and rights of citizens to vote and stand as candidates in 
municipal and European elections in their Member State of residence. 

Starting next year, the Commission will make an annual assessment of the Treaty provisions 
on  the  rights  attached  to  EU  Citizenship  in  the  context  of  the  Annual  Report  on  the 
application of the Charter of Fundamental Rights of the EU, which will be issued for the first 
time in 2011.  

This should allow the Commission to present every three years a more substantiated diagnosis 
of  the  situation,  the  remaining  obstacles  that  citizens  face,  and  announce  remedies  to 
strengthen EU Citizenship rights. 

28 

EN 

Further  information  on  the  functioning  and  the  results  of  Socio-economic  Sciences  and  humanities 
(SSH)  thematic  Programme  funded  under  the  7th  Research  Framework  Programme  can  be  found  at 
http://cordis.europa.eu/fp7/ssh/home_en.html. 

13 

   EN 

                                                 
ANNEX 

EN 

14 

EN 

 
  
ABSOLUTE NUMBERS 

PERCENTAGES

Year 2009
Belgium*
Bulgaria
Czech Republic
Denmark
Germany
Estonia
Ireland
Greece
Spain
France
Italy
Cyprus
Latvia
Lithuania
Luxembourg 
Hungary
Malta
Netherlands
Austria
Poland
Portugal
Romania
Slovenia
Slovakia
Finland
Sweden
United Kingdom*
EU

Total 
population

Nationals

10666866
7606551
10467542
5511451
82002356
1340415
4450030
11260402
45828172
64366894
60045068
796900
2261294
3349872
493500
10030975
413607
16485787
8355260
37867903
10627250
21498616
2032362
5412254
5326314
9256347
61175586
498929574

9695418
7582592
10060001
5191263
74816435
1124918
3938139
10330872
40177204
60629345
56153773
668700
1857281
3308367
277991
9844610
395472
15766293
7484556
37830413
10184148
21466951
1961639
5359709
5183058
8694223
57154800
467138171

Non-nationals
971448
23838
407541
320033
7185921
214437
504068
929530
5650968
3737549
3891295
128200
404013
41505
214848
186365
18128
637136
864397
35933
443102
31354
70554
52545
142288
547664
4020800
31675460

*Data for BE and UK are for 2008

EN 

Non-nationals but 
nationals from 
other EU MS

Third country 
nationals

Nationals

Non-
nationals

Non-nationals but 
nationals from 
other EU MS

312025
20306
261727
211366
4655215
204805
139232
767919
3376810
2435198
2759528
:
394607
38994
29494
76561
9883
346719
547402
25618
358375
25313
66359
19836
90365
292093
2406000
19871750

90,9
99,7
96,1
94,2
91,2
83,9
88,5
91,7
87,7
94,2
93,5
83,9
82,1
98,8
56,3
98,1
95,6
95,6
89,6
99,9
95,8
99,9
96,5
99,0
97,3
93,9
93,4
93,6

9,1
0,3
3,9
5,8
8,8
16,0
11,3
8,3
12,3
5,8
6,5
16,1
17,9
1,2
43,5
1,9
4,4
3,9
10,3
0,1
4,2
0,1
3,5
1,0
2,7
5,9
6,6
6,3

6,2
0,0
1,4
2,0
3,1
0,7
8,2
1,4
5,0
2,0
1,9

0,4
0,1
37,6
1,1
2,0
1,8
3,8
0,0
0,8
0,0
0,2
0,6
1,0
2,8
2,6
2,3

659423
3532
145814
108667
2530706
9632
364836
161611
2274158
1302351
1131767
:
9406
2511
185354
109804
8245
290417
316995
10315
84727
6041
4195
32709
51923
255571
1614800
11675510

15 

Third 
country 
nationals
2,9
0,3
2,5
3,8
5,7
15,3
3,1
6,8
7,4
3,8
4,6

17,5
1,2
6,0
0,8
2,4
2,1
6,6
0,1
3,4
0,1
3,3
0,4
1,7
3,2
3,9
4,0

EN 

 
  
 
EN 

16 

EN