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C 272 E/446 Official Journal of the European Union EN 13.11.


Thursday 5 September 2002



Citizenship of the Union

European Parliament resolution on the third Commission report on citizenship of the Union
(COM(2001) 506  C5-0656/2001  2001/2279(COS))

The European Parliament,

 having regard to the Third Commission report (COM(2001) 506  C5-0656/2001),

 having regard in particular to Articles 2, third and fourth indents, 6, 7 and 29 of the EU Treaty and
Articles 13, 14, 17 to 22 and 39 of the EC Treaty,

 having regard to the Charter of Fundamental Rights of the European Union,

 having regard to Rule 47(1) of its Rules of Procedure,

 having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home
Affairs and the opinions of the Committee on Constitutional Affairs, the Committee on Women’s
Rights and Equal Opportunities and the Committee on Petitions (A5-0241/2002),

A. whereas the European Council in Tampere decided that the ‘legal status of third-country nationals
should be approximated to that of Member States’ nationals. A person who has resided legally in a
Member State for a period of time to be determined and who holds a long-term residence permit,
should be granted in that Member State a set of uniform rights which are as near as possible to those
enjoyed by EU citizens (Conclusion 21),

1. Takes the view that the establishment of European citizenship is a response to the need felt by the
members of this new community of citizens to have a sense of adhering to a set of common democratic
values and being involved in the process of the European Union;

2. Affirms that European citizenship is not a substitute for national citizenship, but, on the contrary,
that it supplements and broadens national citizenship through the recognition of a set of rights common
to all European citizens;

3. Calls on the Member States to adapt the concept of Union citizenship to the political developments
in the Union and to recognise immigrants from third countries, who have a long-term residence permit, as
having rights which are as near as possible to those enjoyed by EU citizens;

4. Points out that the Charter of Fundamental Rights has now placed European citizenship definitively
at the heart of the EU’s activities;

5. Points out that the Charter of Fundamental Rights, despite its non-binding nature, has already con-
tributed to better safeguarding of fundamental rights by the Court of Justice, by consolidating the values of
the constitutional tradition shared by the Member States, to which the Treaties refer;

6. Notes, however, that recognition of this European citizenship has so far been very slow in coming
and that there are still too many obstacles in its way, including those relating to the freedom of movement
and residence of persons, even though such rights have been in existence since the signing of the Treaty of

7. States that the Daphne programme has been created to protect citizens rights of children, adolescents
and women; as such it should be further developed as an instrument to strengthen citizenship of the

8. Declares in consequence that the concept of European citizenship must be resolutely implemented in
all of its dimensions  political, administrative, judicial, social and economic;
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Thursday 5 September 2002

Political dimension

9. Points out in the light of the Commission report (1996-2001) that the level of participation by EU
citizens in European elections in their Member State of residence is far from satisfactory and calls on the
Member States concerned to take the necessary steps to ensure that administrative measures to provide
information and place citizens on electoral registers are taken as quickly as possible;

10. Is concerned, in more general terms, at the steadily declining rate of participation in European
elections, and draws the attention of the Member States and political parties to this phenomenon which
could, if it continues, ‘delegitimise’ the election of the European Parliament; calls on the Community insti-
tutions and Member States in consequence, with a view to the next European elections in 2004, to take
the necessary measures to make voters more aware of the importance of voting; calls also on the Member
States, when setting the date for the holding of the next European elections, to ensure that optimum
conditions for participation in the vote are provided;

11. Notes that the rate of participation by Community citizens (who number 4,7 million) in local
elections between 1996 and 2001 was very low and that this is due in large part to the lack of proper
information, which the Member States must make good;

12. Points out that a European citizenship cannot be created solely from above, but that the real
engagement and the active participation of the citizens in the European Union must originate from the
citizens themselves; therefore the Union must obtain greater legitimacy in the eyes of its citizens, and must
respond better to the needs, interests and values of its citizens; the Union must also function in a spirit of
openness and transparency, for example by respecting Regulation (EC) No 1049/2001 (1) on access to

13. Calls on those Member States that have not yet incorporated into their legal systems the internal
measures needed to provide diplomatic and consular protection for EU citizens whose state of origin has
no representation to do so forthwith;

Administrative dimension

14. Notes that a very large number of petitions to the European Parliament and complaints to the
European Ombudsman are declared inadmissible, which is a sign of ignorance of the exact areas of com-
petence of the EU, and calls in consequence on the Community institutions and Member States to take the
necessary measures to remedy this state of affairs;

15. Stresses the major role of the European Ombudsman now that he is responsible for ensuring that
both the right to proper administration and the right of access to documents are respected;

16. Considers it essential that European citizens should be better informed of the existence of the right
to petition the European Parliament and to complain to the European Ombudsman, as well as of the scope
of these rights;

17. Stresses that existing legislation on openness and transparency (Regulation (EC) No 1049/2001) has
been put into practice and that citizens are to be afforded clear and easy access to information, preferably
via a home page common to the institutions, and adequately informed of their rights as regards access to
EU information;

Judicial dimension

18. Stresses that the European Union is currently home to over 375 million people who are no longer
merely consumers in a large single market but are also citizens of that Union who have the right to move
freely within it and to settle in any part of its territory, for either personal or work-related reasons, and
who expect to be able to live in safety, without fear of persecution, violence or discrimination;

19. Takes the view that, with the gradual establishment of an area of freedom, security and justice,
European citizens in a broad sense of the term are entitled to demand a high level of protection, which
accentuates the need for police and judicial cooperation to be strengthened;

(1) OJ L 145, 31.5.2001, p. 43.

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Thursday 5 September 2002

20. Takes the view that the European institutions and the Member States are thus obliged to honour
this right by guaranteeing respect for the principles of freedom, equality and solidarity which are integral
parts of the Member States’ constitutional traditions and which are enshrined in the Charter, since Euro-
pean citizenship must manifest itself in a feeling of genuine membership of a constitutional democracy and
adherence to common values as set out in Article 6 of the Treaty on European Union;

21. Draws the Member States’ attention in particular to the importance that should be attached to
implementing anti-discrimination directives, to the fight against racism and xenophobia, the resurgence
of which is a matter for concern, and to equality between men and women; stresses also that the latter
must be encouraged to take a fuller part in public life and must be guaranteed equal rights, which is still
far from being the case, particularly in the social area;

22. Stresses the responsibility of the Member States to take all necessary measures, while respecting
fundamental rights, to afford citizens protection against terrorism and organised crime, as well as to sup-
port and compensate the victims of these two scourges;

23. Calls also on the Member States to take all necessary measures to give European citizens effective,
equitable access to justice, which in turn presupposes the adoption of minimum standards of criminal
procedure, as envisaged by the Commission;

24. Recommends to the Member States represented within the Council, in view of the continued exist-
ence of obstacles to the exercise of freedom of movement and residence by European citizens, to adopt
without delay, despite the remaining problems, the proposal for a directive of on the right of citizens of
the Union and their family members to move and reside freely within the territory of the Member States (1)
which makes essential simplifications by revising the existing texts and, in particular, establishes the right
of permanent residence after four years of uninterrupted residence;

25. Also welcomes the fact that this proposal for a directive provides the legal security which is indis-
pensable to Community citizens by very strictly limiting the conditions under which a Member State can
take expulsion measures and by forbidding all measures of this type directed at citizens who have acquired
a permanent right of residence;

26. Stresses that measures to combat crime must be considered with due regard for the Union’s com-
mitments on human rights, including at all times the right of due process (i.e. the right to a fair trial);

27. Recalls that, in the case of restrictions on the right of ownership, e.g. the freezing of assets in the
fight against terrorism, there must always be a possibility of judicial review and, in certain cases, interim

28. Also welcomes the proposal for a directive concerning the status of third-country nationals who are
long-term residents (2) under which legal immigrants (of whom there are 20 million in the EU) are granted
the status of long-term resident and should be able to enjoy similar rights to those of EU citizens stricto
sensu, and calls on the Member States to begin their consideration of this proposed directive without

29. Welcomes the judgment of the Court of First Instance of 3 May 2002, which extends the conditions
for appeals by individuals against decisions of a general and abstract nature restricting their rights or
increasing their obligations, thereby strengthening the Union as a community based on law;

Promoting European citizenship

30. Considers it essential to implement a strategy to promote European citizenship at both the institu-
tional and the legal level, as well as from the educational and information points of view;

31. Calls on the European Convention, one of whose tasks is to make the objectives and values of the
Union more explicit, to agree what binding legal status should be given to the Charter of Fundamental
Rights of the European Union, to communitarise the third pillar and to endeavour to ensure that texts in
which EU policies are laid down are more accessible to the general public as a whole;

(1) OJ C 270 E, 25.9.2001, p. 150.

(2) OJ C 240 E, 28.8.2001, p. 79.
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Thursday 5 September 2002

32. Urges the members of the Convention to improve the direct relationship between the individual
citizen and the EU institutions by simplifying procedures and language as well as by granting every indi-
vidual the right of access to the Court of Justice;

33. Calls on the Member States to remedy the many legislative discrepancies which continue to exist
and which represent an obstacle to the full expression of European citizenship in the areas of the status of
individuals (conditions for obtaining residence permits, implementation of the right to family reunion),
justice (minimal procedural standards) and conditions of movement and residence for migrant workers
(social security system, transfer of pension rights);

34. Calls on the Member States and their competent authorities to use educational programmes in order
to encourage a better knowledge of Europe, particularly in the form of history and language teaching;

35. Considers it essential to reinforce the still very inadequate exchange programmes for young people,
such as Socrates and Leonardo da Vinci, which contribute to greater mutual understanding, a spirit of
tolerance and the emergence of a European consciousness;

36. Calls for a Mobility Action Plan (MAP) to be adopted as a matter of urgency, in order to facilitate
and increase movement of students, volunteers, teachers and trainers;

37. Stresses the need, in order to fill the current information gap, to reinforce by every means available
an EU information and communication policy which would be as targeted and appropriate as possible;
considers it essential, in particular, to make available to the public, in the various official languages and
free of charge, the EU’s document base and to promote the development of interactive portals;

38. Recognises the remarkable effort that the Commission has made for some time to ensure that
citizens of the Union have access to information on their rights, as part of an ongoing dialogue, in par-
ticular by implementing the ‘Europe Direct’ programme;

39. Calls on the Commission, finally, to ensure that its next report on European citizenship covers all
the rights pertaining to this concept;

* *

40. Instructs its President to forward this resolution to the Council and Commission.


European Area of Lifelong Learning

European Parliament resolution on the Commission communication on Making a European Area

of Lifelong Learning a Reality (COM(2001) 678  C5-0165/2002  2002/2073(COS))

The European Parliament,

 having regard to the Commission communication (COM(2001) 678  C5-0165/2002),

 having regard to Articles 149 and 150 of the EC Treaty,

 having regard to Article 14 of the Charter of Fundamental Rights of the European Union, thereof,

 having regard to the conclusions of the Lisbon, Santa Maria da Feira, Stockholm, and Barcelona Euro-
pean Councils,