Commission conclusions regarding EU citizenship

In previous posts on my blogs, I have commented on aspects of the progress report from the European Commission:

On progress towards effective EU Citizenship 2007-2010; Brussels 27.10.2010, COM(2010) 602 final

In this blog entry we first present the conclusions of the progress report (page 13):

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.

In the first paragraph, the Commission announced the main issues to look for in the Citizenship Report COM(2010) 603, when we soldier on.

We look forward to the promised Annual Report on the application of the Charter of Fundamental Rights of the EU, including its assessment of citizenship rights, beginning next year.


Population and citizenship

The annex presents interesting facts about the number and proportion of nationals and non-nationals (EU citizens and third country citizens)(page 15).

There are huge variations in the relative sizes. In Luxembourg 43.5 per cent of the total population are non-nationals (overwhelmingly from other EU countries), whereas the proportion of non-nationals in Poland and Romania hardly registered: 0.1 per cent.



Ralf Grahn



P.S. The Institute of International and European Affairs (IIEA) in Dublin, Ireland, offers what we could call IIEA blogs, with quality entries.

EU citizenship: What is progress?

Yesterday I thought about the meaning of progress, when I read the progress report from the Commission:

On progress towards effective EU Citizenship 2007-2010; Brussels 27.10.2010, COM(2010) 602 final

Is it progress when the member states have left it to each other and international law to create citizens of the European Union, and the Commission does not even discuss questionable decisions on mass naturalisation and potential problems? In: National and EU citizenship: What if? (30 November 2010).

Is it progress when the Commission had turned less transparent by taking away the Visa Handbook from its website, making the claimed improvements hard to verify? In: EU citizenship: Visas for family members (30 November 2010).

Perhaps you should download this version while you can: Commission decision of 19.3.2010 establishing the Handbook for the processing of visa applications and the modification of issued visas; Brussels, 19.3.2010 C(2010) 1620 final


Free movement and residence


Despite the Citizenship Directive 2004/38, the Visa Code Regulation 810/2009 and the improvements claimed by the Commission in its Visa Handbook C(2010) 1620, issues concerning the free movement and residence of EU citizens and their family members have continued to vex the people concerned during 2010. Progress report, page 7:

Additional enquiries related to free movement and residence of EU citizens and their family members were received and handled by SOLVIT. 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.

In the area of free movement, the Commission promised to give enforcement priority (including infringement procedures), but also to address issues of abuse and fraud together with the member states and to promote the smooth administration of free movement issues (page 8 of the progress report), as presented in more detail in the EU Citizenship Report COM(2010) 603.



Ralf Grahn



P.S.For academics, blogging is almost like getting visibility in real life. Ideas on Europe is a multi-user blog site which provides an impartial and unbiased platform for informed analysis, comment and debate. The site is administered by UACES, whose membership consists of over 1000 academics, practitioners and research students. Among the active bloggers who have ventured outside the ebony towers we find promising (young) academics such as Giorgio Tabagari, Jaanika Erne, Europe on the Strand (collective), Ronny Patz, Pietro De Matteis, Nick Wright, European Geostrategy (collective) and Politika (Sandra Maria Rodrigues Balão).

EU progress report on single European electronic communications market

In the context of the Europe 2020 strategy and the Digital Agenda for Europe, the European Commission has published its annual report (for 2009) on the progress towards a single European electronic communications market:




PROGRESS REPORT ON THE SINGLE EUROPEAN ELECTRONIC COMMUNICATIONS MARKET 2009 (15TH REPORT); Brussels, 25.5.2010 COM(2010)253 final (17 pages)



The report is available in Spanish, Czech, German, English, French, Latvian, Maltese, Portuguese, Slovenian and Swedish (10 out of 23 EU languages).

Two short excerpts:

This Communication reports on market and regulatory developments in the EU’s electronic communications sector in 2009.


Consumers and businesses are still faced with 27 different markets and are thus not able to take advantage of the economic potential of a single market.

After analysis of market developments, the regulatory environment and consumer issues, the report reaches the following conclusions:

To move closer to a true single market, it is vital to step up efforts to address the issues identified in this Communication. The Commission will continue to closely monitor market developments so that problems can be tackled swiftly. In line with the Digital Agenda and the measures it outlines on spectrum, universal service, the regulatory treatment of NGAs [next generation access networks] and privacy, the Commission will also take a number of targeted measures:

(1) to address the divergences in regulatory approaches and the lack of timely and effective enforcement of remedies;

(2) to lay solid foundations for a correct and timely implementation of the revised regulatory framework and;

(3) to ensure an effectively functioning Body of European Regulators for Electronic Communications (BEREC).

These measures will in turn strengthen competition for the benefit of consumers and ensure that operators function in an environment which allows them to adapt their business models to new realities.

A press release from the Commission, available in 19 languages, offers an overview of the findings, and it hammers in the message that consumers and businesses still face 27 fragmented national markets: Telecoms: citizens and businesses pay the price for inconsistent application of EU rules (25 May 2010; IP/10/602).




The Commission has also released an explanatory summary: Telecoms: citizens and businesses pay the price for inconsistent application of EU rules - country by country breakdown of 15th Progress Report on European Telecoms Market 2009 and glossary (25 May 2010; MEMO/10/211).




The material can also be accessed from the Commission’s (Information society) thematic page.




Additional materials include the Staff working document SEC(2010) 630 (two parts; not yet on Eur-Lex under preparatory acts) and excerpts with country chapters.



Neelie Kroes


My impression is that information society commissioner Neelie Kroes continues her no-nonsense approach in searching for the European public good in the same vein as when she headed competition affairs. Consumers and businesses have reasons to wish her success. The obstacles are often found closer to home.




Ralf Grahn

EU Lisbon Treaty implementation: Progress report

The presidency conclusions of the European Council 29 to 30 October 2009 (document 15265/09) had this to say about the general implementation of the Lisbon Treaty (point 3, page 2):

“The European Council takes note of the preparatory work in view of the entry into force of the Lisbon Treaty (doc. 14928/09).”

The Progress report, dated 23 October 2009, has the following heading: Progress report from the Presidency to the European Council - Preparatory work in view of the entry into force of the Treaty of Lisbon (document 14928/09). It is a short paper with an introduction and nine brief points on a total of five pages, summarising the state of play:




ANNEX

PROGRESS REPORT FROM THE PRESIDENCY TO THE EUROPEAN COUNCIL
PREPARATORY WORK IN VIEW OF THE ENTRY INTO FORCE OF THE TREATY OF LISBON


Introduction


1. During the European Council meeting on 18-19 June 2009, Heads of State or Government reaffirmed their wish to see the Treaty of Lisbon enter into force by the end of 2009, on the condition all the instruments of ratification have been deposited.

2. On that basis, the Swedish Presidency undertook, together with other Member States and the Commission, preparatory work in view of the entry into force of the Treaty of Lisbon. It has taken place against the background of the ratification process for the Treaty of Lisbon, which is still underway. It is clear that decisions can only be taken once the Treaty of Lisbon has entered into force after ratification by all 27 Member States.

3. Over the last months, the Presidency has convened a series of meetings of Permanent Representatives (including a Commission representative) to examine the various issues linked to the entry into force of the Treaty of Lisbon with a focus on most urgent issues which need to be settled before that date. This examination built on previous discussions, in particular during the Slovene Presidency, the results of which are summarised in document 10650/08. The present report contains a summary of the main points covered in the context of the 2009 discussions.

4. In view of the fact that a number of issues related to the entry into force of the Treaty of Lisbon will require some form of agreement with the European Parliament (EP), the Presidency has had regular contacts with the EP. These have remained exploratory in nature, but have enabled the Parliament to provide useful information on the issues which are of particular interest to it, and which it considers will require a common understanding between the institutions.


Results and state of play


1. Delegated and Implementing Acts (Articles 290 and 291 TFEU)


As regards delegated acts (i.e. non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act), it would be useful for the European Parliament, the Council and the Commission to reach an understanding on standard language which would be inserted into legislative proposals (Article 290 TFEU). It would also be useful if the Commission could explain how it intends to proceed on the preparation of draft delegated acts.

As regards implementing acts (i.e. acts conferring implementing powers on the Commission, or in some cases, on the Council), all three institutions should reach agreement on the Commission's forthcoming proposal on the control of implementing powers conferred on the Commission (Article 291 TFEU).


2. Transition to co-decision


As a result of the entry into force of the Treaty of Lisbon, the procedure for adopting legislative acts will change in a certain number of areas. In order to ensure that legislative activity is not unduly disrupted as a consequence of the transition to the new Treaty, the European Parliament and the Council could agree that when the European Parliament has already delivered its opinion, it will be considered as a first reading under co-decision.


3. Committee structures in the area of JHA (Article 71 TFEU)


Delegations reached agreement on the draft decision setting up the Standing Committee on operational cooperation on internal security (COSI) (doc. n° 14785/09) which will have to be adopted after entry into force of the Treaty of Lisbon.

As for the overall working structure in the field of Justice and Home Affairs, delegations agreed that the Committee of the Article Thirty Six (CATS) and the Strategic Committee on Immigration, Frontiers and Asylum (SCIFA) should continue to meet until the end of 2011. Before that time, the necessity of having CATS and SCIFA should be re-evaluated by COREPER, taking into account the efficiency and coherence of Council working structures. In the meantime, CATS and SCIFA should focus their discussions on strategic issues where COSI would not be able to contribute and meet as necessary. The Committees could be involved, when deemed appropriate, in legislative work. COREPER remains solely responsible for preparing legislative acts.

Delegations discussed also a review of the other JHA working structures. Further work is needed on this issue.

The outcome of these discussions will serve as the basis for the future decision on JHA working structures in accordance with Article 19 of the Rules of Procedure of the Council.


4. Budget Procedure


Work is well advanced within the Council on a number of issues which need to be addressed as a matter of urgency in order to allow for the smooth entry into force of the Treaty. These cover in particular : amending budgets, transfers of appropriations, provisional twelfths, pragmatic calendar. Discussions with the European Parliament on these issues are on-going in order to reach an agreement during the Conciliation meeting of November 2009 at the latest.

Discussions among delegations are ongoing on other issues, such as the rules of procedure of the Conciliation Committee. Close contacts with the European Parliament are undertaken also in this respect.


5. Rules of Procedure of the Council (Article 240 TFEU)


On the basis that the Council's Rules of Procedure should only be modified to the extent that this was needed as a result of the entry into force of the Treaty of Lisbon, delegations reached broad agreement on most of the provisions of the preliminary draft amendments to the Council's Rules of Procedure as presented by the Presidency. (doc. n° 14853/09).


6. Rules of Procedure of European Council (Article 235 TFEU)


On the basis of the discussions that took place under the Slovene Presidency, delegations had a preliminary exchange of views on the new elements of draft Rules of Procedure of the European Council. Work on this issue will be continued with a view to its rapid finalisation.


7. Notification regarding Article 1, third subparagraph, of the TEU


The Treaty of Lisbon provides that "The Union shall replace and succeed the European Community". It will be necessary to inform third States and international organisations of this legal succession which will be effective at the time of the entry into force of the Treaty. Delegations reached broad agreement on a draft letter which would be sent for this purpose (doc. n° 14784/09). As regards Union Delegations, this draft letter will be adjusted in line with the Presidency report on the European External Action Service (doc. n°14930/09).


8. Chairmanship of preparatory bodies in the area of External Relations (Declaration n° 9)


Delegations discussed the principles for chairmanship of preparatory bodies in the area of external relations on the basis of a categorisation of working parties. The details of the arrangements proposed by the Presidency are set out in doc. n° 14852/09.


9. European External Action Service (Article 27 (3) TEU and Declaration n° 15 of the 2007 IGC)


Delegations agreed on the report (doc. n° 14930/09), which could serve as European Council
guidelines for the High Representative in the preparation of the draft Council decision on the
organisation and functioning of the EEAS.


***





Ahead of the European Council 10 to 11 December, the Swedish presidency of the EU Council could make an effort to communicate drafts and proposals in a comprehensive manner, including questions outside the October progress report.




Ralf Grahn



P.S. Do you find EUSSR myths fascinating? Are we EU citizens worth a better European Union? Read some or all of the 481 Euroblogs aggregated on multilingual Bloggingportal.eu. On most of the blogs you can comment and discuss our common European future.

European Council’s Progress Report (subsidiarity & proportionality)

According to Article 4 of the Treaty on European Union the European Council shall submit to the European Parliament a yearly written report on the progress achieved by the Union.

***

Commission’s obligation

Protocol (No 30) on the application of the principles of subsidiarity and proportionality (1997) places on the Commission an obligation to report annually on the application of Article 5 TEC:

…submit an annual report to the European Council, the European Parliament and the Council on the application of Article 5 of the Treaty. This annual report shall also be sent to the Committee of the Regions and to the Economic and Social Committee.



Better Lawmaking 2007

The Commission has indeed reported, in the Report from the Commission on subsidiarity and proportionality (15th report on Better Lawmaking, 2007); Brussels, 26.9.2008 COM(2008) 586 final.


***

European Council’s obligation

According to point 10 the same Protocol No 30:

10. The European Council shall take account of the Commission report referred to in the fourth indent of point 9 within the report on the progress achieved by the Union which it is required to submit to the European Parliament in accordance with Article 4 of the Treaty on European Union.


***

General Affairs Council

Yesterday the Council (General Affairs and External Relations) took note of the European Council’s Draft report on the progress achieved by the European Union in 2008 (Council document 6788/1/09 REV1).

(The provisional General Affairs conclusions are found in Council document 7564/09.)

***

Taking into account?

The Draft report is, as usual, meagre: 11 pages in all.

But how is the world going to know if or how the European Council takes into account the Commission’s report with regard to subsidiarity and proportionality?

The draft does not mention subsidiarity or proportionality or Article 5. The Commission’s report is not mentioned either.

***

Treaty level obligations


Earlier we came to the (provisional) conclusion that the European Parliament shows no interest in the treaty obligation to discuss the Commission’s Annual General Report.

Today we wonder if the European Council acknowledges the report on subsidiarity and proportionality by osmosis.

Nit-picking or not, but why agree on legally binding obligations without even formally bowing to their existence?


Ralf Grahn

European Parliament: Hearing the European Council

The Treaty of Lisbon would formally make the European Council into one of the institutions of the European Union. Article 13 of the amended Treaty on European Union (TEU) mentions the European Council right after the European Parliament, and Article 15 TEU contains the main provisions on its tasks, membership and President.


This leads to other changes at treaty level and below.


***


Current treaty


The fourth paragraph of Article 197 of the Treaty establishing the European Community (TEC) lays down the principle that the European Parliament can hear the Council (which has both legislative and executive powers), but it does not mention the European Council:


“The Council shall be heard by the European Parliament in accordance with the conditions laid down by the Council in its Rules of Procedure.”


***


Lisbon Treaty


The corresponding provision of the Treaty of Lisbon is the third paragraph of Article 230 of the Treaty on the Functioning of the European Union (TFEU). The Council and its Rules of Procedure remain as before, but the European Council and its Rules of Procedure are added:

“The European Council and the Council shall be heard by the European Parliament in accordance with the conditions laid down in the Rules of Procedure of the European Council and those of the Council.”


***


New Rules of Procedure


In practice, the head of government (or state) of and incoming Council Presidency presents the work programme before the European Parliament and then lauds the achievements during the six months at the helm before handing over the Presidency to the next member state.

Article 230 TFEU means that the European Council needs its own Rules of Procedure. Reporting from the meetings will become the task of the semi-permanent President, according to Article 15(6) TEU.

Preparatory work is needed to implement the Lisbon Treaty, should it enter into force.


***

Council information

The only more or less comprehensive public EU report emanating from the Council on preparatory work seems to be almost nine months old.

It is the ‘Progress report from the Presidency to the European Council ─ Preparatory work in view of the entry into force of the Lisbon Treaty’ from the Slovenian Council Presidency to the European Council 19 and 20 June 2008 (Council document 10650/08, 13 June 2008):

http://register.consilium.europa.eu/pdf/en/08/st10/st10650.en08.pdf


The Progress Report, which sampled a number of questions from Slovenia’s earlier and unpublished list, noted that a number of issues related to the entry into force of the Lisbon Treaty will require some form of agreement with the European Parliament (point 4).

Point 11 summarised the work undertaken on the Council’s and the European Council’s Rules of Procedure:


11. Rules of Procedure of European Council and Council (Articles 235 and 240 TFEU)

On the basis that the Council's Rules of Procedure should only be modified to the extent that this was needed as a result of the entry into force of the Lisbon Treaty, Permanent Representatives examined possible amendments to the existing Rules. Broad consensus was reached, subject to the inclusion of several provisions related to the division of labour between the GAC and the FAC and the preparation of European Council meetings, which it was agreed would be examined at a later stage.

Considerable progress was made on technical aspects of the European Council's Rules of Procedure; some other issues, related in particular to the preparation of European Council meetings, will require further work. A preliminary exchange of views focussed on the respective roles of those involved in the preparation of European Council meetings. There was broad support for the need for all of them to work closely together. A significant number of delegations underlined the need to ensure an adequate role in European Council meetings for the Head of State or Government of the Member State holding the Council presidency. These issues will require further work.


***


Preparatory work, progress reports and draft proposals are needed.


Ralf Grahn