Annexes to COM(2017)32 - UNDER ARTICLE 25 TFEU On progress towards effective EU citizenship 2013-2016

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dossier COM(2017)32 - UNDER ARTICLE 25 TFEU On progress towards effective EU citizenship 2013-2016.
document COM(2017)32 EN
date January 24, 2017
agreements 83 were negotiated between the EU and third countries containing consular consent clauses to give full effect to the right of unrepresented EU citizens to non-discriminatory consular protection.

8. Right to petition the European Parliament and to address the European Ombudsman (Articles 20(2)(d) and 24(2), (3) and (4) TFEU)

8.1.Introduction

Articles 20(2)(d) and 24(2), (3) and (4) TFEU refer to other rights entitling EU citizens to address the EU institutions, including the right to petition the European Parliament and the right to address the European Ombudsman. Every EU citizen is entitled to write to any of the institutions, bodies, offices or agencies in one of the EU's official languages 84 and receive an answer in the same language. 85  

8.2.Right to petition the European Parliament

Under Article 24(2) TFEU, EU citizens have the right to petition the European Parliament, in any Treaty language, on Union matters that affect them and to obtain a reply in the same language. In the first half of 2016, the EP Committee on Petitions received 779 petitions. In 2015, the EP Committee on Petitions received 1400 petitions, down from 2714 in 2014 and 2891 in 2013. The most common issues attracting petitions were in the field of justice and fundamental rights, including Union citizenship and free movement, followed by issues relating to the environment and the internal market.

A ‘petitions web portal’ 86 has been available since 2014 to enable the user-friendly online submission of petitions. The portal also allows citizens to show online support for open petitions declared admissible. This online process has reduced the number of petitions by half by introducing filter questions to pre-screen petitions for admissibility.

8.3.Right to address the European Ombudsman

Under Article 24(3) TFEU, EU citizens have a right to address the European Ombudsman, which deals with citizens’ complaints about the EU institutions, bodies and agencies. Problems range from contractual disputes to violations of fundamental rights, lack of transparency in decision-making and refusal of access to documents.

In the reporting period, the Ombudsman’s office registered 6 506 complaints and opened 953 cases. In each of the three years, the majority of complaints concerned an alleged lack of transparency. Compliance with the Ombudsman’s suggestions rose from 80% in 2013 to 90% in 2014. The Ombudsman’s office helped over 63300 citizens in the three-year period, by opening inquiries, answering requests for information or giving advice in its interactive online guide.

This core complaint-handling work was supplemented in 2013–2014 by strategic own-initiative inquiries, aimed at benefitting as many citizens as possible by examining issues which appear to be systemic, rather than one-off. Inquiries looked into how the European Citizens’ Initiative functions (2013), transparency in the Transatlantic Trade and Investment Partnership negotiations (2014) and transparency in trilogues (2015) etc.

9. European Citizens’ Initiative (Article 24 TFEU; Article 11(4) TEU)

Under Article 11(4) Treaty on European Union (TEU), implemented by Regulation 211/2011/EU, a million or more citizens from at least seven Member States can come together to invite the Commission, in its areas of competence, to submit any appropriate proposal on matters they consider a Union act is needed to implement the Treaties.

Since Regulation 211/2011 entered into force, 36 initiatives 87 have been launched on a variety of issues and an estimated six million statements of support have been collected by the organisers. Three initiatives have been successful in reaching the million signature threshold:

• the ‘Right2Water’ initiative 88  calls for legislation upholding human beings’ right to water and sanitation, and promoting the provision of water and sanitation as essential public services for all. In a March 2014 Communication, 89 the Commission committed itself to taking a series of measures in response to the organisers’ requests;

• the ‘One of us’ initiative 90 calls for the EU to end the financing of research involving the destruction of human embryos. On 28 May 2014, the Commission adopted a Communication 91 explaining that it did not intend to submit a legislative proposal, on the grounds that the existing EU legal framework was considered adequate; and

• the ‘Stop vivisection’ initiative 92 calls for legislation to abolish testing on animals. On 3 June 2015, the Commission adopted a Communication 93 in which it committed itself to taking various steps towards phasing out animal testing. 

The Commission carried out a review of the application of the Regulation and on 31 March 2015 adopted a report 94 which concluded that the ECI is fully operational. It acknowledges that there is scope to improve the tool so as to make it more user-friendly and accessible to citizens. The Commission is committed to continue monitoring and discussing a range of ECI issues in close cooperation and coordination with the various stakeholders and institutions and to improve the instrument.

(1) The annual reports on the application of the Charter of Fundamental Rights of the European Union include updates on progress with respect to Union citizenship rights.
(2) Judgments of the Court of Justice of the European Union issued since 30 June 2016 will be considered in the next Report under Article 25 TFEU.
(3) See also Article 21(2) of the Charter of Fundamental Rights.
(4) This provision is without prejudice to special provisions in the Treaties.
(5) Case C-322/13 Grauel Rüffer. The case concerned the use of German before the civil courts in the Italian Province of Bolzano.
(6) See also Article 21(1) of the Charter of Fundamental Rights.
(7) COM(2014) 2 final.
(8) Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, OJ L 180, 19.7.2000, pp. 22–26.
(9) Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, OJ L 303, 2.12.2000, pp. 16–22.
(10) COM(2015) 190 final.
(11) Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services, OJ L 373, 21.12.2004, pp. 37–43.
(12) http://ec.europa.eu/justice/discrimination/files/lgbti_actionlist_en.pdf
(13) Council Recommendation of 9 December 2013 on effective Roma integration measures in the Member States (2013/C 378/01).
(14) The last report (COM(2016) 424 final of 27/6/2016) provides, for the first time, an overview of the measures put in place by Member States following the 2013 Council Recommendation on effective Roma integration measures in the Member States of 9 December 2013.
(15) Case C-81/12 Asociaţia ACCEPT (“Becali”).
(16) Case C‑354/13 Kaltoft. 
(17) Case C-83/14 Chez. 
(18) Case C-135/08 Rottmann. 
(19) http://europa.eu/rapid/press-release_SPEECH-14-18_en.htm  
(20) Case C-86/12 Alopka and others. 
(21) 57% of respondents to the Standard Eurobarometer 83, May 2015. 
(22) 71% of respondents to the Flash Eurobarometer 430 on EU citizenship, October 2015. 
(23) SOLVIT is a service provided by national administrations throughout the EU and the EEA. National SOLVIT centres take on board citizens’ complaints and cooperate via an online database to help citizens solve their problems out of court and free of charge.
(24) http://ec.europa.eu/internal_market/scoreboard/performance_by_governance_tool/solvit/index_en.htm
(25) http://europa.eu/contact/
(26) Case C-140/12 Brey.
(27) Article 7(1)b of Directive 2004/38/EC on the right of the citizens of the Union and their family members to move freely and reside freely within the territory of the Member States (the Free Movement Directive).
(28) Case C-333/13 Dano, see paragraphs 78-79.
(29) Case C-67/14 Alimanovic.
(30) Case C-299/14 García-Nieto and Others.
(31) Case C-86/12 Alopka and others.
(32) Case C-202/13 McCarthy.
(33) Thereby fulfilling the conditions set out in the Free Movement Directive.
(34) Case C-457/12 S and G.
(35) Case C-456/12 O and B.
(36) Articles 7 or 16 of the Free Movement Directive.
(37) Case C-218/14 Singh. 
(38) Case C-115/15 Secretary of State for the Home Department v NA. 
(39) Case C-438/14 Bogendorff von Wolffersdorff.
(40) The tool will be made available in all official languages. National administrations will also be able to add information they consider relevant concerning their national rules.
(41) COM(2014) 604 final.
(42) SWD(2014) 284 final.
(43) http://ec.europa.eu/justice/citizen/document/files/evaluation_of_eu_rules_on_free_movement-final_report.pdf http://ec.europa.eu/justice/citizen/files/dg_just_eva_free_mov_final_report_27.01.14.pdf Evaluation of EU rules on free movement of EU citizens and their family members and their practical implementation (October 2013) Evaluation of the impact of the free movement of EU citizens at local level (January 2014)  
(44) http://ec.europa.eu/justice/events/intra-eu-mobility-2014/   
(45) COM(2013) 837 final.
(46) http://ec.europa.eu/justice/citizen/document/files/guide-free-mo-2013_en.pdf   
(47) Cyprus, Italy, Malta and Spain.
(48) Belgium, Germany, Poland, Sweden and the UK.
(49) See also the annual report on the application of the EU Charter of Fundamental Rights.
(50) Not all the actions covered by this section constitute application of the provisions of Part II of the TFEU. However, they are referred to in this section as they all facilitate the exercise of free movement rights.
(51) COM (2013) 228 final.
(52) Regulation (EU) 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, OJ L 201, 27.7.2012, pp. 107–134.
(53) Commission Implementing Regulation 1329/2014 establishing the Forms referred to in Regulation 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, OJ L 359, 16.12.2014, pp. 30–84.
(54) Council Regulation (EU) 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation, OJ L 343, 29.12.2010, pp. 10–16.
(55) Belgium, Bulgaria, Germany, Spain, France, Italy, Latvia, Luxembourg, Hungary, Malta, Austria, Portugal, Romania and Slovenia.
(56) Commission Decision 2012/714/EU confirming the participation of Lithuania in enhanced cooperation in the area of the law applicable to divorce and legal separation, OJ L 323, 22.11.2012, pp. 18–19.
(57) Commission Decision 2014/39/EU confirming the participation of Greece in enhanced cooperation in the area of the law applicable to divorce and legal separation, OJ L 23, 28.1.2014, pp. 41–42.
(58) Council Regulation 2201/2003/EC concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation 1347/2000/EC, OJ L 338, 23.12.2003, p. 1-29.
(59) http://europa.eu/rapid/press-release_MEMO-16-2359_en.htm
(60) http://ec.europa.eu/justice/civil/files/brussels_ii_practice_guide_en.pdf   
(61) Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers, OJ L 128, 30.4.2014, pp. 8–14.
(62) COM(2013) 236 final.
(63) Directive 2014/50/EU on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights, OJ L 128, 30.4.2014, pp. 1–7.
(64) COM(2014) 6 final.
(65) Regulation (EU) 2016/589 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013, OJ L 107, 22.4.2016, pp. 1-28.
(66) Directive 2014/67/EU concerning the posting of workers in the framework of the provisions of services, OJ L 159, 28.5.2014, pp. 11–31.
(67) COM(2016) 128 final.
(68) COM (2014) 221 final.
(69) Decision 2016/344/EU on establishing a European Platform to enhance cooperation in tackling undeclared work, OJ L 65, 11.3.2016, pp. 12–20.
(70) Case C-650/13 Delvigne.
(71) Case C-300/04 Eman and Sevinge.
(72) Recommendation 2013/142/EU on enhancing the democratic and efficient conduct of the elections to the European Parliament, OJ L 79, 21.3.2013, pp. 29–32.
(73) Article 17(7) TEU provides for the Parliament to elect the Commission President on the basis of a proposal by the European Council, which must take into account the results of the European elections.
(74) COM(2014) 196 final.
(75) COM(2015) 206 final.
(76) European Parliament Resolution of 11 November 2015 on the reform of the electoral law of the European Union (P8_TA(2015)0395 – 2015/2035(INL)).
(77) The Commission is following developments in this field. Debate in some Member States is ongoing.
(78) Greece.
(79) Spain and Slovakia. 
(80) Czech Republic, Latvia, Lithuania and Poland.
(81) Flash Eurobarometer 430 on Union citizenship.
(82) Directive (EU) 2015/637 of 20 April 2015 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and repealing Decision 95/553/EC, OJ L 106, 24.4.2015, pp. 1–13.
(83) Inter alia with Afghanistan, Australia, Canada, Cuba and New Zealand.
(84) See Article 55(1) TEU.
(85) This provision is implemented all Union institutions, bodies, offices or agencies, as relevant to their work.
(86) https://petiport.secure.europarl.europa.eu/petitions/en/main
(87) ECI register; http://ec.europa.eu/citizens-initiative/public/welcome.
(88) Water and sanitation are a human right! Water is a public good, not a commodity! (ECI register); http://ec.europa.eu/citizens-initiative/public/initiatives/successful/details/2012/000003
(89) COM(2014) 177 final.
(90) One of us (ECI register); http://ec.europa.eu/citizens-initiative/public/initiatives/finalised/details/2012/000005/it.
(91) COM(2014) 355 final;
(92) Stop vivisection (ECI register); http://ec.europa.eu/citizens-initiative/public/initiatives/successful/details/2012/000007
(93) COM(2015) 3773 final
(94) COM(2015) 145 final.