Tag Archives: European citizenship

Development of relations between the Commission and civil society

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Development of relations between the Commission and civil society

Outline of the Community (European Union) legislation about Development of relations between the Commission and civil society

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Anti-discrimination and relations with civil society

Development of relations between the Commission and civil society

Document or Iniciative

Communication from the Commission of 11 December 2002, Towards a reinforced culture of consultation and dialogue – General principles and minimum standards for consultation of interested parties by the Commission [COM(2002) 704 final – Not published in the Official Journal].

Summary

By establishing a consultation process, the Commission is encouraging the participation of external interested parties in the development of European policies. Starting the consultation at an early stage in the legislative procedure helps to improve the effectiveness of policies whilst reinforcing the involvement of interested parties and the general public.

External consultation process

The consultation and dialogue are part of the European legislative procedure and complement the work of the European Parliament and the Council of the European Union in the development of policy. The scope of the consultation depends on the potential impact of a proposal on a particular sector or on whether it represents a major policy reform.

This process differs clearly from the internal decision-making process and the specific consultation processes provided for in the treaties or secondary legislation, as well as in international agreements.

The process for the consultation of interested external parties is not legally binding. Moreover, it cannot be indefinite or permanent.

The Commission advocates open governance involving as broad a participation by citizens as possible, in a growing number of fields.

The specific role of organised civil society

Civil society organisations act as relays between citizens and the European institutions, thus encouraging policy dialogue and the active participation of citizens in achieving the aims of the European Union (EU).

The departments of the Commission thus conduct structured dialogue with these organisations. Improving the consultation procedures will guarantee a more consistent and interactive approach. Interactive mechanisms will allow the impact of Community policies to be assessed, via the feedback of information and the consultation of panels.

Information on the Commission’s formal or structured advisory bodies in which civil society organisations participate can be found in the CONECCS database (Consultation, European Commission and Civil Society), which also includes a voluntary list of civil society organisations established at European level.

The Commission also supports the Economic and Social Committee and the Committee of the Regions. These institutional advisory bodies acts as relays for the views of organised civil society and regional and local authorities respectively.

A consistent consultation framework

More systematic consultation calls for a rationalisation of procedures and the availability of a structured channel for participants’ views to be expressed. Interested parties can express their views via the Internet portal ” Your voice in Europe “.

The consultation is subject to certain general principles, relating to:

  • the broadest possible participation of citizens, from the preparation of European policies until their implementation;
  • the openness and responsibility of each European institution, so that the decision-making process is more visible and more easily understandable for everyone;
  • the effectiveness of the consultations, which are conducted at a sufficiently early stage so as to have a real influence on the development of policies;
  • the consistency and flexibility of the consultation procedures, so that they can be adapted to the various categories of interests.

The consultation must respect certain minimum standards, which provide that:

  • the content of the consultation must be clear. All communication must be sufficiently complete and concise to encourage the interested parties to respond;
  • the groups consulted must be representative and able to express their views;
  • the consultation must be publicised as broadly as possible and be geared as far as possible to the target audience;
  • the timeframe for participation must be long enough for the consulted parties to be able to submit their responses, i.e. at least eight weeks for the receipt of written consultations and 20 working days for meetings;
  • information provided by the parties consulted must be accompanied by a receipt, and the results of the consultations must be publicised.

These consultation principles and standards apply in particular to key Commission proposals, identified in the Commission’s programme of work.

These general principles and minimum standards must be complemented by the dissemination of good practices, such as the diversity, responsibility and integrity of the information gathering exercise.

Background

In this Communication, the Commission is fulfilling the undertakings it made in its 2001 White Paper on European governance to reinforce the culture of consultation and dialogue in the European Union.

This Communication also contributes to the ‘Action Plan for Better Regulation’ and the new approach for evaluating the impact of Community legislation.

Key terms used in the act
  • Organised civil society: Although there is no legal definition of this concept, the term may be used to designate all organisations associating parties from the labour market, organisations representing various socio-economic groups, non-government organisations, community-based and denominational organisations. These groups are the main structures in society outside the State and the public administration.
  • Comitology: according to the Treaty establishing the European Community, it is for the Commission to implement legislation at Community level. To do this, it may call on the assistance of a committee comprising representatives of the Member States in order to establish dialogue with the national administrations. The European Parliament also has an important role in the comitology procedure, as it is entitled to express an opinion on the implementation of legislative acts adopted in codecision.

Related Acts

Communication from the Commission of 5 June 2002, Consultation document: Towards a reinforced culture of consultation and dialogue – Proposal for general principles and minimum standards for consultation of interested parties by the Commission [COM(2002) 277 final – Not published in the Official Journal].
The Commission launched a consultation to find out the views of all the parties concerned with the improvement of its external consultation process. These results were incorporated in the final version of the Communication from the Commission concerning the drafting of general principles and minimum standards for consultations.

Commission White Paper of 25 July 2001 on European Governance [COM(2001) 428 final – Official Journal C 287 of 12.10.2001].

Commission Discussion paper of 18 January 2000, The Commission and Non-Governmental Organisations: Building a Stronger Partnership [COM(2000) 11 final – Not published in the Official Journal]
This Discussion Paper emphasises the Commission’s desire to build stronger partnerships with non-government organisations (NGOs). They contribute by their work towards reinforcing participative democracy by improving the representation of certain groups of citizens with the European institutions, as well as with their support for the definition of policies, the management of projects and European integration. Having identified the main issues that hamper such partnerships, the Commission proposes simplifying funding procedures, facilitating access to information and establishing regular dialogue through formalised consultations.

White Paper on Youth

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White Paper on Youth

Outline of the Community (European Union) legislation about White Paper on Youth

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Education training youth sport > Youth

White Paper on Youth

Document or Iniciative

European Commission white paper of 21 November 2001 – A new impetus for European youth [COM(2001) 681 final – Not published in the Official Journal].

Summary

In recent years, Europe has experienced economic and socio-cultural changes that have significantly affected its youth. Hoping to meet the expectations of young people by giving them the means to express their ideas and to make a greater contribution to society, the Commission adopted this White Paper following wide-spread consultations with all relevant stakeholders at both national and European level, including young people themselves.

The White Paper on Youth is also intended as a response to young people’s strong disaffection with the traditional forms of participation in public life. Following the example of the White Paper on Governance, it calls on young Europeans to become active citizens.

In order to help European Union (EU) countries and regions to take action for young people in Europe, the White Paper proposes a new framework for cooperation consisting of two components: increasing cooperation between EU countries and taking greater account of the youth factor in sectoral policies.

Increasing cooperation between EU countries

The “open method of coordination” encourages cooperation between EU countries and takes advantage of best practice developed throughout Europe. It involves setting guidelines for the EU, together with timetables for meeting the short, medium and long-term objectives set by EU countries. It also provides for monitoring mechanisms. In this connection, the White Paper proposes appointing a national coordinator as Commission representative for youth-related issues.

The priority areas for this method of work are as follows:

  • introducing new ways of enabling young people to participate in public life. The Commission proposes giving general currency to regional and national youth councils and overhauling the European Youth Forum in order to make it more representative. In 2003 and 2004, the Commission will also launch pilot projects with a view to encouraging participation among young people;
  • improving information on European issues. To this end, the Commission proposes setting up an Internet portal and forum to allow young people to obtain information and express their opinions;
  • encouraging voluntary service. As an educational experience and a way of integrating young people into society, voluntary service plays an important role both at European level, within the European Voluntary Service (the EVS is part of the Youth in Action programme), and at national, regional and local levels, for which EU countries need to make a greater effort to eliminate the remaining obstacles to mobility;
  • increasing knowledge of youth-related issues. This involves, inter alia, networking existing research work and structures at European level.

Incorporating the youth factor into sectoral policies

The White Paper calls for EU and national policies to take greater account of the needs of young people. The policies most concerned are employment and social integration, the fight against racism and xenophobia, education, lifelong learning and mobility. The complex question of young people’s autonomy is also included in the future work programme.

Background

On the basis of Article 149 of the Treaty establishing the European Community (now Article 165 of the Treaty on the Functioning of the European Union), various European level actions related to young people have been developed in recent years in the fields of education, employment, vocational training and information technologies. EU countries have also begun to cooperate on issues related to youth exchanges and mobility.

All of these specific actions have received constant support from the European Parliament and the Council of Ministers, either when the programmes were being adopted or in the form of resolutions relating inter alia to the participation of young people or their social inclusion and, later, to young people’s sense of initiative. The Committee of the Regions and the Economic and Social Committee have regularly issued positive and encouraging opinions on various aspects of youth. However, greater use needed to be made of this body of information, and this still modest cooperation needed to be consolidated for and with young people themselves.

Related Acts

Communication from the Commission to the Council of 22 October 2004 – Follow-up to the White Paper on a New Impetus for European Youth: evaluation of activities conducted in the framework of European cooperation in the youth field [COM(2004) 694 final – Not published in the Official Journal].
The Commission takes stock of the progress made since the publication of the White Paper, in terms of the mandate expressly conferred upon it by the Council and the undertakings made with regard to all those involved in the process. The Commission’s undertakings have all been fulfilled, and the widespread mobilisation of young people, youth organisations, public authorities, ministers and European institutions has been achieved.
To prevent any loss of the new impetus imparted by the White Paper, the Commission feels that the Council should take account of the following aspects:

  • the priorities of the European cooperation framework must be discussed;
  • the balance between the flexibility and effectiveness of the open method of coordination in the youth field must be reassessed;
  • the open method of coordination must lead to effective action at national level in order to guarantee young people’s support for and commitment to the process;
  • young people should be consulted regularly, in a structured and effective way, at both national and European levels.

Common objectives for voluntary activities

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Common objectives for voluntary activities

Outline of the Community (European Union) legislation about Common objectives for voluntary activities

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Education training youth sport > Youth

Common objectives for voluntary activities

Document or Iniciative

Communication from the Commission to the Council of 30 April 2004 – Follow-up to the White Paper on a New Impetus for European Youth – Proposed common objectives for voluntary activities among young people in response to the Council Resolution of 27 June 2002 regarding the framework of European cooperation in the youth field [COM(2004) 337 final – Official Journal C 122 of 30.4.2004].

Summary

The overall objective of the proposal is to develop, facilitate, promote and recognise voluntary activities at all levels. On the basis of European Union (EU) countries’ replies to the questionnaire on voluntary activities at national level, the Commission has proposed four common objectives:

  • to develop the voluntary activities of young people with the aim of enhancing the transparency of existing opportunities, enlarging their scope and improving their quality;
  • to make it easier for young people to carry out voluntary activities by removing the existing obstacles;
  • to promote voluntary activities with a view to reinforcing young people’s solidarity and engagement as citizens;
  • to recognise voluntary activities of young people with a view to acknowledging their personal skills and their commitment to society.

In order to ensure that these objectives are properly transposed, the Commission proposes measures for each objective. These include the following:

  • strengthening voluntary organisations, stepping up exchanges of information, and extending the European Voluntary Service (EVS) within the Youth programme 2000-06;
  • simplifying legal, administrative, fiscal and social constraints, for example by exchanging information and best practice;
  • encouraging the participation of young people by disseminating information at all appropriate levels (local, regional, national, European), by encouraging closer cooperation between the various groups involved (young people, youth organisations, voluntary organisations, public authorities, private sector, etc.), and by putting an end to the exclusion of certain categories of young people;
  • guaranteeing recognition of voluntary activities by means of certificates, reward schemes and awards, by introducing at national level concepts such as National Volunteers Day and European Youth Week, and by consolidating projects such as Europass.

For the sake of clarity, the report also makes a distinction between the following concepts:

  • voluntary activity: includes all kinds of voluntary engagement;
  • voluntary service: voluntary activity characterised by the following aspects: fixed period; clear objectives, content, tasks, structure and framework; appropriate support; and legal and social protection;
  • civic service: voluntary service managed by or on behalf of the State, e.g. in the social field or in civil protection;
  • civilian service: an alternative to compulsory military service in some countries, but not voluntary.

The first European conference on civic service and youth was held in Rome on 28-29 November 2003. The conference was designed to allow an exchange of views, activities and national practices on the civic service of young people. Another objective of the conference was to identify ways of achieving closer cooperation between civic services at European level, including the EVS.

Under the open method of coordination, the Commission proposes that EU countries undertake to achieve all the objectives and submit reports on their national contributions by the end of 2006.

Background

Following the new framework for cooperation, which identified voluntary activities as a priority issue, the Commission sent a questionnaire to EU countries in order to ascertain their situations and their expectations at European level. It consulted the European Youth Forum and called on EU countries to ask for the opinions of young volunteers, youth organisations and volunteer organisations.

Related Acts

Council Recommendation of 20 November 2008 on the mobility of young volunteers across the European Union [Official Journal C 319 of 13.12.2008].

Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 14 February 2002 on the added value of voluntary activity for young people in the context of the development of Community action on youth [Official Journal C 50 of 23.2.2002].

European Commission White Paper of 21 November 2001 – A new impetus for European youth [COM(2001) 681 final – Not published in the Official Journal].

Recommendation of the European Parliament and of the Council of 10 July 2001 on mobility within the Community for students, persons undergoing training, volunteers, teachers and trainers [Official Journal L 215 of 9.8.2001].

Common objectives for a better understanding and knowledge of youth

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Common objectives for a better understanding and knowledge of youth

Outline of the Community (European Union) legislation about Common objectives for a better understanding and knowledge of youth

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Education training youth sport > Youth

Common objectives for a better understanding and knowledge of youth

Document or Iniciative

Communication from the Commission to the Council of 30 April 2004 — Follow-up to the White Paper “A new impetus for European youth”. Proposed common objectives for a greater understanding and knowledge of youth, in response to the Council Resolution of 27 June 2002 regarding the framework of European cooperation in the youth field [COM(2004) 336 final – Not published in the Official Journal].

Summary

The Commission proposes four common objectives based on the responses from the Member States to the questionnaire on their own situations and their expectations at national level. In order to achieve these objectives, the Commission presents lines of action at national and European levels for each of them.

Objective 1 – Identify knowledge relating to priority themes

This involves identifying and organising existing knowledge relating to priority themes in the youth field (i.e. participation, information and voluntary activities) and implementing measures to supplement, update and facilitate access to that knowledge.

Objective 2 – Identify existing knowledge relating to other areas

The aim here is to identify and organise existing knowledge relating to other priority areas of relevance to the youth field and to implement measures to supplement, update and facilitate access to that knowledge.

These other themes of direct interest to the youth field include autonomy, non-formal learning, the fight against discrimination, education and training, employment, transition from education to employment, social inclusion and health.

The lines of action at national level for objectives 1 and 2 are as follows:

  • to identify and organise existing knowledge;
  • to undertake further studies, collect statistical data and gather practical knowledge of NGOs, youth organisations and young people themselves;
  • to facilitate access to knowledge by compiling and disseminating documents, also electronically.

At European level, the Commission proposes exploiting the Youth programm e and making maximum use of any other relevant instruments available at European level, such as Eurobarometer surveys, Eurostat and framework research programmes, as well as any other tools being developed, such as the Online European Knowledge Centre for Youth Policy (EKC).

Objective 3 – Knowledge quality

Ensuring quality, comparability and relevance of knowledge in the youth field by using appropriate methods and tools remains one of the Commission’s priorities.

The lines of action at national level are:

  • to implement and further develop appropriate tools and methods;
  • to promote education and training of researchers and experts, especially younger ones, working in the youth field.

At European level the Commission proposes:

  • cooperation to identify and define common concepts and a minimum core content;
  • cooperation to identify quantitative and qualitative evaluation methods with a view to exploiting and comparing results;
  • cooperation to better identify the indicators which will enable the impact of the current Youth programmes to be evaluated.

Objective 4 – Dialogue and networks

This objective consists in facilitating and promoting exchange, dialogue and creation of networks to ensure the visibility of knowledge in the youth field and anticipate future needs.

The lines of action at national level are:

  • to encourage and develop exchanges, structured dialogue and national networks between policy makers, researchers, young people and their organisations;
  • to discuss future needs and identify new priority themes to be explored through the networks;
  • to promote cross-sectoral cooperation through conferences, seminars and events focusing on themes of common interest.

At European level, the Commission proposes coordinating the national networks by setting up a European network of youth knowledge, in cooperation with its partners in this field.

Implementing and monitoring mechanisms

The Member States must submit reports on their national contributions to the concrete achievements relating to the first priorities (“participation and information”) by the end of 2005 and the “voluntary activities” priority by the end of 2006. In these reports the Member States must also describe the steps taken in order to fulfil the first, third and fourth common objectives for a better understanding and knowledge of youth.

The Member States must subsequently report on the concrete achievements resulting from implementation of the second common objective by the end of 2008. At the same time they must inform the Commission of the further steps taken in order to fulfil the third and fourth common objectives for a better understanding and knowledge of youth.

Related Acts

Analysis of Member States’ and acceding countries’ replies to the Commission questionnaire on a greater understanding and knowledge of youth [SEC(2004) 627 final – Not published in the Official Journal].

Resolution of the Council and of the representatives of the Governments of the Member States, meeting within the Council, of 27 June 2002 regarding the framework of European cooperation in the youth field[Official Journal C 168 of 13.07.2002].

Commission White Paper of 21 November 2001 ” A new impetus for European youth” [COM(2001) 681 final – Not published in the Official Journal].

Free movement of sportspeople

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Free movement of sportspeople

Outline of the Community (European Union) legislation about Free movement of sportspeople

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Education training youth sport > Sport

Free movement of sportspeople

Freedom of movement is one of the fundamental freedoms guaranteed by the European Union (EU) to its citizens. Article 18 of the Treaty on the Functioning of the European Union (TFEU) prohibits discrimination on the basis of nationality, which also applies to situations where EU citizens exercise their right to freely move and reside within the territories of EU countries (Article 21 TFEU). Furthermore, the Treaty provides for the free movement of workers within the EU, which also entails the abolition of discrimination between workers of EU countries on the basis of nationality (Article 45 TFEU), and for the freedom of establishment and provision of services (Articles 49 and 56 TFEU).

These provisions also apply to professional and semi-professional sportspeople (as workers), other sports professionals such as instructors, coaches or trainers (as providers of services) and amateur sportspeople (as EU citizens). However, in the framework of implementing EU law, the Commission recognises the specific nature of sport, as established by Article 165 TFEU. Hence, it accepts limited and proportionate restrictions to the principle of free movement with regard to the:

  • selection of national athletes for national team competitions;
  • limitation of the number of participants to a competition;
  • establishment of deadlines for player transfers in team sports.

Freedom of movement of professional sportspeople

Even though the entry into force of the Lisbon Treaty on 1 December 2009 provided the EU with a coordinating, supplementary and supporting competence in the field of sport (Article 165 TFEU), it remains a national competence, with sports federations often issuing the rules that govern sport. Nevertheless, these rules are subject to EU law on the free movement of workers when the activities of professional and semi-professional sportspeople involve gainful employment, as already ruled on several occasions by the Court of Justice of the European Union (ECJ).

The most notable of ECJ rulings was on the Bosman case in 1995, which also touched upon transfer rules as obstacles to free movement and nationality quotas as a form of direct discrimination. Mr Bosman, a Belgian footballer who had come to the end of his contract with a Belgian club, considered that the Fédération Internationale de Football Association (FIFA) transfer system had prevented his transfer to a French club. He brought an action against his club, the Belgian Football Federation and the Union des Associations Européennes de Football (UEFA), on the grounds that the transfer system and the rules governing nationality were discriminatory and invalid because they infringed the right to free movement of workers within the EU. The ECJ held that the rules governing transfers and nationality were indeed liable to prevent the free movement of players. Hence, the ECJ found that a club may not prevent a player who is a national of an EU country from being employed by a club of another EU country on the expiry of his contract or complicate matters by requiring that the latter club pay the former club a transfer, training or development fee. Besides, according to the judgment, rules on nationality whereby a club may field only a limited number of professional players who are nationals of another EU country are not authorised.

Freedom of establishment and provision of services of professional sportspeople

National training rules and qualifications for sports professions vary greatly. Depending on the circumstances, these rules may fall within the remit of federal sports authorities, school and university systems, public authorities or even professional organisations. In addition, requirements for exercising sports professions differ from country to country. In certain EU countries, access to jobs in the field of education and training is subject to possession of a state diploma, while in other EU countries a diploma is not necessary in order to work as a sports professional. In certain cases, these disparities may hinder the free movement of sports professionals and lead to conflicts: professionals in one EU country may consider that they have to face competition on their national territory from instructors from other EU countries who have received a different training or who have not received training at all.

Within the context of the freedom of establishment and provision of services, the general system for the recognition of professional qualifications goes some way to resolving this problem. This system applies to regulated professions, that is, professional activities reserved for holders of a diploma or any other qualification issued by the national education system. In this sense, it applies to certain professional activities in the field of sport (such as ski instructors). This is the case whenever the possession of a diploma is legally required to exercise a sports profession. This system implies that the host EU country cannot refuse permission to a national of another EU country to exercise a profession if s/he holds a qualification recognised by his/her own country for exercising that profession. However, exceptions are made when there are substantial differences in the level of qualifications or the duration of training.

Sports qualifications issued by national federations or other sports organisations also come within the scope of this system if these bodies have been formally authorised to issue these qualifications by a public authority.

Free movement of workers: taking stock of their rights

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Free movement of workers: taking stock of their rights

Outline of the Community (European Union) legislation about Free movement of workers: taking stock of their rights

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Living and working in the internal market

Free movement of workers: taking stock of their rights

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 13 July 2010 – Reaffirming the free movement of workers: rights and major developments [COM(2010) 373 final – Not published in the Official Journal].

Summary

Since the establishment of the principle of the free movement of persons in the European Union (EU), many obstacles to mobility have been abolished. The Commission therefore presents the main legal developments which have improved the rights of European migrant workers. In addition, the promotion of mobility is an objective of the new Europe 2020 Strategy.

Free movement of workers

The principle of the free movement of persons applies to all European citizens whose period of residence does not exceed three months. After that period, the exercise of the freedom of movement is subject to certain conditions. However, migrant workers enjoy better conditions than non-active citizens.

The principle of free movement of workers entitles all European citizens to work in another EU country (Article 45 of the Treaty on the Functioning of the EU (TFEU)). Certain countries may impose registration formalities on workers after a period of three months, but no other residence condition.

Self-employed workers (Article 49 of the TFEU) and posted workers in the context of the provision of services are subject to other provisions.

Migrant workers are those who have:

  • an income, including a limited income or benefits in kind. Only voluntary work is excluded from the definition;
  • a relationship of subordination, which characterises gainful employment (i.e. the employer determines the choice of activity, remuneration, working conditions, etc.);
  • genuine and effective work, because the activity must not be marginal or accessory. However, part-time work, traineeships and certain forms of training are recognised;
  • a cross-border link, i.e. the worker must reside or work in an EU country other than his or her country of origin.

Other categories of citizen may benefit from the freedom of movement of workers if their period of residence exceeds three months:

  • members of the migrant worker’s family, irrespective of their nationality. They have access to the social advantages of the host country;
  • people retaining the status of worker, even if they are no longer employed in the host country (in the case of temporary inability to work, involuntary unemployment, etc.);
  • jobseekers, if they can prove that they are actively seeking employment.

Access to employment

Migrant workers must be able to pursue their professional activities under the same conditions as national workers. They may not be discriminated against with regard to:

  • the exercise of a regulated profession, because they can apply for recognition of their professional qualifications or training;
  • language requirements, which must only be reasonable and necessary for the job in question;
  • access to the public sector, except for certain types of job which require participation in the exercise of powers conferred by public law;
  • the free movement of professional and semi-professional sportsmen.

Jobseekers have access to public employment services and financial benefits intended to facilitate access to employment in the labour market of the host Member State.

Equal treatment of workers

Any discrimination with regard to employment, remuneration and working conditions is prohibited.

Migrant workers are treated in the same way as national workers:

  • they are subject to the laws and collective agreements of the host State;
  • they enjoy the same social advantages linked to their status as residents or workers, from the first day of their employment;
  • they may not be discriminated against in the area of tax on the basis of their nationality or their status as migrant workers.

Achieving the full benefits and potential of free movement of workers

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Achieving the full benefits and potential of free movement of workers

Outline of the Community (European Union) legislation about Achieving the full benefits and potential of free movement of workers

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Living and working in the internal market

Achieving the full benefits and potential of free movement of workers

Document or Iniciative

Communication from the Commission of 11 December 2002 – Free movement of workers: achieving the full benefits and potential [COM(2002) 694 final – Not published in the Official Journal].

Summary

Citizens who exercise their right to free movement of workers * within the European Union, which is a fundamental freedom under Community law, are contributing to the creation of a genuine European labour market.

However, practical, administrative and legal obstacles remain, preventing workers from taking full advantage of the benefits and potential of geographical mobility.

In this Communication, the Commission outlines the current state of Community law on the free movement of workers, with a view to clarifying its complex, technical legislative framework and the considerable case law of the European Court of Justice (ECJ) in this area. It identifies a number of recurring difficulties in four distinct but interrelated areas.

Free movement of workers

Any national of a Member State has the right to work in another Member State.

Community law on free movement of workers applies whenever a national of an EU Member State exercises his right to mobility, even if he has returned to his Member State of origin after exercising his right to free movement of workers.

The family members * of an EU citizen who is a migrant worker, irrespective of their nationality – i.e. including third country nationals – are entitled to reside with him. In addition, children of migrant workers are entitled to access to education in the host Member State, irrespective of their nationality.

The right of residence is an integral part of free movement of workers. Under current Community law, Member States must issue a residence permit to a migrant worker on the basis of his identity card or passport and proof of employment alone. Under no circumstances may an EU citizen’s access to employment be made conditional upon obtaining a residence permit.

It follows from the Community principle of non-discrimination on the grounds of nationality that migrant workers must be treated in the same way as national workers with regard to access to employment, conditions of employment and work and social and fiscal advantages.

On occasion, access to employment may be conditional upon linguistic requirements, provided they are reasonable and justified. Moreover, while a very good command of a particular language may be justifiable for certain jobs, a requirement for that language to be the worker’s mother tongue is not acceptable.

Under the system of mutual recognition of qualifications, a Community citizen who is fully qualified in one Member State is entitled to exercise a regulated profession * in another Member State. Depending on the activity in question and the training completed, recognition will be either automatic or preceded by a period of adaptation or an aptitude test.

Social security

To facilitate the exercise of the right to free movement, migrant Community nationals must not suffer disadvantages in their social security rights.

Regulation (EEC) No 1408/71 establishes a system for coordinating social security systems. It lays down common rules aimed at ensuring that the various national social security systems are not applied in such a way that they discriminate against persons who are exercising their right to free movement. Community law has never sought to harmonise the field of social security, and the Member States have therefore retained their competences with regard to the organisation of their respective social security systems.

As a general rule, social security benefits are paid regardless of the beneficiary’s Member State of residence. Special non-contributory benefits represent an exception to this rule. These benefits are paid only in the Member States in which such benefits are provided. As a result, they cannot be exported, but a migrant EU citizen is entitled to the benefits provided by the host Member State. To satisfy the conditions for non-exportability, a benefit must be special and non-contributory. The ECJ has ruled that a benefit is special when it is closely linked to the social environment of the Member State in question (benefits related to the prevention of poverty or to care for the disabled).

Regulation (EEC) No 1408/71 also lays down the conditions for access to health care for people moving within the European Union. Depending on personal status and/or type of stay, EU citizens are entitled to immediately necessary care, to care which becomes necessary, or to all sickness benefits in kind in a Member State other than the one in which they are insured against sickness as if they were insured there, but at the expense of the institution of insurance. For persons wishing to go to another Member State specifically to obtain treatment, the costs of such treatment will, under the co-ordination system set up by Regulation (EEC) No 1408/71, only be covered by the Member State in which they are insured if they received prior authorisation. However, the Court has held that, in the light of other fundamental freedoms, such as the free movement of goods and the freedom to provide services, such prior authorisation, if not justified, could be regarded as an infringement of these fundamental freedoms. It follows that, under certain conditions, patients may apply for reimbursement of medical costs incurred in connection with health care received in another Member State, even in the absence of prior authorisation.

Finally, determination of the Member State whose social security legislation is applicable is based on two basic principles: a person is subject to the legislation of only one Member State at a time and is normally covered by the legislation of the Member State where he or she engages in occupational activity.

The complex nature of Regulation (EEC) No 1408/71 does, however, make it difficult to apply. For this reason, it is currently being revised.

Frontier workers

As they divide their time between two Member States, frontier workers * are often faced with practical problems related not only to social security and social advantages but also to income taxation and retirement. In principle, frontier workers enjoy all the benefits available to migrant workers in the Member State of employment, but some Member States impose residence conditions for entitlement to social advantages. Frontier workers are entitled to unemployment benefit in the Member State of residence rather than the Member State of employment. They may choose the Member State in which to obtain health care, but when they retire, this choice between Member State of employment and Member State of residence disappears.

Context

The legal texts which form the basis for the free movement of workers date back to the 1960s. They have since been supplemented by the Community institutions and, in particular, the case law of the ECJ.

Key terms used in the act
  • Worker: a person who undertakes genuine work under the direction of someone else, for which he is paid.
  • Family members: the spouse of the worker, his/her descendants who are under the age of 21 or are dependant, and dependant relatives in the ascending line. The term “spouse” means married partner and does not cover cohabiting partners.
  • Regulated profession: a profession that cannot be practised without certain specified vocational qualifications
  • Frontier worker: a person who lives in one Member State and works in another.

Related Acts

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 amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC . [Official Journal L 158 of 30.04.2004].

This Directive is a partial response to some of the problems raised in the Communication. It makes the framework of legislation on freedom of movement for workers, which is both technical and complex, more accessible by combining into a single instrument provisions that are currently scattered among several different directives. It also provides a more precise definition of the concept of family member of a Union citizen and simplifies the formalities involved in exercising the right of stay.

The strengthening of European democracy

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The strengthening of European democracy

Outline of the Community (European Union) legislation about The strengthening of European democracy

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Institutional affairs > Building europe through the treaties > The Lisbon Treaty: a comprehensive guide

The strengthening of European democracy

The Treaty of Lisbon puts the citizen back at the heart of the European Union (EU) and its institutions. It aims to revive the citizen’s interest in the EU and its achievements, which sometimes appear too remote. One objective of the Treaty of Lisbon is to promote European democracy which offers citizens the opportunity to take an interest in and participate in the functioning and development of the EU.

Such an objective necessarily depends on better recognition of European citizenship in the founding Treaties of the EU. The Treaty of Lisbon also endeavours to simplify and clarify the functioning of the Union in order to make it more understandable, and therefore more accessible to citizens. Finally, the Treaty of Lisbon strengthens the representation and participation of the citizen in the European process. The creation of a citizens’ initiative is one of the main innovations.

BETTER RECOGNITION OF CITIZENS IN THE TREATIES

The Treaty of Lisbon introduces a new article in which it fully recognises European citizenship. Article 10 of the Treaty on EU provides that citizens are directly represented at institutional level by the European Parliament. The article adds that this representative democracy is one of the foundations of the EU. Such recognition does not give citizens new rights but it does have strong symbolic value in that it enshrines the principle of European citizenship in the founding Treaties.

Article 10 also establishes a principle of proximity which provides that decisions must be taken as closely as possible to the citizens. This principle applies especially in the implementation of competences within the EU. This implementation should involve national and local administrations as effectively as possible, so as to bring the EU closer to its citizens.

A EUROPEAN UNION MORE ACCESSIBLE TO CITIZENS

The EU has often dismissed the image of a body with a complex structure and procedures. The Treaty of Lisbon clarifies the functioning of the EU in order to improve citizens’ understanding of it. The vast numbers of legislative procedures are now giving way to a standard procedure and special legislative procedures detailed on a case by case basis. Similarly, the old pillar structure has been abolished in favour of a clear and precise division of competences within the EU.

In the same context, the Treaty of Lisbon improves the transparency of work within the EU. It extends to the Council the principle of public conduct of proceedings, which is already applied within the European Parliament. Moreover, this greater transparency will result in better information for citizens about the content of legislative proceedings.

STRONGER REPRESENTATION AT INSTITUTIONAL LEVEL

The Treaty of Lisbon greatly strengthens the powers of the European Parliament (see European Parliament). The most significant changes include:

  • the strengthening of legislative power: the ordinary legislative procedure, in which the Parliament has the same powers as the Council, is extended to new policy areas;
  • a greater role at international level: the Parliament shall approve international agreements in the fields covered by the ordinary legislative procedure;
  • the strengthening of budgetary power: the Parliament is henceforth placed on an equal footing with the Council in the procedure for adopting the EU’s annual budget.

Moreover, the Treaty of Lisbon enhances the role of national parliaments in the EU (see national parliaments). The latter are also able to defend the views of citizens within the EU. More specifically, national parliaments must henceforth ensure the proper application of the principle of subsidiarity. In this respect, they are able to intervene in the ordinary legislative procedure and have a right of referral to the Court of Justice of the EU.

GREATER PARTICIPATION OF CITIZENS IN THE DECISION-MAKING PROCESS

The Treaty of Lisbon establishes a right of citizens’ initiative for the first time, introduced by Article 11 of the Treaty on EU: not less than one million European nationals may invite the Commission to submit a proposal on a specific matter. This provision expresses the EU’s wish to involve its citizens in European projects and in the taking of decisions that concern them.

Such a right is subject to several conditions. The minimum threshold of one million citizens may seem high at first sight. However, it is relatively easy to achieve in a European population approaching half a billion inhabitants and through the use of new communications technologies. Article 11 also provides that the signatory citizens should come from a significant number of Member States, in order to avoid the defence of essentially national interests.

Moreover, the right of citizens’ initiative does not take away the initiative monopoly of the European Commission. The latter remains free to act, or not to act, on the initiative proposed by European citizens. If the initiative gives rise to a legislative proposal, the act will be adopted by the Council and the European Parliament in accordance with the ordinary legislative procedure or a special legislative procedure.

Fundamental rights and citizenship

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Fundamental rights and citizenship

Outline of the Community (European Union) legislation about Fundamental rights and citizenship

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Human rights > Fundamental rights within the European Union

Fundamental rights and citizenship (2007-13)

Document or Iniciative

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”.

Summary

This decision establishes the programme “Fundamental rights and citizenship”, which is intended to promote the development of a European society based on respect for fundamental rights. To this end, the programme provides for actions conducted by the European Commission, European Union (EU) countries and non-governmental organisations.

A European society based on respect for fundamental rights

The programme supports the development of a European society based on respect for the fundamental rights recognised in Article 6 of the Treaty on European Union, including the rights resulting from citizenship of the Union. For this purpose, the programme aims to:

  • strengthen civil society and encourage an open, transparent and regular dialogue on fundamental rights;
  • combat racism, xenophobia and anti-Semitism;
  • promote better understanding between religions and cultures;
  • promote increased tolerance in the whole of the EU;
  • strengthen contacts, exchanges of information and networks between the judicial and administrative authorities and the legal professions;
  • encourage judicial training in order to improve mutual understanding between the abovementioned authorities and professions.

Furthermore, the specific objectives of the programme are to:

  • promote fundamental rights and inform all citizens about their rights, including those resulting from EU citizenship;
  • encourage EU citizens to participate actively in the democratic life of the Union;
  • examine respect for fundamental rights in the EU and its countries when Union law is implemented;
  • support non-governmental organisations and other bodies of civil society so that they can actively promote fundamental rights, the rule of law and democracy;
  • create the relevant structures to promote inter-faith and multicultural dialogue at EU level.

Specific actions to achieve the objectives of the programme

The programme provides for actions conducted by the Commission, the authorities of EU countries and non-governmental organisations. It also provides for grants following requests for proposals.

The types of actions comprise the following:

  • specific actions conducted by the Commission (studies and research work, polls and investigations, conferences and meetings of experts, organising actions and public events, creating and running websites, developing and distributing information media, etc.);
  • transnational projects of EU interest presented by an authority or a body of an EU country or an international or non-governmental organisation. At least two EU countries or at least one EU country and a candidate country or an acceding country must participate in these projects;
  • support for non-governmental organisations or other bodies pursuing objectives of general European interest that are covered by the programme;
  • operating subsidies for the joint financing of the expenses connected with the permanent working programme of the Conference of the European Constitutional Courts and of the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union. These bodies manage a number of databases that gather together national decisions relating to the implementation of Union law. The expenses must be incurred for an objective of general European interest.

A programme for citizens

The programme is addressed to EU nationals and nationals of non-EU countries who are lawfully resident within the territory of the Union. It is also addressed to citizens of the participating countries (acceding countries, candidate countries and the countries of the Western Balkans participating in the stabilisation and association process). Other target groups are organisations of civil society and other groups that defend the objectives of the programme.

Provided that they are established in the EU or in one of the non-EU countries participating in the programme, access to the programme is open to the following entities:

  • public or private institutions and bodies;
  • universities;
  • research institutes;
  • non-governmental organisations;
  • national, regional or local authorities;
  • international organisations;
  • other non-profit-making organisations.

The programme makes possible joint activities with competent international organisations in the field of fundamental rights, such as the Council of Europe.

Monitoring and implementing the programme

Every year, the Commission publishes a list of the actions financed under this programme. The available budgetary resources are entered annually in the general budget of the EU. The available annual credits are authorised by the budgetary authority (the European Parliament and the Council of the European Union) within the limits of the financial framework.

The Commission shall ensure that the beneficiary presents technical and financial reports on the state of progress of the work in respect of any action financed by the programme, as well as a final report within three months of the end of the action. Furthermore, the Commission ensures that the EU’s financial interests are protected by applying preventive measures against fraud, corruption and any other illegal activity.

The Commission will present an annual stocktaking of the implementation of the programme, an intermediate report assessing the results obtained (by 31 March 2011 at the latest), a communication on the continuation of the programme (by 30 August 2012 at the latest) and an assessment report after the programme finishes (by 31 December 2014 at the latest).

Complementarity with other EU programmes

This programme seeks to complement and establish synergies with other EU programmes, in particular the framework programmes “Security and Safeguarding Liberties” and “Solidarity and Management of Migration Flows”, as well as with the PROGRESS programme.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2007/252/EC

28.4.2007

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OJ L 110 of 27.4.2007

Europe for Citizens

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Europe for Citizens

Outline of the Community (European Union) legislation about Europe for Citizens

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Citizenship of the Union

Europe for Citizens (2007-13)

Document or Iniciative

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 [See amending act(s)].

Summary

With a view to actively involving the public in the process of European integration, this programme is intended to encourage cooperation between citizens and citizens’ organisations in various countries. They can thus come together and take action in a European environment that respects their diversity.

Before publishing this decision, the Commission undertook an extensive public consultation from December 2004 to February 2005 and then organised a consultative forum on 3 and 4 February 2005. The online consultation resulted in more than a thousand responses, 700 of which were from organisations and some 300 from individuals. This programme for 2007-13 follows on from the Community action programme to promote active European citizenship (2004-06).

Objectives

The programme’s general objectives are as follows:

  • giving citizens the opportunity to interact and participate in constructing an ever closer Europe that is open to the world, united in and enriched through its cultural diversity;
  • developing a European identity among European citizens based on recognised common values, history and culture;
  • fostering a sense of ownership of the European Union (EU) among its citizens;
  • enhancing tolerance and mutual understanding between European citizens and respecting and promoting cultural and linguistic diversity, while contributing to intercultural dialogue.

Its specific objectives are to:

  • bring together people from local communities across Europe to share and exchange experiences, opinions and values, to learn from history and to build for the future;
  • foster action, debate and reflection related to European citizenship and democracy through cooperation between civil society organisations at European level;
  • make the idea of Europe more tangible for its citizens by promoting and celebrating Europe’s values and achievements, while preserving the memory of its past;
  • encourage the balanced integration of citizens and civil society organisations from all participating countries, contributing to intercultural dialogue and bringing to the fore both Europe’s diversity and its unity, with particular attention to activities with Member States that have recently joined the EU.

The programme’s objectives must be reflected in four types of action:

Action 1: “Active citizens for Europe”

This action involves citizens directly by means of town-twinning activities and citizens’ projects to debate European issues and develop mutual understanding through direct participation. In order to improve town-twinning and citizens’ projects, it is also necessary to develop support measures to exchange best practices, to pool experiences between stakeholders at local and regional levels and to develop new skills, for example through training. As an indication, at least 45 % of the total budget allocated to the programme will be devoted to this action.

Action 2: “Active civil society in Europe”

Approximately 31 % of the total budget allocated to the programme will be devoted to this action, which comprises:

  • structural support for European public policy research organisations (think-tanks);
  • structural support for civil society organisations at European level;
  • support for projects initiated by civil society organisations at local, regional and national levels.

Action 3: “Together for Europe”

Approximately 10 % of the total budget allocated to the programme will be devoted to this action, which supports:

  • high-profile events, such as commemorations of historical events, artistic events, awards to highlight major accomplishments and Europe-wide conferences;
  • studies, surveys and opinion polls;
  • information and dissemination tools.

Action 4: “Active European Remembrance”

Approximately 4 % of the total budget allocated to the programme will be devoted to this action, which comprises projects to preserve active European remembrance. These are mainly projects designed to preserve the main sites and archives associated with the mass deportations and former concentration camps and to commemorate the victims of mass exterminations and mass deportations that took place during the Nazi and Stalinist regimes.

Participation

The programme is open to the participation of the following countries, in accordance with the general terms and conditions for their participation in Community programmes:

  • Member States;
  • EFTA States that are party to the EEA Agreement;
  • candidate countries benefiting from a pre-accession strategy;
  • countries of the western Balkans.

The programme applies to the following:

  • local authorities and organisations;
  • European public policy research organisations (think-tanks);
  • citizens’ groups and other civil society organisations, such as non-governmental organisations, platforms, networks, associations, federations, trade unions, educational institutions and organisations active in the field of voluntary work or amateur sport.

Management, budget and evaluation

The Commission is assisted by a committee and must adopt most of the implementation measures in accordance with the management procedure. This includes selection decisions related to operating grants, multi-annual twinning agreements and high-profile events. With regard to other selection decisions, the Commission has the obligation to inform the committee and the European Parliament of the decisions adopted. The proposed budget for the implementation of this programme is EUR 215 million. Approximately 10 % of the total allocated budget covers administrative expenditure.

The Commission shall submit an interim evaluation report on the implementation of the programme no later than 31 December 2010. A communication on the continuation of the programme shall be presented no later than 31 December 2011. The ex-post evaluation report shall be submitted no later than 31 December 2015.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Decision No 1904/2006/EC

1.1.2007 – 31.12.2013

–

OJ L 378 of 27.12.2006
Amending act(s) Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Decision No 1358/2008/EC

31.12.2008 – 31.12.2013

–

OJ L 350 of 30.12.2008

Related Acts

Communication from the Commission of 9 March 2004 – Making citizenship Work: fostering European culture and diversity through programmes for Youth, Culture, Audiovisual and Civic Participation [COM(2004) 154 final – Official Journal C 122 of 30.4.2004].