50 Questions and Answers About Your Rights as a European Citizen

8/4/2019 50 Questions and Answers About Your Rights as a European Citizen

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50 QUESTIONS AND ANSWERS ABOUT YOUR RIGHTS AS A CITIZEN OF THE EUROPEAN UNION

This publication aims to provide citizens of the European Union1 with a guide to their rights.

1. What is European Citizenship?

The concept of European Citizenship is contained in Article 17 of the Treaty Establishing aEuropean Community.2

Article 17 (1) EC provides that:

Citizenship is hereby established. Every person holding the nationality of a Member Stateshall be a citizen of the Union. Citizenship of the Union shall complement and not replacenational citizenship

This means that by being a citizen of a Member State of the EU, you are also automatically aUnion citizen. It is important to note that the Member State decides who its nationals are; theEU cannot.

In order for an immigrant who is not a citizen of a Member State (known as a third countrynational) to become a European citizen he/she must first become a citizen of a Member State.

2. What are my rights as a European citizen?

Article 17 (2) EC provides that:

Citizens of the Union shall enjoy the rights conferred by this Treaty and shall be subject to theduties imposed thereby.

This means that as a Union citizen you also have certain rights. These rights are in addition tothe rights that you have as a citizen of your own Member State; it does not replace them.

Your rights as a European citizen contained in the EC Treaty are currently as follows:

• To travel, work, or live freely in another country of the Union.

• To vote and be elected in municipal and European elections in your country of residence.

• Diplomatic and consular protection of another Member State when in a third country (acountry not in the EU) and your own Member State is not represented.

• To write to the European Institutions in one of its official languages, and receive a reply inthat language.

• To submit petitions to the European Parliament on subjects within the scope of theEuropean Union.

• To complain to the European Ombudsman about maladministration by the EuropeanInstitutions.

In addition, under European Community law, European citizens are provided with a number of other rights. These include equal treatment with nationals of the host country regarding matterswithin the scope of the Treaty.

1 Hereinafter ‘EU’

2 Hereinafter ‘EU Treaty’ or ‘EC’

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3. What impact has the Euro had on European citizenship?

Today, the Euro is the official currency of 16 of the 27 Member States of the EU, which adds tothe impression of a single travel zone. It encourages mobility and a sense of commoncitizenship. Further, with the introduction of the Euro, Europe is more than ever part of our dailylives and citizens naturally feel increasingly concerned with European political developments.

TRAVELLING WITHIN THE TERRITORY OF THE EUROPEAN UNION

4. Do I still have to carry a passport or identity card to travel inside the Union?

According to Directive 2004/38/EC on the right of citizens of the Union to move and residefreely within the territory of the Member States, Union citizens have the right to enter, resideand remain in the territory of any other Member State for up to three months simply bypresenting a valid passport or national identity card. No other formality is required.

It is also important to note that certain Member States of the EU are signatories of theSchengen Agreement which came into effect in 1995. The UK and Ireland, however, opted outof Schengen’s visa and border control arrangements This Agreement provides for the removalof routine inspections at borders as well as the right to travel as tourists inside the “Schengenarea” for third country nationals once they have been issued with a visa on their entry to the firstSchengen Member State they visit. Today, the Schengen Area currently consists of 25European countries:

Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland,Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland.

5. What are my rights in relation to being accompanied by my family when moving

around the Union?

One of the core rights of Union citizenship is freedom of movement. If you choose to exercisethis right; you are also able to be accompanied by family members. “Family” includes your spouse, children under 21 or dependant on you, your parents and your spouse’s parents if theyare also dependent on you, all irrespective of nationality.

For family members who are not Union citizens (third country nationals), if required by the hostMember State, they must be issued with a visa without excessive formalities.

It should be noted that in the case of students the right of residence for family members islimited to spouse and dependent children.

YOUR RIGHT OF RESIDENCE

6. What formalities are required when travelling to another Member State?

You will need to bring with you a valid passport and/or ID card for yourself and for all familymembers that will be accompanying you.

If members of your family are third-country nationals, you will need to ensure that they have avalid visa.

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7. Will I need to register or obtain a registration certificate for a short-term stay?

If your stay in another EU Member State does not exceed three months, a valid identity card or passport is sufficient.

Your right to reside as a union citizen is independent of a Member State issuing a residencedocument.

8. What will I need to do if I want to stay in another Member State for longer than threemonths?

All Union citizens have the right to reside in another Member State for longer than three monthsif they are a worker or are self-employed, or have sufficient resources and sickness insurancefor themselves and accompanying family members. Students also have the right to stay longer than three months as long as they fulfill the sickness cover and sufficient resourcesrequirements.

The authorities of the Member State may require citizens to register, after which time aregistration certificate will be issued.

The right to stay in another Member State is also extended to the family of the Union Citizen. If

the family members themselves are also Union citizens, they will be required to present a valididentity card or passport as well as documentation proving a family relationship or registeredpartnership.

Family members that are third country nationals will have to show a valid visa and must submitan application for a residence card within three months of arriving in the host Member State.

9. Why do I have to provide proof of sufficient resources to be granted the right of residence?

Workers and self-employed union members do not need to provide proof of sufficient

resources; however students will need to prove that they have the means to supportthemselves so that they do not become a burden upon the social assistance system of the hostMember State.

“Sufficient resources” means the capacity to provide for your own needs and those dependenton you. In some Member States there may be a requirement to provide evidence of regular income such as a bank statement, or student finance letter. A Member State may not specify anamount which will be accepted as ‘sufficient resources’ and must consider your personalsituation.

10. Is the right to live as a family guaranteed?

The right of residence for family members who are Union citizens are not affected by thecitizen’s death or the link between you was terminated in the event of divorce, annulment of marriage or termination of registered partnership. However it is up to the Member States todecide whether they will recognize registered partnerships as equivalent to marriage.

Measures should also be taken to ensure family members already residing in the host Member State retain their right of residence in cases of abuse.

11. What rules of procedure are the authorities of the host country required to complywith?

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They must be satisfied with a valid identity card or passport and in addition a visa for the familymembers from a third country, where this is required. The principal holder of the right of residence must also be able to provide proof of work in the host country or “sufficientresources”. With regard to the family members, you must be able to prove the family tie. Familymembers who are NOT nationals of a Member State are issued a residence card, which theymust apply for within three months of arrival in the host Member State.

The residence card of a minimum five-year validity will be issued within six months from thedate the application was submitted and is automatically renewable unless there is a

fundamental change to the situation of the individual in question.

12. What happens to me if I lose my job?

The residence permit cannot be withdrawn simply because the European citizen is no longer working. The worker may remain in the country where he or she was last employed. (However,at the next renewal of the permit, the period of validity may be limited to a year if the individualhas been involuntarily unemployed for more than twelve consecutive months.)

It should be noted that the “sufficient resources” requirement still applies to self-employedworkers right to remain in the event of involuntary ceasing his or her activity.

13. When do I obtain permanent residence status?

Citizens of the Union who have legally resided in the host Member State for a continuousperiod of five years are granted the right of permanent residence there.

This right also applies to family members who are not Union nationals and have resided legallywith the Union citizen for five years continuously.

YOUR RIGHT TO WORK

14. Can I take up employment in another Member State?

As a citizen of the European Union, you are entitled to take up employment in another Member State under the same conditions as nationals of that country. You will work under the sameconditions as nationals of the Member State in terms of pay, dismissal and measures protectinghealth and safety in the workplace.

15. How long can I stay in another Member State as a jobseeker?

You may stay in another Member State for a ‘reasonable period’ of time in order to find a job.

This period is not defined by legislation, but case law suggests a period of six months, after

which time it must be shown that the person is still looking for work and has a genuine chance

of being employed (for example if you have an interview arranged). The Member States,

however, are entitled to lay down a reasonable period for this purpose.

Those who are voluntary unemployed are not addressed by EU legislation, so case law is likely

to apply here also, which allows the person to stay in the country if they have a genuine chance

of being employed there.

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16. Can I get help seeking work in another Member State?

For help with looking for employment from your own Member State you can consult EURES(European Employment Service).

This is a network coordinated by the European Commission, the public employment services of the Member States, trade unions, employer’s organisations and local authority services.The network comprises about 500 “Euro advisers” distributed throughout the EuropeanEconomic Area. Their role is to assist job seekers, providing them with information about livingand working conditions abroad and to facilitate the exchange of information about vacanciesand applications for employment.

In addition, it should be remembered that you also have the option of registering withemployment services and job centres in the Member State in which you are seeking work- it isnot necessary that you are resident there. You are entitled to the same assistance as nationalsof that country.

EURES can be contacted through the national employment services or you can visit thewebsite: http://ec.europa.eu/eures/home.jsp

17. Can certain jobs be reserved for nationals of Member States?

In general, a European citizen must have equal access to all jobs offered in another Member State, without being discriminated against on grounds of nationality. However, with reference toemployment in the public service for posts where powers are conferred by public law and dutiesare designed to safeguard the general interests of the State or of other public authorities, it ispermissible to reserve posts for Member State nationals.

18. To what extent are professional and academic qualifications and experience gainedin another Member State recognised?

Professional qualifications

For a number of professions, namely doctor, general nurse, dentist, midwife, veterinarysurgeon, pharmacist or architect, the recognition of qualifications are automatic because theyhave been subject to Community harmonisation measures. For automatically recognisedprofessional qualifications all you need to prove is that you have obtained the relevantqualifications stated in the Directive.

In addition, the European Union has adopted a “general system” for recognition of professionalqualifications. This system offers a way for persons who are fully qualified in a profession in one

Member State to move to another to pursue the same occupation there, where it is regulated.

The general system provides a means for recognition of qualifications but it remains with thehost Member State to lay down a minimum level of qualification to ensure quality of services.

In this case, the individual may be required to sit an aptitude test or complete a period of further study in the host Member State.

This system applies if:

• You are a national of a Member State.

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• You are fully qualified to pursue a given occupation in your Member State of origin.

• You wish to pursue the same occupation, which is regulated in the host Member State.

Academic qualifications

There is no system of academic recognition: only general provisions apply. In this respect,academic recognition entails the recognising of all or part of your diploma as equivalent. Many

universities now follow the Erasmus programme which helps guarantee that your studyplacement abroad is considered an equivalent period in your home institution and also this caninclude recognition of assessments.

There is a European Community course credit transfer system that facilitates the process of academic recognition. For further information consult the Network of National AcademicRecognition Information Centres (NARIC) that can be contacted via the website:http://www.enic-naric.net/

19. What opportunities does the European Union offer for education, training andresearch in another Member State?

There are a number of EU programmes designed to develop mobility in education, training andresearch. It should be noted these are addressed to organisations (universities, traininginstitutes, youth centres for example) rather than individuals directly. They include:

• Erasmus/Socrates This programme finances initiatives to try and encourage the co-operation and theexchange of ideas and expertise among students and academic staff. It finances thedevelopment of common courses between universities of various Member States, aswell as the possibility of carrying out part of your studies abroad. This part of Socratesis Erasmus.

• Leonardo Da Vinci

This programme promotes vocational training for all. It supports projects of co-operation in research and encourages the adaptation to new technologies.

• European Youth Programmes This encourages youths (15-25 years) to experience living or working in another Member State.

• European Voluntary Service This programme encourages young people (18-25 years) to pursue an activity of European public interest in another Member State.

• Training and Mobility of Researchers (TMR) This programme can give “Marie Curie” grants to enable a researcher to move toanother Member State to join a research organisation for a period of between sixmonths and two years.

YOUR SOCIAL RIGHTS20. Which social security system will I join?

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Community law only coordinates national legislation in this area and does not harmonise it.Therefore, each Member State defines its own social security rules whilst taking into accountthe achievement of the tasks of the European Community and not enacting any measure thatmight affect its objectives.

The basic principles are as follows:

-A Union citizen can be subject to legislation of one Member State only, even if he/sheworks in several Member States?

-The Union citizen is normally subject to the legislation of the country where he/shepractices his/her profession. This is independent of his/her place of residence or the placeof establishment of his/her employer.

-If work is undertaken in several Member States, the Union citizen will join the one that isalso his/her Member State of residence. Failing this, then where the employer isestablished or the Member State where the majority of work is undertaken if self employed.

-If a European citizen stops work in one Member State to start work in another, he/she willchange social security system, i.e. stop accumulating rights in the previous Member Stateand start to accumulate them in the second.

-Those who stop working completely remain subject to the legislation of the Member Statewhere he/she was last employed.

It should be noted that these rules have a number of exceptions, for example frontier workers(a person who resides in a country other than the country where he/she works and returns tothe country of residence at least once a week), sailors, and international transport workers. For more information consult the social security organisations of the countries involved.

21. Will I be disadvantaged in receiving social security benefits compared with thenational worker?

You are entitled to receive the same rights and obligations under the host Member State social

security legislation as nationals of that country. This means, that a claim for social assistance

such as unemployment benefit, family allowance and sick leave may not be rejected for the

sole reason that you are not a national of that State.

22. What happens to health insurance for treatment received in a Member State other than the one to which I am associated?

Benefits in cash are paid directly by the organisation to which he/she is associated, unless

there is an agreement with the Member State of residence. Benefits in kind (for example healthcare coverage, medicine, hospitalisation), on the other hand, are given via the organisation of the country of residence as if you were joined to it, even if you remain the responsibility of theMember State of association. This, of course, is on the condition that you are registered in thehost country by means of the suitable E form, which enables the transfer and acquisition of your rights.

In the case of emergency health care required while travelling or during a stay in another Member State, the European Health Insurance card (EHIC) which replaced the E111 form, isrequired.

A third possible case is the need for care in another Member State that is not an emergency.The EHIC will NOT cover private treatment, so appropriate private health insurance is

necessary to cover all possibilities.

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In these situations the services of the Member State in which the health care is obtained willapply their own legislation.

23. How are pensions protected?

Until retirement age, the migrant worker keeps an insurance file in each Member State wherehe/she has been insured.

On retirement age every Member State where he/she was insured for at least a year will haveto pay a pension. The amount of pension received is calculated according to the insurancerecord in that Member State. No contributions will be lost, acquired rights are protected, andevery Member State will pay a pension corresponding to the insurance period completed there.

Disability pensions are also calculated in accordance with the above rules- except for thefollowing three points:

-If insured in a number of Member States how your pension is calculated will depend on thelegislation of the Member State in question.

-The calculation of the disability rate will be determined by the Member State.

-As there is no mutual recognition with regard to the disability rate, if a medical examinationis required for a pension paid by a Member State other than by your home Member Statethey can require that an examination is carried out also by their own medical authorities.

Widow’s pensions also operate in the same way as retirement pensions.

24. What about unemployment benefits?

You may draw any unemployment benefit that you may have been receiving, provided you

meet certain conditions. For example, if you have been drawing unemployment benefit in your home Member State, you can continue to do so whilst looking for work in another Member

State provided you have been registered with a national employment agency.

YOUR POLITICAL RIGHTS

25. To what extent can I take part in elections in the host Member State?

The EC Treaty gives every Union citizen the chance to vote and to stand as a candidate in

municipal and European elections in the Member State where he or she lives under the sameconditions as nationals of that Member State.

The right to vote or stand as a candidate in the Member State of residence applies to anyperson who:

-Is a citizen of the Union-Is not a national of the Member State of residence, but satisfies the same conditionsregarding the right to vote and to stand as a candidate as that State imposes on its ownnationals.

A condition of length of residence can only be imposed if it applies to nationals.

Union citizens are not allowed to vote more than once or may stand as candidate in more thanone Member State. It should be noted that Community law states that your right to vote or to

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eligibility in the country is subject to the condition that you qualify for those rights in your ownMember State.

26. In practice, how do I exercise my electoral rights in a host Member State?

If you wish to vote or be elected in your country of residence you must ask to be registered onthe electoral roll. Once registered, if voting is obligatory in the host Member State, you aresubject to this requirement just as the nationals of the country are. You remain on the electoral

roll until you withdraw yourself.

27. Why is participation only limited to municipal and European elections?

This may be explained by the idea that participation in national elections is an expression of “nationality” and sovereignty. This is different from the idea of municipal elections, which isbased on your role as an inhabitant of a city; participation in local life counts more than origin.

TRANSITIONAL ARRANGEMENTS

28. What are transitional arrangements?

The purpose of transitional arrangements for the Member States to gradually introduce freemovement rights to workers from Member States that have recently joined the EU. Thearrangements offer areas where there may be a significant number of new arrivals in the labour

market from new Member States, time to adjust.

This applies to citizens of Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland,Slovakia and Slovenia, (‘EU-8’), which joined in 2004, as well as Bulgaria and Romania, which joined in 2007.

Although Member States have seven years to fully open their labour markets, they may openthem at any stage of the transitional period. The deadline is 2011 for the EU-8 and 2013 for Bulgaria and Romania.

29. To whom do these arrangements apply?

The transitional period applies to EU workers only. It does not apply to the self-employed,students, pensioners or those who are unemployed.

Transitional arrangements do not restrict the rights to travel and live in another Member State.

30. Why is it important that Member States drop restrictions to labour market access?

The primary reason is that freedom of movement is one of the four fundamental rights of the EUand therefore a right of every worker who is a citizen of the EU. By imposing restrictions on thefree movement of workers, major barriers are created for the development of the internalmarket.

Further, the lifting of restrictions between Member States contributes to economic growth bysatisfying labour market and skills shortages.

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31. What is the current situation regarding restrictions on workers from EU 8 Member States?

Following accession of the EU 8 In May 2004, Sweden Ireland and the UK opened their labour markets straightaway. Sweden and Ireland do not impose any restrictions, but the UK adopteda Worker’s Registration Scheme.

Greece, Spain, Portugal and Finland lifted their restrictions from 1st May 2006, then Italy 27thJuly 2006. In the following year, the Netherlands opened their labour markets as of 1st May2007, followed by Luxembourg from 1st November 2007 and France as of 1st July 2008.

Belgium and Denmark decided to lift their restrictions on workers from EU-8 Member Statesfrom 1st May 2009.

32. Have Germany and Austria opened their labour markets to EU 8 Member Stateworkers?

These Member States have decided not to open their labour markets to workers of EU-8countries until 31st December 2011. This means that if you are a worker from a Czech Republic,Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia you will still have to applyfor a work permit until this date.

33. What if I am a citizen of Bulgaria or Romania?

Sweden and the EU-8 Member States, with the exception of Slovenia and Hungary, do notimpose any restrictions to their labour markets for Bulgarian and Romanian workers. InSlovenia, Finland and Cyprus, workers must register.

Greece, Spain, Hungary and Portugal lifted their restrictions on the 8 th January 2009, followedby Denmark on the 1st May 2009 when it also lifted restrictions for workers from EU-8 Member States.

The remaining Member States have decided to maintain their restrictions upon Bulgarian andHungarian workers but must open their labour markets by 31st December 2013, although theymay do so anytime before this deadline.

IN DEFENCE OF YOUR EUROPEAN RIGHTS

34. What should I do if I think my European rights have been violated?

If you believe that your freedom of movement has been violated, you must first seek redresswith your national authorities. This can be brought through a national court or another administrative body.

If your problem was caused due to incorrect application of Community law by a national publicauthority, the SOLVIT system may be able to help you. SOLVIT is a problem-solving onlinenetwork, which aims to solve problems without citizens having to resort to undertaking legalproceedings.

For more information, please visit the website:http://ec.europa.eu/solvit

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You can also contact the Citizens Signpost Service. This is a Europe-wide service that offersyou information and advice within the European Union custom-made to your problem or question.

Where appropriate, you would be directed or ‘signposted’ to the most relevant body (at local,national or European level) to solve your particular problem. Replies are given by telephone or e-mail in the language requested by the citizen (one of the 23 official languages).

For more information, please visit the website:http://ec.europa.eu/citizensrights/front_end/about/index_en.htm

Alternatively, you can lodge a complaint with the European Commission:http://ec.europa.eu/community_law/your_rights/your_rights_forms_en.htm

To lodge a petition with the European Parliament, please go to:http://www.europarl.europa.eu/parliament/public/staticDisplay.do?id=49&language=EN

35. In the event of a violation of Community law, could I take my case to theEuropean Court of Justice?

Although people often assume that when their rights are violated they can appeal to theEuropean Court of Justice3, this is not the case. It is not possible to appeal the decisions of national courts to the ECJ; rather national courts may refer questions of Community law whenthey require clarification into how a provision should be applied.

It is for the Member States to implement Community provisions; therefore citizens have theright to expect their national authorities to guarantee the application and respect of suchmeasures.

In the event that a Member State has not correctly implemented or has breached a Communityprovision, the Commission may bring an enforcement action against the concerned Member State. If the Member State still does not rectify the breach, it can be brought before the ECJ by

the Commission. If found to be in breach and immediate compliance with the judgement is notcarried out by the Member State, a fine may be imposed.

36. What can the European Commission do?

The European Commission is the “Guardian of the Treaty”, responsible for ensuring thatMember States implement Community laws. If necessary, this Institution can start aninfringement procedure in the European Court of Justice for a Member State’s failure to fulfil anobligation.

Any individual or business may lodge a complaint with the Commission concerning a Member

State that may have violated a provision of Community law. This process is free of charge anddoes not require the assistance of a lawyer.

37. How can I make a complaint?

Complaints to the Commission are informal. It is sufficient for the complaint to contain thefollowing information: Name, Nationality, Address, Professional Occupation, description of thefacts with indications of the authorities in question.

3 Hereinafter ECJ

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If possible you should also include any relevant documentation. There is no need to be assistedby a lawyer and the procedure is free.

You can submit your complaint using a standard complaint form that can be obtained from theoffices of the Commission in the Member States and also on the website:http://ec.europa.eu/community_law/your_rights/your_rights_forms_en.htm

Alternatively you can write in an official language of the Union to:

Commission of the European Union(for the attention of the Secretary General)200, Rue de la LoiB-1049 Brussels

You will be informed of the action being taken on your complaint. Unless the complaint isobviously unfounded or not within the scope of Community law, the Commission will inquire intothe facts and the law before deciding whether to follow up the complaint or not. This decisionshould be made within a year from the registration of the complaint.

If the Commission considers that there is a violation of Community law, it will invite the Member State in question to react before issuing it with a ‘reasoned opinion’, which requires the EU

country in question to remedy the alleged infringement within two months. The complaint willhopefully be solved by this time.

If the Member State does not conform to the reasoned opinion, the Commission has thediscretion to refer the case to the ECJ to require the Member State in question to stop theinfringement.

The judgement of the court does not affect the individual rights of the complainant directly. Thedecision concerning him/her and the possibility to obtain damages has to be sought at thenational level, with the support of the judgement by the ECJ.

38. What about the European Parliament?

Article 21(1) EC Treaty gives any person the right to send petitions to the EuropeanParliament.

Petitions are informal but must include the essential information as listed in the previousquestion. You can submit your petition by email, using the complaint form from the website at:


Alternatively you can write to the following address:

President of the European ParliamentMember’s ActivitiesL-2929 Luxembourg

Petitions are recorded and examined by the Parliament’s Petition Committee, which will informthe complainant of any follow up action being taken. If the Petitions Committee considers therehas been an infringement of Community law, it can recommend that the European Commissiontakes necessary measures. The Petitions Committee has no power to order measures or startany proceedings against a Member State.

On the other hand, the European Parliament is able to bring a case against the Commissionbefore the European Court of Justice for their failure to follow its recommendations.

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The petitions procedure is formal and slow, therefore in many cases it is more effective andquicker to ask an MEP (Member of the European Parliament) from your region to intervene onyour behalf.

39. What is the role of the European Ombudsman?

The role of the European Ombudsman is to receive complaints from private individuals aboutmaladministration by the European Institutions, in particular the Council, Commission and

European Parliament. Common problems the Ombudsman deals with are unnecessary delay,refusal of information, discrimination and abuse of power.

It should be noted that the European Ombudsman cannot consider national, regional or localmaladministration in Member States, even if they are not respecting Community law. For complaints in this area there are similar services on the national level whose websites areaccessible via the European Ombudsman site.

The complaint should be made within two years of when the problem occurred. The formalrequirements are similar as a complaint to the Commission.

It is possible to lodge a complaint through the European Ombudsman website:

http://www.euro-ombudsman.eu.int

Alternatively you can write to the European Ombudsman at the following address:

Mr Nikiforos DiamandourosThe European Ombudsman1, Avenue du Président Robert SchumanLP 403F-67001 Strasbourg CedexTel: 33-3-8.17.24.22Fax: 33-3-88.1.90.62

It is not necessary to have suffered damages due to maladministration. It is, however,necessary to have first attempted to raise the matter with the Institution concerned (preferablyby letter). In addition, the facts of your complaint must not have been the subject of judicialproceedings.

The Ombudsman has the power to carry out the necessary investigations with the Institutionsconcerned independently and without being obstructed by the possible confidentiality of documents. If the Ombudsman finds an administrative mistake he will try to find a solution thatwill be acceptable to both parties. If he considers it necessary he will send the Institutionconcerned a recommendation that it will have to follow within three months.

Failing this, the Ombudsman will send the European Parliament a detailed report, leaving the

matter to them. Opinions of the Ombudsman are not legally binding but they do carry moralauthority and they are generally followed by the Institutions.

40. Can I claim legal aid whilst I am in another Member State?

Residents in another Member State of the Union can claim legal aid on the same conditions asnationals. You are also entitled to ask for the assistance of an interpreter if you are not veryfamiliar with the language of the country.

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Article 47 paragraph 3 of the Charter of Fundamental Rights of the European Union4

provides that legal aid will be made available to those who lack sufficient resources in order toensure effective access to justice.

On 27th January 2003 a Directive was adopted by the Council which establishes common rulesrelating to legal aid across all Member States.

The Directive sets out appropriate services that must be provided:

- Necessary legal aid for those who do not

- Access to pre-litigation advice

- Legal assistance and representation in court- Exemption from, or assistance with, the cost of proceedings, including the costs

connected with the cross-border nature of the case

CHARTER OF FUNDAMENTAL RIGHTS

41. What is the Charter of Fundamental Rights?

The Charter of Fundamental Rights of the European Union is a document which sets out arange of civil, political and social rights to be enjoyed by all citizens of the signatory states.

In six chapters the charter covers: dignity, freedoms, equality, solidarity, citizen’s rights and justice.

The Charter, which was signed at the EU’s Nice summit in 2000 is a modern re-statement of aclassical bill of rights and brought together all existing rights into a single document. Althoughthe Charter may be considered by national law courts and the European Court of HumanRights, it is a “political declaration” and currently not legally binding. The document wasincorporated into the draft Constitution for Europe and later into the Treaty of Lisbon, but boththese was rejected.

42. Can the Charter still be used even though it is not currently legally binding?

Despite its lack of legal force, the Convention can be seen as confirmation of pre-existing rightsin the Universal Declaration of Human Rights and the European Convention of Human Rights,whilst adding rights relating to good administration, justice and legal aid.

It has a “sui generis” (unique) value of a solemn proclamation between the Council,Commission and Parliament, which means that these institutions will not contradict the Charter.

However, as it does not have Community law status, contradictions to it cannot be used as thesole basis of a claim.

43. Who protects my human rights?

The European Court of Human Rights situated in Strasbourg has jurisdiction over the EuropeanConvention of Human Rights. This institution aims to ensure the respect of the Convention andof Fundamental Freedoms within Member States of The Council of Europe.

4For the full text please see

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000X1218(01):EN:NOT

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It is necessary to be clear that the European Court of Justice situated in Luxembourg is aninstitution of the European Union, resolving Community law issues such as border controls andthe Common Agricultural Policy. The European Court of Justice is not to be confused with theEuropean Court of Human Rights. These courts have completely separate roles and cover different jurisdictions.

44. How can I bring an action?

Any person who is residing in one of the signatory States (a Member State of the Council of Europe) can bring an action in Strasbourg if he/she believes him/herself to be a direct victim of an act contrary to the Convention.

To bring an action to the European Court of Human Rights, the claim must be against aMember State. A case cannot be brought against a private individual.

Firstly, all domestic remedies must be exhausted. This means that the case must be appealedto the highest national court before a claim to the European Court of Human Rights can made.

An application may then be made directly to the court, where it is assigned to a Section and

dealt with by a Committee or a Chamber. The Chamber determines both admissibility andmerits of the claim and the judgement becomes final three months after delivery.

FREE LEGAL EUROPEAN ADVICE SERVICES

45. What could ECAS and other free legal advice services do to solve my problem?

ECAS’ mission is to enable NGOs and individuals to make their voice heard with the EU. Oneof our objectives is to defend European citizenship rights. A call centre (telephone number 0800

67891011) provides first level information, whilst more difficult questions are sent to the citizenssignpost service (CSS) run by ECAS for DG markt. This consists of a management team andover 50 legal experts answering 9000 eligible questions per year since 2002.

Please see the CSS website:http://ec.europa.eu/citizensrights/front_end/index_en.htm

The Citizens Signpost Service gives free and independent legal advice, but does not interveneand solve problems. For that, there is a close link to SOLVIT (website:http://ec.europa.eu/solvit/)

More complex questions are sent to Freshfields Bruckhaus Deringer LLP, who provides ECASwith pro bono support.

At regional and national level there are many citizens’ advice, legal aid or specialisedorganisations that can help. ECAS is bringing them together in a European forum of citizen’sadvice services.

For more information please see the ECAS website: www.ecas.org

46. Where can I get advice on starting and managing a business in the European Union?

Article 43 of the EC Treaty provides freedom of establishment for entrepreneurs to set up a new

business in any Member State of the EU.

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http://ec.europa.eu/citizensrights/front_end/index_en.htm

http://ec.europa.eu/solvit/

http://www.ecas.org/

http://ec.europa.eu/citizensrights/front_end/index_en.htm





You can obtain free advice and support from the Enterprise Europe Network. Services aredirected at small to medium sized enterprises, providing information on funding opportunitiesand advice on solutions to entrepreneurs and companies in more than 40 countries includingCroatia, the Former Yugoslav Republic of Macedonia and Turkey, members of the EuropeanEconomic Area, as well as all 27 Member States of the Union.

For more information, please see the Enterprise Europe Network website:

http://www.enterprise-europe-network.ec.europa.eu/info/about_network_en.htm

THE ROLE OF THE EUROPEAN CITIZEN

47. How can I, as an individual, play an influential role at European level?

Any citizen of the EU, as an individual or in association with others may petition the EuropeanParliament under Article 21(1) EC Treaty (please see question 38 for the procedure). Thepetition may be concerning an individual request, a complaint, or an appeal to the EuropeanParliament to adopt a position on a specific issue of public or private interest.

48. What role do European associations play?

Individual protests can be successful in enforcing changes within the EU, but it can be muchmore effective when an issue is brought to the attention of EU institutions by a group of citizens.For example the “citizen’s initiative” where at least one million citizens of a significant number of Member States provide the Commission with a legislative proposal has been successful wherelegal action from the Union is considered necessary.

Also, European associations have been making an active contribution to strengthening thevoice of citizens with the EU Institutions. ECAS, for example, offers different services aiming tohelp other associations, providing in particular, a guide to European funds. This covers all

European budgets accessible to NGOs with advice on the management of projects andbudgets.

49. How can I keep up to date with the European activities and decisions that affectmy daily life?

The sources indicated above, provide information on the policies and activities of the Union, aswell as legal information. However, the following sources should give more direct information:

• Europa

This is the official web portal of the European Union and starting point of all official on-line information on all EU agencies and institutions. You will be re-directed quickly torelevant information you may require.

All important documents and legislation are translated into all 23 official languages of the EU. Non-legally binding documents are usually only provided in English, Frenchand German.

Please see the Europa website:

http://europa.eu/

• EurActiv

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http://europa.eu/


http://europa.eu/



This website provides free articles and information on policies relating to EU affairs.

EurActiv is independent of the EU institutions, whilst complementing websites such asEuropa by focusing on the non-institutional actors of the EU and encouraging debateson EU policies.

Please see the EurActiv website:

http://www.euractiv.com/en

• Europe Direct

This service aims to provide you with answers to your questions about the EuropeanUnion. A series of guides and fact sheets are also available free of charge for peoplegoing abroad. To contact Europe Direct:

Telephone: Freephone (from anywhere in the EU) 00 800 6 7 8 9 10 11

Website:

http://ec.europa.eu/europedirect/

• Eur-Lex

This on-line library of Community law allows easy research, either by specifying wordsin the text, or carrying out a search by key words to find all the existing legislation.

Please see the Eur-Lex website:

http://eur-lex.europa.eu/

50. Where can I obtain more information regarding my European and fundamental

rights?

• ECAS (European Citizen Action Service) ECAS Solidarity Fund also has a team of experienced lawyers who will be able toanswer your questions on the free movement of persons in a number of official EUlanguages. For more information visit:http://www.ecas.org

• Citizens Signpost ServiceFor further assistance with more detailed questions please contact the Signpost

Service via the website: http://ec.europa.eu/citizensrights/

• SOLVITThis on-line problem solving network aims to help solve problems caused bymisapplication of EC law by national authorities, without resorting to legal action.Please see the SOLVIT website:http://ec.europa.eu/solvit/

• For the texts of the Charter of fundamental rights visit the website:

http://ec.europa.eu/justice_home/unit/charte/index_en.html

If you have found this guide useful you could consider becoming a

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http://ec.europa.eu/citizensrights/












“Friend of ECAS”.

About the European Citizen Action Service (ECAS)

Who are we?

ECAS was created in 1990 as an international non-profit organisation, independent of politicalparties, commercial interests and the EU Institutions. The association’s mission is to enableNGOs and individuals to make their voice heard with the EU.

ECAS’ members cover different areas of activity in the EU and applicant countries: civilliberties, culture, development, health and social welfare.

ECAS is at 83 rue du Prince Royal, 1050 Brussels.

What can we do for you?

Do you want to develop or review your organisation’s contacts with the EU Institutions, look for funding opportunities, or create a new European association or network?

We can help you achieve your European aims more quickly and easily because:

o You will find a helpful multilingual staff specialised in lobbying, fundraising and EU legalissues supported by a sound infrastructure.

o You can benefit from EU funding like thousands of NGOs who have already succeeded

because of our Guide and advice.

o You can obtain good access to the EU Institutions across different policy areas and to

European level associations.

o You will find ECAS is motivated to help, because it is not simply a commercial service,

but committed to creating a more open and broadly based civil society around the EUInstitutions.

What are our objectives?

According to new statutes, ECAS has three objectives:

1. To strengthen the European Strategy of NGOs in member states andapplicant countries of the EU.

ECAS can take credit for enlarging NGO representation at European level, but the Institutionsstill appear remote, complex, with no clarity in their relationship with civil society. We can helpmake the EU easy.

Our priorities are:

o To develop an online funding service for members providing up-dates of Commission

proposals and calls for tender to add value to the annual funding guide.

o To complete information, training and scholarship programme to create EU specialists in

candidate countries and NGO offices in Brussels.

o To follow-up our conferences and research on “European governance” and propose a

European compact for open dialogue between civil society and the EU.

2. To defend free movement rights and promote a more inclusive Europeancitizenship

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ECAS hotlines have encouraged the European Commission to improve its communication withcitizens, but having dealt with over 40,000 complaints little improvement in “free” movement isvisible. That is why ECAS does not just help individuals but campaigns for Treaty and legislative solutions.

Our priorities are:

o To run the citizens signpost service for the Commission at a high level of quality and our

own free movement solidarity fund, which can support test cases.

o To develop a European forum of citizens advice services to overcome the fragmentation of

responsibilities for the enforcement of European rights.

o To promote, with the Convention on the future of Europe, not just “dual citizenship” both

national and European, but also a European citizenship based on residence and goingbeyond free movement rights.

3. To campaign for transparency and reform of the EU Institutions

ECAS’ first two objectives cannot be achieved without a third: not just timid reforms but arevolution in the Institutions to make them open and accountable to citizens.

Our priorities are:

o To continue to test how open the Institutions really are by making use of the rules on

access to documents, and by analysing how well they are working in general.

o To promote a “blueprint” on European citizenship including a right to be heard and a right of

access to Justice, including to the European Court in Luxembourg.

o To develop policy research on communication between the EU and citizens and a citizen’s

right to be informed.

If you feel ECAS reflects your aims and corresponds to your needs, please visit our website:www.ecas.org or contact us with any queries you may have at [email protected] membership rates:Full: 1,500 € / year Associate: 250 € / year Friends of ECAS: 50 € / year


mailto:[email protected]


mailto:[email protected]

50 Questions and Answers About Your Rights as a European Citizen

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