Tagged: citizenship

The House of Commons has agreed that European Citizenship should be maintained

Something remarkable happened yesterday.  The House of Commons passed this motion:

this House supports the maintenance of European Union citizenship rights for Welsh, Scottish, Northern Irish and English citizens, notes that the range of rights and protections afforded to individuals as European Union citizens are integral to a person’s European identity; further notes that many of those rights are closely linked to the UK’s membership of the Single Market; and calls on the UK Government to ensure that the UK’s membership of the Single Market and UK citizens’ right to European Union citizenship are retained in the event that the UK leaves the EU.

That argument (and indeed many of the arguments made in Parliament) has been the subject of several entries on this blog, the petition I have raised to the European Parliament (0922/2016, here), and a legal case currently being considered by the Dutch courts.   The position to date has been that the British Government has signally failed to protect the rights of British citizens, probably because they fear that if they make the attempt, they will have to make reciprocal concessions to the EU.  That would be worth doing, but the central argument is not one about protecting the interests of the UK; it is to require the EU to live up to the commitments that it has made to its citizens.

A few things I may not be able to do again

I’ve done a few things this week that I probably won’t be able to do in the same way in a little more than a year from now.  They include:

  • driving through three European countries without an international driving licence or extra  insurance
  • taking up employment without a work permit
  • using my mobile phone on UK rates (if you imagine that UK phone companies will stick to European rules when they don’t have to, think again; there are still penal rates applying to phones used on the sea crossing).

Theresa May has called for the UK to ‘come back together’ and promises to take account of “the views of everyone who cares about this issue”.  All the government’s attention has been focused on trade and migration.  Those of us who care about having existing rights taken away have been offered no thought or consideration at all.

Protecting the fundamental right of EU citizenship

I’m supporting the attempt to mount a legal case in the Dutch courts to protect the fundamental status of EU citizens who happen to be British.  The detailed legal argument is given in this article, which cites the ECJ’s view that “citizenship of the Union is intended to be the fundamental status of nationals of the Member States. ”

The substance of the crowdfunded case is based on a similar argument to the one I’ve made in my petition to the EU Parliament, which is still active. If EU citizenship is a fundamental right, it can’t be taken away.  Do please support the petition, even if you can’t pledge to support the legal case.

The future of the EU is not going to be for its citizens

The EU Commission’s White Paper on The Future of Europe  was published on 1st March.  It covers five scenarios:

  • carrying on as things are
  • nothing but the single market
  • allowing those who want to do more to develop initiatives
  • doing less
  • strengthening the EU on issues such as trade, foreign policy and defence

It’s striking what this is missing.  The problems faced by the EU are crisply stated:

many Europeans consider the Union as either too distant or too interfering in their day-to-day lives. Others question its added-value and ask how Europe improves their standard of living. And for
too many, the EU fell short of their expectations as it struggled with its worst financial, economic and social crisis in post-war history.

If the problem is that people think the EU is remote and irrelevant, then proposals to make it still more remote and less valuable to citizens make no sense at all.  In September Juncker was talking about developing a “European Pillar of Social Rights” – but there are only eighteen words about social rights in the White Paper, and those are confined to the world of work.  The idea that the EU should be there for its citizens seems to have been forgotten.

 

A petition to the European Parliament

My petition to the European Parliament has at last, after more than six months, been approved for public view, and is now open to supporters.  The text is as follows:

As citizens of the European Union, the status of British nationals is protected by the Charter of Fundamental Rights. Citizenship is the right to have rights. If European citizenship is truly fundamental, not just a conditional privilege, no European citizen should have it withdrawn without consent or treated as if it never existed. When the UK ceases to be a Member State, the Parliament, as the guardian of Fundamental Rights, should ensure that European citizens of British nationality who wish to preserve their fundamental rights are able to retain their citizenship.

The petition, reference number 0922/2016, can be found here. To support a petition to the European Parliament – which is one of the basic rights of European citizens – you will need to register on the portal.

Amendment 882: preserving the fundamental rights of European citizens

The petition I submitted to the European Parliament in July has not yet been approved  for public view, but an interesting proposal has been made by a Luxembourg MEP, Charles Goerens.  The Constitutional Affairs committee is considering  the EU’s institutional arrangements, and Goerens has proposed the following amendment to their report:

Motion for a resolution, Paragraph 37a (new)

37a Advocates to insert in the Treaties a European associate citizenship for those who feel and wish to be part of the European project but are nationals of a former Member State; offers these associate citizens the rights of freedom of movement and to reside on its territory as well as being represented in the Parliament through a vote in the European elections on the European lists.

My petition, provisionally numbered 0922/2016,  had stated

As citizens of the European Union, the status of British nationals is protected by the Charter of Fundamental Rights. Citizenship is the right to have rights. If European citizenship is truly fundamental, not just a conditional privilege, no European citizen should have it withdrawn without consent or treated as if it never existed. When the UK ceases to be a Member State, the Parliament, as the guardian of Fundamental Rights, should ensure that European citizens of British nationality who wish to preserve their fundamental rights are able to retain their citizenship.

Goerens’ amendment, though it does not refer to the EU’s obligations under the Charter, is a substantive response to that.    As the amendment is framed, however, it asks for Treaty change, and it does so in relation to a document which seeks nothing less than a fundamental review of the Lisbon Treaty.  This is likely to be a slow and difficult process, if it happens at all.  In so far as the Charter of Fundamental Rights is already part of the constitution of the EU, Treaty change should not be necessary.  The EU should do what it has already undertaken to do.

A petition to the European Parliament

I have prepared a petition on change.org, as the first step to presenting a petition to the European Parliament.  Here is the text.

Our European citizenship is a fundamental right. Please defend it.

We are citizens of the European Union. In the Charter of Fundamental Rights of the EU, the Union committed itself to the principle that each and every citizen has basic rights. However, the treaties did not directly create distinct legal protections of the status of a citizen, which were considered to be sufficiently protected by the actions of Member States, and Protocol 30 specifically reserves judicial processes relating to such rights to the United Kingdom. If the United Kingdom ceases to be a Member State, British nationals may no longer additionally become European citizens.  It does not follow that the fundamental rights currently held by British nationals should be treated as if they never existed.

The EU needs now to consider how to deal both with the rights acquired by UK citizens and those acquired in the UK by citizens of other countries. Citizenship has been described as ‘the right to have rights’. If the rights of citizenship are truly fundamental, no person who currently enjoys the status of a European citizen should have their citizenship removed. No process which denies European citizens the right to have rights can be considered consistent with the Charter.

The consent of the European Parliament is required before any agreement with the departing member state can be concluded. We therefore petition the European Parliament, as the guarantor of EU citizenship, to safeguard the fundamental rights flowing from EU citizenship both for us and for those elsewhere in the EU. We ask the Parliament and the institutions of the EU to ensure that British citizens who are currently citizens of the European Community, and who wish to preserve that status, should on application be able to retain European citizenship after the UK ceases to be a Member State.

Please sign the petition by following this link.

I have had the advantage of comments and phrases from Tony Venables and Richard Upson.  The next stage will be, after signatures are in, to present this to the online petitions web-page fo the European Parliament.  It is difficult for people to register their support (it took me a day to get my first log in), which is why this is starting on change.org instead.

I’ve been asked – why start another petition, when others were off the blocks first?  The answer is (a) because this is going somewhere different – the European Parliament – and is the only one currently aimed there and (b) it refers to European principles.

What happens to European citizenship?

Decisions have consequences.  Like many others, I’m deeply unhappy with the vote to leave the EU, and have had to think about the implications for myself and my family.  The first and most obvious solution is to seek to be part of a country that does want to be in the European Union.  I did not vote for Scottish independence last time; I will next time.

I have also been looking at the implications of the withdrawal of European citizenship.  Citizenship rights are part of the Charter of Fundamental Rights of the European Union. (The UK did not opt out of the Charter.  The protocols on the UK say that judicial and legislative powers relating to those rights rest with the UK.)

It seems that there is no legal basis to continue to hold European citizenship when the UK leaves – which rather undermines the description of citizenship as a ‘fundamental right’ in the Charter.  (See for example comments by Steve Peers in the seventh question he addresses.)  That does not mean that there is no moral or political argument, or that the process is impossible.   In some other realignments citizens have been given options to retain citizenship on application – many people are currently taking advantage of the arrangements  in Northern Ireland.  The European Parliament has consistently pressed for European citizenship to be treated distinctly from nationality in the member states, and I am considering a petition to the Parliament on that basis.