To What Extent has the Concept of EU Citizenship Resulted in Increased Protection of the Freedom of Movement of EU Citizens - Essay Example

To what extent has the concept of EU citizenship resulted in increased protection of the freedom of movement of EU citizens? Word count = 1207 Hi,Please provide for the necessary lay-out as we are only allowed to use 250 words / page. Best regards! Introduction In order to maximise gains for economic development in the Community-wide setting, it is necessary to provide workers, employees, and those who are aspiring to work for member-country of the Union the best working experience and environment. It is necessary that there are guarantees not only for equal opportunities but the safeguard and protection for finding opportunities. Thus, the freedom of movement or “four freedoms” granted to workers or economically active persons. This paper shall try to establish to what extent the concept of EU citizenship has resulted in increased protection of the freedom of movement of EU citizens. Discussion The treaty of Maastricht encompasses the concept of European citizenship establishing the European Community Articles 17- 22 and 255. It is an evolution of the European integration move on creating an ever closer Union among the peoples of Europe with the objective of strengthening the protection of the rights and interests of the nationals of its Member States through the introduction of a citizenship of the Union. Signed in 1992, the Maastricht Treaty provides that European citizenship confers on every European citizen a fundamental and personal right to move and reside freely without reference to an economic activity. The Treaty also provides for additional active and passive voting rights in European and local elections. Diplomatic and consular protection is also enhanced by giving the right to EU citizens to ask for the help of any Member State represented in a third Country if his/her own Member State is not represented there. Treaty of Amsterdam enforced on May 1999, extended the citizens rights and obligations by introducing a clause allowing EU institutions to take measures against discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. It reinforced the free movement of people by integrating the Schengen Convention into the Treaty. This also affirmed the commitment of each Member State to raise the quality and free access to education at national level to the highest level of knowledge possible with, in particular, the view to tackling unemployment. In 2001, the Treaty of Nice was sign facilitating legislation related to free movement and residence by introducing qualified majority for the decision-making in the European Council. The legal basis for the Freedom of movement for persons in the European Union is: Article 14 (7a) ECT: establishing the internal market, which includes the free movement of persons. Article 18 (8a) ECT: Union citizens have the right to move and reside freely within the territory of the Member States. Article 61 (73i) et seq: new Title IV, ‘Visas, asylum, immigration and other policies related to free movement of persons. The objectives for the Freedom of movement for persons and the abolition of controls at internal frontiers form part of the internal market in which it is not possible for internal frontiers to exist or for individuals to be hampered in their movements. Since its inception, the concept of the free movement of persons has changed in meaning so that while the first provisions on the subject referred merely to the free movement individuals considered as economic agents, either as employees or providers of services, it has gradually widened to take on a more general meaning connected with the idea of Union citizenship, independent of any economic activity or distinctions of nationality. This currently applies to nationals of third countries as abolition of control at internal borders allows people movements that could no longer be checked for nationality. The freedom of movement applies to goods, persons, services and capital, the so-called “four freedoms” but specifically under Article 14, free movement provision covers primarily those who are economically active or workers and the self-employed. The Schengen Convention, although not yet fully implemented by all member countries, provides: Right of residence in order to make the Community an area of genuine freedom and mobility for all Community citizens, the Council has adopted three Directives that guarantee rights of residence to various categories of persons other than workers. For retired persons, Directive 90/365 provides right of residence for employees and self-employed persons who have ceased their occupational activity. For all persons, Directive 90/364 provide the right of residence for individuals who do not enjoy a right of residence under Community law. For students, Directive 90/366 provide right of residence to vocational training. The directives require Member States to grant the right of residence to those persons and to certain family members, provided that they have adequate resources so as not to become a burden on the social assistance schemes of the Member States and are all covered by sickness insurance. Nevertheless, the rights set out in these measures are subject to derogations on grounds of public policy, security and health. Family members or spouses and children under 21, irrespective of their nationality, have the right to reside with a national of a Member State who is employed in the territory of another Member State as provided for by Regulation 1612/68, Directive 73/148/EEC, Directive 90/364/EEC, Directive 90/365/EEC, Directive 93/96/EEC. It is to be noted that the rights of the family members are derivative and not independent, even referred to as “parasitic” of the right of the EU citizen in the respective family; the citizen must have exercised his or her own right of free movement and where the family members are not EU citizens, they may be required to hold an entry visa by the Member State of their residence. Third-country nationals’ immigration are dealt with on an inter-governmental basis under the provisions on Justice and Home Affairs in the EUT as provided for previously by Articles K to K.9 but updated to Title IV ECT. This will be dealt with at Community level soon as third country nationals are currently subject to controls by each Member State. Their right of entry on crossing an internal Community frontier and residence in the territory of the Member States is currently governed by the different Member States domestic laws and a visa may be necessary (European Parliament, 2001). Conclusion The freedom of movement of EU nationals is a leap towards a seemingly barrier free exchange of workers on the point of view of member states although it must be noted that exceptions apply such as derogation due to health, safety and public policy. EU citizenship is gaining almost a universal ticket to the availability of natural citizens’ rights and privileges, privileges as the emphasis. There was a time when discrimination played a vital role even among neighbours within border areas of states, resulting to innumerable challenges escalating to conflicts. But the common objective of uplifting nation-states together with their citizens led to the unification, as well as merging of policies, governance and cultures of peoples within an organisation. This may still prove a challenge to some members, considering that there are new member states in the Union. Already, citizens of new member states are posed with professionalism and high-skills requirements in order to access visa or entry to another member state. Likewise, there are also original member states which themselves have not fully implemented or integrated in their governance and national policies legislations provided for by the European Council. National or local problems need to be addressed first prior to conceding to EC pressures. As such, it cannot be denied that although the free movement provision is very attractive to productive workers, it may not necessarily be so to host states or countries. Reference: European Parliament. (2001). “Freedom of movement for persons.” January 31. From www.europarl.europa.eu/factsheets. Read More