Citizenship of the Union
Conformity studies of Member States’ national implementation measures transposing Community instruments in the area of citizenship of the Union
Client: DG Justice, 2007-2008
Milieu carried out conformity studies for DG Justice analysing how the 27 Member States had transposed and were implementing several key Directives on citizenship, including:
- Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States;
- Act concerning the election of the members of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom;
- Directive 94/80/EC laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals;
- Directive 93/109/EC laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals.
The studies covered not only the incorporation of the Directives into the national legal system, but also broader implementation aspects. This required analysing whether the Member States had adopted the necessary measures to ensure the effective application and enforceability of the EU acts, which entailed e.g. a review of the sanctions (expulsion orders), the application and interpretation of national legislation by national courts in line with the definitions provided by the Directive, administrative practice in the Member States and procedural rules. These studies served as background information for DG Justice in carrying out its obligations in accordance with the EC Treaty.