| Consultation: | European Congress |
|---|---|
| Proposer: | The European Government (decided on: 2024-07-01) |
| Status: | Modified |
| History: | Version 2 |
C1: Government's proposal for Organic Regulation 2024/XX defining European citizenship, also called "The European Citizenship Charta"
Detailed title
The European Government’s proposal for
ORGANIC REGULATION 2024/XX/EF OF THE HOUSE OF EUROPEAN CITIZEN AND OF THE SENATE
of xxx July 2024
Defining European Citizenship
Also called
“THE EUROPEAN CITIZENSHIP CHARTER”
Recitals
THE HOUSE OF EUROPEAN CITIZENS AND THE EUROPEAN SENATE,
Remembering the continuum of the European integration project, created on the
premise of peace and cooperation in all of Europe, by building a common European
identity and institutional frame to stop all future wars on the European soil,
Having regard to European Convention on Human Rights, and in particular its
articles 1 to 18, the First Protocol to the Convention for the Protection of
Human Rights and Fundamental Freedoms, as well as Protocols 4, 7 and 12 of said
Convention,
Having regard to the Charter of Fundamental Rights of the former European Union;
now European Federation,
Having regard to the European Youth Convention, and in particular Articles 8
through 11 thereof,
Having regard to the innovation brought by the former European Union, especially
in Article 2 of the Treaty on the European Union and 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,
Having regard to the proposal from the European Government,
Acting in accordance with the procedure laid down in Article 20 of the
Convention and Rules 6 and 9.1.1.2. of the Rules of procedure,
Whereas:
The Government takes into account the creation of a united European
Federation, considering all citizens as equal, and built on the principles
of democracy, Rule of Law, solidarity and fraternity between Europeans. It
reaffirms the previous work done by the European Union and States through
the Maastricht treaty which created the former European Union and cemented
the first step towards full integration in Europe, as well as the rights
entailed in both article 18 (former 12) of the Treaty on the Functioning
of the European Union, chapter V of the Charter of Fundamental Rights, and
Directive 2004/38 of Citizen’s Rights. The European Federation acts as a
descendant body of the former European Union, adopting all the previous
legal acts and treaties from the Union into the Federation, unless
contradicted by future legislation.
The aim of this Charter is to build a solid and integral European
Citizenship concept, further developing all the previous work made by the
EU Institutions. Furthermore, all previous citizenships will be considered
to have merged into a unique European Citizenship, becoming an integral
part of it. While States will preserve partial managing competence,
citizenship will be solely regarded as “European”, and be considered as
one unified legal concept. Thus, Member-States will manage the new
citizenship along with the Federal entities.
This measure is in line with all the previous work made by the European
Union into solidifying its citizens equal rights and duties inside a legal
concept which enables the European Union, now Federation, to develop and
protect them. This work can be seen in the Treaty of the European Union
(also known as Maastricht Treaty), the attempt of the Constitutional
Convention to pass a European Constitution, the Treaty on Functioning of
the European Union and the Treaty of Lisbon, all of which contributed into
the creation of the Union citizenship, which serves as the base of the new
European Citizenship.
Motion text
HAVE ADOPTED THE FOLLOWING CHARTA:
CHAPTER 1: GENERAL PROVISIONS
Article 1: Object
The present Charta creates a real and unified European Citizenship, which
shall function, be granted and revoked, and entitle its holders to rights
and duties as this text, the European Youth Convention, and any other
disposition establish.
Furthermore, any physical person entitled to European Citizenship shall be
universally regarded as a European citizen.
Article 2: European Citizen
A European Citizen- Refers to any individual who is in possession of European
citizenship according to the present Charta.
Article 3: Citizenship, Identity Documents, other official
documents and EU passport
Any holder of a EU-member national citizenship has the inalienable right
and is entitled to a European citizenship, which will include the rights
entailed in European federal law, as well as the additional rights in
their national law, if the State chooses to.
All former citizens of a European Union Member-State or Member-State shall
have the same legal status as having had a European citizenship from
birth.
European States keep the duty of issuing documents, such as identification
cards (ID), driver's licence, and other internal documents which are only
valid within the European Union. These documents shall reflect the State
of origin and its belonging to the European Federation.
Documents with international validity, such as passports and residence
permits, are exclusively of federal competence and issued and facilitated
by the European States.
The federal Government shall be the only institution with the ability to
establish bilateral agreements with other countries.
CHAPTER 2: RIGHTS AND DUTIES ATTACHED TO
EUROPEAN CITIZENSHIP
Article 4: Rights
All European citizens will be granted a series of fundamental and public rights,
recorded in the European Youth Convention, the European Convention on Human
Rights, the present Charta and any other Laws approved or international
agreements ratified by the European Government or Chambers.
All European citizens have the right to speak their own language or any
language recognized in the European Union, in accordance with article 2 of
the European Youth Convention.Europeans have the right to participate in any public activity, for
example, elections or administrative procedures, and receive
information in their official language, national or regional.If it is not possible for an European to use their own language due
to physical barriers, such as limited resources in local
administration, Europeans have the right to use English.
Europeans have the right to participate in the political activities of the
Federation, the State, the region, and the county or municipality, either
by voting or being elected in the political elections at any level.All Europeans shall be allowed to vote in elections of all levels in
their place of residency, whether or not they are originally from
the State, region or county / municipality.Public institutions must ensure that every European citizen is able
to participate freely in the democratic process, as a pivotal
principle of the Union.Foreigners living in the European Union may vote in local elections
in accordance with the Foreigners and Migrants Law (proposal for a
future draft).
Europeans can always call on European jurisdiction if their rights granted
by the European Youth Convention and federal laws are jeopardised.
Article 5: Duties
Every European Citizen has the duty to defend European values which are:
The values which have led to the formulation of the European Youth
Convention and are embedded in the same, and;
The product of the values and culture of all European-States of the
European Federation.
Every European Citizen thus has the duty of acknowledging the deep and
rich difference in the values and culture of its Member-States and to
defend their equal importance.
CHAPTER 3: SOURCES OF EUROPEAN CITIZENSHIP
Article 6: Granting of citizenship
The European citizenship is granted through:
The unification of the European citizenship and the citizenship of its
Member-States (Art. 6a)
Birth (Art. 6b)
Claim (Art. 6c)
Request (Art. 6d)
II. European citizenship shall also be granted to a person living in one Member-
State of the European Federation for at least four years and who is showing
honest dedication to support, emphasise and protect the Federation and if they
have not yet requested to be granted with European citizenship.
Article 6a
Any person who is a citizen of at least one of the Member-States of the
Federation shall be granted with the European Citizenship through the legal
implementation of this Charta as if they were holding the European citizenship
from birth.
Article 6b
European Citizenship is granted to a child through birth, if one of its
parents is already in possession of the European citizenship.
A child whose parents are not in possession of European citizenship is
granted European citizenship through birth, if it is born in one of the
States of the European Federation and at least one parent is living in one
of the States of the European Federation for at least four years after
birth or, if it would be stateless otherwise.
A person may claim European citizenship if it is at least 16 years old and
if:They are the child of a European parent which has not gained the
European citizenship through birth, or;They were born in the European Federation to a parent who has not
lived at least four years in one of its Member-States by the time of
its birth and if they have lived in the European Union ever since
they were born.
The successful claim of European Citizenship shall be documented with an
official certificate.
Article 6d
A person may request European citizenship if it has neither gained it
through birth, nor has any claim to it, if they are at least 16 years old
and can speak the language of one of the Member-States or English and if :
They are working in a Member-State in a secure job with the ability to
supply themselves and their family since at least four years;
They are being hunted or repressed in another country for emphasising on
the values of the Federation.
II. The request is not to be granted if the person has committed a crime in a
Member-States with a minimum sentence of one year in prison or if sincere and
legitimate security concerns are being expressed by the state the person was
living prior to the request.
Article 7: Deprivation of citizenship
Any adult European citizen with full legal capacity is entitled to reject
European Citizenship at any time, as long as they do it freely and
voluntarily.
Proof of treason will be grounds for the withdrawal of citizenship of any
person, including:Enlisting in a foreign military;
Working for foreign secret services;
Revealing classified information.
Citizenship will be withdrawn if the beneficiary was proven to give out
incorrect or false information in the claiming or request process of the
European Citizenship
Article 8: Dual citizenship
Regarding European citizens holding an additional citizenship of another
country:
If a European citizen by birth obtains their citizenship in any other
country, the European Federation will keep recognizing the European
citizenship of the subject, presuming they still continue having interest
in preserving the citizenship, unless proven otherwise.
If a foreigner living in the European Union obtains the European
citizenship, the former will no longer be recognized by the European
Union, unless an international mutual agreement has been reached with the
other country, with reciprocal effects on recognition of a dual
citizenship.
CHAPTER 4: IMPLEMENTATION
Article 9: Transition period
The Transition Period in which Member-States have to exchange national
passports with passports representing European Citizenship will be two
years.
This also applies to new Member-States joining the European Union in the
transition period from the beginning of their official accession.
Children of parents of which at least one is in possession of the
citizenship of a Member-State of the Federation, and who were born in the
time of the transition period, shall be granted European Citizenship
according to Article 6b I. first half sentence.
Article 10: Entry into force and application
The Present Regulation shall enter into force immediately following its
publication in the Official Journal of the European Federation.
It shall apply immediately after its publication.
The present Regulation shall be binding in its entirety and directly applicable
to the European Government and in all Member States.
For the House of European Citizens
The President
For the European Senate
The President
Reason
The Government's goal is to follow suit with the integration of its peoples. By granting a common citizenship to all its citizens, it is easier to achieve equality in rights and duties between all, as well as to make all Europeans direct subjects of Federal law.
Other objectives met with this new Charter include:
Creation of a common European identity across all the European Federation,
Promotion of the european values of democracy, equality, rule of law and solidarity,
Create a common foreign policy, specially regarding the issuing of passports and travel / visa policy with other countries,
Creating a citizenship granting system.
Amendments
- C1 A2 (Committee - Citizenship, Published)
- C1 A3 (Committee - Citizenship, Published)
- C1 A7 (Committee - Citizenship, Published)
- C1 A8 (Committee - Citizenship, Published)
- C1 A9 (Committee - Citizenship, Published)
- C1 A10 (Committee - Citizenship, Published)
- C1 A11 (Committee - Citizenship, Published)
- C1 A12 (Committee - Citizenship, Published)
- C1 A13 (Committee - Citizenship, Published)
- C1 A14 (Committee - Citizenship, Published)
- C1 A15 (Committee - Citizenship, Published)
- C1 A16 (Committee - Citizenship, Published)
- C1 A17 (Committee - Citizenship, Published)
- C1 A18 (Committee - Citizenship, Published)