Article 8: Citizenship of the Union, citizen rights and
duties
(today amendment for article 8 of the Constitution as proposed by the
Convention)
English version
1. Definition
Every national of a Member State shall be a citizen of
the Union. Citizenship of the Union shall be additional to national citizenship;
it shall not replace it. All citizens of the Union, women and men, shall
be equal before the law.
Persons, legally residing on the territory of the
Union since a significant time and who have integrated into the local
community of their residence, can apply for citizenship of the Member
State to which the place of residence belongs.
2. Citizen rights and duties (1)
EU citizenship consists of the following additional rights and duties.
Citizens of the Union can enjoy the following additional rights:
- the right to move and reside freely within the territory of the Member
States;
- the right to vote and to stand as a candidate in
all elections in the Member State of residence under the same conditions
as nationals of that State; (2)
- the right to enjoy, in the territory of a third country
in which the Member State of which they are a national is not represented,
the protection of the diplomatic and consular authorities of any Member
State on the same conditions as the nationals of that State;
- the right to petition the European Parliament, to
apply to the Ombudsman, and to write to the institutions and advisory
bodies of the Union in any of the Union's languages and to obtain a
reply in the same language.
Exercising these citizen rights, and, due to the fact
that the Union is by definition a multi-cultural, multi-lingual and multi-national
community, the citizen's duties consists, in particular, of respecting
and personally applying the following universal principles:
- The one who travels or works on the territory of
the Union has to accept the legal and linguistic provisions that are
applied at the place concerned. (Principle of accepting the present
status of legal conditions)
- The one who moves his residence into another municipality
within the territory of the Union has to recognise and respect the legal
and linguistic provisions of the chosen place of residence. (Territorial
principle)
- The one who stands as a candidate for elections,
especially for local elections, has to show that he or she has integrated,
at least, into the linguistic framework of the place of his residence
or of the circumscription for which he or she is standing for. (Principles
of integration)
- The one who has been elected has to acknowledge and
to respect, in particular, in local and small communities, the public
traditions in culture, language(s) and religion, and, has to accept
the fact that the public heritage cannot be subject of revision by others,
except the case that the concerned cultural, linguistic or religious
group itself wants to change its traditions: (Principle of safeguarding
public heritage in culture, language or religion)
3. The citizen's language rights and duties in relation to the Institutions
of the Union (3)
In his personal relationship with an Institution or Authority
of the Union (with the administration or with an official representative)
as well as in his function as an official political mandatee at the level
of the Union, the citizen can use one of the official languages of the
Union, An eventual need for translation or interpretation lies in the
responsibility of the concerned institution of the Union.
In his professional relationship with an Institution
or Authority of the Union, the citizen has to accept the professional
requirements of the concerned institutional body of the Union, in particular,
as to the working language(s). Without prejudice to the institutional
autonomy of each Institution, each of them has to organise its internal
communication according to criteria like equality, rationality, efficiency
and good administration by trying to keep eventual language discrimination
of staff members of different mother tongues as small as possible, and
this, in particular, as long as an efficient non-discriminatory solution
in internal communication has not been found or decided.
In all those fields in which a staff member is exercising
his citizen rights (like applying or appealing), he or she can use one
of the official languages of the Union.
4. The additional rights and duties
The additional rights and duties of EU citizenship
shall be exercised according to the general and universal principle: "Treat
your neighbour in that way as you want to be treated by him in the same
situation!"(Kant)
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(1) As amendments of other groups,
this paragraph was enlarged to duties in form of following universal principles
(2) This amendment
is the logic consequence of the principle "non-discrimination on
grounds of nationality"; but article 42 of the Charter has to be
amended in the same sense.
(3) These language
rights and duties are specific civic rights and duties of the EU citizen;
they shall inform the citizen about the difference between external and
internal communication rights (fundamental communication rights and professional
communication rights); the formulation lets any future language solution
within the Institutions open. It was mentioned that this aspect might
be included in a special protocol instead in this article.
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