Rights and Rights and responsibilities of responsibilities of

peoplepeople

IIn the European n the European UnionUnion

Citizens' rights in EuropeCitizens' rights in Europe

Right of free movement and residence Right of free movement and residence within Member States of the Unionwithin Member States of the Union

Every citizen of the Union has the right Every citizen of the Union has the right to move and freely reside in the territory to move and freely reside in the territory of the Member States, but "the limits and of the Member States, but "the limits and conditions laid down in this Treaty and conditions laid down in this Treaty and measures adopted for its measures adopted for its implementation, ie this right is implementation, ie this right is guaranteed unconditionally.guaranteed unconditionally.

Active and passive suffrageActive and passive suffrage

Unlike the right of free movement and Unlike the right of free movement and residence within the EU, which is primarily residence within the EU, which is primarily economic dimension, the electoral law for economic dimension, the electoral law for European citizens have a political European citizens have a political dimension. It includes two options:dimension. It includes two options:

- European citizen can participate in local - European citizen can participate in local elections in the Member State (to elect elections in the Member State (to elect and be elected), which resides without one and be elected), which resides without one of its nationals, and that "under the same of its nationals, and that "under the same conditions as nationals of that State;conditions as nationals of that State;

Active and passive suffrageActive and passive suffrage

- European citizen can participate in - European citizen can participate in European elections (to elect and be European elections (to elect and be elected) in the Member State in elected) in the Member State in which they reside without being of its which they reside without being of its nationals, again under the same nationals, again under the same conditions under which participate in conditions under which participate in European elections and the citizens European elections and the citizens of specific Member Stateof specific Member State

Right to diplomatic and Right to diplomatic and consular protectionconsular protection

EU citizens enjoy diplomatic and EU citizens enjoy diplomatic and consular protection of the authorities consular protection of the authorities of a Member State of which they are of a Member State of which they are nationals, provided that their country nationals, provided that their country is not represented in a third country. is not represented in a third country. This rule again is exercised under the This rule again is exercised under the same conditions enjoyed by nationals same conditions enjoyed by nationals of the Member State whose diplomatic of the Member State whose diplomatic or consular protection is sought.or consular protection is sought.

Right of petition and of referral Right of petition and of referral to the Ombudsmanto the Ombudsman

Every citizen of the Union has the right to Every citizen of the Union has the right to petition the European Parliament (EP) and petition the European Parliament (EP) and refer to the Ombudsman, provides the refer to the Ombudsman, provides the revised EC Treaty.revised EC Treaty.

The right to petition the EP exist before the The right to petition the EP exist before the amendments of the EC Treaty, by which amendments of the EC Treaty, by which time it is arranged in the internal time it is arranged in the internal regulations of the European Parliament. The regulations of the European Parliament. The exercise of this right, however, is exercise of this right, however, is conditional upon the existence of "vested conditional upon the existence of "vested interest" to petition in the present interest" to petition in the present European citizen.European citizen.

Right of petition and of referral Right of petition and of referral to the Ombudsmanto the Ombudsman

The Ombudsman is appointed by Parliament The Ombudsman is appointed by Parliament authority competent to receive complaints authority competent to receive complaints from any citizen of the Union or any natural from any citizen of the Union or any natural or legal person with permanent residence or or legal person with permanent residence or seat in any Member State concerning seat in any Member State concerning instances of maladministration in the instances of maladministration in the activities of the institutions or bodies activities of the institutions or bodies Community, with the exception of the Court Community, with the exception of the Court of First Instance acting in their judicial of First Instance acting in their judicial functions.functions.

Right of petition and of referral Right of petition and of referral to the Ombudsmanto the Ombudsman

In accordance with its duties, the Ombudsman In accordance with its duties, the Ombudsman shall conduct inquiries for which he finds grounds, shall conduct inquiries for which he finds grounds, or on its own initiative or on the basis of or on its own initiative or on the basis of complaints submitted to him direct or through a complaints submitted to him direct or through a member of the European Parliament, except member of the European Parliament, except where the alleged facts are or were the subject of where the alleged facts are or were the subject of legal proceedings.legal proceedings.

Where the Ombudsman establishes an instance of Where the Ombudsman establishes an instance of maladministration, he shall refer the matter to the maladministration, he shall refer the matter to the institution, which has a period of three months to institution, which has a period of three months to submit its observations. The Ombudsman shall submit its observations. The Ombudsman shall then forward a report to Parliament and to the then forward a report to Parliament and to the institution, provides revision of Maastricht.institution, provides revision of Maastricht.

What is the Ombudsman?What is the Ombudsman? The Ombudsman is an The Ombudsman is an

advocate for the rights of advocate for the rights of people and the guardian of people and the guardian of public interest.public interest.He is a senior and He is a senior and independent constitutional independent constitutional body, elected by the body, elected by the National Assembly for five National Assembly for five years.The Ombudsman is years.The Ombudsman is independent in its independent in its activities and is subject activities and is subject only to the Constitution, only to the Constitution, laws and international laws and international treaties ratified and treaties ratified and entered into force for entered into force for Bulgaria.Bulgaria.

Bulgarian OmbudsmanBulgarian Ombudsman Konstantin Pentchev oath in Konstantin Pentchev oath in

parliament as Ombudsman of parliament as Ombudsman of Bulgaria.Bulgaria.

Last week the Supreme Last week the Supreme Judicial Council unanimously Judicial Council unanimously adopted his resignation as adopted his resignation as chairman of the Supreme chairman of the Supreme Administrative Court, after the Administrative Court, after the secret ballot on October 7, secret ballot on October 7, lawmakers elected him the lawmakers elected him the public defender with 137 public defender with 137 votes.votes.More InfoMore InfoSJC accepted the resignation SJC accepted the resignation of Konstantin Pentchevof Konstantin PentchevControl and blue chosen Control and blue chosen Ombudsman - Konstantin Ombudsman - Konstantin PentchevPentchev . .

Bulgarian OmbudsmanBulgarian Ombudsman "Whether it will protect all "Whether it will protect all

citizens equally? not there. citizens equally? not there. There are so called. There are so called. vulnerable citizens who will vulnerable citizens who will defend more vigorously, " he defend more vigorously, " he vowed then and said that vowed then and said that among them are the children among them are the children in orphanages.in orphanages.Penchev was proposed for the Penchev was proposed for the ombudsman of PG GERD and ombudsman of PG GERD and inherits the position Ginyo inherits the position Ginyo Ganev, whose term expired in Ganev, whose term expired in April this year.April this year.Konstantin Pentchev was born Konstantin Pentchev was born on 21.03.1952 in Sofia. He on 21.03.1952 in Sofia. He graduated from Sofia graduated from Sofia University St. Kliment Ohridski University St. Kliment Ohridski "- Faculty, in 1976, has "- Faculty, in 1976, has specialized in the competition specialized in the competition - France.- France.

Citizenship of the European Citizenship of the European UnionUnion

Citizenship of the European Union is the legal Citizenship of the European Union is the legal status of citizens of the countries - members of status of citizens of the countries - members of the European Union. European citizenship does the European Union. European citizenship does not remove national citizenship of individual not remove national citizenship of individual states, but complements it with a set of additional states, but complements it with a set of additional rights. European citizenship was established by rights. European citizenship was established by the Maastricht Treaty, signed in 1992 in the the Maastricht Treaty, signed in 1992 in the preamble of the Contract member states, said preamble of the Contract member states, said they were "determined to create a common they were "determined to create a common citizenship for nationals of their countries, whose citizenship for nationals of their countries, whose aim is" to strengthen the protection the rights aim is" to strengthen the protection the rights and interests of citizens of Member States. and interests of citizens of Member States.

Citizenship of the European Citizenship of the European UnionUnion

The introduction of citizenship of the Union The introduction of citizenship of the Union shows the willingness of member states to shows the willingness of member states to establish a direct political link between the establish a direct political link between the EU and the specific individual to contribute EU and the specific individual to contribute to more active participation in socio-to more active participation in socio-economic and political life in the Member economic and political life in the Member State in which it resides, without be its State in which it resides, without be its nationals. However, EU citizenship is one of nationals. However, EU citizenship is one of the peculiarities of the European Union, the the peculiarities of the European Union, the Union away from the classical concept of Union away from the classical concept of international organization.international organization.

Who is a European citizen?Who is a European citizen? The very rules of citizenship contained in Part II of The very rules of citizenship contained in Part II of

the Treaty on European Union - TFEU (formerly the Treaty on European Union - TFEU (formerly the European Community Treaty-TEC) and many the European Community Treaty-TEC) and many other documents.other documents.

"Article 20"Article 20 (Ex Article 17 TEC)(Ex Article 17 TEC)1. A citizenship of the Union. Any person 1. A citizenship of the Union. Any person holding the nationality of a Member State is holding the nationality of a Member State is a citizen of the Union. Citizenship of the a citizen of the Union. Citizenship of the Union shall be additional to and not replace Union shall be additional to and not replace national citizenship. Any person holding the national citizenship. Any person holding the nationality of a Member State is a citizen of nationality of a Member State is a citizen of the Union. "the Union. "

Who is a European citizen?Who is a European citizen?

As formulated definition of EU citizenship gives As formulated definition of EU citizenship gives reason to conclude that the acquisition of reason to conclude that the acquisition of citizenship is impossible without prior possession citizenship is impossible without prior possession or acquisition of national citizenship of a State - or acquisition of national citizenship of a State - State. Thus, according to private contracts and State. Thus, according to private contracts and indivisible status of citizen of the countries closely indivisible status of citizen of the countries closely - State of the EU, leads to a de facto situation in - State of the EU, leads to a de facto situation in which he became subject to the rights and which he became subject to the rights and obligations inherent in the EU, which are protected obligations inherent in the EU, which are protected not only within the Union but also beyond. not only within the Union but also beyond. Possession of national citizenship of a country - Possession of national citizenship of a country - State of the Union is absolutely required condition State of the Union is absolutely required condition for acquiring citizenship of the Union. for acquiring citizenship of the Union.

Who is a European citizen?Who is a European citizen?

The reverse situation is impossible - The reverse situation is impossible - Union citizenship can not be used to Union citizenship can not be used to acquire citizenship of another Member acquire citizenship of another Member State other than the Member State State other than the Member State whose nationality the person concerned. whose nationality the person concerned. However, the Treaty of Rome does not However, the Treaty of Rome does not detract law departments countries - detract law departments countries - members of the Union to set their own members of the Union to set their own conditions for acquisition and loss of conditions for acquisition and loss of national citizenship.national citizenship.

Content of the citizenshipContent of the citizenship

At this stage the rules of the status of EU citizen At this stage the rules of the status of EU citizen is not exhaustive, but represents a series of is not exhaustive, but represents a series of rights. In the concept of EU citizenship primarily rights. In the concept of EU citizenship primarily oboboshtavat individual rights without being able oboboshtavat individual rights without being able to clearly outline a single, common and to clearly outline a single, common and consistent kontseptsiya.Za now there is no clearly consistent kontseptsiya.Za now there is no clearly defined duties arising from citizenship: no binding defined duties arising from citizenship: no binding European military or civilian service, not even European military or civilian service, not even European tax.European tax.Passports of all Member States have the same Passports of all Member States have the same format - their color is burgundy and the cover are format - their color is burgundy and the cover are printed the names and the EU and the Member.printed the names and the EU and the Member.

Content of the citizenshipContent of the citizenship Fundamental rights and duties of citizens Fundamental rights and duties of citizens

are determined by the requirements of are determined by the requirements of national citizenship and European national citizenship and European institutions are committed to respect them, institutions are committed to respect them, respect and guarantee. Additional European respect and guarantee. Additional European citizenship is also the source of some citizenship is also the source of some additional rights that are unique and only additional rights that are unique and only citizens are similar. However, according to citizens are similar. However, according to the Charter of Fundamental Rights the Charter of Fundamental Rights "exercise of those rights imposes "exercise of those rights imposes responsibilities and obligations."responsibilities and obligations."Rights of European citizens.Rights of European citizens.

Content of the citizenshipContent of the citizenship Rights which are the contents of the Institute Rights which are the contents of the Institute

of European citizenship and provide the of European citizenship and provide the citizens of the countries - members of the citizens of the countries - members of the Union are listed in Part II - Non-discrimination Union are listed in Part II - Non-discrimination and citizenship of the Union, the Treaty on and citizenship of the Union, the Treaty on European Union European Union

"Article 20"Article 20(Ex Article 17 TEC)(Ex Article 17 TEC)2. Citizens of the Union shall enjoy the 2. Citizens of the Union shall enjoy the rights and obligations are laid down by rights and obligations are laid down by the Treaties. They have, inter alia:the Treaties. They have, inter alia:

Content of the citizenshipContent of the citizenship a) the right to move and reside freely within a) the right to move and reside freely within

the territory of the Member States;the territory of the Member States;

b) the right to vote and stand as candidates in b) the right to vote and stand as candidates in European elections and in municipal elections European elections and in municipal elections in the Member State in which they reside under in the Member State in which they reside under the same conditions as nationals of that State;the same conditions as nationals of that State;

c) the right to enjoy, in a third country in which c) the right to enjoy, in a third country in which the Member State in which they are nationals the Member State in which they are nationals is not represented, the protection of diplomatic is not represented, the protection of diplomatic and consular authorities of any Member State and consular authorities of any Member State under the same conditions as nationals of that under the same conditions as nationals of that State ;State ;

Content of theContent of the citizenshipcitizenship

d) the right to petition the European d) the right to petition the European Parliament, complain to the Ombudsman Parliament, complain to the Ombudsman and the right to address the institutions and the right to address the institutions and advisory bodies of the Union in any and advisory bodies of the Union in any of the Treaty languages and to receive a of the Treaty languages and to receive a reply in that language.reply in that language.

These rights are exercised within the These rights are exercised within the conditions and limits set by the Treaties conditions and limits set by the Treaties and of measures adopted thereunderand of measures adopted thereunder. .

citizenship

Right to free movement within Right to free movement within the Unionthe Union

Art. 21. of TFEU (ex art. 18 TEC) p.1 guarantees Art. 21. of TFEU (ex art. 18 TEC) p.1 guarantees the right of free movement of EU citizens and the right of free movement of EU citizens and residence in the territory of the Member - States of residence in the territory of the Member - States of the Union. This right is not unconditional, and shall the Union. This right is not unconditional, and shall be subject to the limitations and conditions laid be subject to the limitations and conditions laid down in EC law. These restrictions are contained in down in EC law. These restrictions are contained in both provisions ostanalaite parts of the Treaty and both provisions ostanalaite parts of the Treaty and the instruments for its implementation. In practice, the instruments for its implementation. In practice, this right can not benefit European citizens who this right can not benefit European citizens who have no means of self-tritoriyata of the host State. have no means of self-tritoriyata of the host State. With the limited right of free movement within the With the limited right of free movement within the union are also European citizens who can not be union are also European citizens who can not be admitted in the territory of other member admitted in the territory of other member countries for reasons concerning public security, countries for reasons concerning public security, public order and public health. public order and public health.

Right to free movement within Right to free movement within the Unionthe Union

Practically this right in completeness can Practically this right in completeness can only benefit those working in other only benefit those working in other member countries, tourists or material member countries, tourists or material insured who can live abroad without insured who can live abroad without having to work. Union citizens have a right having to work. Union citizens have a right of residence in another Member State for of residence in another Member State for up to three months without any conditions up to three months without any conditions or formalities other than the requirement or formalities other than the requirement to hold a valid identity card or passport. to hold a valid identity card or passport. For periods of residence longer than three For periods of residence longer than three months, the host Member State may months, the host Member State may require Union citizens to register with the require Union citizens to register with the relevant authorities.relevant authorities.

Active and passive suffrageActive and passive suffrage

Article 22 of TFEU (ex art. 19 TEC) provides Article 22 of TFEU (ex art. 19 TEC) provides that every Union citizen who lives in the that every Union citizen who lives in the territory of a Member State of which he is not territory of a Member State of which he is not a citizen has the right to elect and be elected a citizen has the right to elect and be elected in local elections in the Member State the in local elections in the Member State the territory of which reside under the same territory of which reside under the same conditions as nationals of that State. (Item 1) conditions as nationals of that State. (Item 1) or to elect and be elected to the European or to elect and be elected to the European Parliament elections in the Member State Parliament elections in the Member State where he resides under the same conditions where he resides under the same conditions as nationals of that State. (P.2).as nationals of that State. (P.2).

Active and passive suffrageActive and passive suffrage

Active and passive electoral rights of EU citizens in Active and passive electoral rights of EU citizens in these elections are not absolutely unconditionally. these elections are not absolutely unconditionally. They may also be limited where this is necessary They may also be limited where this is necessary because country-specific State issues. Moreover, because country-specific State issues. Moreover, the conditions for participation in the elections are the conditions for participation in the elections are determined by internal law of the darvazhava determined by internal law of the darvazhava State in whose territory they are conducted, but State in whose territory they are conducted, but under the conditions of Council Directive of 1995 under the conditions of Council Directive of 1995 which provides that individual countries alone which provides that individual countries alone determine the length of residence in its territory so determine the length of residence in its territory so that the specific EU citizen who is not its nationals that the specific EU citizen who is not its nationals to participate in those elections.to participate in those elections.Right to diplomatic protection outside the EU.Right to diplomatic protection outside the EU.

Active and passive suffrageActive and passive suffrage

Art. 23 TFEU (ex art. 20 TEC) postanoyava that EU Art. 23 TFEU (ex art. 20 TEC) postanoyava that EU citizens within the territory of a third country in citizens within the territory of a third country in which the Member State of the Union of which which the Member State of the Union of which they are citizens, no diplomatic or consular they are citizens, no diplomatic or consular representation, are entitled to diplomatic or representation, are entitled to diplomatic or consular authorities of zhashtita other hand - an consular authorities of zhashtita other hand - an EU member state which has diplomatic EU member state which has diplomatic representation in the third party. When the representation in the third party. When the national state of the EU citizen has representation national state of the EU citizen has representation in the third strna it art. 22 does not apply.in the third strna it art. 22 does not apply.Right to petition the European Parliament.Right to petition the European Parliament.