Citizenship Directive Amendment

This report discusses the proposal for amending the Citizenship Directive 2004/39/EC to regulate the free movement of EU citizens at the border. It includes the position of Giancarlo Scotta, MEP representing the Lega Nord party and the Europe of Nations and Freedom group.

Artefact 1
Title: Citizenship Directive
Commission Portfolio: Education, Culture, Youth and Sport.
Commissioner: Tibor Navracsics
Background: European Commission portfolio is referred to the area of responsibility which
is assigned to a European Commissioner, and usually, this responsibility is connected to one
or several Directorates-General (DGs). The portfolio of Tibor Navracsics is responsible for
providing policies in the field of education and training, civil society, transplant, sports,
youth, interpretation, and relations between the offices of the official publication of the
European Communities (Europa, 2014).
Rationale:
(1) Article 45 of the EU Charter of Fundamental Rights recognises the right of citizens to
move and reside freely within the territory of the Member States (Lewik, n.d.).
(2) This freedom is granted in accordance with the provisions of the Treaty establishing
the European Community.
(3) The Union also focuses on addressing discrimination issues relating to sex, race,
religion, ethnic, gender or age.
(4) It is also recognised that all union citizens have the right to receive equal treatment
within the Member States (Directives 2004/38/EC).
An obligation is imposed on the Member States to ensure that they protect the human
rights of citizens and uphold them to ensure that all citizens must receive equal treatment in
the Member States. Article 52 of the Charter of Fundamental Rights provides that any
limitation which is imposed by the law in respect of prohibiting the rights and freedom
citizens which result in failing to comply with the EU legislation will be considered as void
(Europa, n.d.). The right of citizens in the European Economic Area (EEA) in order to move
freely is recognised pursuant to Citizenship Directives 2004/38/EC. The provisions regarding
rights of unmarried couples which are citizen of EEA to move freely in the EEA are also given
under the Citizenship Directives 2004/38/EC (Guild, Peers & Tomkin, 2014). The free
movement right of a person is referred as Directives 2004/38/EC of the fundamental
freedoms which are available for citizens in the internal market. Moreover, prohibitions are
imposed on discrimination while providing employment based on the Employment Equality
Framework Directive to prohibit discrimination at the place of employment.
Although these policies recognise the rights of all citizens freedom; however, the
Member States have failed to protect the rights of LGBT community in the EU, especially
when it comes to recognition of family rights of same-sex marriages. The LGBT rights are
protected under EU treaties and law; however, only 12 out of 28 EU states has legalised it.
These policies contradict with the Charter of Fundamental Rights of individuals since
discrimination is faced by members of the LGBT community because they did not enjoy the

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right of freedom to freely move and reside after their marriage (Europarl, 2016). The key
reason for this problem is that all Member States have not recognised the LGBT rights and
same-sex marriage rights which create contradictions with the fundamental rights of
citizens.
As the Commissioner, Tibor Navracsics has the responsibility to work with the
Member States in order to modernise the education system in Europe and enable people to
work and support economic growth. It is also his responsibility to create opportunities for
young people which will allow them to participate in civic and democratic life (Europa,
2014). Another key responsibility is promoting cultural diversity and helping people to
support and protect their cultural heritage. Most of the members of the LGBT community
are youth, and their rights are not recognised under the EU laws relating to marriage which
contradicts with the role of Tibor Navracsics as a commission. He should work with the
Member States to implement laws that recognise same-sex marriage in the EU. A good
example is the failure of the EU to mention mutual recognition of same-sex marriage across
the EU borders as a priority for its 2010-2014 Stockholm Programme (LGBT-EP, 2010). Due
to the lack of mutual recognition of the rights of the members of the LGBT community, it
becomes difficult for same-sex married couples to move freely across the Member States
without violation of their fundamental rights. Although the EU laws cannot impose the
same-sex marriage regulations on all Member States or enforce them to recognise the
same-sex marriages; however, obligations can be imposed to treat those couples similar to
opposite-sex couples based on their fundamental rights recognised in the Charter of
Fundamental Rights.
It is recommended that amendments should be made in the Citizenship Directives
2004/38/EC to provide a common definition of the same-sex married couples with an
objective to prohibit discrimination based on sexual orientation. Other Member States must
recognise the marriage of same-sex couples once it is registered in the Member States and
they should not treat them differently. This registration of same-sex marriage should be
valid in those Member States who have not recognised the right of same-sex marriage.
Same-Sex couples should not receive discrimination or prejudice based on their sexual
orientation (Ayoub, 2015). Based on the implementation of these policies, the
discrimination against the members of the LGBT community will end, and they will be able
to move freely across the territories of Member States without facing any discrimination.
Tibor Navracsics plays a key role in the introduction and implementation of these principles
by working together with the Member States to change the current policies. Defining the
key terms and rights of citizens will also assist in the implementation of these amendments
without imposing too much burden on the Member States to change their laws and enforce
policies. These new directives should be implemented by the end of 2019.

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Artefact 2
The New Europeans Lobbying Strategy
Deliberation for long-term issue manipulation and agenda setting
The New Europeans is a civil right movement, which advocates for the freedom of
movement, anti-discrimination of migrants and the guiding principle of a more united
Europe. The organization was set up based on the experience of mobile citizens who found
a home in another European union member state but regularly face unjust and different
treatment despite their EU citizens rights (Civil Right Defenders, 2019). The responsibilities
of the New Europeans are said to be Campaigning for the civil rights and empowerment of
mobile EU citizens, migrants and refugees, Publications aimed at empowering mobile EU
citizens, migrants and refugees, Advocacy through the institutions of the European Union,
including the European Economic and Social Committee, the European Commission, the
European Parliament, and national parliament's Scrutiny Committees, Partnerships with
organisations that share our core values and support our mission (Stanford Lawyer, 2016).
A report on the amendment of Article 5.1 states “without prejudice to the provisions on
travel documents applicable to national border controls, Member states shall grant union
citizens leave to enter their territory with a valid identity card (or passport) and shall grant
family who are not nationals of a member state leave to enter their territory with a valid
passport”.
In order to be able to support and preserve the right of freedom of movement
among EU member states in long term, collaboration with New Europeans and similar
organization is a necessity. European Movement International is a lobbying association
group with goal of promoting European integration. Working together, The New Europeans
will be able to highlight any issue according to the freedom of movement and to send our
experts for framing the issue at high level (EC). Our alliances with influencing formal vector
can have the chance of efficient achievement to overarching authority of EU (European
Parliament, 2015). The new Europeans would advocate for the Amendment of the Article
5.1 of the citizenship directive in which a lobbying strategy to implement the Movement of
all EU citizens with a means of an identity card is presented.
Clarification of Constitutional Framework
Article 5 Directive 2004/38/EC indicates a long running legal precedent on the Eu’s
regulation of freedom of movement and the right of citizens of the union and their family
members to move and freely reside within the territory of member states (European Union
Movement, 2015). The European Commission creates legislation, which is subject to
rejection, amendment or approval by the Council of Ministers and the European Parliament,
the latter depending on the policy area. Some amendments to the ‘right of citizens and
freedom of movement’ legislative proposal was made by the European Parliament
(European Commission.)
Institutions Involved
The European commission is the main institution in regards this lobbying strategy, as
the New Europeans can bring their influence on it and demand a review of the law. Other

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institutions been lobbied through advocacy by the New Europeans include the European
Economic and Social Committee, the European Parliament, and National Parliament's
Scrutiny Committees (European Commission, 2018).
Proposed Networks and Alliances
The New Europeans today has various branches among various EU member states
with the vision of having a branch in every EU member state. The New Europeans is a strong
platform to partner with various organizations that share their values and have a similar
mission in the free movement of Eu citizens and refugees. Also, the New Europeans
networks with the New Europeans Newspaper Agency to publicly empower Eu citizens,
migrants and refugees (Angelos, 2016). It would also be advisable to corporate with the
various branches in Europe to gain public support. There are various branches which have
been set up in 4 regions which includes Britain Ireland (England, Ireland and Scotland), The
Atlantic (Brussels, Belgium), Central Europe (Strasbourg, France), Mediterranean region
(Italy, Spain, Portugal, Greece, Slovenia, Croatia and the islands of Cyprus and Malta. The
New Europeans should also network with NGOs that share their core value such as the
European Movement etc….
Consideration of Public Opinion and Support
As important as the New Europeans influence in decision making in the EU is said to
be, The New Europeans would lean on Public opinion and support as it is seen to be as very
vital to support the free movement strategy in Europe. The NE looks forward to the future
generation (Youths) in different member states of the EU in supporting their campaign
(Durach, 2016). The various branches could attract people in different member states in
supporting the movement Mass Media coverage is also vital as the New Europeans publish
articles on The New European Media platforms (Newspapers and online publications). The
use of social media is also used. As the New Europeans have a large crowd on social media
platforms such as twitter (50700 followers) to gain public opinion and support .
Strategies
For our goals to be achieved, The Defensive Strategy is the most suitable plan of
action to be adopted for the amendment of artilce5.1. We believe that as European Citizens,
one must have the right of free movement with the lowest control by host member State.
We support that it is not necessary, as European Citizens, to have a passport as the main
form of Identification. This must be irrelevant whether you are a permanent resident or not
(you must be able to reside only with your National ID).
Methods
The New Europeans would primarily make use of direct methods. In this cause a
petition would be given to the public through the various branches in Europe to support the
amendment of Article 5.1. A number would be aimed for, if the petition reaches the goal
then it means the New Europeans are on the right track.

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Artefact 3
A Report on the Proposal for a Directive of the European Parliament amending
Citizenship Directive 2004/39/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
Giancarlo SCOTTÀ, ENFG, MEP representing the Lega Nord party and the Europe of
Nations and freedom group.
The Proposal
The European commission proposes a better regulation for the free movement of EU
citizens at the border of a member state. The proposal requires an amendment on the
identity card been the only document to be used when travelling by EU citizens, with a valid
passport been an alternative.
The Position of Giancarlo Scotta, MEP
Giancarlo Scotta is a politician from Italy, Veneto. He is a member of the Italian right
wing regionalist Euroscepticism party Lega Nord (LN), he was also the mayor of Vittorio
Veneto for 10 years (1999-2019) who later was elected to the European parliament.
Giancarlo is representing Lega Nord in the European Parliament as a member of Europe of
Nations and Freedom Group (ENF). LN is consistently Eurosceptic and is seen to be the third
largest party backing the five star movement and the Democratic Party. Giancarlo is also a
member of the committee on Civil liberties, Justice and Home Affairs (“European Parliament
MEPs”, n.d). He is also a member of Delegation for relations with Iraq, Delegation for
relations with Canada Delegation to the ACP-EU Joint Parliamentary Assembly (The
European Parliament, 2019).
Giancarlo is seen to be a loyalist to his party and also goes with the ideology of the
Europe of Nations and freedom. The ideology of the Lega Nord party is said to be a
combination of political federalism, fiscal federalism, and regionalism in general, it is seen to
be a multi-ideological party. He voted against the proposal on financial support for border
management and visa and also voted against asylum and migration fund on the 13th of
March 2019 (MEPs European Parliament, 2018). He rejects the amendment of Article 5.1
and feels the boarders of host member states can decide whichever document should be
used and there shouldn’t be one identification. As a member of the delegations for relations
with Canada and the ACP, if the citizens of such countries are given strict rules at the border,
the boarder control agency should have the right to ask for a passport or an identity card of
an EU Citizen.
The Position of the Europe of Nations and Freedom Group.
The Europe of nations and freedom group believe in freedom and cooperation
among nation states. The group discards the bureaucratisation of Europe. The ENF also
believes in respect for Europe’s history, traditions and mainly cultural values, as it main
point is the people and states of the European Union have the right to protect their borders

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and strengthen their own historical, traditional, cultural values (Massin, 2015). The ENF
shuns anti-Semitism, xenophobia, etc… The ENF is also convinced in the aspect of
democracy lying in Sovereign states, their regions and parliaments as they see no such thing
as a single European people. The Europe of nations and freedom rejects further European
integration (policies and laws). In looking at the postiton of the Europe of nations and
freedom Group, it is focused on Democracy of sovereign states and see national laws of
states overruling and law in the EU (Movement for a Europe of Nations and Freedom, 2019).
Giancarlo whose decision is also based on the group would reject the proposed amendment
of article 5.1 of the Directive.
The Position of the Lega-Nord Party
Giancrlos National party, Lega nord is a regionalist right wing political party in Italy.
The Lega Nord party pioneers for the transfiguration of Italy to a greater regional autonomy
and federal state and can also be said to be Eurosceptic (Brunazzo & Roux, 2019). It is the
third largest party backing the five star movement and the democratic party. The Lega Nord
is known t constantly lambaste the European Union. Records show that the party in
conjunction with the communist refoundation party voted against the treaty establishing a
constitution for Europe but also voted in favour of the Lisbon treaty and was against the
European superstate but favours the Europe of the regions. The LN Strongly takes a rigid
position on illegal immigration and crime. The party is marked as anti-immigrant. The Lega
Nord was a founding member of the Europe of Nations and freedom. Giancarlo Scotta is
loyal to both his national party and ENF group which concludes they both have a
corresponding political relationship (American Economic Association, 2016). As of the
amendment of the article 5.1, the lega nord would also strongly reject the amendment and
want any documentation to be used at boarders depending on the laws of the Host Member
states as they do not buy the idea of 1 EU document for all member countries because their
ideology is not based on EU integration.

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Artefact 4
Artefact 4
Negotiation Strategy - Alexis Tsipras, prime minister of Greece
A report formulated by the Greek Prime Minister Alexia Tsipras on the action and regulation
of the
Amendments to 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.
Greece Political system
Greece is seen to be a unitary parliamentary republic, in which the capital is Athens.
The president according to the constitution is said to be the head of state, while the prime
minister is said to be the face of the politics of Greece, the real power is held by the prime
minister who is also a member of the European council. The prime minister can also be seen
to be the head of government with the major political power. Greece became a member of
the European union on the 1st of January 1981. In the European parliament there are 21
members from Greece (Hellenic Republic, 2019).
Alexis Tsipras
Alexis Tsipras is a socialist, the current prime minister of Greece. He is also the first
candidate proposed for the position of President of the Commission of the European Union
by the European United Left–Nordic Green Lef. He voiced out a meaningful transformation
for what lies ahead for all Europeans (Baboulias, 2019). Tsipras was sworn in as the
youngest person to be the prime minister in the history of Greece. He is also an atheist who
broke the doctrine of swearing in religiously but preferred to be sworn in by the president
himself not the archbishop. He has also led negotiations concerning the Greek government
financial crisis, formulated the Greek bailout referendum and also acted fast to the
European migration crisis. According to time magazine he was voted as one of the 100 most
influential people in the world in 2015 (Time, 2015).
Greece’s Position in the Eu on the Citizenship Directive and Potential Allies
Greece doesn’t really have much input in the European Council on the issue of
sufficient resources, Marriage of Convenience or Third Country nationaals but is suffering
from serious migration crisis and debt crisis (European Union, 2019). The EU Commission
allocated 305million Euros to countries facing migration crisis and Greece was allocated
289million Euros on the basis of the rental accommodation and allowances, search and
rescue, winterisation,reception conditoons. So far the commission has made vailable more
then 2billion Euros for the migration crisis which has affected Greece (The Sofia Globe,
2018).
Even with the recent allocation, it was discovered the migration crisis keeps
worsening and Greece also has its national issue which is also the debt crisis and therefore,
Alexis Tsipras has proposed to form an alliance with Italy, Spain, Austria, Cyprus and Croatia
to vote for the increment of funds for the migration crisis. He believes there should be more
money for this States (Every CSR Report, 2017).

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On the issue of sufficient resources, Alexis Tsipras clearly believes sufficient resources
should be defined by the states as it should vary depending on the income of citizen in
different states. There cant be a clear definition of sufficient resource.
Artefact 5
This was a very interesting class for me as it was the first time I heard anything about
anything called negotiation and lobbying and understanding how to simulate. Simulation
can be seen to be a process or situation that is been imitated or followed. There were 12
classes in total in which 4 were for simulations. Simulations were very important in the few
months of the lesson as it paved a way to be courageous, bold and learn how the Eu
operates also. I learnt how the European Union works, the structure of the EU, the hierarchy
etc…. All the knowledge gotten, and the information gathered was been put to test through
a simulation with the Eu commission, Lobbying groups, the EU Parliament and the EU
Council. At the beginning of the course, I was so confused at first and i had no idea what I
was doing but with time I got to understand the whole course. The course has made me
gain a new skill in negotiating and lobbying as it will pave the way for me to fulfil my dream
In becoming the Senate president of Nigeria and knowing how to handle situations in the
National Assembly.
The European Commission negotiation process
The commission is one of the institutions of the EU, in charge of overseeing the
affairs of the EU, recommending legislations and enforcing it or putting it into effect. It is
made up of single commissioners picked by their national states and make decisions
independently but sometimes can make decisions based on national interests (Ministry of
Foreign Affairs of the People’s Republic of China, 2014). In my simulation event I was Tibor
Navracsics the commissioner for youths, sports, culture and Education and learnt that
commissioners are mainly politicians. The citizenship directive was been looked at by
various commissioners and actions were taken, various articles were been looked at and
decisions were been taken and various lobbying groups influenced their decisions for the
European parliament to look at it. Whatever is been proposed by the commission doesn’t
make it the final say as it could be rejected, approved or sent back for redrafting by the
European Parliament or the European Council .

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Role of interest Groups
Interest groups are groups who come together to achieve a goal. In the Case of the
European union, interest groups are very important as they pressure, impact or sway
legislative proposals by the Commission and are significantly a key player in making
decisions. I got to understand that it was the Lisbon treaty that introduced the idea of a
lobbying strategy at the EU stage different from national stages. At the Eu stage lobbying by
interest groups is part of the legislative procedure as interest groups influence decision
making procedures (Klüver, 2013). I represented the New Europeans and was a very
important interest group in the EU, as its main goals is rights and movement of European
citizens which goes in line with the citizenship directive. The new Europeans was important
in the simulation event as it focused on Article 2.1 on the use of a general Identity cad to be
used by all Eu citizens to foster easier movement across host member states. Also, some
groups have more influence than the others even with the various methods been used to
lobby.
Role of the European Parliament
The European parliament is one of the major institutions in the European union. It
really is complex when ratifying or amending legislative proposals. I have understood that
the European Parliament members are chosen by voters in EU member states to act and
speak behalf of the people’s interest in regard to the establishment of the Eu laws. It also
has similar responsibilities with the European council and oversees the work of the
commission and other bodies of the Eu. The people who work in committees and represent
other institutions in the parliament are called “Member of the European Parliament (MEP),
the MEPs are elected every five years once and there are currently 751 MEPs in the EP
(MEPs European Parliament, 2019). The Meps are elected by their national states in which
they advocate the states interest, but they also represent political groups. In what I could
understand during the simulation I realized a MEP can make decisions based on their
ideology or in line with the political group or national party.
In my case I was Giancarlo Scorta who represented the Italian national party “The
Lega- Nord” and the EP political group “Europe of Nations and freedom group”, the vision
was both similar, he was loyal to both as they both rejected further European integration.
During the simulation event, every MEP had different views and it was a bit tough to make
decision on time. Even with that, I formed an alliance with The Five-star movement as we
had a similar ideology.
Member States Role in the EU’s Decision-Making Process
The Eu council is the supreme institution of the European union. It is made up of the
Heads of state or Heads of government, Prime ministers, representatives of states foreign
affairs of the Eu member states. The European Council is led by the president who is elected
every 2 ½ years. The president is elected by the members in the European council (News
European Parliament, 2019). The EC customarily meets on a quarterly basis every year, in
times of an emergency the president has the right to summon a meeting. The Eu has 28
member states and some states are bigger and more influential than some states, this may
be due to the size of the economy or population etc… For some plain reasons every Head of

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government have different reasons, this may be based on national interest. In adopting a
legislative proposal, it is mainly by a consensus.

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