Maastricht: new provisions
01 January 1991
Maastricht: new provisions
bacdoc September=1992
[This file contains a description of the changes resulting from
the Maastricht Treaty covering: citizenship; the European
Parliament; the Council; the European Commission; the Court of
Justice; Court of Auditors; common foreign and security policy;
justice and home affairs including asylum and police co-
operation]
Source: "A Guide to the Treaty on European Union", European
Commission, 24 February 1992
PART TWO: CITIZENSHIP OF THE UNION (Articles 8 to 8e)
Union citizenship is established. All nationals of Member States
are Union citizens (Article 8). The Declaration on nationality
declares that nationality is regulated by the national law of the
Member State concerned.
According to articles 8a to 8e, every Union citizen has the
right:
- to move and reside freely within the territory of the
Member States, subject to the limitations and conditions
laid down by the Treaty and by the measures adopted to give
it effect; the Council may adopt provisions to facilitate
the exercise of these rights; if it does so, and save as
otherwise provided in the Treaty, it must act unanimously
on a proposal from the Commission after obtaining the
assent of Parliament (Article 8a);
- to vote and stand as a candidate at municipal and European
elections in the Member State in which he resides, even if
he is not one of its nationals, under the same conditions
as nationals of that State (detailed arrangements to be
adopted before 31 December 1994 for municipal elections and
31 December 1993 for European elections, by the Council
acting unanimously on a proposal from the Commission after
consulting Parliament) (Article 8b);
- to protection by the diplomatic or consular authorities of
any Member State, on the same conditions as nationals of
that State, in the territory of a non-member country in
which his own Member State is not represented (Member
States to make the necessary rules and commence the
requisite international negotiations before 31 December
1993) (Article 8c); and
- to petition Parliament and apply to the Ombudsman (Article
8d).
The Commission is to report every three years to the Council,
Parliament and the Economic and Social Committee on the
application of the articles governing citizenship; the first
report is to be made before 31 December 1993 (Article 8e).
The Council, acting unanimously on a proposal from the Commission
after consulting Parliament, may then adopt provisions to
strengthen or to add to these rights and recommend them to the
Member States for adoption in accordance with their respective
constitutional requirements (Article 8e).
PART FIVE: INSTITUTIONS OF THE COMMUNITY (Articles 137 to 209a)
1. THE EUROPEAN PARLIAMENT (Articles 137 to 144; Declaration
on the role of national Parliaments in the European Union;
Declaration on the Conference of the Parliaments;
Declaration on the number of members of the Commission and
of the European Parliament)
The main changes concerning Parliament are as follows:
- Parliament now has the same right as the Council (Article
152) to request the Commission to make proposals (Article
138b, second paragraph);
- the uniform electoral procedure requires Parliament's
assent (Article 138(3));
- Parliament's right to set up temporary Committees of
Inquiry is confirmed (Article 138c), as is the right of
petition (Article 138d);
- Parliament is to appoint an Ombudsman (with a term of
office corresponding to the life of each Parliament) who is
empowered to receive complaints against Community
institutions or bodies with the exception of those
exercising a judicial role; the Ombudsman conducts the
necessary inquiries and, in instances of mala