Contributing to policy making on enforcement
High level group
In 1995, ECAS Director was a member of the high level panel on free movement of persons chaired by Simone Veil. The panel produced a report with no less than 85 recommendations to remove barriers to free movement. Many have been implemented, for example through the "citizenshiop directive" (2004/38).
More recently, ECAS has worked closely with Alain Lamassure MEP whose report for the French Presidency "Le citoyen et l'application du droit communautaire" (download here  ) is an excellent overview. Recently the emphasis has shifted from legislative reform to enforcement. There is a better more streamlined legislative framework for transfer of residence, social security and qualifications rights. However, there is a gap between the legislation, the case law of the European Court of Justice and what happens on the ground where the exceptions rather than the spirit of EU law are often applied.
Citizens' panels
In this of all areas, the EU should shift from top-down to bottom-up policy making. And not just to bridge the gap with the citizen. Citizens experiencing mobility often have better ideas than experts and policy-makers. For example, a citizens panel brought together by ECAS in the context of the year of workers mobility in 2006 made proposals for a better structure of informaiton about European free movement rights and its translations into natinal practice. They also recommended a European social security entitlement card, a step beyond the health card to save time and money. This idea has been taken up by the European Parliament which has put funds in the budget to list out the feasibility of a "social card." Another panel meets in Brussels on 12-13 May 2009 in the context of the project "one-stop mobility shop" for vulnerable migrants.
Analysing enforcement
The European citizenship directive
From the Citizens Signpost Service and its work as an advice service, ECAS has built up an experienced team of legal experts with first hand knowledge of where the problems lie with enforcement. ECAS completed a study for the European Parliament on the application of directive 2004/38 - the so-called citizenship directive (read the Executive Summary here ). This 250 page survey concentrates on 10 member states. It comes to similar conclusions to the Commission's report (download here )and ends with a number of recommendations. It was presented to teh legal Affairs Committee and discussed at a meeting with Jacques Barrot, Vice President of the Commission in early 2009.
Hotline on how well nonjudicial and judicial remedies work
Both the Commission and the European Parliament have seen the application of this directive as a test case for enforcement of citizens' rights in general. A background paper on enforcement (download here ) in general, prepared for a forum of citizens advice services held from 24-25 February is the first stage in developing a report by a high level panel for the next European Parliament and Commission after the June 2009 elections. Through a hotline, individuals and associations will be asked to provide evidence from their experience as users of EU information and advise services, petitioners or plaintiffs.
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