Subject: Discrimination against EU citizens based on their origin
During the COVID-19 crisis, one of the main actions of EU foreign policy has been the repatriation of European citizens stranded all around the world. The EU budget was boosted by an additional EUR 45 million in order to help with such efforts.
However, not all Member States act equally diligently. A case has come to our knowledge where the Spanish authorities have violated EU citizens’ right to return by prioritising EU citizens of Spanish nationality and European origin 1 . In particular, the Consulate General in Nador stated in an email (see attachment) on 6 April 2020 that ‘Spanish citizens of Moroccan origin are Spanish citizens everywhere but in Morocco. In your country of origin, you are Moroccan, as you well know, since a Moroccan can never lose their nationality and a Muslim cannot renounce their faith’.
The Spanish Foreign Authorities have thus been discriminating against EU citizens on grounds of their origin, thereby violating Article 21 of the Charter of Fundamental Rights and their right to return.
1. Is the Commission aware of this discrimination against EU citizens of non-EU origin?
2. What actions will it take to ensure that their fundamental rights are respected?
1 https://leseco.ma/marocains-despagne-le-parlement-etudie-le-cas-des-naturalises/
Answer given by Ms Dalli on behalf of the European Commission
(4 August 2020)
The Commission has made clear from the outset that the response to the crisis caused by the outbreak of the coronavirus must fully respect the fundamental principles and values as set out in the Treaties.
Emergency measures must be limited to what is necessary, strictly proportionate, clearly restricted in time, and in line with constitutionally enshrined safeguards, as well as European and international standards. Moreover, governments must make sure that such measures are subject to regular scrutiny.
With regard to the alleged violation of Article 21 of the Charter of Fundamental Rights of the EU, the Commission has no general powers to intervene with the Member States in the area of fundamental rights. According to its Article 51(1), the Charter applies to Member States only when they are implementing EC law.
The situation described by the Honourable Members does not seem to fall within the scope of application of EC law, as the consular protection of their own nationals falls within the competence of the Member States.
The Commission will continue monitoring the measures adopted by Member States due to the COVID-19 crisis, including in Spain, and their impact, in particular, on the rule of law, on fundamental rights and EC law.
⋅1∙ https://leseco.ma/marocains-despagne-le-parlement-etudie-le-cas-des-naturalises/ | | ( | | )
