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Spain: Information on the rights of a Spanish national to residence, employment and nationality in other European Community (EC) countries

For information on the rights of nationals of members of the European Community to reside and work in other member countries, please see the attached Community Charter of the Fundamental Social Rights of Workers, adopted by the Member States of the European Community (EC) in December 1989, and excerpts from A Citizen's Europe and 1992 - The Social Dimension.

According to a document entitled Freedom of Movement, completed for the Commission of the European Communities in January 1991, the right of nationals of members of the EC to work and reside in the EC country of their choice was to be extended to Spanish employees between the date of the document and 1993 (1991, 3).

Another document from the Commission indicates that, under Articles 55 and 56 of the Act of Accession [to the EC], in relation to freedom of movement of workers between Spain and other Member States, Spain was subject only to the transitional provisions of the Act until 31 December 1992 (16 Apr. 1991, 2, 13). Under Article 56, freedom of movement of workers between Spain and other Member States would apply only as of 1 January 1993 (Ibid., 2.). However, this document includes a proposal for a Council Regulation which would end the application of the transitional provisions to Spain as of 31 December 1991 (Ibid., 14). A subsequent document dated 25 June 1991 indicates that the Council of Social Ministers adopted "a Regulation on the transitional period for the freedom of movement of workers between Spain and Portugal and the other Member States," fixing the end of the transitional period at 31 December 1991 (Commission of European Communities 25 June 1991).

The documents mentioned above are attached. It may also be of interest to note that Spain and Portugal signed the Schengen Agreement in June 1991 (Documentation-Réfugiés 27 Juin/6 Juillet 1991, 3; Keesing's June 1991, 38297). This Agreement is aimed at eliminating internal border controls in 1992 between the signatory countries: Belgium, France, Luxembourg, Germany, Italy and the Netherlands (Commission of European Communities 19 June 1990; Ibid. 30 Sept. 1991; Keesing's June 1991, 38297). The European Community also intends to eliminate internal border controls among its members by 1993 (Commission of the European Communities 30 Sept. 1991).

There is no information currently available to the IRBDC specific to a Spanish national having a right to nationality in other EC countries by reason of Spain's membership in the EC. However, A Citizen's Europe indicates that the EC intends to move towards "creating a European citizenship separate and distinct from national citizenship, not taking its place but supplementing it" (Fontaine 1991, 45).

Further information on this topic is not currently available to the IRBDC.

Bibliography

Commission of the European Communities. 30 September 1991. "Controls on Individuals." Excerpt from Info 92 databank.

. 25 June 1991 (erd/BS/ic). "Social Policy: Other Decisions in the Social Field" in Summary of the 1504th Council Meeting of the Social Ministers.

. 16 April 1991, COM(91) 124 final. Report on the Implementation of Measures of Derogation as Regards the Freedom of Movement of Workers between Spain and Portugal and the Other Member States; Proposal for a Council Regulation (EEC) on the Transitional Period for the Freedom of Movement of Workers between Spain and Portugal and the Other Member States.

. 1991. Freedom of Movement. Brussels: Commission of the European Communities.

. 19 June 1990, (IP(90) 492). Abolition of Border Controls: Schengen Group Moves Into Top Gear. Luxembourg/Brussels.

Documentation-Réfugiés [Paris]. 27 June/6 July 1991. No. 151. "Le Big Brother de Schengen fait peur aux Espagnols."

East, Rogers, ed. June 1991. Vol. 37, No. 6. Keesing's Record of World Events 1991. London: Longman Group UK Ltd., 1991.

Fontaine, Pascal. 1991. A Citizen's Europe. Luxembourg: Office for Official Publications of the European Communities.

Attachments

Commission of the European Communities. 30 September 1991. "Controls on Individuals." Excerpt from Info 92 databank.

. 25 June 1991 (erd/BS/ic). "Social Policy: Other Decisions in the Social Field" in Summary of the 1504th Council Meeting of the Social Ministers.

. 16 April 1991, COM(91) 124 final. Report on the Implementation of Measures of Derogation as Regards the Freedom of Movement of Workers between Spain and Portugal and the Other Member States; Proposal for a Council Regulation (EEC) on the Transitional Period for the Freedom of Movement of Workers between Spain and Portugal and the Other Member States.

. 1991. Freedom of Movement. Brussels: Commission of the European Communities.

. 19 June 1990, (IP(90) 492). Abolition of Border Controls: Schengen Group Moves Into Top Gear.

. 1990. Community Charter of the Fundamental Social Rights of Workers. Luxembourg: Office for Official Publications of the European Communities.

European Documentation. CBNC-90-002-EN-C. 1990. 1992 - The Social Dimension. Luxembourg: Office for Official Publications of the European Communities.

Fontaine, Pascal. 1991. A Citizen's Europe. Luxembourg: Office for Official Publications of the European Communities.

Topics: Freedom of movement,