§ Mr. Spearing
To ask the Secretary of State for Foreign and Commonwealth Affairs in respect of the obligation or duties of citizens of the European Union as defined in article 8A of the treaty on European Union, if he will state(a) the criteria and (b) the court which determines when they are not being complied with and the legal basis of any penalty.
§ Mr. David Davis
Article 8a of the treaty of Rome does not impose any duties or obligations on the citizens of the Union.
Article 8 does talk of citizens being subject to "duties imposed" by the treaty. However, neither the Maastricht treaty nor the previous treaties impose any duties on individuals, other than a general duty to comply with Community law.
It is in the first instance for the domestic courts to determine whether an individual has complied with Community law. Any penalty will normally be determined by domestic law.