Text · Plenary report
On the proposal for a Council directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast)
Full title
On the proposal for a Council directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast)
Report A-9-2023-0005 · COM(2021)0733 – C90022/2022 – 2021/0373(CNS)
- Kind
- Plenary report A-9-2023-0005
- Date
- 23 January 2023
- Committee
- Committee on Civil Liberties, Justice and Home Affairs
- Rapporteur
- Joachim Stanisław Brudziński
- Dossier
- 2021-0373
More facts (2)
- Formats
- Official page PDF Word
- Reference
- COM(2021)0733 – C90022/2022 – 2021/0373(CNS)
In short
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Parliament's amended version of the proposed Council directive on the right of non-national Union citizens to vote and stand in municipal elections. It approves the Commission proposal with amendments and calls for changes. The amendments aim to strengthen equal treatment, remove derogations, improve information and accessibility, and enhance data collection and reporting.
Position. The Committee on Civil Liberties, Justice and Home Affairs proposes to approve the Commission proposal as amended, with changes to strengthen equal treatment, remove derogations, and improve information and accessibility.
Key points
- Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party and as amended.
- Calls on the Commission to alter its proposal accordingly and on the Council to notify Parliament if it departs from the text.
- Adds a recital recalling the Maastricht Treaty's introduction of Union citizenship.
- Requires Member States to ensure full and effective access to electoral rights by removing all obstacles and providing full information.
- Requires equal treatment with nationals regarding residence periods and proofs, and prohibits special conditions unless justified by exceptional circumstances.
- Requires Member States to endeavour to introduce immediate registration for non-national Union citizens upon consent, and to establish distinct electoral rolls for municipal and European elections.
- Deletes provisions allowing Member States to reserve certain local government offices for nationals and to restrict participation in parliamentary assemblies.
- Deletes all derogation provisions, including those for Member States where non-national Union citizens exceed 20% of the electorate.
- Requires Member States to provide information in all official Union languages and in accessible formats for persons with disabilities, and allows assistance in voting.
- Requires Member States to report on application within three years and every four years thereafter, with statistical data based on common indicators set by the Commission via delegated acts.
- Requires the Commission to assess the directive within two years after the 2029 European elections and to propose amendments if appropriate.
Who is affected
- Union citizens residing in a Member State of which they are not nationals: gain clearer rights to vote and stand in municipal elections, with better information and accessibility.
- Member States: must remove obstacles, provide information in all EU languages, ensure accessibility, and report on implementation.
- National political parties: should not make membership conditional on nationality of the Member State of election.
- Persons with disabilities: benefit from accessible information and assistance in voting.
Figures and deadlines
- 20% threshold for derogations is deleted.
- Reporting within three years of entry into force and every four years thereafter.
- Assessment within two years after the 2029 elections to the European Parliament.
Legal basis. Article 22(1) of the Treaty on the Functioning of the European Union
Text
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Draft european parliament legislative resolution
–having regard to Article 22(1) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C90022/2022),
–having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts,
– having regard to the letter of 8 November 2022 sent by the Committee on Legal Affairs to the Committee on Civil Liberties, Justice and Home Affairs in accordance with Rule 110(3) of its Rules of Procedure,
–having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0005/2023),
A.whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;
1.Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission and as amended below;
2.Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;
3.Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
4.Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;
5.Instructs its President to forward its position to the Council, the Commission and the national parliaments.
| Text proposed by the Commission | Amendment |
|---|---|
| (1 a) The 1992 Treaty on European Union (‘the ‘Maastricht Treaty’) marked a new stage in the process of creating an ever-closer union among the peoples of Europe. One of its tasks was to organize, in a manner demonstrating consistency and solidarity, relations between the peoples of the Member States. Its fundamental objectives included strengthening the protection of the rights and interests of the nationals of its Member States through the introduction of a citizenship of the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| (3) The detailed arrangements governing the exercise of the right to vote and to stand as a candidate in municipal elections are set out in Council Directive 94/80/EC. | (3) The detailed arrangements governing the exercise of the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals are set out in Council Directive 94/80/EC. |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) In the EU Citizenship Report 202022 , the Commission stressed the need to update, clarify and strengthen the rules on the exercise of the right to vote and to stand as a candidate in municipal elections in order to ensure that they support the broad and inclusive participation of mobile Union citizens. Taking also into account the experience gained in its application to successive elections, and in order to take account of changes introduced by the amendments to the Treaties, several of the provisions of that Directive should be updated. | (4) In the EU Citizenship Report 202022 , the Commission stressed the need to update, clarify and strengthen the rules on the exercise of the right to vote and to stand as a candidate in municipal elections in order to ensure that they support the broad and inclusive participation of Union citizens residing in a Member State of which they are not nationals. Taking also into account the experience gained in its application to successive municipal elections, and in order to take account of changes introduced by the amendments to the Treaties, several of the provisions of that Directive should be updated. |
| 22 EU Citizenship Report 2020 Empowering citizens and protecting their rights, COM/2020/730 final. | 22 EU Citizenship Report 2020 Empowering citizens and protecting their rights, COM/2020/730 final. |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) The electoral procedure related to municipal elections falls within the competences of the Member States that organise them reflecting their specific traditions and in accordance with international and European standards. In line with International Covenant on Civil and Political Rights as well as the law of the European Convention on Human Rights, Member States should not only recognise and respect the right of Union citizens to vote and to stand as a candidate but also ensure easy access to their electoral rights by removing as many obstacles to their participation in elections as possible. | (5) The electoral procedure related to municipal elections falls within the competences of the Member States that organise them reflecting their constitutional and specific traditions and in accordance with international and European standards. In line with the International Covenant on Civil and Political Rights, the UN Convention on the Rights of Persons with Disabilities as well as the law of the European Convention on Human Rights, Member States should not only recognise and respect the right of Union citizens residing in a Member State of which they are not nationals to vote and to stand as a candidate in municipal elections but also ensure full and effective access to their electoral rights by removing all obstacles to their participation in municipal elections, as well as by providing full access to relevant information. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6) In order to ensure that Union citizens who reside in a Member State of which they are not nationals (“non-national Union citizens”) are able to exercise their right to vote and to stand as candidates in municipal elections under the same conditions as nationals of their host Member State, the conditions governing registration and participation in such elections should be clarified in order to ensure equal treatment between national and non-national Union citizens. In particular, Union citizens seeking to vote and to stand as candidates in municipal elections in their Member State of residence should be treated equally as regards any periods of residence that are to be fulfilled as a condition for the exercise of the right, as well as the proofs for demonstrating compliance with such a condition. | (6) In order to ensure that Union citizens who reside in a Member State of which they are not nationals (“non-national Union citizens”) are able to exercise their right to vote and to stand as candidates in municipal elections under the same conditions as nationals of their host Member State, the conditions governing registration and participation in such elections should be clarified in order to ensure equal treatment between national and non-national Union citizens. In particular, Union citizens seeking to vote and to stand as candidates in municipal elections in their Member State of residence should be treated equally to nationals of that Member State as regards any periods of residence that are to be fulfilled as a condition for the exercise of the right, as well as the proofs for demonstrating compliance with such a condition. |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) In addition, non-national Union citizens should not be required to fulfil any special conditions in order to exercise the right to vote or stand in municipal elections unless, exceptionally, a different treatment of nationals and non-nationals is justified by circumstances specific to the latter distinguishing them from the former. | (7) In addition, non-national Union citizens should not be required to fulfil any special conditions in order to exercise the right to vote or stand in municipal elections unless, exceptionally, a different treatment of nationals and non-nationals is justified by exceptional circumstances specific to the latter distinguishing them from the former. Any such difference in treatment must, in any event, be justified. |
| Text proposed by the Commission | Amendment |
|---|---|
| (8) In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, such citizens should be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and a formal declaration that include elements evidencing their entitlement to participate in the elections. Once registered, non-national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis. | (8) In order to facilitate the exercise by non-national Union citizens of their right to vote and to stand as a candidate in their Member State of residence, Member States should endeavour to make immediate registration as a voter available, after Union citizens have expressed a wish to vote in their Member State of residence. Where immediate registration was not used, citizens should be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple, as easily accessible and as similar as possible across Member States. It should be sufficient for the Union citizens concerned to produce a valid identity card and in duly justified cases a formal declaration that include elements evidencing their entitlement to participate in the municipal elections. Once registered, non-national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis. Member States should establish distinct electoral rolls for municipal and European elections. |
| Text proposed by the Commission | Amendment |
|---|---|
| (8 a) Member States should ensure that the requirements for registering as a candidate and for submitting a list of candidates respect democratic, proportionate and transparent standards and are applicable to both national and non-national Union citizens. |
| Text proposed by the Commission | Amendment |
|---|---|
| (8 b) To enable European citizens residing in a Member State of which they are not nationals to be eligible in practice to stand as candidates in municipal elections, national political parties should not make membership conditional on having the nationality of the Member State of election. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Disqualification from the right to stand as a candidate may be ordered by an individual decision of the authorities either of the Member State of residence or of the home Member State. In view of the political significance of the holding of elected municipal office, Member States should be entitled to obtain information from the home Member State related to the deprivation of the right to stand as a candidate in the candidate’s home Member State. | (10) Disqualification from the right to stand as a candidate may be ordered by an individual decision of the authorities either of the Member State of residence or of the home Member State. In view of the political significance of the holding of elected municipal office, Member States should be entitled to directly obtain information from the home Member State related to the deprivation of the right to stand as a candidate in the candidate’s home Member State. Decisions on deprivation of legal capacity due to disability taken by the home Member State should not make Union citizens ineligible from standing as a candidate in their Member State of residence if the law of that Member State upholds that right to all persons with such disabilities without restrictions. |
| Text proposed by the Commission | Amendment |
|---|---|
| (11) Since the duties of the leadership of basic local government units may involve taking part in the exercise of official authority and in the safeguarding of the general interest, Member States should be able to reserve those offices for their nationals in full respect of the principle of proportionality . | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (12) It should likewise be possible for participation by elected municipal officers in the election of a parliamentary assembly to be reserved for own nationals. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (14) The right conferred on non-national Union citizens to vote and to stand as a candidate in municipal elections in the Member State of residence is not a substitute for the right to vote and to stand as a candidate in the Member State of which the Union citizen is a national. It is therefore necessary to ensure that the freedom of Union citizens to choose whether or not to take part in municipal elections in the Member State in which they reside is respected and that those citizens are able to express their wish to exercise their right to vote in their Member State of residence . Provision may therefore be made by Member States where voting is not compulsory to automatically register those citizens on the electoral roll . | (14) The right conferred on non-national Union citizens to vote and to stand as a candidate in municipal elections in the Member State of residence is not a substitute for the right to vote and to stand as a candidate in the Member State of which the Union citizen is a national. It is therefore necessary to ensure that the freedom of Union citizens to choose whether or not to take part in municipal elections in the Member State in which they reside is respected and that those citizens are able to express their wish to exercise their right to vote in their Member State of residence. |
| Text proposed by the Commission | Amendment |
|---|---|
| (15) The accessibility of information on electoral rights and procedures is a key component in ensuring the effective exercise of the right enshrined in Article 20(2), point (b) and Article 22(1) TFEU. | (15) The accessibility of information on electoral rights and procedures is a key component in ensuring the effective exercise of the right enshrined in Article 20(2), point (b) and Article 22(1) TFEU. Non-national Union citizens should have access to information about their electoral rights and about electoral procedures upon their arrival in the Member State, periodically and sufficiently in advance of the municipal elections. They should also be informed about the fact that there are distinct electoral rolls for the municipal elections and the elections for the European Parliament. |
| Text proposed by the Commission | Amendment |
|---|---|
| (16) The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), point (b), and Article 22(1) TFEU and the national rules and procedures regarding participation in and the organization of municipal elections. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms. | (16) The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), point (b), and Article 22(1) TFEU and the national rules and procedures regarding participation in and the organization of municipal elections, and information on the electoral and political system, including competences of basic local government units. Such authorities should coordinate information campaigns together with local authorities and, whenever possible civil society organisations, and use a wide range of information channels. In order to ensure the effectiveness of communications, information should be provided in due time, on a regular basis and in clear and comprehensible terms, ideally without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages. |
| Text proposed by the Commission | Amendment |
|---|---|
| (17) In order to improve the accessibility of electoral information, such information should be made available in at least one other official language of the Union than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory. Member States may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing therein. | (17) In order to improve the accessibility of electoral information, such information should be made available in all official Union languages and where offered by the authorities, in the prefered language of the Union voter, which they should be able to indicate at the time of registration. Where necessary, the European Commission should provide support to Member States for the translation of information on the registration and electoral procedures into the official Union languages. |
| Text proposed by the Commission | Amendment |
|---|---|
| (18) Any derogation from the general rules of this Directive has to be warranted, pursuant to Article 22 (1) TFEU , by problems specific to a Member State and has to be in line with the requirements of Article 52 of the Charter, including the requirement that any limitations to the exercise of the right to vote and to stand as a candidate in municipal elections shall be provided by law and shall be subject to the principles of proportionality and necessity . Additionally, any derogation has , by its very nature, to be subject to review as provided by Article 47 of the Charter . | (18) Any derogation from the general rules of this Directive has to be warranted, pursuant to Article 22 (1) TFEU, by problems specific to a Member State and has to be in line with the requirements of Article 52 of the Charter, including the requirement that any limitations to the exercise of the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals shall be provided by law and shall be subject to the principles of proportionality and necessity. Additionally, any derogation has, by its very nature, to be subject to review as provided by Article 47 of the Charter. In view of the limited use made by the Member States of the possibilities laid down in Directive 94/80/EC to derogate from its general rules, those possibilities for derogations should no longer be offered. |
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Such specific problems may arise in a Member State in which the proportion of Union citizens of voting age, who reside in it but are not nationals of it, is very significantly above average. Where such citizens form more than 20% of the total electorate, derogations are warranted . Such derogations are to be based on the criterion of period of residence. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (20) Member States in which the proportion of non-national Union citizens of voting age exceeds 20% of the total number of Union citizens of voting age who reside there should be able to lay down, in compliance with Article 22(1) TFEU , specific provisions concerning the composition of lists of candidates. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (21) Account has to be taken of the fact that in certain Member States residents who are nationals of other Member States have the right to vote in elections to the national parliament and consequently the formalities provided for in this Directive can be eased. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (22) The Kingdom of Belgium is characterized by specific features and balances linked to the fact that Articles 1 to 4 of its Constitution provide for three official languages and a territorial division into regions and communities, as a result of which full application of this Directive in certain communes might have effects such as to necessitate providing for the possibility of a derogation from the provisions of this Directive in order to take account of those specific features and balances; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (23) Data regarding the exercise of rights and the application of this Directive can be useful in the identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve the collection of data for municipal elections, it is necessary to introduce regular monitoring and reporting of implementation by Member States, which should include, besides statistical data, information on the measures taken to support participation in elections of non-national Union citizens. The Commission should assess the application of the Directive , including any changes in the electorate that have taken place since its entry into force and submit a report in this connection to the European Parliament and to the Council. | (23) Data regarding the exercise of rights and the application of this Directive is important in the evaluation of the relevant Union policy and identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve the collection and reporting of data by Member States for municipal elections, it is necessary to introduce regular monitoring and reporting of implementation by Member States, which should include, besides statistical data, information on the measures taken to support participation in elections of non-national Union citizens, including for people with disabilities. Such data should be collected in a transparent and secure way across all Member States and on the basis of the same indicators. To that effect, the Commission should set up common indicators for the provision by the Member States of the statistical data concerned. The Commission should assess the application of the Directive, including any changes in the electorate that have taken place since its entry into force and submit a report in this connection to the European Parliament and to the Council. |
| Text proposed by the Commission | Amendment |
|---|---|
| (24) It is necessary that the Commission conduct its own evaluation of the application of this Directive within a reasonable timeframe from its entry into force, in close connection to the evaluation of the application of the Council Directive 93/109/EC23 of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals. | (24) It is necessary that the Commission conduct its own evaluation of the application of this Directive within a reasonable timeframe from its entry into force, in close connection to the evaluation of the application of the Council Directive 93/109/EC23 of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals. The evaluation should be followed, where appropriate, by a legislative proposal to amend this Directive. |
| 23 Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals (recast). | 23 Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals (recast). |
| Text proposed by the Commission | Amendment |
|---|---|
| (26) The Member States, by ratifying, and the Union, by concluding25 , have committed themselves to ensure compliance with the United Nations Convention on the Rights of Persons with Disabilities including on Article 29 on Participation in political and public life. In order to support inclusive and equal electoral participation for persons with disabilities, arrangements for Union citizens residing in a Member State of which they are not nationals to exercise the right to vote and to stand as a candidate there in municipal elections should have due regard to the needs of citizens with a disability and older citizens. | (26) The Member States, by ratifying, and the Union, by concluding25 , have committed themselves to ensure compliance with the United Nations Convention on the Rights of Persons with Disabilities including on Article 29 on Participation in political and public life. In order to ensure inclusive and equal electoral participation for persons with disabilities, particularly taking into account the substantial impact local decisions can have on matters of accessibility and the life of persons with disabilities and older citizens, arrangements for Union citizens residing in a Member State of which they are not nationals to exercise the right to vote and to stand as a candidate there in municipal elections should have due regard to the specific needs of citizens with a disability and older citizens. In particular, Member States should consider implementing appropriate arrangements tailored to their national voting procedures to facilitate voting by citizens with disabilities, such as the possibility to choose polling stations and the use of assistive technologies, formats and techniques like Braille, large print, audio-based information, tactile stencils, easy to read information and sign language communication. Furthermore, Member States should allow for persons with disabilities to receive, at their request, assistance in voting by a person of their choice. Member States should strive to provide the possibility of postal voting and may provide for other complementary tools to facilitate voting, such as advance physical voting, proxy voting and electronic and online voting. |
| 25 Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35). | 25 Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35). |
| Text proposed by the Commission | Amendment |
|---|---|
| (d a) 'Union voter’ means any Union citizen who has the right to vote in municipal elections in this person’s Member State of residence in accordance with this Directive; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d b) 'Union candidate’ means any Union citizen who has the right to stand as a candidate in municipal elections in this person’s Member State of residence in accordance with this Directive; |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. If, in order to vote or to stand as candidates, nationals of the Member State of residence must have spent a certain minimum period as a resident in the territory of that State, voters and persons entitled to stand as candidates pursuant to Article 3 shall be deemed to have fulfilled that condition where they have resided for an equivalent period in other Member States. | 1. If, in order to vote or to stand as candidates, nationals of the Member State of residence must have spent a certain minimum period as a resident in the territory of that State, Union voters and Union candidates shall be deemed to have fulfilled that condition where they have resided for an equivalent period in other Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. If, under the laws of the Member State of residence, its own nationals may vote or stand as candidates only in the basic local government unit in which they have their principal residence, voters and persons entitled to stand as candidates pursuant to Article 3 shall also be subject to that condition. | 2. If, under the laws of the Member State of residence, its own nationals may vote or stand as candidates only in the basic local government unit in which they have their principal residence, Union voters and Union candidates shall also be subject to that condition. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States of residence may provide that Union citizens who, through an individual decision under civil law or a criminal law decision, have been deprived of their right to stand as a candidate under the law of their home Member State shall be precluded from exercising that right in municipal elections. | 1. Member States of residence may provide that Union citizens who, through an individual decision under civil law or a criminal law decision, have been deprived of their right to stand as a candidate under the law of their home Member State, shall be precluded from exercising that right in municipal elections. However, decisions on deprivation of legal capacity due to disability taken by the home Member State shall not make Union citizens ineligible from standing as a candidate in municipal elections in their Member State of residence if the law of that Member State upholds that right to all persons with such disabilities without restrictions. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States may provide that only their own nationals may hold the office of elected head, deputy or member of the governing college of the executive of a basic local government unit if elected to hold office for the duration of their mandate. | deleted |
| The Member States may also lay down that the temporary or interim performance of the functions of a head, deputy or member of the governing college of the executive of a basic local government unit may be restricted to own nationals. | |
| Having regard to the Treaty and to general legal principles, Member States may take appropriate, necessary and proportional measures to ensure that the offices referred to in the first subparagraph can only be held and the interim functions referred to in the second subparagraph can be performed only by their own nationals. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States may also provide that Union citizens elected as members of a representative council shall take part in neither the designation of delegates who can vote in a parliamentary assembly nor the election of the members of that assembly. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Persons entitled to stand as candidates pursuant to Article 3 shall be subject to the same conditions concerning incompatibility as apply, under the laws of the Member State of residence, to nationals of that State. | 1. Union candidates shall be subject to the same conditions concerning incompatibility as apply, under the laws of the Member State of residence, to nationals of that State. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Voters fulfilling the conditions of Article 3 shall exercise their right to vote in municipal elections in the Member State of residence if they have expressed the wish to do so. | 1. Union voters fulfilling the conditions of Article 3 shall exercise their right to vote in municipal elections in the Member State of residence if they have expressed the wish to do so. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. If voting is compulsory in the Member State of residence, voters pursuant to Article 3 who have been entered on the electoral roll there shall also be obliged to vote. | 2. If voting is compulsory in the Member State of residence, Union voters who have been entered on the electoral roll there shall also be obliged to vote. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States where voting is not compulsory may provide for the automatic registration of voters pursuant to Article 3 on the electoral roll. | 3. Member States shall endeavour to introduce immediate registration of non-national Union citizens as Union voters on the electoral roll upon receiving the consent of the Union citizens concerned at the time of registering as a resident in the Member State of residence. Union voters who have opted out of immediate registration shall be invited to register well in advance of the election period. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall take the necessary measures to enable a voter pursuant to Article 3 to be entered on the electoral roll sufficiently in advance of polling day. | 1. Member States shall take the necessary measures to enable a Union voter to be entered on the electoral roll sufficiently in advance of polling day. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In order to have their name entered on the electoral roll, voters pursuant to Article 3 shall produce the same documents as voters who are nationals . | 2. In order to have their name entered on the electoral roll, Union voters shall produce the same or equivalent documents as voters who are nationals. They shall also produce a formal declaration in accordance with the template set out in Annex II. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Member State of residence may also require a voter pursuant to Article 3 to produce a valid identity document, along with a formal declaration drawn up in accordance with the template set out in Annex II. | The Member State of residence may also require Union voters to: |
| (a) produce a valid identity document; | |
| (b) indicate the date from which they have been resident in that State or in another Member State; | |
| (c) if they so wish, indicate one or more language preferences in which they would like to receive the information referred to in Article 12(2), selected among the official Union languages, or, where offered by the competent authority, other languages. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Voters pursuant to Article 3 who have been entered on an electoral roll in the Member State of residence shall remain thereon, under the same conditions as voters who are nationals, until such a time as they are removed because they no longer satisfy the requirements for exercising the right to vote. Where Member States provide for the notification of nationals of their removal from the electoral roll, those provisions shall apply equally to voters pursuant to Article 3. | 3. Union voters who have been entered on an electoral roll in the Member State of residence shall remain thereon, under the same conditions as voters who are nationals, until such a time as they are removed because they no longer satisfy the requirements for exercising the right to vote. Where Member States provide for the notification of nationals of their removal from the electoral roll, those provisions shall apply equally to Union voters. This notification shall be provided to Union voters in question in a Union language of this person’s preference indicated in the formal declaration, if the Union voter has provided such preference. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Without prejudice to the rules of any Member State concerning the right to vote or to stand as a candidate of nationals who reside outside its territory, the fact that voters pursuant to Article 3 have been entered on the electoral roll of their Member State of residence shall not result in their removal from the electoral roll of the home Member State. | 5. Without prejudice to the rules of any Member State concerning the right to vote or to stand as a candidate of nationals who reside outside its territory, the fact that Union voters have been entered on the electoral roll of their Member State of residence shall not result in their removal from the electoral roll of the home Member State. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. When submitting an application to stand as candidates , persons entitled to stand as candidates pursuant to Article 3 shall produce the same supporting documents as a candidate who is a national. The Member State of residence may require the persons concerned to produce a formal declaration drawn up in accordance with the template set out in Annex III . | 1. When submitting an application to stand as candidates, non-national Union citizens shall produce the same or equivalent supporting documents as candidates who are nationals. The Member State of residence may require the persons concerned to produce a formal declaration drawn up in accordance with the template set out in Annex III. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Member State of residence may also require persons entitled to stand as candidates pursuant to of Article 3 to: | 2. The Member State of residence may also require Union candidates to: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) state in the formal declaration which they produce in accordance with paragraph 1 when submitting their application to stand as candidates that they have not been deprived of the right to stand as a candidate in their home Member State; | (a) state in the formal declaration which they produce in accordance with paragraph 1 when submitting their application to stand as candidates that they have not been deprived of the right to stand as a candidate in their home Member State. In case of legitimate doubt regarding the content of the declaration, the Member State of residence may directly request to the home Member State of the non-national Union citizen, before or after the election, a certification that the person has not been deprived of the right to stand as a candidate in that State; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) in case of doubt regarding the content of the declaration pursuant to point (a), to produce before or after the election an attestation from the competent administrative authorities in their home Member State certifying that they have not been deprived of the right to stand as a candidate in that State or that no such disqualification is known to those authorities; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e a) if they so wish, indicate one or more language preferences in which they would like to receive the information referred to in Article 12(2), selected among the official Union languages, or, where offered by the competent authority, other languages. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States that provide for the possibility for nationals to vote by means of advance voting, postal voting, and electronic and internet voting in municipal elections shall ensure that such means of voting are also available under the same conditions to voters pursuant to Article 3. | Member States shall endevour to provide for the possibility to vote by means of postal voting in municipal elections. Where possibilities of postal voting, advance voting, proxy voting or electronic and internet voting are available in municipal elections to their nationals, Member States shall ensure that such means of voting are also available under the same conditions to Union voters. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Member State of residence shall inform the concerned persons in good time and in clear and plain language of the decision taken on their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate. | 1. The Member State of residence shall inform the concerned persons of the decision taken on their immediate registration as a voter or their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Should Union citizens not be entered on the electoral roll or have their application form entry refused or have their application to stand as a candidate rejected, the person concerned shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals. | 2. Should Union citizens not be entered on the electoral roll or have their immediate registration or application form entry refused or have their application to stand as a candidate rejected, the person concerned shall be entitled to effective legal remedies on the same terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In case of errors in the electoral roll or in the list of candidates for municipal elections, the person concerned shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals. | 3. In case of errors in the electoral roll or in the list of candidates for municipal elections, the person concerned shall be entitled to effective legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. Member States shall inform, in a clear and plain language and in a timely manner, the person concerned of the decision referred to in paragraph 1 and of the legal remedies referred to in paragraphs 2 and 3, in a language of the person’s preference indicated in the formal declaration, if the Union voter has provided such preference. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall designate a national authority with responsibility for taking the necessary measures to ensure that non-national Union citizens are informed in a timely manner of the conditions and detailed rules for registration as a voter or candidate in municipal elections. | 1. Member States shall designate a competent authority with responsibility for taking the necessary measures to ensure that non-national Union citizens are informed in a timely manner of the conditions and detailed rules for registration as a voter or candidate in municipal elections. The information shall be provided by the relevant authorities in a coordinated way and, whenever possible, in cooperation with civil society organisations, upon registration as a resident and in a timely manner ahead of elections. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Member States shall ensure that the designated authority pursuant to paragraph 1, shall directly and individually communicate to voters and persons entitled to stand as candidates pursuant to Article 3, the following information: | 2. The Member States shall ensure that the designated authority pursuant to paragraph 1, shall directly and individually communicate to Union voters and Union candidates the following information: |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) once available, the date of the election and how and where to vote, | (b) once available, the date of the election and how and where to vote, including specific means of voting referred to in Article 10, where applicable, |
| Text proposed by the Commission | Amendment |
|---|---|
| (b a) the specific measures to facilitate the exercise of the right to vote to particular groups of voters, such as persons with disabilities, |
| Text proposed by the Commission | Amendment |
|---|---|
| (b b) information on the electoral and political system, including competences of basic local government units, |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The information on conditions and detailed rules for registration as a voter or candidate in municipal elections and the information referred to in paragraph 2 shall be provided in clear and plain language. | 3. The information on conditions and detailed rules for registration as a voter or candidate in municipal elections referred to in paragraph 1 and any other information communicated pursuant to the provisions of this Directive shall be provided in clear and plain language. The information referred to in paragraph 1 shall be provided in all official Union languages, while the information referred to in paragraph 2 shall be communicated to the person concerned in a language of this person’s preference, indicated in the formal declaration, if the Union voter has provided such preference. |
| Text proposed by the Commission | Amendment |
|---|---|
| The information referred to in the first subparagraph shall, in addition to being communicated in one or more of the official languages of the host Member State also be accompanied by a translation in at least one other official language of the Union that is broadly understood by the largest possible number of European Union citizens residing on its territory, in accordance with the quality requirements in Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council28 . | deleted |
| 28 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1–38) |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The European Commission shall ensure that the information relating to the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals, under Article 20(2), point (b), and Article 22(1) TFEU, and the information referred to in paragraphs 1 and 2, is made available to these citizens in a clear and accessible manner, in all official languages of the Union, where necessary, including via Europe Direct and Your Europe. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in municipal elections and information referred to in paragraph 2 is made accessible to persons with disabilities and older persons by using appropriate means, modes and formats of communication. | 4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in municipal elections and information referred to in paragraph 2 is made accessible to persons with disabilities, older persons, people in remote areas, minority groups and those who face difficulties in voting generally by applying accessibility requirements laid down in Annex I of Directive (EU) 2019/8821a by using means, modes and formats of communication that are appropriate to them, such as sign language, Braille or easy-to-read format. Member States may ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice. |
| 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and service (OJ L 151, 7.6.2019, p. 70–115) |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 13 | deleted |
| Derogations | |
| 1. Where, in a given Member State, the proportion of Union citizens of voting age who reside in it but are not nationals of it exceeds 20% of the total number of national and non-national Union citizens residing there who are of voting age, that Member State may, by way of derogation from this Directive: | |
| (a) restrict the right to vote to voters pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than the term for which the representative council of the municipality is elected; | |
| (b) restrict the right to stand as a candidate to persons entitled to stand as candidates pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than twice the term for which the representative council of the municipality is elected; and | |
| (c) take appropriate measures with regard to the composition of lists of candidates to encourage in particular the integration of Union citizens , who are nationals of another Member State. | |
| 2. The Kingdom of Belgium may, by way of derogation from the provisions of this Directive, apply the provisions of paragraph 1 point (a) to a limited number of local government units, the list of which it shall communicate at least one year before the local government unit elections for which it intends to invoke the derogation. | |
| 3. Where the laws of a Member State prescribe that the nationals of another Member State who reside there have the right to vote for the national parliament of that State and, for that purpose, may be entered on the electoral roll of that State under exactly the same conditions as national voters, the first Member State may, by way of derogation from this Directive, refrain from applying Articles 6 to 11 in respect of such persons. | |
| 4. Every six years after the entry into force of this Directive , the Commission shall submit to the European Parliament and to the Council a report in which it shall check whether the grant to the Member States concerned of a derogation pursuant to Article 22 (1) TFEU is still warranted and shall propose that any necessary adjustments be made. Member States which invoke derogations under paragraphs 1 and 2 shall furnish the Commission with all the necessary background information. |
| Text proposed by the Commission | Amendment |
|---|---|
| Reporting | Data collection and Reporting |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Within three years of the entry into force of this Directive and every four years thereafter, the Member States shall report to the Commission on the application of this Directive in their territory, including on the application of Article 5(3) and (4). The report shall contain statistical data on the participation in municipal elections of voters and candidates pursuant to Article 3 and a summary of measures taken in that regard. | 1. Within three years of the entry into force of this Directive and every four years thereafter, the Member States shall report to the public and to the Commission on the application of this Directive in their territory, including on the application of Article 5(3) and (4). In addition to general observations, the report shall contain statistical data on the participation in municipal elections of Union voters and Union candidates and a summary of measures taken to facilitate and encourage their participation. This data shall be collected in a transparent, uniform, and secure way, based on common indicators. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. The Commission is empowered to adopt delegated acts in accordance with Article 16 concerning the setting up of the common indicators for the collection of statistical data referred to in paragraph 1. |
| Text proposed by the Commission | Amendment |
|---|---|
| Within two years after the 2029 elections to the European Parliament, the Commission shall assess the application of this Directive and produce an evaluation report on the progress towards achievement of the objectives contained herein. | Within two years after the 2029 elections to the European Parliament, the Commission shall assess the application of this Directive and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall be accompanied, if appropriate, by a legislative proposal to amend this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The power to adopt delegated acts referred to in Articles 2, 8 and 9 shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Directive. | 2. The power to adopt delegated acts referred to in Articles 2(2), 8(4), 9(3) and 14(1a) shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The delegation of power referred to in Articles 2, 8 and 9 may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | 3. The delegation of power referred to in Articles 2(2), 8(4), 9(3) and 14(1a) may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. A delegated act adopted pursuant to Articles 2, 8 and 9 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. | 6. A delegated act adopted pursuant to Articles 2(2), 8(4), 9(3) and 14(1a) shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
| Text proposed by the Commission | Amendment |
|---|---|
| Articles 1 to 7, 8(1), 11(2) and 13 shall apply from 31 December 2023. | Articles 1 to 7, 8(1) and 11(2) shall apply from 31 December 2023. |
| Text proposed by the Commission | Amendment |
|---|---|
| ANNEX II - Formal declaration submitted by Union voters |
| Text proposed by the Commission | Amendment |
|---|---|
| I declare that I accept future communication related to voting in the municipal elections in one or more of the following languages: |
| Text proposed by the Commission |
| Amendment |
| I have been a resident in ......… (Name of residence Member State) for ……….. (Period)1a |
| Place/date: |
| Signature: |
| 1a Only if required by national legislation. |
| Text proposed by the Commission | Amendment |
|---|---|
| ANNEX III - Formal declaration submitted by Union candidates |
| Text proposed by the Commission | Amendment |
|---|---|
| I declare that I accept future communication related to standing as a candidate in the municipal elections in one or more of the following languages: |
| Text proposed by the Commission |
| Amendment |
| I have been a resident in ......… (Name of residence Member State) for ……….. (Period)1a |
| Place/date: |
| Signature: |
| 1a Only if required by national legislation. |
Back matter, 4
Parts that accompany the text rather than belong to it: explanatory statement, annexes, opinions appended by other committees. Collapsed.
Letter of the committee on legal affairs 15 blocks
Subject: Opinion on a Proposal for a directive of the Council laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast) (COM(2021)0733 – C90022/2022 – 2021/373(CNS))
The Committee on Legal Affairs has examined the proposal referred to above pursuant to Rule 110 on Recasting of Parliament's Rules of Procedure.
“If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible for the subject matter thereof.
In such a case, over and above the conditions laid down in Rules 180 and 181, amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.
However, amendments to parts of the proposal which remain unchanged may, by way of exception and on a case-by-case basis, be accepted by the Chair of the committee responsible for the subject matter if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments.”
Following the here attached opinion of the Consultative Working Party of the Legal Services of the Parliament, the Council and the Commission, which has examined the recast proposal, and in keeping with the recommendations of the Rapporteur, the Committee on Legal Affairs considers that the proposal in question does not include any substantive changes other than those identified as such and that, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, the proposal contains a straightforward codification of the existing text, without any change in its substance.
In conclusion, at its meeting of 27 October 2022, the Committee on Legal Affairs, with 23 votes in favour, none against and no abstentions decided to recommend that the Committee on Constitutional Affairs (AFCO), as the committee responsible, proceed to examine the above proposal in accordance with Rule 110.
Annex: opinion of the consultative working party of the legal services of the european parliament, the council and the commission 19 blocks
Proposal for a directive of the Council laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast)
Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 1 February 2022 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.
At that meeting, an examination of the proposal for a Council Directive recasting Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals resulted in the Consultative Working Party’s establishing, by common accord, that the following should have been marked with the grey-shaded type generally used for identifying substantive amendments:
- in Article 3, introductory wording, the deletion of the words ‘Any person who’ and the adding of the words ‘The following persons’;
In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that the proposal contains a straightforward codification of the existing legal text, without any change in its substance.
Opinion of the committee on constitutional affairs 4 blocks
on the Proposal for a Council Directive laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast)
Short justification 168 blocks
Approximately 13.3 million EU citizens live in an EU Member State that is not their country of origin. Of these so-called ‘mobile’ citizens, over 11 million have the legal age to vote and stand as a candidate in elections. Under Council Directive 94/80/EC on the right of mobile EU citizens to vote and stand as a candidate in municipal elections, mobile citizens can participate in municipal elections in their country of residence, under the same conditions as nationals of that state.
26 years after the lapse of the transposition deadline of the above-mentioned directive, voter turnout among mobile citizens remains low compared to nationals of the host Member State. While the EU and Member States have removed legal hurdles that were hindering mobile citizens to exercise their electoral rights in their country of residence, many de facto and de jure obstacles remain.
Voter registration, access to information and administrative barriers appear to be major obstacles. Approximately half of the Member States include mobile EU citizens automatically in their electoral roll when they register for residence, while the remainder impose a separate voter registration procedure. While it is of utmost importance that information reaches citizens when they formally reside in a Member State and that they are regularly reminded of this information, clear communication about the upcoming elections is often lacking.
Moreover, there is a real lack of public and comparable data. In several countries, registration rates for mobile EU voters are not published. Several Member States do not keep record of the amount of mobile EU citizens standing as a candidate in their municipal elections. Where data is kept and exchanged, the scope and format of the reporting are inconsistent and vary between Member States, leading to incomparable results.
The Commission proposes specific amendments to the above Council Directive in order to address certain shortcomings. The new proposal is intended to simplify the process of registering EU mobile citizens to vote and run in local elections and to reduce the administrative barriers faced by EU mobile citizens by imposing standardised templates for official declarations. Member States will be required to designate authorities to proactively inform EU mobile citizens about the detailed conditions and rules for registering as a voter or candidate in local elections.
Your rapporteur supports a broad and inclusive participation of all citizens to the electoral process, including mobile citizens and believes that in order to respond most efficiently to this mission, it is essential to address the hurdles identified above.
One pillar is information. Language can pose a barrier if the information is only provided in the local language and in a format that is insufficiently accessible. In addition, the manner in which the information reaches the citizens is a crucial factor. Mobile citizens may not sufficiently understand the domestic political system and may be unfamiliar with political parties in their country of residence. This can create a ‘representation gap’, a situation in which the views of mobile citizens are disproportionally less represented, due to low turnout. This is why information should ideally be provided in the native language of the mobile citizens, and at least also in an official language of the Union other than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory.
Given the differences in local government structures and the fact that municipal elections might be held in different cycles, in different parts of the same Member State, appropriate information on the right to vote, the administrative steps to exercise this right, as well as the nature of the political system and customs, should be provided to Union citizens when they establish their residence and should be reminded periodically.
Another pillar is registration. In order to increase mobile citizens’ awareness of their voting rights in the Member State of residence, national authorities that do not foresee automatic registration in the electoral roll should be required to duly inform them of the possibility to opt for registration in the electoral roll when they register for residence. Automatic registration should be incentivized to increase the uptake of mobile citizens in the democratic life of the Member State of residence.
Furthermore, there should be a clear distinction between electoral rolls. Member States should keep two separate records for local and European elections and mobile citizens should be duly informed of their rights under the respective electoral systems, including the option to maintain their voting rights in their home country. Two different electoral rolls would help mobile citizens make an informed choice and thus avoid any confusion.
Last but not least, there is the access to vote pillar. Mobile citizens should have the same access to electronic and remote voting as nationals of the Member State. The conditions governing the right to vote and the right to participate in local elections should be clear and not leave room for bureaucratic pitfalls. Moreover, mobile citizens should have access to effective legal recourse where their rights set forth in this Directive are seemingly not observed.
The Committee on Constitutional Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to take into account the following amendments:
| Text proposed by the Commission | Amendment |
|---|---|
| (5) The electoral procedure related to municipal elections falls within the competences of the Member States that organise them reflecting their specific traditions and in accordance with international and European standards. In line with International Covenant on Civil and Political Rights as well as the law of the European Convention on Human Rights, Member States should not only recognise and respect the right of Union citizens to vote and to stand as a candidate but also ensure easy access to their electoral rights by removing as many obstacles to their participation in elections as possible. | (5) The electoral procedure related to municipal elections falls within the competences of the Member States that organise them reflecting their constitutional and specific traditions and in accordance with international and European standards. In line with International Covenant on Civil and Political Rights as well as the law of the European Convention on Human Rights, Member States should not only recognise and respect the right of Union citizens to vote and to stand as a candidate but also ensure full and effective access to information and to their electoral rights by removing all obstacles to their participation in elections. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6a) Non-national Union citizens should receive information about the possibility to vote or to stand as a candidate when they register as residents of a Member State of which they are not nationals. Information pertaining to the registration as a voter or as a candidate should also be provided periodically, ahead of municipal elections, in a timely manner, to all voters and persons entitled to stand as candidates pursuant to Article 3. Moreover, non-national Union citizens should be duly informed about their distinct rights under the municipal and European electoral systems. |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) In addition, non-national Union citizens should not be required to fulfil any special conditions in order to exercise the right to vote or stand in municipal elections unless, exceptionally, a different treatment of nationals and non-nationals is justified by circumstances specific to the latter distinguishing them from the former. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (8) In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, such citizens should be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and a formal declaration that include elements evidencing their entitlement to participate in the elections. Once registered, non-national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis. | (8) In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their Member State of residence, such citizens should be entered on the electoral roll in sufficient time in advance of polling day. Those Union citizens that have expressed their will to vote in the municipal elections of their Member State of residence, are ideally entered immediately in the electoral roll upon registration for residence, as per their consent. The Member State of residence should allow the non-national Union citizens to decide and inform the authorities at any time. The formalities applicable to their registration should in any case be as simple as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and, in duly justified cases, a formal declaration that include elements evidencing their entitlement to participate in the elections. Once registered, non-national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis. Non-national Union citizens entitled to stand as candidates in their Member State of residence should be subject to the same administrative requirements as nationals of that Member State, when it is necessary to demonstrate a minimum residence period as a resident in a basic local government unit. |
| Text proposed by the Commission | Amendment |
|---|---|
| (8a) To enable Union citizens residing in a Member State of which they are not nationals to be eligible in practice to stand as candidates in municipal elections, national political parties should not make membership conditional on having the nationality of the Member State of election. |
| Text proposed by the Commission | Amendment |
|---|---|
| (11) Since the duties of the leadership of basic local government units may involve taking part in the exercise of official authority and in the safeguarding of the general interest, Member States should be able to reserve those offices for their nationals in full respect of the principle of proportionality . | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (12) It should likewise be possible for participation by elected municipal officers in the election of a parliamentary assembly to be reserved for own nationals. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (15) The accessibility of information on electoral rights and procedures is a key component in ensuring the effective exercise of the right enshrined in Article 20(2), point (b) and Article 22(1) TFEU. | (15) The accessibility, clarity and intelligibility of information on electoral rights and procedures are key components in ensuring the effective exercise of the right enshrined in Article 20(2), point (b) and Article 22(1) TFEU. |
| Text proposed by the Commission | Amendment |
|---|---|
| (16) The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), point (b), and Article 22(1) TFEU and the national rules and procedures regarding participation in and the organization of municipal elections. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms. | (16) In many Member States, there are differences in local government structures, and occasionally municipal elections are held on different periods in different parts of the same Member State. In this context, the lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), point (b), and Article 22(1) TFEU and the national rules and procedures regarding participation in and the organization of municipal elections. Cooperation and coordination should be strengthened and improved between national and local authorities in the Member State with regard to the registration of non-national Union citizens and to providing them with information on their electoral rights and procedures. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms, and at least upon registration for residence and sufficiently in advance of the next elections. |
| Text proposed by the Commission | Amendment |
|---|---|
| (16a) In order to avoid a situation in which the views of non-national Union citizens are disproportionately less represented than those of citizens who are nationals of the Member State concerned, Member States should provide appropriate information to Union citizens on the right to vote, including on technical arrangements in place for citizens with disabilities, on the administrative steps to exercise that right, as well as on the nature of the political system and traditions. |
| Text proposed by the Commission | Amendment |
|---|---|
| (17) In order to improve the accessibility of electoral information, such information should be made available in at least one other official language of the Union than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory. Member States may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing therein. | (17) In order to improve the accessibility of electoral information, such information should be made available in at least one other official language of the Union than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory. Member States should provide information, where possible, also in the native language of the non-national Union citizen, as indicated at the time of their registration. Member States may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing therein. When necessary, the Commission should provide support to Member States for the translation of registration and electoral procedures into the official and non-official languages of the European Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| (23) Data regarding the exercise of rights and the application of this Directive can be useful in the identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve the collection of data for municipal elections, it is necessary to introduce regular monitoring and reporting of implementation by Member States, which should include, besides statistical data, information on the measures taken to support participation in elections of non-national Union citizens. The Commission should assess the application of the Directive , including any changes in the electorate that have taken place since its entry into force and submit a report in this connection to the European Parliament and to the Council. | (23) Data regarding the exercise of rights and the application of this Directive is critical in the evaluation of Union policy regarding citizens’ rights and the identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to increase and improve the collection and reporting of data by Member States for municipal elections, it is necessary to introduce regular monitoring and to harmonise the reporting of implementation, which should include, besides uniform statistical data, information on the measures taken to support participation in elections of non-national Union citizens as well as on technical arrangements in place for citizens with disabilities and on all voting means, including possibilities of voting by way of postal voting, advance physical voting, proxy or electronic voting. The Commission should assess the application of the Directive, including any changes in the electorate that have taken place since its entry into force and submit a report in this connection to the European Parliament and to the Council. |
| Text proposed by the Commission | Amendment |
|---|---|
| (26) The Member States, by ratifying, and the Union, by concluding25 , have committed themselves to ensure compliance with the United Nations Convention on the Rights of Persons with Disabilities including on Article 29 on Participation in political and public life. In order to support inclusive and equal electoral participation for persons with disabilities, arrangements for Union citizens residing in a Member State of which they are not nationals to exercise the right to vote and to stand as a candidate there in municipal elections should have due regard to the needs of citizens with a disability and older citizens. | (26) The Member States, by ratifying, and the Union, by concluding25 , have committed themselves to ensure compliance with the United Nations Convention on the Rights of Persons with Disabilities including on Article 29 on Participation in political and public life. In order to increase inclusiveness and equal electoral participation for marginalised and vulnerable persons, in particular people with disabilities, arrangements for Union citizens residing in a Member State of which they are not nationals to exercise the right to vote and to stand as a candidate there in municipal elections should have due regard to the needs of these citizens. Furthermore, Member States should ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice. |
| 25 Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35). | 25 Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35). |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States may provide that only their own nationals may hold the office of elected head, deputy or member of the governing college of the executive of a basic local government unit if elected to hold office for the duration of their mandate. | deleted |
| The Member States may also lay down that the temporary or interim performance of the functions of a head, deputy or member of the governing college of the executive of a basic local government unit may be restricted to own nationals. | |
| Having regard to the Treaty and to general legal principles, Member States may take appropriate, necessary and proportional measures to ensure that the offices referred to in the first subparagraph can only be held and the interim functions referred to in the second subparagraph can be performed only by their own nationals. |
This deletion is connected to the aim of the Directive, which is to eliminate discrimination of mobile citizens as regards the exercise of their electoral rights
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States where voting is not compulsory may provide for the automatic registration of voters pursuant to Article 3 on the electoral roll. | 3. Both Member States where voting is not compulsory and Member States where voting is compulsory may provide for the immediate registration of voters pursuant to Article 3 on the electoral roll. Such registration requires the prior consent of the voter concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall take the necessary measures to enable a voter pursuant to Article 3 to be entered on the electoral roll sufficiently in advance of polling day. | 1. Member States shall take the necessary measures to enable a voter pursuant to Article 3 to be entered on the electoral roll sufficiently in advance of polling day. Following the consent of the non-national Union citizen concerned, Member States shall enable immediate registration on the electoral roll when the non-national Union citizen registers for residence. |
| Text proposed by the Commission | Amendment |
|---|---|
| Voters pursuant to Article 3 who have been entered on an electoral roll in the Member State of residence shall remain thereon, under the same conditions as voters who are nationals, until such a time as they are removed because they no longer satisfy the requirements for exercising the right to vote. Where Member States provide for the notification of nationals of their removal from the electoral roll, those provisions shall apply equally to voters pursuant to Article 3. | Voters pursuant to Article 3 who have been entered on an electoral roll in the Member State of residence shall remain thereon, under the same conditions as voters who are nationals, until such a time as they are removed because they no longer satisfy the requirements for exercising the right to vote. Where Member States provide for the notification of nationals of their removal from the electoral roll, those provisions shall apply equally to voters pursuant to Article 3. This notification shall be provided, where possible in the native language of the non-national, or in at least one other official language of the Union other than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. The Member State of residence shall establish a distinct electoral roll for municipal elections. The electoral roll for the municipal elections of the Member State of residence of voters pursuant to Article 3 shall not be automatically linked with the electoral roll for European elections of the respective Member State. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) in case of doubt regarding the content of the declaration pursuant to point (a), to produce before or after the election an attestation from the competent administrative authorities in their home Member State certifying that they have not been deprived of the right to stand as a candidate in that State or that no such disqualification is known to those authorities; | (b) in case of legitimate doubt regarding the content of the declaration pursuant to point (a), to produce before the election an attestation from the competent administrative authorities in their home Member State certifying that they have not been deprived of the right to stand as a candidate in that State or that no such disqualification is known to those authorities; |
The standard of 'legitimate' doubt offers more legal certainty, as does the verification of declarations before the election.
| Text proposed by the Commission | Amendment |
|---|---|
| Member States that provide for the possibility for nationals to vote by means of advance voting, postal voting, and electronic and internet voting in municipal elections shall ensure that such means of voting are also available under the same conditions to voters pursuant to Article 3. | Member States that provide for the possibility for nationals to vote by means of advance voting, postal voting, proxy voting and electronic and internet voting in municipal elections shall ensure that such means of voting are also available under the same conditions to voters pursuant to Article 3. Those voters shall also have the possibility of choosing or changing the desired means of voting under the same conditions as the nationals of the Member State of residence. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Member State of residence shall inform the concerned persons in good time and in clear and plain language of the decision taken on their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate. | 1. The Member State of residence shall inform the concerned persons in due time and in clear and plain language, in their mother tongue or preferred language, of the decision taken on their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Should Union citizens not be entered on the electoral roll or have their application form entry refused or have their application to stand as a candidate rejected, the person concerned shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals. | 2. Should Union citizens not be entered on the electoral roll or have their application form entry refused or have their application to stand as a candidate rejected, the person concerned shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals. The persons concerned shall be informed of those legal remedies in their mother tongue or preferred language. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In case of errors in the electoral roll or in the list of candidates for municipal elections, the person concerned shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals. | 3. In case of errors in the electoral roll or in the list of candidates for municipal elections, the person concerned shall be informed thereof in a timely manner and shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. The municipal authorities of the Member State of residence shall develop and increase awareness-raising and information campaigns concerning the right to vote and to stand as a candidate in municipal elections for non-national Union citizens, among others through cooperation with civil society organisations and a wide range of channels. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. The designated authority pursuant to paragraph 1 shall collaborate with other competent authorities to ensure that citizens are informed of their rights under this Directive as soon as they register for residence in the Member State concerned. Persons entitled to vote and to stand as candidates pursuant to Article 3 who establish their residence in a basic local government unit, shall automatically receive information about their rights under this Directive. That information shall also be provided periodically, sufficiently ahead of municipal elections, to all voters and persons entitled to stand as candidates pursuant to Article 3. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1c. Persons entitled to vote and to stand as candidates pursuant to Article 3 shall be informed about their registration in the electoral roll for municipal elections and that European elections have a different electoral roll. |
There is the need to increase the awareness of mobile citizens of their rights under the distinct electoral systems. There are two types of elections, with different purposes, and therefore this should be reflected in the electoral rolls. There are mobile citizens who wish to vote in the Member State where they reside in local elections, and for the European elections in the Member State of origin. This is why they might be reluctant to be in a single electoral roll. Two different rolls would help them make an informed choice and thus avoid any confusion.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) once available, the date of the election and how and where to vote, | (b) once available, the date of the election and how and where to vote, as well as the measures taken to facilitate the participation in the vote by people with disabilities; |
| Text proposed by the Commission | Amendment |
|---|---|
| The information referred to in the first subparagraph shall, in addition to being communicated in one or more of the official languages of the host Member State also be accompanied by a translation in at least one other official language of the Union that is broadly understood by the largest possible number of European Union citizens residing on its territory, in accordance with the quality requirements in Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council28 . | The information referred to in the first subparagraph shall, in addition to being communicated in one or more of the official languages of the host Member State also be accompanied by a translation where possible in the native language of the voters and persons entitled to stand as candidates pursuant to Article 3, or in the official languages of the Union other than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory, in accordance with the quality requirements in Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council28 . Member States and their designated authorities shall provide persons entitled to vote and to stand as candidates in municipal elections pursuant to Article 3 with easy and clear access to information about municipal elections, including the information referred to in the first subparagraph, and about the electoral calendar, nature, features and peculiarities, and history of the political and electoral system and traditions of the Member State, where possible in native language of those persons, or in the official languages of the Union other than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on their territory. That language will be determined at the time of registration on the electoral rolls. |
| 28 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1–38) | 28 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1–38) |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in municipal elections and information referred to in paragraph 2 is made accessible to persons with disabilities and older persons by using appropriate means, modes and formats of communication. | 4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in municipal elections and information referred to in paragraph 2 is made accessible to persons with disabilities and older persons by applying the accessibility requirements laid down in Annex I of Directive (EU) 2019/8821a and by using appropriate means, modes and formats of communication, such as sign language, Braille or easy-to-read format, in the official languages of the Union that are understandable to them. Member States may ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice. |
| 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where, in a given Member State, the proportion of Union citizens of voting age who reside in it but are not nationals of it exceeds 20% of the total number of national and non-national Union citizens residing there who are of voting age, that Member State may, by way of derogation from this Directive: | deleted |
| (a) restrict the right to vote to voters pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than the term for which the representative council of the municipality is elected; | |
| (b) restrict the right to stand as a candidate to persons entitled to stand as candidates pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than twice the term for which the representative council of the municipality is elected; and | |
| (c) take appropriate measures with regard to the composition of lists of candidates to encourage in particular the integration of Union citizens , who are nationals of another Member State. |
These changes are required in order to comply with the principle of non-discrimination and ensure the democratic rights of EU citizens who have exercised their right to live, work or study in a Member State of which they are not nationals. The exemption rules foreseen in the Directive need to be adapted. Every Union citizens no matter where they live should have the right to vote even if there are many not-national EU citizens living in that Member State.
| Text proposed by the Commission | Amendment |
|---|---|
| Reporting | Data collection and reporting |
this AM connects to AM 19 and therefore necessary for pressing reasons relating to the internal logic of the text and the amendment is inextricably linked to other admissible amendments.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Within three years of the entry into force of this Directive and every four years thereafter, the Member States shall report to the Commission on the application of this Directive in their territory, including on the application of Article 5(3) and (4). The report shall contain statistical data on the participation in municipal elections of voters and candidates pursuant to Article 3 and a summary of measures taken in that regard. | 1. Within two years of the entry into force of this Directive and every four years thereafter, the Member States shall report to the Commission on the application of this Directive in their territory, including on the application of Article 5(3) and (4). The report shall contain uniform statistical data on the participation in municipal elections of voters and candidates pursuant to Article 3 and a detailed overview of measures taken to facilitate and encourage this participation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. The Commission is empowered to adopt delegated acts in accordance with Article 16 concerning a template and the form of the data to be collected for the purposes of paragraph 1 of this Article. |
| Text proposed by the Commission | Amendment |
|---|---|
| Within two years after the 2029 elections to the European Parliament, the Commission shall assess the application of this Directive and produce an evaluation report on the progress towards achievement of the objectives contained herein. | Within one year after the 2029 elections to the European Parliament, the Commission shall assess the application of this Directive and produce an evaluation report on the progress towards achievement of the objectives contained herein. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The power to adopt delegated acts referred to in Articles 2, 8 and 9 shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Directive. | 2. The power to adopt delegated acts referred to in Articles 2, 8, 9 and 14(2a) shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Directive. |
Procedure pages and committee votes
How the committees handled the text and how their members voted on it. Collapsed.
Procedure – committee asked for opinion 1 block
| Title | Laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast) | ||
| References | COM(2021)0733 – C9-0022/2022 – 2021/0373(CNS) | ||
| Committee responsible Date announced in plenary | LIBE 27.1.2022 | ||
| Opinion by Date announced in plenary | AFCO 27.1.2022 | ||
| Rapporteur for the opinion Date appointed | Alin Mituța 10.2.2022 | ||
| Discussed in committee | 28.3.2022 | 20.6.2022 | 13.7.2022 |
| Date adopted | 26.10.2022 | ||
| Result of final vote | +: –: 0: | 19 3 1 | |
| Members present for the final vote | Gerolf Annemans, Gabriele Bischoff, Włodzimierz Cimoszewicz, Gwendoline Delbos-Corfield, Salvatore De Meo, Daniel Freund, Charles Goerens, Brice Hortefeux, Laura Huhtasaari, Victor Negrescu, Paulo Rangel, Antonio Maria Rinaldi, Domènec Ruiz Devesa, Jacek Saryusz-Wolski, Pedro Silva Pereira, Sven Simon, Loránt Vincze, Rainer Wieland | ||
| Substitutes present for the final vote | François Alfonsi, Seán Kelly, Alin Mituța, Maite Pagazaurtundúa | ||
| Substitutes under Rule 209(7) present for the final vote | Caterina Chinnici, Geoffroy Didier |
Final vote by roll call in committee asked for opinion 3 blocks
19 · For
- EPP
- Salvatore De Meo, Geoffroy Didier, Brice Hortefeux, Paulo Rangel, Sven Simon, Loránt Vincze, Rainer Wieland
- Renew
- Charles Goerens, Alin Mituța, Maite Pagazaurtundúa
- S&D
- Gabriele Bischoff, Caterina Chinnici, Włodzimierz Cimoszewicz, Victor Negrescu, Domènec Ruiz Devesa, Pedro Silva Pereira
- Greens
- François Alfonsi, Gwendoline Delbos Corfield, Daniel Freund
Procedure – committee responsible 1 block
| Title | Laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast) | |
| References | COM(2021)0733 – C9-0022/2022 – 2021/0373(CNS) | |
| Date Parliament was consulted | 25.11.2021 | |
| Committee responsible Date announced in plenary | LIBE 27.1.2022 | |
| Committees asked for opinions Date announced in plenary | AFCO 27.1.2022 | |
| Rapporteurs Date appointed | Joachim Stanisław Brudziński 20.4.2022 | |
| Discussed in committee | 10.10.2022 | |
| Date adopted | 12.1.2023 | |
| Result of final vote | +: –: 0: | 51 3 7 |
| Members present for the final vote | Abir Al-Sahlani, Malik Azmani, Vladimír Bilčík, Malin Björk, Vasile Blaga, Patrick Breyer, Saskia Bricmont, Joachim Stanisław Brudziński, Jorge Buxadé Villalba, Patricia Chagnon, Clare Daly, Lena Düpont, Lucia Ďuriš Nicholsonová, Laura Ferrara, Andrzej Halicki, Evin Incir, Sophia in ‘t Veld, Patryk Jaki, Marina Kaljurand, Fabienne Keller, Łukasz Kohut, Moritz Körner, Alice Kuhnke, Jeroen Lenaers, Lukas Mandl, Erik Marquardt, Nadine Morano, Javier Moreno Sánchez, Theresa Muigg, Maite Pagazaurtundúa, Paulo Rangel, Karlo Ressler, Isabel Santos, Birgit Sippel, Sara Skyttedal, Vincenzo Sofo, Tineke Strik, Ramona Strugariu, Yana Toom, Milan Uhrík, Tom Vandendriessche, Elena Yoncheva | |
| Substitutes present for the final vote | Loucas Fourlas, Beata Kempa, Ondřej Kovařík, Alessandra Mussolini, Matjaž Nemec, Sira Rego, Thijs Reuten, Domènec Ruiz Devesa, Loránt Vincze, Petar Vitanov, Tomáš Zdechovský | |
| Substitutes under Rule 209(7) present for the final vote | Asim Ademov, Gunnar Beck, Isabel Benjumea Benjumea, Marian-Jean Marinescu, René Repasi, Antonio Maria Rinaldi, Mounir Satouri, Jörgen Warborn | |
| Date tabled | 23.1.2023 |
Final vote by roll call in committee responsible 3 blocks
51 · For
- EPP
- Asim Ademov, Isabel Benjumea Benjumea, Vladimír Bilčík, Vasile Blaga, Lena Düpont, Loucas Fourlas, Andrzej Halicki, Jeroen Lenaers, Lukas Mandl, Marian-Jean Marinescu, Nadine Morano, Alessandra Mussolini, Paulo Rangel, Karlo Ressler, Sara Skyttedal, Loránt Vincze, Jörgen Warborn, Tomáš Zdechovský
- S&D
- Evin Incir, Marina Kaljurand, Łukasz Kohut, Javier Moreno Sánchez, Theresa Muigg, Matjaž Nemec, René Repasi, Thijs Reuten, Domènec Ruiz Devesa, Isabel Santos, Birgit Sippel, Petar Vitanov, Elena Yoncheva
- Renew
- Abir Al-Sahlani, Malik Azmani, Lucia Ďuriš Nicholsonová, Sophia in 't Veld, Fabienne Keller, Moritz Körner, Ondřej Kovařík, Maite Pagazaurtundúa, Ramona Strugariu, Yana Toom
- Greens
- Patrick Breyer, Saskia Bricmont, Alice Kuhnke, Erik Marquardt, Mounir Satouri, Tineke Strik
- The Left
- Malin Björk, Clare Daly, Sira Rego
- No group
- Laura Ferrara
Connections
The dossier, the decisions on this text and its other versions.
No connections found for this item.
Sources & citation
Where the facts on this page come from, and how to cite it.
- Official source
- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2023). “REPORT on the proposal for a Council directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast)”. Text, 23 January 2023. docId A-9-2023-0005, reference A9-0005/2023. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/A-9-2023-0005 (retrieved 25 September 2026). Official source: The text on the European Parliament’s website, https://www.europarl.europa.eu/doceo/document/A-9-2023-0005_EN.html. Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/A-9-2023-0005 (CC BY 4.0).
BibTeX
@misc{epw-text-a-9-2023-0005,
author = {{European Parliament}},
title = {{REPORT on the proposal for a Council directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast)}},
year = {2023},
date = {2023-01-23},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/A-9-2023-0005}},
url = {https://news.eu-parl.st-solutions.dev/texts/A-9-2023-0005},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId A-9-2023-0005, reference A9-0005/2023. Official source: https://www.europarl.europa.eu/doceo/document/A-9-2023-0005\_EN.html. Data: EP Open Data API: document record (CC BY 4.0)}
}