Text · Comparison of two versions
Changes from plenary report to adopted text
A-9-2023-0005 → TA-9-2023-0038
- From
- A-9-2023-0005 Plenary report of 23 Jan 2023
- To
- TA-9-2023-0038 Adopted text of 14 Feb 2023
- Changes
- 33 changes to the text
- Paragraphs
- +5 added · −20 removed · 33 changed
More facts (2)
- Title (from)
- 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)
- Title (to)
- Electoral rights of mobile Union citizens in municipal elections
Changes that matter, 33
Changes to the text in document order — the ones the change notes describe. Cover page, renumbering and punctuation-only edits are left out (see “Every difference”); changes to citations and references stay in and are marked as formal in the notes.
Change 1
ChangedRecital 1 a (new): (1 a)(1a) The 1992 Treaty on European Union (‘the(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,organise, 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.
Change 2
ChangedRecital 5: (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 UNUnited Nations 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.
Change 3
ChangedRecital 7: (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,needs, in any event, to be justified.
Change 4
ChangedRecital 8 a (new): (8 a)(8a) 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.
Change 5
ChangedRecital 8 b (new): (8 b)(8b) To enable EuropeanUnion 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.
Change 6
ChangedRecital 10: (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 ondepriving deprivationUnion citizens of legal capacity due to disability taken by thetheir home Member State should not make Unionrender citizensthem ineligible fromto standingstand as a candidatecandidates in their Member State of residence ifprovided that the law of thatthe Member State of residence upholds that right tofor all persons with such disabilities without restrictions.
Change 7
ChangedRecital 16: (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 competencesthe powers of basic local government units. Such authorities should coordinate information campaigns together with local authorities and, whenever possible civil society organisations, and they should 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.
Change 8
ChangedRecital 17: (17) In order to improve the accessibility of electoral information, such information should be made available in all official Union languages of the Union and where offered by the authorities, in the preferedpreferred 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 Unionlanguages languages.of the Union.
Show 25 more changes
Change 9
ChangedArticle 2 – paragraph 1 – point d a (new): (d a)(da) '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;
Change 10
ChangedArticle 2 – paragraph 1 – point d b (new): (d b)(db) '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;
Change 11
ChangedArticle 5 – paragraph 1: 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 ondepriving deprivationUnion citizens of legal capacity due to disability taken by thetheir home Member State shall not make Unionrender citizensthem ineligible fromto standingstand as a candidatecandidates in municipal elections in their Member State of residence ifprovided that the law of thatthe Member State of residence upholds that right tofor all persons with such disabilities without restrictions.
Change 12
ChangedArticle 8 – paragraph 2 – introductory part:subparagraph 2.1: 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.
Change 13
ChangedArticle 8 – paragraph 2 – subparagraph 1:2: 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 Member 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 Unionlanguages languages,of the Union, or, where offered by the competent authority, other languages.
Change 14
ChangedArticle 8 – paragraph 3 – introductorysubparagraph part:1: 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.
Change 15
ChangedArticle 9 – paragraph 2 – point a: (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 formal 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 Member State;
Change 16
ChangedArticle 9 – paragraph 2 – point e a (new): (e a)(ea) if they so wish, indicate one or more language preferenceslanguages in which they would like to receive the information referred to in Article 12(2), selected amongfrom the official Unionlanguages languages,of the Union, or, where offered by the competent authority, other languages.
Change 17
ChangedArticle 10 – paragraph 1: Member States shall endevourendeavour to provide for the possibility to vote by means of postal voting in municipal elections. Where possibilitiesMember States allow their nationals to vote by means of postal voting, advance voting, proxy voting or electronic and internet voting are available in municipal elections to their nationals, Memberelections, Statesthey shall ensure that such means of voting are also available under the same conditions to Union voters.
Change 18
ChangedArticle 11 – paragraph 3 a (new): 3 a.3a. 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 providedindicated such a language preference.
Change 19
ChangedArticle 12 – paragraph 2 – point b: (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,applicable;
Change 20
ChangedArticle 12 – paragraph 2 – point b a (new): (b a)(ba) the specific measures to facilitate the exercise of the right to vote tofor particular groups of voters, such as persons with disabilities,
Change 21
ChangedArticle 12 – paragraph 2 – point b b (new): (b b)(bb) information on the electoral and political system, including competencesthe powers of basic local government units,
Change 22
ChangedArticle 12 – paragraph 3 – introductory part:subparagraph 3.1: 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 Unionlanguages languages,of the Union, 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.
Change 23
ChangedArticle 12 – paragraph 3 – subparagraph 1:2: deleted / (deleted)
Change 24
ChangedArticle 12 – paragraph 3 a (new): 3 a.3a. 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 2,2 of this Article, is made available to thesethose citizens in a clear and accessible manner, in all official languages of the Union, where necessary, including via Europe Direct and Your Europe.
Change 25
ChangedArticle 12 – paragraph 4: 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 as laid down in Annex I ofto Directive (EU) 2019/8821a2019/882 of the European Parliament and of the Council 1a and 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)70).
Change 26
ChangedArticle 14 – title: Data collection and Reportingreporting
Change 27
ChangedArticle 14 – paragraph 1: 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. ThisThose data shall be collected in a transparent, uniform, and secure way, based on common indicators.
Change 28
ChangedArticle 14 – paragraph 1 a (new): 1 a.1a. 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.
Change 29
ChangedArticle 16 – paragraph 2: 2. The power to adopt delegated acts referred to in ArticlesArticle 2(2), Article 8(4), Article 9(3) and Article 14(1a) shall be conferred on the Commission for an indeterminate period of time from the... [date of entry into force of this Directive.Directive].
Change 30
ChangedArticle 16 – paragraph 3: 3. The delegation of power referred to in ArticlesArticle 2(2), Article 8(4), Article 9(3) and Article 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.
Change 31
ChangedArticle 16 – paragraph 6: 6. A delegated act adopted pursuant to ArticlesArticle 2(2), Article 8(4), Article 9(3) and Article 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.
Change 32
ChangedArticle 19 – paragraph 2: Articles 1 to 7, Article 8(1) and Article 11(2) shall apply from 31 December 2023.
Change 33
Removed8.11.2022
RemovedLETTER OF THE COMMITTEE ON LEGAL AFFAIRS
RemovedMr Juan Fernando López Aguilar
RemovedChair
RemovedCommittee on Civil Liberties, Justice and Home Affairs
RemovedBRUSSELS
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RemovedSubject: 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))
RemovedDear Mr Chair,
RemovedThe Committee on Legal Affairs has examined the proposal referred to above pursuant to Rule 110 on Recasting of Parliament's Rules of Procedure.
RemovedParagraph 3 of that Rule reads as follows:
Removed“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.
RemovedIn 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.
RemovedHowever, 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.”
RemovedFollowing 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.
RemovedIn 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.
RemovedYours sincerely,
RemovedAdrián Vázquez Lázara
Sources & citation
Where the facts on this page come from, and how to cite it.
- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2023). “Changes between A-9-2023-0005 and TA-9-2023-0038”. Text, 14 February 2023. from A-9-2023-0005, to TA-9-2023-0038. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/A-9-2023-0005/compare/TA-9-2023-0038 (retrieved 25 September 2026). Data: European Parliament Open Data, https://data.europarl.europa.eu/ (CC BY 4.0).
BibTeX
@misc{epw-text-2023-02-14,
author = {{European Parliament}},
title = {{Changes between A-9-2023-0005 and TA-9-2023-0038}},
year = {2023},
date = {2023-02-14},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/A-9-2023-0005/compare/TA-9-2023-0038}},
url = {https://news.eu-parl.st-solutions.dev/texts/A-9-2023-0005/compare/TA-9-2023-0038},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. from A-9-2023-0005, to TA-9-2023-0038. Data: European Parliament Open Data (CC BY 4.0)}
}