Changes from plenary report to adopted text

RemovedDRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

AddedP9_TA(2023)0038

Removedon 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)

AddedElectoral rights of mobile Union citizens in municipal elections

Removed(COM(2021)0733 – C90022/2022 – 2021/0373(CNS))

AddedCommittee on Civil Liberties, Justice and Home Affairs

AddedPE736.363

AddedEuropean Parliament legislative resolution of 14 February 2023 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) (COM(2021)0733 – C9-0022/2022 – 2021/0373(CNS))

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(Special legislative procedure – consultation – recast)

The European Parliament,

– having regard to the Commission proposal to the Council (COM(2021)0733),

– 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,

Changed– having regard to the letter of 8 November 2022 sent byfrom 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,

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– having regard to Rules 110 and 82 of its Rules of Procedure,

– having regard to the opinion of the Committee on Constitutional Affairs,

– 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.

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.

Recital 3: (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.

Recital 4: (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.

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.

Recital 6: (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.

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.

Recital 8: (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.

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.

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Recital 11: deleted

Recital 12: deleted

Recital 14: (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.

Recital 15: (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.

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.

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Recital 18: (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.

Recital 19: deleted

Recital 20: deleted

Recital 21: deleted

Recital 22: deleted

Recital 23: (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.

Recital 24: (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.

Recital 26: (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 fac…

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;

Article 4 – paragraph 1: 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.

Article 4 – paragraph 2: 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.

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.

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Article 5 – paragraph 3: deleted / (deleted) / (deleted)

Article 5 – paragraph 4: deleted

Article 6 – paragraph 1: 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.

Article 7 – paragraph 1: 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.

Article 7 – paragraph 2: 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.

Article 7 – paragraph 3: 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.

Article 8 – paragraph 1: 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.

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.