Changes from report parliamentary committee draft to report parliamentary committee draft

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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 elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals (recast)

Changed(COM(2021)0732 – C90021/2022C9-0021/2022 – 2021/0372(CNS))

(Special legislative procedure – consultation – recast)

The European Parliament,

Changed– having regard to the Commission proposal to the Council (COM(2021)0372),draft (09789/2024),

Added– having regard to the Commission proposal to the Council (COM(2021)0732),

– having regard to Article 22(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0021/2022),

– 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 from the Committee on Legal Affairs to the Committee on Constitutional Affairs in accordance with Rule 110(3)113(3) of its Rules of Procedure,

Changed– having regard to Rules 110113 and 8284 of its Rules of Procedure,

Changed– having regard to the position in the form of amendmentsopinion of the Committee on Civil Liberties, Justice and Home Affairs,

Changed– having regard to the report of the Committee on Constitutional Affairs (A9-0000/2022),(A100000/2025),

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;

Change 1

Removed1. Approves the Commission proposal as amended below;

Added1. Approves the Council draft as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Change 2

Changed3. Asks the Council to consult Parliament again if it intends to substantially amend the Commissiontext proposalapproved substantially;by Parliament;

4. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 3

RemovedRecital 1 a (new): (1a) 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 goals was to introduce European Union citizenship, which was to be conferred to all peoples of the Member States or Union citizens with the aim of strengthening the protection of the rights and interests of all Union citizens.

RemovedNecessary for the internal coherence of the text as it clarifies the importance of the ability to stand and vote in EU elections

RemovedRecital 1 b (new): (1b) Every Union citizen has the right to participate in the democratic life of the Union. It is imperative that all Union citizens, including mobile Union citizens, can fully exercise their political rights in the context of the elections to the European Parliament, both as candidates and as voters. There is a danger that the loss of acquired political rights for Union citizens as a result of European mobility will impede participation in elections to the European Parliament for mobile voters. The creation of a fully European democracy entails the progressive convergence of political rights among Union citizens when voting for, and standing as, candidates for elections to the European Parliament on the national electoral lists of either their home or host Member State, or the Union-wide list, in the event of its establishment.

RemovedNecessary for the internal coherence of the text as it clarifies the importance of the ability to stand and vote in EU elections.

RemovedRecital 1 c (new): (1c) By its legislative resolution of 3 May 2022 on the proposal for a Council Regulation on the election of the members of the European Parliament by direct universal suffrage, repealing Council Decision (76/787/ECSC, EEC, Euratom) and the Act concerning the election of the members of the European Parliament by direct universal suffrage annexed to that Decision, the European Parliament proposed a new European Electoral Act on the basis of Article 223(1) of the Treaty on the Functioning of the European Union (TFEU), establishing electoral standards for Member States and enhancing the EU’s democratic legitimacy via the establishment of Union-wide lists. The right of mobile citizens to vote and stand as candidates should apply in all electoral lists and constituencies identified under the Act, including in the event of the establishment of a Union-wide constituency, in order to ensure that the principle of non-discrimination is upheld.

RemovedNecessary for the internal coherence of the text as it clarifies the importance of the ability to stand and vote in EU election. Necessary for the coherence with European Parliament’s proposal for a new European Electoral Act.

RemovedRecital 1 d (new): (1d) In that legislative resolution of 3 May 2022, additional rules were proposed with the aim of increasing voter turnout in the elections to the European Parliament by making voting as accessible and easy as possible, and thereby bringing European democracy and electoral foundations into the 21st century. This would be achieved by harmonising the minimum voting age to 16, introducing a pan-European electoral roll, improving accessibility requirements for people with disabilities and introducing postal voting for all Union citizens and additional means of voting such as proxy, electronic or advanced voting.

RemovedNecessary for the internal coherence of the text as it clarifies the importance of the ability to stand and vote in EU election. Necessary for the coherence with European Parliament’s proposal for a new European Electoral Act.

RemovedRecital 1 e (new): (1e) Furthermore, that legislative resolution of 3 May 2022 addresses the current diverging national electoral cultures which have resulted in a range of different electoral systems, including differences in the right to stand in the elections to the European Parliament. The resolution calls for the harmonisation of the minimum age for standing in elections and for the introduction of zipped lists or quotas to ensure gender equality; it also calls for common minimum democratic standards as regards the right to register a political party, an association of voters or another European electoral entity and to stand for elections, access to ballots and the fielding of candidates so as to ensure greater use of common democratic scrutiny procedures, as well as the avoidance of factors inhibiting political innovation across the Union, including in respect of mobile EU citizens.

RemovedNecessary for internal coherence and the provision of clarification on the importance of the ability to run and vote in EU election. Necessary for the coherence with European Parliament’s proposal for a new European Electoral Act.

RemovedRecital 1 f (new): (1f) The European Parliament’s legislative resolution of 3 May 2022 also calls for the establishment of a European Electoral authority in charge of coordinating information on the European elections, monitoring the implementation of, and resolving disputes concerning, the common standards of the European electoral law, managing the European electoral roll, proclaiming the electoral results, and supervising the exchange of information on voting by citizens of the Union outside their home country. It would be possible for such a body to facilitate an efficient exchange of information, and in particular the sharing of best practices, between national bodies, thereby facilitating the detection, and avoidance, of double voting.

RemovedNecessary for internal coherence and the provision of clarification on the importance of the ability to run and vote in EU election. Necessary for the coherence with European Parliament’s proposal for a new European Electoral Act.

RemovedRecital 5: (5) Article 20 (2) TFEU is without prejudice to Article 223(1) TFEU , which provides for the establishment of a uniform procedure for elections to the European Parliament in all Member States in accordance with principles common to all Member States.

RemovedNecessary for clarity and coherence.

RemovedRecital 6 a (new): (6a) Non-national Union citizens should receive information about the possibility of voting or standing 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 European elections, in a timely manner, to all voters and persons entitled to stand as candidates in accordance with the conditions governing the right to vote and stand as a candidate provided for in this Directive. Moreover, non-national Union citizens should be duly and regularly informed about their specific rights under the European electoral system.

RemovedNecessary for internal coherence and the provision of clarification on the importance of the ability to run and vote in EU elections. Based on the aim and internal logic of the text to facilitate that a maximum participation by mobile EU citizens is ensured.

RemovedRecital 8: (8) In line with International and European standards, including, the requirements of International Covenant on Civil and Political Rights and the law of the European Convention on Human Rights, Member States should not only recognize and respect the right of Union citizens to vote and to stand as a candidate but also make access to their electoral rights as democratic, proportionate and value-based and as easy as possible by removing financial and undemocratic obstacles to participation in elections.

RemovedRecital 9: (9) 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, automatic registration as a voter should be made possible once those voters have expressed their wish to vote and stand as a candidate in their Member State of residence. Where automatic registration has not occurred, 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, 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.

RemovedAutomatic registration is consistent with the current legal framework and is the best guarantee to increase the uptake of “mobile citizens” in the democratic life of the host country. The freedom to choose does not prevent automatic registration, which in itself does not exclude a right to opt out Based on the aim and internal logic of the text to facilitate that a maximum participation by mobile EU citizens is ensured. It forms a whole with AM 13.

RemovedRecital 11: (11) In order to ensure equal treatment of non-national Union citizens seeking to exercise the right to stand as candidates for election in their Member State of residence, such citizens should be required to produce the same supporting documents as those required from candidates who are nationals of the Member State concerned. However, in order to establish that such citizens are beneficiaries of the right laid down in Article 20(2)(b) and Article 22(2) TFEU, in duly justified cases, Member States should be able to require the production of a formal declaration that includes elements necessary to evidence their entitlement to stand in the elections in question.

RemovedThe registration requirements for running on an electoral list in the host Member State should be the same for non-national EU citizens as it should be for nationals and only in justifiable cases should there be additional requirements such as formal declarations. Based on the aim and internal logic of the text to facilitate that a maximum participation by mobile EU citizens is ensured.

RemovedRecital 12: (12) In order to facilitate the accurate identification of voters and candidates registered both in their home Member State and in their Member State of residence, the list of data to be required from Union citizens, when automatically registered or after the submission of an application to enter the electoral rolls or to stand as candidates in the Member State of residence, should include the personal identification number or the serial number of a valid identity or travel document.

RemovedAutomatic registration is consistent with the current legal framework and is the best guarantee to increase the uptake of “mobile citizens” in the democratic life of the host country. The freedom to choose does not prevent automatic registration, which in itself does not exclude a right to opt out. Based on the aim and internal logic of the text to facilitate that a maximum participation by mobile EU citizens is ensured. It is also linked to AM 13.

RemovedRecital 13: (13) Union citizens who have been deprived of their right to vote and to stand as candidates, on the basis of an individual civil law or criminal law decision taken by the competent authority, should be precluded from exercising that right in the Member State of residence in elections to the European Parliament. Upon automatic registration or when receiving an application for registration as a voter, Member States may require from the citizen concerned a formal declaration confirming that they have not been deprived of their right to vote. When they stand as candidates in their country of residence, it should be possible to require that Union citizens produce a statement confirming that they have not been deprived of the right to stand in the elections to the European Parliament. Those requirements should apply only when they are also applicable to the nationals of the Member State of residence.

RemovedRecital 17: (17) The information exchange between Member States to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same election should not prevent their nationals from voting or standing as candidates in other types of elections. To facilitate communication between national authorities, Member States should be required to designate a helpdesk as a facilitator and seek the support of civil society organisations for that information exchange. A secure tool was developed by the Commission to be used by the Member States under their responsibility to exchange the necessary data. That secure tool should be incorporated in this Directive, to further support exchanges between Member States’ competent authorities. Member States will act as separate controllers for their processing of personal data in this regard.

RemovedRecital 20: (20) 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(2) TFEU and the national rules and procedures regarding participation in and the organization of elections to the European Parliament. In order to encourage non-national Union citizens to actively seek such information, Member States should also ensure that itis made widely available through a wide range of channels, including through targeted cooperation projects between civil society organisations, the designated national authorities and the European electoral authority. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms and in a timely manner, taking into account the fact that Parliament’s legislative resolution of 3 May 2022 provides for electoral rolls to be closed 14 weeks and for candidates to be announced 12 weeks before the polling day.

RemovedNecessary for internal coherence and linked to AM 14. Additionally, this specific timeframe is needed for the article to be coherent with the logic of amendment in Art. 12. par. 1, where it is defined when the electoral polls should close.

RemovedRecital 20 a (new): (20a) In order to avoid a situation in which the views of non-national Union citizens are proportionately less represented than those of citizens who are nationals of the Member States concerned, due to low turnout related to the lack of familiarity with the political landscape, Member States should provide appropriate information to Union citizens on the right to vote and on the administrative steps to exercise that right, as well as on the nature of the political system and traditions. Such information should be provided when the residence of non-national Union citizens is registered, either automatically or upon request, and should also be sent periodically, before European elections.

RemovedNecessary for internal coherence and the provision of clarification on the importance of the ability to run and vote in EU elections. Based on the aim and internal logic of the text to facilitate that a maximum participation by mobile EU citizens is ensured. Part of proposals in AMs 8 and 13.

RemovedRecital 21: (21) In order to improve the accessibility of electoral information, such information should be made available in all official languages of the Union.

RemovedThis deletion is connected to the aim and internal logic of the Directive, which is to eliminate discrimination of mobile citizens as regards the exercise of their electoral rights.

RemovedRecital 22: deleted

RemovedNecessary 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.

RemovedRecital 23: deleted

RemovedAs per Amendments 18 and 43, 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 vote, 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.

RemovedRecital 24: deleted

RemovedDeletion is necessary for the clarity and coherence of the proposal and follows from the deletion of recitals 22 and 23.

RemovedRecital 26: (26) 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 elections to the European Parliament, it is necessary to introduce regular monitoring and reporting of implementation by Member States on the basis of common indicators. In parallel, the Commission should assess the application of this Directive, and submit a report including such an assessment to the European Parliament and to the Council, after each election to the European Parliament.

RemovedRecital 27: (27) It is necessary that the Commission conduct its own evaluation of the application of this Directive no later than two years after each election to the European Parliament, accompanied, if appropriate, by a legislative proposal to amend this Directive.

RemovedA regular evaluation of the functioning of this Directive is necessary to adapt rules to the changing societal, demographic and democratic circumstances in which the Union finds itself. This is in line with the review proposed by the European Parliament in the European Electoral Law Act.

RemovedRecital 29: (29) The Member States, by ratifying, and the Union, by concluding27, the United Nations Convention on the Rights of Persons with Disabilities have committed themselves to ensure compliance with that Convention. 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 elections to the European Parliament should have due regard to the needs of citizens with a disability and older citizens. In particular, Member States should implement appropriate arrangements tailored to their national voting procedures to facilitate voting by citizens with disabilities, such as the possibility to choose polling stations, closed polling stations in key locations, 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 consider introducing complementary tools to facilitate voting, such as advance physical voting and proxy voting, as well as electronic and online voting.