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REPORT (COM(2021)0732 – C90021/2022 – 2021/0372(CNS))

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)

A-9-2022-0297

Committee on Constitutional Affairs · Rapporteur: Damian Boeselager

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Parliament's amended version of the proposed directive on EU citizens' voting rights in European Parliament elections in their host member state. It updates rules on registration, information, and data exchange, and removes derogations. The text requires member states to inform non-national citizens of their rights, allow immediate voter registration, and ensure equal treatment with nationals. It also mandates data collection and evaluation after each election.

Committee position. The Committee on Constitutional Affairs proposes to approve the Commission proposal as amended, with changes to strengthen information, registration, and accessibility, and to delete derogations.

Key points

  1. Non-national Union citizens have the right to choose to vote in their member state of residence or home member state; no one may vote more than once.
  2. Member states must enable immediate registration as voters for non-national citizens upon their registration as residents, subject to their consent and prior information.
  3. Voter registration must be possible no later than 14 weeks before polling day, and as soon as the voter is registered as a resident.
  4. Member states must provide clear, timely information in an official EU language understandable to the citizen, including about the choice of voting country and the prohibition on double voting.
  5. Information must be accessible to vulnerable groups, including persons with disabilities, older persons, homeless people, and prisoners who retain voting rights, using formats like Braille and sign language.
  6. Member states must exchange information to prevent multiple voting and multiple candidacies, starting no later than 16 weeks before the electoral period.
  7. Member states must consider introducing complementary voting tools such as postal, advance, proxy, and online voting, and ensure they are available to Union voters under the same conditions as nationals.
  8. The derogations allowing member states to impose residence requirements for voting or candidacy are deleted.
  9. Member states must collect and report data on participation based on common indicators, and the Commission must evaluate the directive within 18 months after each European election.

Who is affected

  • Non-national Union citizens residing in another member state: gain clearer rights to vote and stand, with easier registration and better information.
  • Member states: must implement immediate registration, provide accessible information, and exchange data to prevent double voting.
  • National political parties: encouraged not to make membership conditional on nationality.
  • Civil society organisations: to be involved in awareness campaigns and may receive financial resources.

Figures and deadlines

  • 14 weeks before polling day: deadline for voter registration.
  • 16 weeks before the first day of the electoral period: start of information exchange.
  • 18 months after each European election: Commission evaluation report.

Legal basis: Article 22(2) of the Treaty on the Functioning of the European Union