Sittings · Document

DRAFT REPORT (COM(2021)0732 – C90021/2022 – 2021/0372(CNS)) 2022-07-20

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)

Committee on Constitutional Affairs · Rapporteur: Damian Boeselager

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)

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

(Special legislative procedure – consultation – recast)

The European Parliament,

– having regard to the Commission proposal to the Council (COM(2021)0372),

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,

– having regard to the letter of [...] from the Committee on Legal Affairs to the Committee on Constitutional Affairs in accordance with Rule 110(3) of its Rules of Procedure,

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

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

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

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 amended below;

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

3. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Amendment 1

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission	Amendment
	(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.

Or. en

Justification

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

Amendment 2

Proposal for a directive

Recital 1 b (new)

Text proposed by the Commission	Amendment
	(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.

Or. en

Justification

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

Amendment 3

Proposal for a directive

Recital 1 c (new)

Text proposed by the Commission	Amendment
	(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.

Or. en

Justification

Necessary 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.

Amendment 4

Proposal for a directive

Recital 1 d (new)

Text proposed by the Commission	Amendment
	(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.

Or. en

Justification

Amendment 5

Proposal for a directive

Recital 1 e (new)

Text proposed by the Commission	Amendment
	(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.

Or. en

Justification

Necessary 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.

Amendment 6

Proposal for a directive

Recital 1 f (new)

Text proposed by the Commission	Amendment
	(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.

Or. en

Justification

Amendment 7

Proposal for a directive

Recital 5

Text proposed by the Commission	Amendment
(5) Article 20 (2) TFEU is without prejudice to Article 223(1) TFEU , which provides for the establishment of a uniform procedure in all Member States in accordance with principles common to all Member States for those elections.	(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.

Or. en

Justification

Necessary for clarity and coherence.

Amendment 8

Proposal for a directive

Recital 6 a (new)

Text proposed by the Commission	Amendment
	(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.

Or. en

Justification

Necessary 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.

Amendment 9

Proposal for a directive

Recital 8

Text proposed by the Commission	Amendment
(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 ensure easy access to their electoral rights by removing as many obstacles to participation in elections as possible.	(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.

Or. en

Amendment 10

Proposal for a directive

Recital 9

Text proposed by the Commission	Amendment
(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, 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 includes 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.	(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.

Or. en

Justification

Automatic 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.

Amendment 11

Proposal for a directive

Recital 11

Text proposed by the Commission	Amendment
(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, 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.	(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.

Or. en

Justification

The 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.

Amendment 12

Proposal for a directive

Recital 12

Text proposed by the Commission	Amendment
(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 submitting 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.	(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.

Or. en

Justification

Automatic 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.

Amendment 13

Proposal for a directive

Recital 13

Text proposed by the Commission	Amendment
(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. 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 standing as candidates in their country of residence, Union citizens should be required to produce a statement confirming that they have not been deprived of the right to stand in the elections to the European Parliament.	(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.

Or. en

Amendment 14

Proposal for a directive

Recital 17

Text proposed by the Commission	Amendment
(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 one contact point for that information exchange. A secure tool was developed in the past 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.	(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.

Or. en

Amendment 15

Proposal for a directive

Recital 20

Text proposed by the Commission	Amendment
(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 ensure the effectiveness of communications, information should be provided in clear and comprehensible terms.	(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.

Or. en

Justification

Necessary 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.

Amendment 16

Proposal for a directive

Recital 20 a (new)

Text proposed by the Commission	Amendment
	(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.

Or. en

Justification

Amendment 17

Proposal for a directive

Recital 21

Text proposed by the Commission	Amendment
(21) 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.	(21) In order to improve the accessibility of electoral information, such information should be made available in all official languages of the Union.

Or. en

Justification

This 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.

Amendment 18

Proposal for a directive

Recital 22

Text proposed by the Commission	Amendment
(22) Any derogation from the general rules of this Directive has to be warranted, pursuant to Article 22 (2) TFEU , by problems specific to a Member State and has to be in line with the requirements of Article 52 of the Charter, including that any limitations to the exercise of the right to vote and to stand as a candidate at elections to the European Parliament is to be provided for by law and be subject to the principles of proportionality and necessity . In addition, any derogation has to be subject to review as provided by Article 47 of the Charter .	deleted

Or. en

Justification

Necessary 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.

Amendment 19

Proposal for a directive

Recital 23

Text proposed by the Commission	Amendment
(23) 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. Derogations regarding the right to vote should be warranted where such citizens form more than 20 % of the total electorate on the criterion of period of residence;	deleted

Or. en

Justification

As 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.

Amendment 20

Proposal for a directive

Recital 24

Text proposed by the Commission	Amendment
(24) Member States in which the proportion of non-national citizens of the Union of voting age exceeds 20 % of the total number of Union citizens of voting age who reside there should have the possibility to lay down, in compliance with Article 22(2) TFEU , specific provisions concerning the composition of lists of candidates.	deleted

Or. en

Justification

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

Amendment 21

Proposal for a directive

Recital 26

Text proposed by the Commission	Amendment
(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. 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.	(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.

Or. en

Amendment 22

Proposal for a directive

Recital 27

Text proposed by the Commission	Amendment
(27) It is necessary that the Commission conduct its own evaluation of the application of this Directive within a reasonable timeframe after at least two elections to the European Parliament.	(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.

Or. en

Justification

A 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.

Amendment 23

Proposal for a directive

Recital 29

Text proposed by the Commission	Amendment
(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.	(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.
_________________
27 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).	27 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).

Or. en

Justification

In order to increase mobile citizens’ participation in EU elections, as many voting means as possible should be made available to them in order to increase voter turnout for the EU elections in line with the aim and internal logic of the text.

Amendment 24

Proposal for a directive

Article 3 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) the person who, on the reference date is a Union citizen within the meaning of Article 20 (1) TFEU ;	(a) the person who, on the reference date is a Union citizen within the meaning of Article 20 (1) TFEU and regardless of their legal capacity;

Or. en

Justification

Necessary for internal coherence and in accordance with the principle of non-discrimination. It is specifically linked to recital 29, which falls under the recast procedure and where it is stated that in European Parliament elections due regard should be had to the needs of citizens with a disability. It is inextricably linked, because it further defines how Member States should ensure there is due regard for the needs of citizens with a disability in European Parliament elections.

Amendment 25

Proposal for a directive

Article 6 – paragraph 5

Text proposed by the Commission	Amendment
5. Member States shall designate a contact point to receive and transmit the information necessary for the application of paragraph 3. They shall communicate to the Commission the name and contact details of the contact point and any updated information or changes concerning it. The Commission shall keep a list of contact points and make it available to the Member States.	5. Member States shall designate a helpdesk to receive and transmit the information necessary for the application of paragraph 3. They shall communicate to the Commission the name and contact details of the helpdesk and any updated information or changes concerning it. The Commission shall keep a list of helpdesks and make it available to the Member States.

Or. en

Justification

Necessary for internal coherence. This is linked to article 15, where Member States have to designate a help desk for collecting and providing statistical data. As such, for the internal coherence the word help desk should be used consistently throughout the text.

Amendment 26

Proposal for a directive

Article 8 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. Automatic registration shall be available subject, on a case-by-case basis, to the agreement of the Union voter concerned.

Or. en

Justification

Necessary for the internal coherence. The conditions governing registration and participation should be clarified in order to make sure that the treatment between national and non-national Union citizens is equal. Still, due to language and inhibitive administrative barriers existing between national and non-national Union citizens, one of the most effective ways to ensure equality is to provide for automatic registration for Union citizens, making participation as easy as possible.

Amendment 27

Proposal for a directive

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall take the necessary measures to enable a Union voter who has expressed the wish to be registered as a voter 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 who has expressed the wish to be registered as a voter to be entered on the electoral roll no later than 14 weeks before polling day.

Or. en

Justification

Necessary for the coherence between the different ongoing discussions on reforming the EU’s electoral system. Moreover, the specific timeframe of ‘sufficiently in advance’ is not clearly defined and leaves a lot of space to Member States to define it themselves, which can lead to people not being informed sufficiently in advance of the registration possibilities, especially considering possible language barriers. As foreseen in other legal texts refining the setup of our electoral rules, a common start to the European electoral campaign is needed, which can only be achieved if there is a common deadline for registration of voters and candidates. 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.

Amendment 28

Proposal for a directive

Article 9 – paragraph 3 – point a

Text proposed by the Commission	Amendment
(a) state in their declaration under paragraph 2 that they have not been deprived of the right to vote in their home Member State;	(a) state in their declaration under paragraph 2 that they have not been deprived of the right to vote in their home Member State, if such requirement also applies to nationals of the Member State of residence;

Or. en

Justification

Necessary for internal coherence and in accordance to the principle of non discrimination.

Amendment 29

Proposal for a directive

Article 9 – paragraph 3 – point c a (new)

Text proposed by the Commission	Amendment
	(c a) if they so wish, indicate the languages in which they would like to receive the information referred to in Article 12(2);

Or. en

Justification

Necessary for internal coherence, in accordance with Article 12.

Amendment 30

Proposal for a directive

Article 9 – paragraph 4

Text proposed by the Commission	Amendment
4. Union voters who have been entered on the electoral roll shall remain thereon, under the same conditions as voters who are nationals, until they request to be removed or until they are removed because they no longer satisfy the requirements for exercising the right to vote. Where provisions are in place to notify nationals of such a removal from the electoral roll, these provisions shall apply to Union voters in the same way.	4. Union voters who have been entered on the electoral roll shall remain thereon, under the same conditions as voters who are nationals, until they request to be removed or until they are removed because they no longer satisfy the requirements for exercising the right to vote. Where provisions are in place to notify nationals of such a removal from the electoral roll, these provisions shall apply to Union voters in the same way. Notifications shall be provided in an official language of the Union understandable to the Union voters in question.

Or. en

Amendment 31

Proposal for a directive

Article 10 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. National authorities shall ensure that the democratic, proportionate and transparent standards which apply to national citizens when submitting a list of candidates also apply to mobile EU citizen candidates.

Or. en

Justification

There are currently 27 strongly differing registration requirements for a political party, candidates or associations of voters and for submitting a list of candidates for the national constituencies. These are often discriminatory and inhibit political innovation and competition. Aligning these is important to make European elections more democratic as candidates will have to go through more similar democratic scrutiny processes before becoming MEPs and writing laws for all Europeans. As this Directive also foresees rules for the right to stand in EU elections, it is important to align these rules for all Union citizens to make the EU elections more comparable and competitive

Amendment 32

Proposal for a directive

Article 11 – paragraph 1

Text proposed by the Commission	Amendment
1. The Member State of residence shall inform the persons concerned 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 persons concerned in good time and in clear and plain language in an official language of the Union understandable to them, of the decision taken concerning their automatic registration or their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate.

Or. en

Justification

Necessary for internal coherence. Linked to amendment 3, where automatic registration is mentioned.

Amendment 33

Proposal for a directive

Article 11 – paragraph 4

Text proposed by the Commission	Amendment
4. Member States shall inform clearly 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.	4. Member States shall inform the persons concerned of the decision referred to in paragraph 1 and of the legal remedies referred to in paragraphs 2 and 3 clearly and in a timely manner, in an official language of the Union understandable to them.

Or. en

Justification

Information on the EU elections for all Union citizens needs to be as accessible as possible. Mobile citizens have to have the right to request information that they understand to carry out the necessary registration steps, in case automatic registration is not chosen. Based on the aim and internal logic of the text to facilitate that a maximum participation by mobile EU citizens is ensured.

Amendment 34

Proposal for a directive

Article 12 – paragraph 1

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 elections to the European Parliament.	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 elections to the European Parliament as soon as they register as residents of a Member State of which they are not nationals as well as periodically, ahead of European elections, in a timely manner, taking into account the deadlines established for the announcement of the candidates. The designated authority shall also provide a copy of the standardised templates for the formal declarations set out in Annexes I and II that non-national Union citizens are required to submit in order to register as voters and candidates.

Or. en

Justification

Internal legislative coherence to ensure that campaigning can start at the same time across the Union.

Amendment 35

Proposal for a directive

Article 12 – paragraph 2 – point d a (new)

Text proposed by the Commission	Amendment
	(da) the specific measures to facilitate the exercise of the right to vote by marginalised groups of voters, such as persons with disabilities.

Or. en

Justification

The rules provided for in this Directive shall be as inclusive as possible for all mobile citizens including marginalised or Union voters with disabilities.

Amendment 36

Proposal for a directive

Article 12 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States shall ensure that civil society organisations have a very important role to play in cooperating with, and assisting, the designated national authorities to raise public awareness concerning the information referred to in paragraphs 1 and 2, as well as in encouraging non-national Union citizens to actively seek such information as often as they need it.

Or. en

Justification

Previous experiences for the European elections (and also municipal elections) has shown that Civil Society organisations can play incredibly helpful role leading to a multiplication of spreading the information about mobile citizens’ rights in EU elections. This should be manifested in this text to promote the creation of CSOs to help the information provision on electoral rights of mobile EU citizens.

Amendment 37

Proposal for a directive

Article 12 – paragraph 3 – subparagraph 1

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 Union citizens residing on its territory, in accordance with the quality requirements of Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council30 .	The information referred to in the first subparagraph shall be provided in an official language of the Union understandable to the Union voter or candidate in question.
_________________
30 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).

Or. en

Justification

The rules provided for in this Directive shall be as inclusive as possible for all mobile citizens including marginalised or Union voters with disabilities.

Amendment 38

Proposal for a directive

Article 12 – paragraph 4

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 elections to the European Parliament 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 elections to the European Parliament and information referred to in paragraph 2 is made accessible to marginalised groups, such as 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 Braille, large print, audio-based information, tactile stencils, easy to read information and sign language.
	_________________
	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).

Or. en

Justification

The rules provided for in this Directive shall be as inclusive as possible for all mobile citizens including marginalised or Union voters with disabilities.

Amendment 39

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall exchange the information required for the implementation of Article 4 , sufficiently in advance of polling day . To that end, the Member State of residence shall begin supplying the home Member State, no later than six weeks before the first day of the electoral period referred to in Article 10(1) of the Act concerning the election of the members of the European Parliament by direct universal suffrage the set of information provided in Annex III , . The home Member State shall, in accordance with its national legislation, take appropriate measures to ensure that its nationals do not vote more than once or stand as candidates in more than one Member State.	1. Member States shall exchange the information required for the implementation of Article 4, sufficiently in advance of polling day. To that end, the Member State of residence shall begin supplying the home Member State, no later than 16 weeks before the first day of the electoral period referred to in Article 10(1) of the Act concerning the election of the members of the European Parliament by direct universal suffrage the set of information provided in Annex III. The home Member State shall, in accordance with its national legislation, take appropriate measures to ensure that its nationals do not vote more than once or stand as candidates in more than one Member State.

Or. en

Justification

Necessary for internal coherence. This is inextricably linked to the earlier deadlines with regards to the electoral rolls in amendments on recital 20 and Art. 9, par. 1, as there needs to be time between the home Member State being informed and the closing of the electoral rolls. As such, information sharing needs to occur before the deadline of the closing of the electoral rolls.

Amendment 40

Proposal for a directive

Article 14 – paragraph 1

Text proposed by the Commission	Amendment
Member States that provide for the possibilities of advance voting, postal voting, and electronic and internet voting, in elections to the European Parliament shall ensure the availability of those voting methods to Union voters under similar conditions as the ones applicable to their own nationals.	Member States shall allow postal voting and shall consider the introduction of complementary enhancing tools such as advance physical voting, proxy voting, and electronic and online voting, in elections to the European Parliament. Member States shall ensure the availability of those voting methods to Union voters under the same conditions as the ones applicable to their own nationals.

Or. en

Amendment 41

Proposal for a directive

Article 15 – paragraph 1

Text proposed by the Commission	Amendment
Member States shall designate an authority with responsibility for collecting and providing relevant statistical data to the public and the Commission, on the participation of Union citizens who are not nationals in elections to the European Parliament.	Member States shall designate a helpdesk with responsibility for collecting and providing relevant statistical data based on common indicators to the public and the Commission, on the participation of Union citizens who are not nationals in elections to the European Parliament.

Or. en

Amendment 42

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission	Amendment
1. If , 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 Articles 3, 9 and 10:	deleted
(a) restrict the right to vote to Union voters who have resided in that Member State for a minimum period, which may not exceed five years;
(b) restrict the right to stand as a candidate to Union citizens entitled to stand as candidates who have resided in that Member State for a minimum period, which may not exceed 10 years.
These provisions are without prejudice to appropriate measures which that Member State may take with regard to the composition of lists of candidates and which are intended in particular to encourage the integration of non-national Union citizens .
However, Union voters and Union citizens entitled to stand as candidates who, owing to the fact that they have taken up residence outside their home Member State or by reason of the duration of such residence, do not have the right to vote or to stand as candidates in that home State shall not be subject to the conditions as to length of residence set out above.

Or. en

Justification

As per Amendments 18 and 19, 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.

Amendment 43

Proposal for a directive

Article 16 – paragraph 2

Text proposed by the Commission	Amendment
2. 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 13 in respect of such nationals.	deleted

Or. en

Justification

Amendment 44

Proposal for a directive

Article 16 – paragraph 3

Text proposed by the Commission	Amendment
3. 18 months prior to each election to the European Parliament, 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 (2) TFEU is still warranted and shall propose that any necessary adjustments be made.	deleted
Member States which invoke derogations under paragraph 1 shall furnish the Commission with all the necessary background information.

Or. en

Justification

Amendment 45

Proposal for a directive

Article 16 a (new)

Text proposed by the Commission	Amendment
	Article 16 a
	The exercise of the right of mobile citizens to vote and stand as candidates shall apply to all electoral lists and constituencies established by the Act concerning the election of the members of the European Parliament by direct universal suffrage, including in the event of the establishment of a Union-wide constituency, in order to ensure that the principle of non-discrimination is upheld.

Or. en

Justification

Necessary to ensure coherence and to ensure that the principle of non-discrimination is upheld.

Amendment 46

Proposal for a directive

Article 17 – paragraph 1

Text proposed by the Commission	Amendment
1. Within six months after each election to the European Parliament Member States shall send information to the Commission on the application of this Directive in their territory. In addition to general observations, the report shall contain statistical data on the participation in elections to the European Parliament of Union voters and Union citizens entitled to stand as candidates and a summary of the measures taken to support it.	1. Within six months after each election to the European Parliament Member States shall send information to the Commission on the application of this Directive in their territory. In addition to general observations, the report shall contain statistical data on the participation in elections to the European Parliament of Union voters and Union citizens entitled to stand as candidates and a summary of the measures taken to support it, based on common indicators.

Or. en

Justification

Necessary to ensure coherence in the text.

Amendment 47

Proposal for a directive

Article 18 – paragraph 1

Text proposed by the Commission	Amendment
Within two years after the 2029 elections to the European Parliament, the Commission shall assess its application and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall also include a review on the functioning of Article 13.	Within two years after each election to the European Parliament, the Commission shall assess its application and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall also include a review on the functioning of Article 13. The evaluation shall be accompanied, if appropriate, by a legislative proposal to amend this Directive.

Or. en

Justification

Necessary to ensure legislative coherence and to make sure that after each election an evaluation of the functioning of this Directive is carried out.

Amendment 48

Proposal for a directive

Annex I – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	Indicate language preferences in which you want to receive information related to the elections.

Or. en

Amendment 49

Proposal for a directive

Annex II – paragraph 4

Text proposed by the Commission	Amendment
I have not been deprived of the right to stand as a candidate in my home Member State.	I have not been deprived of the right to stand as a candidate in my home Member State1a.
	_________________
	1a Only if also required of nationals of the Member State of residence

Or. en

Justification

Necessary to ensure coherence in the text.

EXPLANATORY STATEMENT

Pursuant to Article 20(2)(b) of the Treaty on the Functioning of the European Union (TFEU), Article 22(2) TFEU and Article 39 of the Charter of Fundamental Rights of the European Union (CFREU), EU citizens residing in an EU Member State other than their own are entitled to vote and stand as candidates in European and municipal elections, under the same conditions as nationals. Detailed provisions on the political rights granted under EU citizenship are set out in Council Directive 93/109/EC regarding the participation of non-national Union citizens in European Parliament elections in their country of residence.

There is an estimated 13.3 million non-national Union citizens of voting age (post-Brexit data), which equals, when aggregated, the voting population of a medium-sized Member State. Nevertheless, voter turnout among non-national Union citizens remains low compared to nationals, despite the fact that all Member States have successfully transposed directive 93/109/EC. Similarly, the percentage of candidates standing for European elections made up of non-nationals is extremely limited (slightly over 1 % in the 2019 elections).

It thus becomes clear that despite the arrangements under Directive 93/109/EC, non-national Union citizens still face many obstacles in exercising their electoral rights in elections to the European Parliament. In particular, for the exercise of the right to vote, major obstacles appear to be the difficulties in accessing correct and timely information on how to vote and stand as candidate, complicated voter registration processes, and the effect of deregistration from elections in the Member State of origin.

For the exercise of the right to stand as a candidate, non-national and national EU citizens still face a great variety of electoral cultures, resulting in a vast range of different electoral systems that often make it impossible to register a party, association of voters or other electoral entities and to stand for elections. This is mainly due to either impedingly high judicial or financial thresholds or disproportionate signature requirements, which make it impossible especially for new political ideas to be represented on ballot lists for both EU and municipal elections.

Moreover, there is a 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 the elections to the European Parliament. Where data is kept and exchanged, the scope and format of the reporting obligations are inconsistent and vary between Member States, leading to incomparable results.

The amendments put forward by the Commission are limited and specific to the Council Directive and only marginally solve the difficulties faced by mobile EU citizens. While the new proposal is intended to update, clarify and strengthen the existing, outdated rules, it does so with limited effect as major issues, such as broadening the scope of the Directive as well as truly improving the accessibility to EU elections have not been addressed sufficiently.

More ambitious steps have to be taken in order to a) truly ensure a broad and inclusive participation in the 2024 elections to the European Parliament, b) reduce inhibitive and undemocratic registration requirements both for voters and candidates, c) support mobile EU citizens in the exercise of their rights and d) protect the integrity of elections.

Specifically, in order to make access to voting and standing as candidate in EP elections as easy as possible for non-national Union citizens, Member States should ensure that information on mobile citizens’ rights to vote or stand as candidates should be available in all Union languages and should reach marginalised groups, especially disabled people. Additionally, obstacles accessing voting booths and polling stations should be addressed, the possibility for postal, proxy, advance and electronic voting should be revisited. Minimum residence requirement for non-national Union citizens should be abolished, where still existent, and civil society organisations should play an important role in assisting the designated authorities in Member States to reach out to citizens through appropriate information campaigns, encouraging non-national Union citizens to proactively seek information about their voting and candidacy rights in European Parliament elections.

Moreover, recent developments in reforming the European elections should be taken into account in the recasting of this Directive. The new proposed rules can, if adopted and ratified by Member States, have a truly Europeanising effect that can change the way mobile EU citizens perceive EU democracy. Consequentially, the direction taken in this Directive should, as much as legally possible, reflect these developments.

ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION

	CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES

OPINION

FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT

THE COUNCIL

THE COMMISSION