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DRAFT 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)

AFCO-PR-704775

Committee on Constitutional Affairs · Rapporteur: Damian Boeselager

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The draft report approves the Commission proposal for a Council directive on the electoral rights of non-national EU citizens, as amended, and calls for automatic voter registration, information in all EU languages, and the deletion of derogations for member states with high non-national populations.

Committee position. The rapporteur proposes to approve the Commission proposal as amended, with changes to enhance participation and remove derogations.

Key points

  1. Approves the Commission proposal as amended, with amendments introducing automatic registration for voters, subject to individual agreement, and requiring information in all official EU languages.
  2. Deletes recitals and articles allowing member states to impose residence requirements or derogations when non-national Union citizens exceed 20% of the electorate, to uphold non-discrimination.
  3. Requires member states to provide information on electoral rights to non-national citizens upon residence registration and periodically before elections, in an understandable official language.
  4. Mandates that voter registration deadlines be no later than 14 weeks before polling day, and information exchange between member states begin no later than 16 weeks before the electoral period.
  5. Requires member states to allow postal voting and consider advance, proxy, electronic and online voting for non-national Union voters under the same conditions as nationals.
  6. Requires member states to designate a helpdesk for information exchange and statistical data, and to collect data based on common indicators.
  7. Requires the Commission to evaluate the directive within two years after each European election, not just after 2029, and to accompany the evaluation with a legislative proposal if appropriate.
  8. Extends the right to vote and stand as a candidate to all electoral lists and constituencies, including a future Union-wide constituency.
  9. Requires member states to ensure accessibility for persons with disabilities, including assistive technologies and formats, and to apply the accessibility requirements of Directive (EU) 2019/882.
  10. Requires that any deprivation of the right to vote or stand as a candidate be based on individual decisions, and that declarations of non-deprivation be required only if also required of nationals.
  11. Requires member states to ensure that standards for submitting candidate lists apply equally to mobile EU citizens as to nationals.
  12. Requires member states to involve civil society organisations in informing non-national citizens about their electoral rights.

Who is affected

  • Non-national Union citizens residing in another member state: gain easier registration, information in all EU languages, and voting methods.
  • Member states: must implement automatic registration, meet earlier deadlines, and remove derogations for high non-national populations.
  • Persons with disabilities: benefit from accessibility requirements and assistive voting tools.
  • Civil society organisations: cooperate with national authorities to inform mobile citizens.

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.
  • 20%: threshold for derogations, which are deleted.
  • Two years after each election: Commission evaluation deadline.

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