Sittings · Document
DRAFT POSITION IN THE FORM OF AMENDMENTS (COM2021/0372 – C9XXXXX – 2021/0372(CNS)) 2022-06-14
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 Civil Liberties, Justice and Home Affairs · Rapporteur: Domènec Ruiz Devesa
AMENDMENTS
The Committee on Civil Liberties, Justice and Home Affairs presents the following amendments to the Committee on Constitutional Affairs, as the committee responsible:
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 tasks was to organize, in a manner demonstrating consistency and solidarity, relations between the peoples of the Member States. Its 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. To that end, the Maastricht Treaty introduced a citizenship of the Union for all nationals of the Member States and conferred on such nationals on that basis a number of rights. |
Or. en
Justification
Necessary for internal coherence and clarification after adaptation
Amendment 2
Proposal for a directive
Recital 1 b (new)
| Text proposed by the Commission | Amendment |
| (1b) Democracy is one of the values on which the Union is founded. Every citizen has the right to participate in the democratic life of the Union. It is important to ensure that mobile Union citizens can fully exercise their political rights in the context of future elections to the European Parliament where Union citizens are directly represented. The loss of acquired political rights for Union citizens as a result of European mobility may hinder participation in elections to the European Parliament for mobile voters. An ever closer union necessarily entails the progressive convergence of political rights among Union citizens when voting and standing as candidates for elections to the European Parliament. |
Or. en
Justification
Necessary for internal coherence and for the clarification after adaptation
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 adopted a proposal for a new European Electoral Act on the basis of Article 223(1) of the Treaty on the Functioning of the European Union (TFEU), harmonising further Member States’ electoral systems by introducing elements aiming to enhance democratic legitimacy and to more accurately reflect the breadth of the role and competences of the European Parliament. Such elements include the establishment of a Union-wide constituency, harmonisation of the minimum voting age and the age for standing for elections, introduction of a transnational list, a pan-European electoral roll and a minimum electoral threshold, improving accessibility requirements for people with disabilities among others by generalising the possibility of postal voting, introduction of “zipped lists” or quotas to ensure gender equality and the setting up of a new European Electoral authority. The right of mobile citizens to vote and stand as candidates should apply in all electoral lists and constituencies determined by 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 coherence and for clarification after adaptation
Amendment 4
Proposal for a directive
Recital 4
| Text proposed by the Commission | Amendment |
| (4) In its the EU Citizenship Report 202024 , 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 elections to the European Parliament in order to ensure that they support the broad and inclusive participation of mobile EU citizens. Taking also into account the experience gained in the application of Council Directive 93/109/EC to successive elections and the changes introduced by the amendments to the Treaties, several of the provisions of that Directive should be updated. | (4) In its EU Citizenship Report 202024, 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 elections to the European Parliament in order to ensure that they support the broad and inclusive participation of mobile EU citizens. Taking also into account the experience gained in the application of Council Directive 93/109/EC to successive elections and the changes introduced by the amendments to the Treaties, several of the provisions of that Directive should be updated. |
| _________________ | _________________ |
| 24 https://ec.europa.eu/info/files/eu-citizenship-report-2020-empowering-citizens-and-protecting-their-rights_en | 24 https://ec.europa.eu/info/files/eu-citizenship-report-2020-empowering-citizens-and-protecting-their-rights_en |
Or. en
Amendment 5
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 6
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 ensure easy access to their electoral rights by removing obstacles to participation in elections. |
Or. en
Amendment 7
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 available, after Union voters have expressed a wish to vote in their Member State of residence. 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 and as similar as possible across the Member States. 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. |
Or. en
Amendment 8
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
Amendment 9
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 standing 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 10
Proposal for a directive
Recital 16
| Text proposed by the Commission | Amendment |
| (16) In order to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same elections, Member States should exchange information gathered from the formal declarations produced by Union voters and Union citizens entitled to stand as candidates. As Member States rely on different data to identify citizens, a common set of data should be envisaged in order to accurately identify Union voters and Union citizens entitled to stand as candidates and stop them from voting or standing as a candidate more than once. The personal data exchanged should be limited to the minimum necessary to achieve these purposes. | (16) In order to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same elections, Member States need to coordinate their administrative systems better. Member States should exchange information gathered from the formal declarations produced by Union voters and Union citizens entitled to stand as candidates. As Member States rely on different data to identify citizens, a common set of data should be envisaged in order to accurately identify Union voters and Union citizens entitled to stand as candidates and stop them from voting or standing as a candidate more than once. The personal data exchanged should be limited to the minimum necessary to achieve these purposes. |
Or. en
Amendment 11
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 one contact authority 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. |
Or. en
Amendment 12
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 ensure the effectiveness of communications, information should be provided in clear and comprehensible terms and in a timely manner, taking into account that, according to the proposed European Electoral Act, electoral rolls are to be closed 14 weeks and candidates to be announced 12 weeks before polling day. |
Or. en
Amendment 13
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
Amendment 14
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
This deletion is connected to the aim of the Directive, which is to eliminate discrimination of mobile citizens as regards the exercise of their electoral rights
Amendment 15
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
Deletion is necessary for the clarity and coherence of the proposal and follows from the deletion of recital 22
Amendment 16
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 recital 22 and 23
Amendment 17
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 18
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
Amendment 19
Proposal for a directive
Recital 28 a (new)
| Text proposed by the Commission | Amendment |
| (28a) In order to ensure that the templates of the formal declarations to be submitted by non-national Union citizens seeking to vote or stand in elections to the European Parliament continue to contain relevant data in the context of the exercise of electoral rights by Union citizens, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission to amend those templates. |
Or. en
Amendment 20
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. Furthermore, Member States should ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice. Member States should provide the possibility of postal voting and of voting by advance physical 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
Amendment 21
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 status; |
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 22
Proposal for a directive
Article 6 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Union citizens who reside in a Member State of which they are not nationals and who, through an individual judicial decision or an administrative decision provided that the latter can be subject to judicial remedies, have been deprived of their right to stand as a candidate under either the law of the Member State of residence or the law of the home Member State, shall be precluded from exercising that right in the Member State of residence in elections to the European Parliament. | 1. Union citizens who reside in a Member State of which they are not nationals and who, through an individual judicial decision or an administrative decision provided that the latter can be subject to judicial remedies, have been deprived of their right to stand as a candidate under either the law of the Member State of residence or the law of the home Member State, shall be precluded from exercising that right in the Member State of residence in elections to the European Parliament. Decisions on deprivation of legal capacity shall not make a Union citizen ineligible from standing as a candidate in elections to the European Parliament. |
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 23
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 contact authority 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 authority and any updated information or changes concerning it. The Commission shall keep a list of contact authorities 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 an authority for collecting and providing statistical data. As such, for the internal coherence the word authority should be used consistently throughout the text.
Amendment 24
Proposal for a directive
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. The Member State of residence may check whether the Union citizens who have expressed a desire to exercise their right to vote there have not been deprived of that right in the home Member State through an individual civil law or criminal law decision. | 1. The Member State of residence may check whether the Union citizens who have expressed a desire to exercise their right to vote there have not been deprived of that right in the home Member State through an individual civil law or criminal law decision. Decisions on deprivation of legal capacity shall not disqualify a Union citizen from voting in elections to the European Parliament. |
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 8 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. Automatic registration shall be available and shall require the agreement of the Union voter. |
Or. en
Justification
Necessary for the internal coherence. Additionally, this is inextricably linked to recital 6, where it is stated that the conditions governing registration and participation should be clarified in order to ensure equal treatment between national and non-national Union citizens. However, given the information inequality existing between national and non-national Union citizens due to language and administrative barriers, among the most effective ways to ensure equality is to facilitate automatic registration for Union citizens, thus making participation as easy as possible despite the existing barriers.
Amendment 26
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 internal coherence. If the specific timeframe of what means ‘sufficiently in advance’ is not defined, then it 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. 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 27
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 is also required for nationals of the Member State of residence. |
Or. en
Justification
Necessary for internal coherence and in accordance to the principle of non discrimination
Amendment 28
Proposal for a directive
Article 9 – paragraph 3 – point c a (new)
| Text proposed by the Commission | Amendment |
| (ca) if they so wish, indicate language preferences in which they want to receive the information referred to in Article 12(2). |
Or. en
Justification
Necessary for internal coherence, in accordance with Article 12
Amendment 29
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, and the notifications shall be provided in an official language of the Union understandable to the Union voters in question. |
Or. en
Amendment 30
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 on their automatic registration or 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 7, where automatic registration is mentioned
Amendment 31
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 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, in an official language of the Union understandable to him or her. |
Or. en
Amendment 32
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, taking into account that electoral rolls are to be closed 14 weeks and candidates to be announced 12 weeks before polling day under [Articles 9 and 11 of the proposal for a European Electoral Act adopted by the European Parliament on 3 May 2022]. |
Or. en
Justification
Necessary for internal coherence
Amendment 33
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 to particular groups of voters, such as persons with disabilities or voters who cannot participate on election day. |
Or. en
Amendment 34
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 2
| 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
Amendment 35
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 persons with disabilities and older persons by applying accessibility requirements laid down in Annex I of Directive (EU) 2019/8821a by using appropriate means, modes and formats of communication, such as sign language, Braille or easy-to-read format, in an Union official languages understandable to them. Member States may ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice. |
| _________________ | |
| 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
Amendment 36
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 sixteen 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 37
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 for postal voting and advance 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 38
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 an authority with responsibility for collecting and providing 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 39
Proposal for a directive
Article 16
| Text proposed by the Commission | Amendment |
| Article 16 | deleted |
| Derogations | |
| 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: | |
| (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. | |
| 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. | |
| 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. | |
| Member States which invoke derogations under paragraph 1 shall furnish the Commission with all the necessary background information. |
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 a nationals.
Amendment 40
Proposal for a directive
Article 16 a (new)
| Text proposed by the Commission | Amendment |
| Article 16a | |
| The exercise of the right of mobile citizens to vote and stand as candidates shall apply to all electoral lists and constituencies determined 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
Article 16a is inserted in Chapterv IV before Article 17.
Justification
Necessary to ensure coherence and to ensure that the principle of non-discrimination is upheld
Amendment 41
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
Amendment 42
Proposal for a directive
Article 17 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. The Commission is empowered to adopt implementing acts for the purpose of defining the common indicators for the provision by the Member States of the statistical data referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19. |
Or. en
Amendment 43
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 for legislative coherence
Amendment 44
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 45
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 State. 1a |
| _________________ | |
| 1a Only if also required of nationals of Member State of residence |
Or. en
Justification
Necessary for coherence
Amendment 46
Proposal for a directive
Annex II – 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
Justification
Necessary for coherence