Legal provisions of COM(2006)791 - Amendment of Directive 93/109/EC as regards the right to vote and stand as a candidate in elections to the European Parliament for citizens residing in a Member State of which they are not nationals

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dossier COM(2006)791 - Amendment of Directive 93/109/EC as regards the right to vote and stand as a candidate in elections to the European ...
document COM(2006)791 EN
date December 20, 2012

Contents

Article 1

Directive 93/109/EC is hereby amended as follows:

(1)Article 6 is amended as follows:

(a)paragraph 1 is replaced by the following:

‘1.   Any citizen of the Union who resides in a Member State of which he is not a national and who, through an individual judicial decision or an administrative decision provided that the latter can be subject to judicial remedies, has been deprived of his right to stand as a candidate under either the law of the Member State of residence or the law of his home Member State, shall be precluded from exercising that right in the Member State of residence in elections to the European Parliament.’;

(b)paragraph 2 is replaced by the following:

‘2.   The Member State of residence shall check whether the citizens of the Union who have expressed a desire to exercise their right to stand as a candidate there have not been deprived of that right in the home Member State through an individual judicial decision or an administrative decision provided that the latter can be subject to judicial remedies.’;

(c)the following paragraphs are added:

‘3.   For the purposes of paragraph 2 of this Article, the Member State of residence shall notify the home Member State of the declaration referred to in Article 10(1). To that end, the relevant information that is available from the home Member State shall be provided in any appropriate manner within five working days from the reception of the notification or, where possible, within a shorter time-limit, if so requested by the Member State of residence. Such information may include only details which are strictly necessary for the implementation of this Article and may be used only for that purpose.

If the information is not received by the Member State of residence within the time-limit, the candidate shall none the less be admitted.

4. If the information provided invalidates the content of the declaration, the Member State of residence, irrespective of whether it receives the information within the time-limit or at a later stage, shall take the appropriate steps in accordance with its national law to prevent the person concerned from standing as a candidate or where this is not possible, to prevent this person either from being elected or from exercising the mandate.

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.’;

(2)Article 10 is amended as follows:

(a)in paragraph 1, point (a) is replaced by the following:

‘(a)his nationality, date and place of birth, last address in the home Member State and his address in the electoral territory of the Member State of residence;’;

(b)the following point is added to paragraph 1:

‘(d)that he has not been deprived of the right to stand as a candidate in the home Member State through an individual judicial decision or an administrative decision provided that the latter can be subject to judicial remedies.’;

(c)paragraph 2 is deleted.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 28 January 2014. They shall immediately inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.