Legal provisions of COM(2021)733 - Arrangements for the exercise of the right to vote and stand as a candidate in municipal elections by citizens residing in a country of which they are not nationals (recast)

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dossier COM(2021)733 - Arrangements for the exercise of the right to vote and stand as a candidate in municipal elections by citizens residing in a ...
document COM(2021)733 EN
date November 25, 2021


CHAPTER I

General provisions

Contents

Article 1 -  Subject matter and scope 

1. This Directive lays down the detailed arrangements whereby  Union  citizens of the Union residing in a Member State of which they are not nationals may exercise the right to vote and to stand as a candidate there in municipal elections.

2. Nothing in this Directive shall affect each Member State's provisions concerning the right to vote or to stand as a candidate either of its nationals who reside outside its territory or of third country nationals who reside in that State.

Article 2 -  Definitions 

1. For the purposes of this Directive  the following definitions apply   :

(a)‘basic local government unit’ means the administrative entities listed in the Annex I which, in accordance with the laws of each Member State, contain bodies elected by direct universal suffrage and are empowered to administer, at the basic level of political and administrative organization, certain local affairs on their own responsibility;

(b)‘municipal elections’ means elections by direct universal suffrage to appoint the members of the representative council and, where appropriate, under the laws of each Member State, the head and members of the executive of a basic local government unit:

(c)‘Member State of residence’ means the Member State in which a  Union  citizen of the Union resides but of which he   the Union citizen  is not a national;

(d)‘home Member State’ means the Member State of which a  Union  citizen of the Union is a national;

(e)‘electoral roll’ means the official register of all voters entitled to vote in a given basic local government unit or in one of its subdivisions, drawn up and kept up-to-date by the competent authority under the electoral law of the Member State of residence, or the population register if it indicates eligibility to vote;

(f)‘reference date’ means the day or days on which  Union  citizens of the Union must satisfy, under the law of the Member State of residence, the requirements for voting or for standing as a candidate in that State;

(g)‘formal declaration’ means a declaration by the person concerned, inaccuracy in which makes that person liable to penalties, in accordance with the national law applicable.

2. A Member State shall notify the Commission if any  basic   local government unit referred to in the Annex  I   is, by virtue of a change in its domestic law, replaced by another unit having the functions referred to in paragraph 1 (a) of this Article or if, by virtue of such a change, any such unit is abolished or further such units are created.


 new

The Commission is be empowered to adopt delegated acts in accordance with Article 16 concerning the amendment of Annex I in accordance with the notifications received pursuant to the first subparagraph of this paragraph.


 94/80/EC (adapted)

 new

Within three months of receipt of such a notification, together with a Member State's assurance that no person's rights under this Directive will be prejudiced, the Commission shall adapt the Annex by making appropriate substitutions, deletions or additions. The Annex so revised shall be published in the Official Journal.

Article 3 -  Conditions governing the right to vote and to stand as a candidate 

Any person who, on the reference date:   The following persons shall have the right to vote and to stand as a candidate in municipal elections in the Member State of residence:  

(a) the person who on the reference date  is a  Union  citizen of the Union within the meaning of the second subparagraph of Article 8   20  (1) of the Treaty   TFEU  ; and

(b)  the person who on the reference date is not a national of the Member State of residence, but in any event satisfies the same conditions in respect of the right to vote and to stand as a candidate as that State imposes by law on its own nationals;.

shall have the right to vote and to stand as a candidate in municipal elections in the Member State of residence in accordance with this Directive.

Article 4 -  Residence period requirements 

1. If, in order to vote or to stand as candidates, nationals of the Member State of residence must have spent a certain minimum period as a resident in the territory of that State, voters and persons entitled to stand as candidates   pursuant to   within the scope of Article 3 shall be deemed to have fulfilled that condition where they have resided for an equivalent period in other Member States.

2. If, under the laws of the Member State of residence, its own nationals may vote or stand as candidates only in the basic local government unit in which they have their principal residence, voters and persons entitled to stand as candidates  pursuant to   within the scope of Article 3 shall also be subject to this   that   condition.

3. Paragraph 1 shall not affect the provisions of each Member State under which the exercise by any person of the right to vote and to stand as a candidate in a given basic local government unit is subject to his having spent  a minimum  residence   period as a resident in that unit.

Nor shall paragraph 1 affect any national provision already in force on the date of adoption of this Directive, whereby the exercise by any person   persons  of such right to vote and to stand as a candidate is subject to his   their  having spent a minimum period in the constituent part of the Member State of which the basic local government unit forms a part.

Article 5 -  Ineligibility 

1. Member States of residence may provide that any   Union citizens    citizen of the Union who, through an individual decision under civil law or a criminal law decision, has   have   been deprived of his   their   right to stand as a candidate under the law of his  their   home Member State, shall be precluded from exercising that right in municipal elections.

2. An application from any  Union   citizen of the Union to stand as a candidate in municipal elections in the Member State of residence may be declared inadmissible where that citizen is unable to produce the declaration referred to in Article 9 (2)  point   (a) or the attestation referred to in Article 9 (2)  point   (b).

3. Member States may provide that only their own nationals may hold the office of elected head, deputy or member of the governing college of the executive of a basic local government unit if elected to hold office for the duration of his   their  mandate.

The Member States may also lay down that the temporary or interim performance of the functions of a head, deputy or member of the governing college of the executive of a basic local government unit may be restricted to own nationals.

Having regard to the Treaty and to general legal principles, Member States may take appropriate, necessary and proportional measures to ensure that the offices referred to in the first subparagraph can only be held and the interim functions referred to in the second subparagraph can be performed only by their own nationals.

4. Member States may also  provide   stipulate that  Union   citizens of the Union elected as members of a representative council shall take part in neither the designation of delegates who can vote in a parliamentary assembly nor the election of the members of that assembly.

Article 6 -  Incompatibility 

1. Persons entitled to stand as candidates within the scope of   pursuant to   Article 3 shall be subject to the same conditions concerning incompatibility as apply, under the laws of the Member State of residence, to nationals of that State.

2. Member States may provide that the holding of elected municipal office in the Member State of residence is also incompatible with the holding of offices in other Member States which are equivalent to those which give rise to incompatibility in the Member State of residence.

CHAPTER II

Exercise of the right to vote and the right to stand as a candidate

Article 7 -  Freedom to choose to vote in the Member State of residence 

1. A voter   Voters fulfilling the conditions   within the scope of Article 3 shall exercise his   their   right to vote in municipal elections in the Member State of residence if he has   they have   expressed the wish to do so.

2. If voting is compulsory in the Member State of residence, voters  pursuant to   within the scope of Article 3 who have been entered on the electoral roll there shall also be obliged to vote.

3. Member States where voting is not compulsory may provide for the automatic registration of voters within the scope of   pursuant to   Article 3 on the electoral roll.

Article 8 -  Entry and removal from the electoral roll 

1. Member States shall take the necessary measures to enable a voter  pursuant to   within the scope of Article 3 to be entered on the electoral roll sufficiently in advance of polling day.

2. In order to have his   their   name entered on the electoral roll, a voter   voters pursuant to   within the scope of Article 3 shall produce the same documents as a voter   voters   who is a national   are nationals   .

The Member State of residence may also require a voter pursuant to   within the scope of Article 3 to produce a valid identity document, along with a formal declaration stating his nationality, and his address in the Member State of residence   drawn up in accordance with the template set out in Annex II  .

3. Voters  pursuant to   within the scope of Article 3 who have been entered on an electoral roll in the Member State of residence shall remain thereon, under the same conditions as voters who are nationals, until such   a  time as they are removed automatically because they no longer satisfy the requirements for exercising the right to vote.   Where Member States provide for the notification of nationals of their removal from the electoral roll, those provisions shall apply equally to voters pursuant to Article 3. 

Voters who have been entered on the electoral roll at their request can also be removed from it if they so request.

If such voters move to another basic local government unit in the same Member State, they shall be entered on the electoral roll of that unit under the same conditions as voters who are nationals.


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4. The Commission is empowered to adopt delegated acts in accordance with Article 16 concerning the amendment of the form and content of the template for the formal declaration referred to in paragraph 2 of this Article.

5. Without prejudice to the rules of any Member State concerning the right to vote or to stand as a candidate of nationals who reside outside its territory, the fact that voters pursuant to Article 3 have been entered on the electoral roll of their Member State of residence shall not result in their removal from the electoral roll of the home Member State.


 94/80/EC (adapted)

 new

Article 9 -  Registration as a candidate 

1. When he submits his   submitting an   application to stand as a   candidates   candidate, a person   persons   entitled to stand as a   candidates   candidate  pursuant to   within the scope of Article 3 shall produce the same supporting documents as a candidate who is a national. The Member State of residence may require him   the persons concerned   to produce a formal declaration stating his nationality and his address in the Member State of residence   drawn up in accordance with the template set out in Annex III   .

2. The Member State of residence may also require a   persons   person entitled to stand as a candidate   candidates   within the scope   pursuant to   of Article 3 to:

(a)state in the formal declaration which he   they produce   produces in accordance with paragraph 1 when submitting his   their  application to stand as a candidate   candidates  that he   they have   has not been deprived of the right to stand as a candidate in his   their  home Member State;

(b)in case of doubt regarding the content of the declaration pursuant to  point  (a), or where required under the legal provisions of a Member State, to produce before or after the election an attestation from the competent administrative authorities in his   their  home Member State certifying that he   they have   has not been deprived of the right to stand as a candidate in that State or that no such disqualification is known to those authorities;

(c)produce a valid identity document;

(d)state in the formal declaration he   they produce   produces in accordance with paragraph 1 that he   they hold   holds no office which is incompatible within the meaning of Article 6 (2);

(e)indicate his   their  last address in his   their  home Member State, in so far as he   they have  has had one.


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3. The Commission is empowered to adopt delegated acts in accordance with Article 16 concerning the amendment of the form and content of the template for the formal declaration referred to in paragraph 1 of this Article.

Article 10 - Specific means of voting

Member States that provide for the possibility for nationals to vote by means of advance voting, postal voting, and electronic and internet voting in municipal elections shall ensure that such means of voting are also available under the same conditions to voters pursuant to Article 3.


 94/80/EC (adapted)

 new

Article 1110 -    Decision on registration and legal remedies 

1. The Member State of residence shall inform the person concerned  persons   in good time  and in clear and plain language   of the action   decision   taken on his   their   application for entry on the electoral roll or of the decision concerning the admissibility of his   their   application to stand as a candidate.

2. Should a person   Union citizens  not be entered on the electoral roll or have his   their   application form entry refused or have his   their  application to stand as a candidate rejected, the person concerned shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.


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3. In case of errors in the electoral roll or in the list of candidates for municipal elections, the person concerned shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.


 94/80/EC (adapted)

Article 1211 -  Provision of information   new

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 municipal elections.

2. The Member States shall ensure that the designated authority pursuant to paragraph 1, shall directly and individually communicate to voters and persons entitled to stand as candidates pursuant to Article 3, the following information:

(a)the status of their registration, 

(b)once available, the date of the election and how and where to vote,

(c)means of obtaining further information relating to the organisation of the election, including the list of candidates.

3. The information on conditions and detailed rules for registration as a voter or candidate in municipal elections and the information referred to in paragraph 2 shall be provided in clear and plain language.

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 European Union citizens residing on its territory, in accordance with the quality requirements in Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council  28 .

4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in municipal elections 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.


 94/80/EC (adapted)

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The Member State of residence shall inform voters and persons entitled to stand as candidates within the scope of Article 3 in good time and in an appropriate manner of the conditions and detailed arrangements for the exercise of the right to vote and to stand as a candidate in elections in that State.

CHAPTER III

Derogations and transitional provisions

Article 1312 -  Derogations 

1. Where, on 1 January 1996, in a given Member State, the proportion of  Union   citizens of the Union 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 of the Union residing there who are of voting age, that Member State may, by way of derogation from this Directive:

(a)restrict the right to vote to voters within the scope of   pursuant to  Article 3 who have resided in that Member State for a minimum period, which may not be longer than the term for which the representative council of the municipality is elected;

(b)restrict the right to stand as a candidate to persons entitled to stand as candidates within the scope of   pursuant to  Article 3 who have resided in that Member State for a minimum period, which may not be longer than twice the term for which the representative council of the municipality is elected; and

(c)take appropriate measures with regard to the composition of lists of candidates to encourage in particular the integration of  Union  citizens of the Union, who are nationals of another Member State.

2. The Kingdom of Belgium may, by way of derogation from the provisions of this Directive, apply the provisions of paragraph 1  point   (a) to a limited number of local government units, the list of which it shall communicate at least one year before the local government unit elections for which it intends to invoke the derogation.

3. Where, on 1 January 1996, 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 11 in respect of such persons.

4. By 31 December 1998 and Eevery six years thereafter   after the entry into force of this Directive  , 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 8b   22   (1) of the Treaty   TFEU  is still warranted and shall propose that any necessary adjustments be made. Member States which invoke derogations under paragraphs 1 and 2 shall furnish the Commission with all the necessary background information.

CHAPTER IV

Final provisions

Article 1413 -  Reporting   new

1. Within three years of the entry into force of this Directive and every four years thereafter, the Member States shall report to the Commission on the application of this Directive in their territory, including on the application of Article 5(3) and (4). The report shall contain statistical data on the participation in municipal elections of voters and candidates pursuant to Article 3 and a summary of measures taken in that regard.


 94/80/EC (adapted)

 new

 2. Within five years of the entry into force of this Directive and every five years thereafter,   tThe Commission shall submit a report to the European Parliament and the Council on the application of this Directive, including any changes in the electorate which have taken place since its entry into force, within a year of the holding in all the Member States of the municipal elections organized on the basis of the above provisions, and shall, where appropriate, propose appropriate adjustments   including on the basis of the information provided by Member States pursuant to paragraph 1 of this Article. .


 new

Article 15 - Evaluation

Within two years after the 2029 elections to the European Parliament, the Commission shall assess the application of this Directive and produce an evaluation report on the progress towards achievement of the objectives contained herein.

Article 16 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles 2, 8 and 9 shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Directive.

3. The delegation of power referred to in Articles 2, 8 and 9 may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Articles 2, 8 and 9 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.


 94/80/EC (adapted)

 new

Article 1714 -  Transposition 

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with  Articles 8 (2), (3) and (5), 9(1) and (2), 10, 11(1) and (3), 12, 14 and Annexes I, II and III by 31 December 2023   this Directive before 1 January 1996. They shall immediately inform   communicate the text of those measures to  the Commission thereof.

When Member States adopt  those measures   these provisions, these   they  shall contain a reference to this Directive or shall be accompanied by such  a  reference at the time   on the occasion  of their official publication.  They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive(s) repealed by this Directive shall be construed as references to this Directive.  The procedure for such reference shall be adopted by Member States  shall determine how such reference is to be made and how that statement is to be formulated  .

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

 Article 18 

 Repeal 

 Directive 94/80/EC, as amended by the acts listed in Annex IV, Part A, is repealed with effect from 31 December 2023, without prejudice to the obligations of the Member States relating to the time‑limits for the transposition into national law of the Directives set out in Annex IV, Part B. 

 References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex V. 

Article 1915 -  Entry into force and application 

This Directive shall enter into force on the 20th   twentieth  day following that of its publication in the Official Journal of the European Communities   Union  .

 Articles 1 to 7, 8(1), 11(2) and 13 shall apply from 31 December 2023. 

Article 2016 -  Addressees 

This Directive is addressed to the Member States.