EC on the right to vote and to stand as a candidate in municipal elections - Main contents

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dossier	COM(2018)44 - Application of Directive 94/80/EC on the right to vote and to stand as a candidate in municipal elections.
document	COM(2018)44
date	January 25, 2018

Annex with a list of national definitions of ‘basic local government unit’ ²⁴ , which is how the Directive establishes what a municipal election within its scope of application is. The Commission has been informed by Denmark, Hungary, Ireland, the UK and the Netherlands ²⁵ that amendments are needed and is preparing the necessary action.

4. Ensuring support for the exercise of voting rights

Albeit by different means, many Member States carry out activities to inform mobile EU citizens of their electoral rights in municipal elections ²⁶ . For example, 10 Member States send polling cards or individual letters informing mobile EU citizens about the electoral process. Ten Member States provide electoral information on an official website. Luxembourg, Spain and Malta organise campaigns specifically targeting foreign nationals to raise electoral awareness. Latvia and the UK have dedicated ‘helplines’. Information in leaflets or the local press is provided by five states.

For instance, in Ireland, the local authorities in Dublin provided support to mobile EU citizens to vote at the 2014 municipal elections. These were combined municipal and European Parliament elections. They used various out-of-home advertising and online information. An online campaign targeted all residents — i.e. Irish and non-Irish — to get young people in Ireland to register to vote. Brochures were also published in 17 languages to explain the electoral roll and systems for registration in the country.

Some Member States have specific practices to support turnout of specific groups. In Malta there are facilities to make it easier for voters with a disability to vote, including mobile EU citizens (braille templates for the ballot paper, audio recorders at polling booth, and voting instructions written and read in Maltese and English). The Local Councils Act was amended to enable national and mobile EU citizens residing in retirement homes to vote inside their homes and patients in hospitals to vote inside their hospital. Also, if justified, EU citizens can cast their vote a week before Election Day ²⁷ .

The Commission has also taken specific initiatives to improve awareness of electoral rights. This includes providing information to EU citizens through the Your Europe portal, which currently receives over 1.4 million visits per month ²⁸ .

Through the Rights, Equality and Citizenship Programme, the Commission has allocated a total of EUR 3.5 million in action grants for projects in 2014, 2016 and 2017 to foster the successful inclusion and participation of mobile EU citizens in their host countries, including participation in municipal elections. The projects were carried out by organisations across the EU and reached many thousands of mobile EU citizens. .

For instance, the ‘Welcome Europe project’ brought the cities of Amsterdam, Brussels, Copenhagen, Dublin, Gothenburg and Hamburg together with universities and the non-governmental sector. Running from January 2015 to December 2016, the project sought to encourage the exchange of good practices on designing ‘welcome policies’ for mobile EU citizens. Project results were disseminated through a series of transnational conferences and the production of a toolkit ²⁹ .

The project showed that it was important for municipal authorities to actively inform mobile EU citizens about their rights, entitlements and duties and about the practicalities of living in their new community. This could be done, for example, through a one-stop-shop and brochures. Municipal authorities’ communication channels should be made accessible to people who have imperfect abilities in the local language. Municipal authorities should also try to include representatives of mobile EU citizen groups in local advisory bodies and discussion groups. Finally, the local population should be encouraged to interact with mobile EU citizens living in the city.

5. Conclusions

Free and universal elections are the foundation of legitimate democratic governance, and supporting turnout at all levels of power is a priority. In its 2017 EU citizenship report, the Commission called on the Member States to promote participation in democratic life by better informing citizens of their electoral rights and removing barriers to their participation. This was supported in the Conclusions issued by the Council of the European Union on 11 May 2017 ³⁰ . The European Parliament and the Committee of the Regions are expected to adopt their opinion on the citizenship report in late 2017.

EU citizens are increasingly moving and residing in other Member States. Since the previous two reports, the population of mobile EU citizens has doubled, with around 14 million of voting age in 2016, but the levels of voter registration for mobile EU citizens in municipal elections remain low. Voter turnout is an ongoing challenge for all democracies. The very low turnout for mobile citizens is worrying as there is a real danger that they do not exercise their electoral rights both in their home and host countries. This excludes them completely from any democratic participation. Voting is a habit which should be encouraged ³¹ .

Better data collection appears necessary. More quantitative and qualitative data on mobile EU citizens’ awareness and exercise of political rights and any difficulties they experience in participating in their local communities would help to address the low turn-out of mobile EU citizens. Data on the number of mobile citizens is often only collected at national level, not at regional or local level. Yet such regional and local data are needed to assist targeted EU policymaking and raise the visibility of mobile EU citizens among local stakeholders.

While many issues have been resolved, the Commission continues to monitor the Directive’s implementation and is still in dialogue with a few Member States.

Restrictions on mobile EU citizens holding executive posts in their local administrations are slowly diminishing in the Member States.

The Commission considers that Luxembourg’s request to continue its derogation under the Directive remains warranted. It will also take the necessary steps to amend the Annex to the Directive, updating the list of national definitions of a basic local government unit in the light of recent changes in some Member States.

Getting mobile EU citizens more involved in municipal elections and more broadly in European political life is a challenge that requires a joint effort by the Member States, including their local and regional authorities, the EU institutions, civil society and political parties. This is essential to ensure the inclusion of mobile EU citizens in the social and political lives of their host communities.

The Commission will implement the following actions:

Better knowledge

Looking ahead to the participation of EU citizens in municipal elections in the Member States and in the 2019 European elections, the Commission will run a special Eurobarometer survey on democratic participation of mobile EU citizens in 2018. The aim will be to improve the exercise of electoral rights and democratic standards in the Union, The Commission will seek to improve the collection of regional-level demographic data for mobile EU citizens. It will also task the network of academics on EU citizenship rights to compile more qualitative evidence on what mobile citizens’ need to participate politically in municipal and European elections and the democratic context, and practices to support participation.

Informing and raising awareness

In preparation for the next European elections, the Commission will incorporate information on EU citizenship rights, including electoral rights, in its information campaigns. Awareness-raising activities will be also taken to promote voter registration and participation of mobile citizens in Member States where municipal elections are to be held ³² .

The Commission will actively promote the ‘Your Europe’ portal, where EU citizens will find easily accessible information on the electoral formalities in their resident Member State.

Making the voting process easier

Making it easier for voters to register and vote is especially important. Studies show that EU citizens themselves, in particular those voting in a country other than their country of nationality, would welcome practices making it easier for them to vote in these elections as non-nationals (e.g. individual letters, online registration on the electoral roll, etc.) ³³ .

Automatic registration of voters, including through the network of Member State experts in electoral matters will be promoted.

A study on remote voting (including postal and e-voting) will be completed in 2018. It will consider further ways to facilitate voter registration and voting in all types of elections.

Finally, a high-level event on democratic participation with a particular focus on encouraging best practices to increase the participation of young people and vulnerable and underrepresented groups will be organised in 2018.

Engaging stakeholders

The Commission intends to cooperate with the Committee of the Regions (through its CIVEX Commission ³⁴ ) and its network of regional and local authorities. The aim is to promote activities that increase participation in political life by gathering information on the experience of local authorities and promoting best practices at local level. The Commission will coordinate this work with its network of Member State experts in electoral matters.

The Commission will address the issue of political participation of mobile EU citizens, including those with disabilities or belonging to minorities, as part of its high-level event on democratic matters in 2018. The Commission also organised a workshop on ‘engendering our democracies’ during its annual Colloquium on Fundamental Rights in November 2017. The aim here was to contribute to practices to foster women’s political engagement and a commitment to greater gender equality and empowerment of women in the European elections.

The Commission will continue to use the rights, equality and citizenship programme to fund projects promoting the successful inclusion and participation of mobile EU citizens in their host countries, including participation in municipal elections. These projects are carried out by organisations across the EU and reach many mobile EU citizens.

ANNEX

Data tables

Table 1.1: EU citizen registration for municipal elections*

	Member State reported applying automatic registration for municipal elections (Member State data)	Member State population of voting age (aged 15+) on 01.01.2016 (Eurostat data of 2016)	Number of EU citizens (aged 15+) resident in the Member State on 01.01.2016 (Eurostat data of 2016)	Numbers of EU citizens reported as entitled to vote in municipal elections (Member State data)	Numbers of EU citizens registered to vote in municipal elections (Member State data)	Percentage of EU citizens (aged 15+) registered to vote in municipal elections on 01.01.2016 (Eurostat and Member State data)	Percentage of EU citizens registered to vote in municipal elections (Member State data)	Member State voting population vs EU citizens voting age (%)
Finland	x	4 591 285	80 608	81 062	81 062	-	100.0	1.76
Latvia	x	1 668 697	5 523	15 452	15 452	-	100.0	0.33
Netherlands	x	14 179 348	405 499	430 985	430 985	-	100.0	2.86
Hungary	(x)	8 406 037	79 865	105 061	104 805	-	99.8	0.95
Malta	x	372 514	14 021	14 021	14 021	100.0	100.0	3.76
Lithuania	x	2 464 811	4 528	4 870	4 524	99.9	92.9	0.18
Denmark	x	4 746 977	168 754	178 909	113 773	67.4	63.6	3.55
Ireland		3 687 782	318 565	323 460	78 648	24.7	24.3	8.64
France		54 431 181	1 328 334	1 248 807	279 488	21.0	22.4	2.44
Luxembourg		481 358	189 921	159 485	28 342	14.9	17.8	39.46
Belgium		9 389 775	744 658	765 490	104 683	14.1	13.7	7.93
Portugal	x	8 880 498	96 391		12 992	13.5	-	1.09
Greece		9 226 985	180 025	19 413	19 413	10.8	100.0	1.95

* Based on Eurostat data for 2016 on population by age group, sex and citizenship [migr_pop1ctz], extracted on 31.10.17and data provided by the Member States

Table 1.2 Overview of mobile EU citizen data**

	Number of EU citizens (aged 15+) resident in the Member State on 01.01.2016 (Eurostat data of 2016)	Numbers of EU citizens reported as entitled to vote in municipal elections (Member State data)	Numbers of EU citizens registered to vote in municipal elections (Member State data)	Percentage of EU citizens registered to vote in municipal elections (Member State data)	Member State population of voting age (aged 15+) on 01.01.2016 (Eurostat data of 2016)	Member State voting population vs EU citizens voting age (%)	Numbers of EU citizens registered to stand as a candidate in municipal elections (Member State data)	Percentage of EU citizens standing for candidates elected in municipal elections
Country
Belgium	744,658	765,490	104,683	14,1	9,389,775	7,93
Bulgaria	12,544				6,155,578	0,20
Czech Republic	183,497				8,930,127	2,05
Denmark	168,754	178,909	113,773	67,4	4,746,977	3,55	65	9,2
Germany	3,437,834	1,885,464*			71,294,558	5,33
Estonia	14,188				1,104,499	1,28
Ireland	318,565	323,460	78,648	24,7	3,687,782	8,64
Greece	180,025	19,413	19,413	10,8	9,226,985	1,95
Spain	1,731,468	2,074,248			39,414,699	4,39	1,913
France	1,328,334	1,248,807	279,488	21,0	54,431,181	2,44
Croatia	12,438				3,579,197	0,35
Italy	1,281,928				52,383,692	2,45
Cyprus	96,362				708,781	13,60
Latvia	5,523	15,452	15,452	279,8	1,668,697	0,33	10	20,0
Lithuania	4,528	4,870	4,524	99,9	2,464,811	0,18	5	20,0
Luxembourg	189,921	159,485	28,342	14,9	481,358	39,46	225	7,6
Hungary	79,865	105,061	104,805	131,2	8,406,037	0,95	41	12,2
Malta	14,021	14,021	14,021	100,0	372,514	3,76	9	22,2
Netherlands	405,499	430,985	430,985	106	14,179,348	2,86
Austria	525,361				7,444,897	7,06
Poland	21,898				32,258,354	0,07
Portugal	96,391		12,992	13,5	8,880,498	1,09
Romania	46,434		40,846		16,695,321	0,28	53	15
Slovenia	16,697				1,757,798	0,95
Slovakia	47,747				4,594,209	1,04
Finland	80,608	81,062	81,062	100,6	4,591,285	1,76
Sweden	265,042				8,133,874	3,26	419	20,8
United Kingdom	2,677,936				53,795,166	4,98

*18 years of age and over in the Ländern Bayern, Berlin, Brandenburg, Bremen, Hessen, Niedersachsen, Mecklenburg-Vorpommern, Rheinland-Pfalz, Sachsen and Sachsen-Anhalt

** Based on Eurostat data for 2016 on population by age group, sex and citizenship [migr_pop1ctz], extracted on 31.10.17and data provided by the Member States

Table 1.3 Overview of qualitative returns submitted by Member States to questionnaire used to prepare this report

(1) http://europa.eu/rapid/press-release_SPEECH-17-3165_en.htm
(2) It is also a fundamental right laid down by Article 40 of the Charter of fundamental rights of the European Union.
(3) Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals (OJ L 368, 31.12.1994, p. 38).
(4) These terms are defined in the Directive, and would be e.g. a town mayor.
(5) The first report on transposition and implementation of the Directive under Article 13 was adopted by the Commission in 2002 (COM(2002) final 260). The second report was adopted in 2012 (COM(2012) 99, 9.3.2012). It assessed the state of transposition and implementation in the Member States which had joined the EU since 2002 and reported on the Commission’s assessment of the declarations to the Directive under Article 14.
(6) The relevant Eurostat data on population is available according to three age groups (0-14, 15-64 and 65+). For the purposes of this report, the population of voting age is counted from 15 onward.
(7) Exact data on the regions and municipalities where mobile EU citizens live cannot always be obtained.
(8) http://ec.europa.eu/eurostat/statistics-explained/index.php/Migration_and_migrant_population_statistics .
(9) Flash Eurobarometer No 430 European Union Citizenship 2016.
(10) 66 % knew about the same right in 2012. Flash Eurobarometer No 364 Electoral Rights 2012.
(11) The earliest period for which largely complete data becomes available from Eurostat for this age group of mobile citizens.
(12) 13 Member States experienced double digit percentage increases: the Czech Republic, Denmark, Germany, Croatia, Estonia, Malta, the Netherlands, Lithuania, Austria, Romania Slovakia, Finland and the UK.
(13) This is also reflected in the study prepared for the 2014 European election report http://ec.europa.eu/justice/citizen/document/files/final_report_2014_ep_elections_study_cses_10_march_2015.pdf
(14) Bulgaria, the Czech Republic, Germany, Denmark, Finland, Hungary, Lithuania, Latvia, Malta, the Netherlands, Portugal, Romania, Sweden and Slovenia automatically enrol their citizens on the electoral rolls.
(15) Finland, Hungary, Malta, Slovenia, UK, Luxembourg and Sweden.
(16) Article 2 defines ‘basic local government unit’, ‘municipal elections’, ‘Member State of residence’, ‘home Member State’, ‘electoral roll’, ‘reference date’, ‘formal declaration’.
(17) See nevertheless for further reference point 3.3.
(18) Bulgaria, Czech Republic, Germany, Denmark, Finland, Hungary, Lithuania, Latvia, Malta, the Netherlands, Portugal, Romania, Sweden and Slovenia.
(19) Denmark, Estonia, Finland, Ireland, Latvia, Luxembourg, Malta, the Netherlands, Portugal, Romania,Slovakia, Spain, Sweden and the United Kingdom.
(20) Hungary, Poland and Slovenia.
(21) Belgium, Cyprus, the Czech Republic, France, Italy and Lithuania.
(22) Bulgaria and Greece.
(23) Flash Eurobarometer No 431 Electoral Rights 2015
(24) Article 2(1)(a) of the Directive defines ‘basic local government unit’ as the administrative entities listed in the Annex.
(25) Questionnaire handed out at the Commission’s expert group on electoral matters.
(26) Source: Questionnaire handed out at the Commission’s expert group on electoral matters.
(27) They have to declare that they would be either abroad, or undergoing a medical operation, or are pregnant and expect delivery on Election Day. Source: Questionnaire handed out at the Commission’s expert group on electoral matters.
(28) COM(2017) 30 final.
(29) The work of this project, and that of others funded through the 2014 action grant calls of the rights, equality and citizenship programme, was recently showcased at the European Week of Regions and Cities, co-hosted by the Commission and the Committee of the Regions. Contributions included: the ONTHEMOVE project by the Centre for European Constitutional Law — Themistocles & Dimitris Tsatsos Foundation; The ‘Living Rights’ Project by the Law Centres Network; ACT Active Citizens Together by the East of England and Local Government Association; and One-stop-shops for the political participation of mobile EU citizens by the Migration Policy Group.
(30) https://www.consilium.europa.eu/media/22130/st09008en17.pdf.
(31) ‘I always vote’ was reported as the number one reason for voting, according to a European Parliament study http://www.europarl.europa.eu/pdf/eurobarometre/2014/post/post_2014_survey_analitical_overview_en.pdf .
(32) Municipal elections will be held in 2018 in Belgium, Hungary, Malta, Poland, Slovakia, Slovenia, Sweden, the Czech Republic, the Netherlands and the UK. In 2019 they will be in Bulgaria, Greece, Ireland and Lithuania.
(33) See Flash Eurobarometer 430 on EU citizenship, and the 2015 public consultation for the EU citizenship report.
(34) Commission for Citizenship, Governance, Institutional and External Affairs, Committee of the Regions.