1994L0080 — EN — 22.05.1996 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE94/80/EC
of19December 1994
layingdowndetailedarrangementsfortheexerciseoftherighttovoteandtostandasacandidate
in municipal elections by citizens of the Unionresiding in a Member State of which they are not
nationals
(OJ L 368, 31.12.1994, p. 38)
Amended by:
Official Journal
No page date
►M1Council Directive 96/30/EC of 13 May 1996 L 122 14 22.5.1996
▼B
COUNCILDIRECTIVE94/80/EC
of19December 1994
laying down detailed arrangements for the exercise of the right to
vote and to stand as a candidate in municipal elections by citizensof the Union residing in a Member State of which they are not
nationals
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 8b (1) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(
1),
Having regard to the opinion of the Economic and Social
Committee(2),
Having regard to the opinion of the Committee of the Regions(3),
Whereasthe Treaty on European Union marksa new s tage in the
process of creating an ever-closer union among the peoples of Europe;
whereasone of the Union'stas ksisto organize, in a manner demon-strating consistency and solidarity, relations between the peoples ofthe Member States; whereas its fundamental objectives include astrengthening of the protection of the rights and interests of thenationalsof itsMember Statesthrough the introduction of a citizens hip
of the Union;
Whereasto that end Title II of the Treaty on European Union intro-
ducesa citizens hip of the Union for all nationalsof the MemberStates and confers on such nationals on that basis a number of rights;
Whereasthe right to vote and to s tand asa candidate in municipal elec-
tionsin the Member State of res idence, embodied in Article 8b (1) ofthe Treaty establishing the European Community, is an instance of theapplication of the principle of equality and non-discrimination between
nationalsand non-nationalsand a corollary of the right to move and
reside freely enshrined in Article 8a of that Treaty;
Whereas application of Article 8b (1) does not presuppose complete
harmonization of Member States' electoral systems; whereas the aim
of that provision is essentially to abolish the nationality requirement
to which most Member States currently make the exercise of the rightto vote and to stand as a candidate subject; whereas, moreover, to takeaccount of the principle of proportionality set out in the third paragraphof Article 3b of the Treaty, the content of Community legislation inthis sphere must not go beyond what is necessary to achieve the objec-
tive of Article 8b (1) of the Treaty;
Whereas the purpose of Article 8b (1) is to ensure that all citizens of
the Union, whether or not they are nationalsof the Member State inwhich they reside, can exercise in that State their right to vote and to
stand as candidates in municipal elections under the same conditions;
whereas the conditions applying to non-nationals, including thoserelating to period and proof of residence, should therefore be identicalto those, if any, applying to nationals of the Member State concerned;whereas non-nationals must not be required to fulfil any special condi-
tions unless, exceptionally, different treatment of nationals and non-
nationals is justified by circumstances specific to the latter distin-guishing them from the former;
WhereasArticle 8b (1) of the Treaty recognizesthe right to vote and to
stand as a candidate in municipal elections in the Member State of resi-1994L0080 — EN — 22.05.1996 — 001.001 — 2
(1) OJ No C 323, 21. 11. 1994.
(2) Opinion delivered on 14 September 1994 (not yet published in the Official
Journal).
(3) Opinion delivered on 28 September 1994 (not yet published in the Official
Journal).
▼B
dence, without actually substituting it for the right to vote and to stand
asa candidate in the Member State of which the Union citizen isanational; whereasthe freedom of Union citizensto choos e whether or
not to take part in municipal electionsin the Member State in which
they reside must be respected; whereas it is appropriate that those citi-zens may express their wish to exercise their right to vote there;whereas provision may be made for those citizens to be registered auto-matically on the electoral roll in those Member States where voting is
not compulsory;
Whereasthe way in which local government operatesin the different
Member Statesisa reflection of different political and legal traditionsand is characterized by an abundance of structures; whereas the term
‘municipal election’ doesnot mean the s ame thing in every Member
State; whereasthe object of thisDirective mus t therefore be clarifiedby defining the term; whereasmunicipal electionsare electionsbydirect universal suffrage at the level of basic local government unitsand their subdivisions; whereas the term covers elections by direct
universal suffrage both to representative councils of municipalities and
of membersof a municipal executive;
Whereas disqualification may be ordered by an individual decision of
the authoritieseither of the Member State of res idence or of the home
Member State; whereas, in view of the political significance of the
holding of elected municipal office, Member Statess hould be entitledto take the steps necessary to ensure that a person who has beendeprived of hisright to s tand asa candidate in hishome Member Stateisnot enabled to recover that right merely by virtue of hisres idence in
another Member State; whereasthisproblem, which iss pecific to non-
national candidates, is important enough to justify a provision underwhich those Member States which consider it necessary are allowedto make such candidates subject not only to the rules on disqualifica-tion of the Member State of residence but also to those of the homeMember State; whereas, in view of the principle of proportionality, it
will be sufficient if the right to vote is made subject only to the rules
on disqualification from voting of the Member State of residence;
Whereas, since the duties of the leadership of basic local government
unitsmay involve taking part in the exercis e of official authority and
in the safeguarding of the general interest, Member States should beable to reserve these offices for their nationals; whereas Member Statesshould also be able to take appropriate measures for that purpose;whereas such measures may not restrict more than is necessary for theachievement of that objective the possibility for other Member States'
nationalsto be elected;
Whereas, it should likewise be possible for participation by elected
municipal officers in the election of a parliamentary assembly to be
reserved for own nationals;
Whereas, where Member States' laws provide that the holding of
elected municipal office isincompatible with holding other offices ,Member States should be able to extend their scope to include equiva-
lent officesheld in other Member States ;
Whereasany derogation from the general rulesof thisDirective mus t
be warranted, pursuant to Article 8b (1) of the Treaty, by problems
specific to a Member State; whereas any derogation must, by its very
nature, be subject to review;
Whereas such specific problems may arise in a Member State in which
the proportion of citizensof the Union of voting age, who res ide in it
but are not nationalsof it, isvery s ignificantly above average; whereas
derogationsare warranted where s uch citizensform more than 20% ofthe total electorate; whereas such derogations must be based on thecriterion of period of residence;
Whereascitizens hip of the Union isintended to enable citizensof the
Union to integrate better in their host country; whereas in this contextit isin accordance with the intentionsof the authorsof the Treaty toavoid any polarization between lists of national and non-national candi-dates;1994L0080 — EN — 22.05.1996 — 001.001 — 3
▼B
Whereasthisris k of polarization concernsin particular a Member State
in which the proportion of non-national citizensof the Union of votingage exceeds20% of the total number of citizensof the Union of voting
age who reside there; whereas it is important, therefore, that this
Member State be able to lay down, in compliance with Article 8b ofthe Treaty, specific provisions concerning the composition of lists ofcandidates;
Whereasaccount mus t be taken of the fact that in certain Member
Statesres identswho are nationalsof other Member Stateshave the
right to vote in electionsto the national parliament and whereasthe
formalities provided for in this Directive can consequently be eased;
Whereasthe Kingdom of Belgium ischaracterized by s pecific features
and balanceslinked to the fact that Articles1 to 4 of itsCons titutionprovide for three official languagesand a territorial divis ion intoregions and communities, as a result of which full application of this
Directive in certain communes might have effects such as to necessitate
providing for the possibility of a derogation from the provisions of thisDirective in order to take account of those specific features andbalances;
Whereas the Commission will assess the application of the Directive in
law and in fact, including any changesin the electorate which have
taken place since its entry into force; whereas the Commission will
submit a report in this connection to the European Parliament and tothe Council,
THE COUNCIL OF THE EUROPEAN UNION:
CHAPTER I
General provisions
Article 1
1. ThisDirective laysdown the detailed arrangementswhereby citi-
zensof the Union res iding in a Member State of which they are notnationals may exercise the right to vote and to stand as a candidate
there in municipal elections.
2. Nothing in thisDirective s hall affect each Member State'sprovi-
sions concerning the right to vote or to stand as a candidate either of itsnationals who reside outside its territory or of third country nationalswho reside in that State.
Article 2
1. For the purposes of this Directive:
(a) ‘basic local government unit’ means the administrative entities
listed in the Annex 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 politicaland administrative organization, certain local affairs on their ownresponsibility;
(b) ‘municipal elections’ means elections by direct universal suffrage
to appoint the membersof the repres entative council and, whereappropriate, under the lawsof each Member State, the head andmembersof the executive of a bas ic local government unit:
(c) ‘Member State of residence’ means the Member State in which a
citizen of the Union resides but of which he is not a national;
(d) ‘home Member State’ meansthe Member State of which a citizen
of the Union isa national;
(e) ‘electoral roll’ meansthe official regis ter of all votersentitled to
vote in a given basic local government unit or in one of its subdivi-sions, drawn up and kept up-to-date by the competent authorityunder the electoral law of the Member State of residence, or thepopulation register if it indicates eligibility to vote;1994L0080 — EN — 22.05.1996 — 001.001 — 4
▼B
(f) ‘reference date’ meansthe day or dayson which citizensof the
Union must satisfy, under the law of the Member State of resi-dence, the requirementsfor voting or for s tanding asa candidate
in that State;
(g) ‘formal declaration’ meansa declaration by the pers on concerned,
inaccuracy in which makes that person liable to penalties, in accor-
dance with the national law applicable.
2. A Member State shall notify the Commission if any local govern-
ment unit referred to in the Annex is, by virtue of a change in itsdomestic law, replaced by another unit having the functions referredto in paragraph 1 (a) of thisArticle or if, by virtue of s uch a change,
any such unit is abolished or further such units are created.
Within three monthsof receipt of s uch a notification, together with a
Member State's assurance that no person's rights under this Directivewill be prejudiced, the Commission shall adapt the Annex by makingappropriate substitutions, deletions or additions. The Annex so revised
shall be published in the Official Journal.
Article 3
Any person who, on the reference date:
(a) is a citizen of the Union within the meaning of the second subpar-
agraph of Article 8 (1) of the Treaty; and
(b) isnot a national of the Member State of res idence, but in any event
satisfies the same conditions in respect of the right to vote and tostand as a candidate as that State imposes by law on its ownnationals,
shall have the right to vote and to stand as a candidate in municipal
electionsin the Member State of res idence in accordance with thisDirective.
Article 4
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 within the scope of Article 3 shall be deemed tohave fulfilled that condition where they have resided for an equivalentperiod in other Member States.
2. If, under the lawsof the Member State of res idence, itsown
nationals may vote or stand as candidates only in the basic local
government unit in which they have their principal residence, votersand persons entitled to stand as candidates within the scope of Article3 shall also be subject to this 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 subjectto his having spent a minimum period as a resident in that unit.
Nor shall paragraph 1 affect any national provision already in force on
the date of adoption of thisDirective, whereby the exercis e by anyperson of such right to vote and to stand as a candidate is subject to
his 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
1. Member Statesof res idence may provide that any citizen of the
Union who, through an individual decision under civil law or a crim-inal law decision, has been deprived of his right to stand as a
candidate under the law of hishome Member State, s hall be precluded
from exercising that right in municipal elections.
2. An application from any citizen of the Union to stand as a candi-
date in municipal electionsin the Member State of res idence may bedeclared inadmissible where that citizen is unable to produce the1994L0080 — EN — 22.05.1996 — 001.001 — 5
▼B
declaration referred to in Article 9 (2) (a) or the attestation referred to
in Article 9 (2) (b).
3. Member Statesmay provide that only their own nationalsmay
hold the office of elected head, deputy or member of the governingcollege of the executive of a basic local government unit if elected tohold office for the duration of hismandate.
The Member Statesmay als o lay down that the temporary or interim
performance of the functionsof a head, deputy or member of thegoverning 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 subpara-graph can be performed only by their own nationals.
4. Member States may also stipulate that citizens of the Union
elected as members of a representative council shall take part in neitherthe designation of delegates who can vote in a parliamentary assemblynor the election of the members of that assembly.
Article 6
1. Persons entitled to stand as candidates within the scope of Article
3 shall be subject to the same conditions concerning incompatibility as
apply, under the lawsof the Member State of res idence, to nationalsof
that State.
2. Member Statesmay provide that the holding of elected municipal
office in the Member State of residence is also incompatible with the
holding of officesin other Member Stateswhich are equivalent to thos e
which give rise to incompatibility in the Member State of residence.
CHAPTER II
Exercise oftherighttovoteandtherighttostandasacandidate
Article 7
1. A voter within the scope of Article 3 shall exercise his right to
vote in municipal electionsin the Member State of res idence if he has
expressed the wish to do so.
2. If voting is compulsory in the Member State of residence, voters
within the scope of Article 3 who have been entered on the electoral
roll there shall also be obliged to vote.
3. Member Stateswhere voting isnot compuls ory may provide for
the automatic registration of voters within the scope of Article 3 on
the electoral roll.
Article 8
1. Member States shall take the necessary measures to enable a
voter within the scope of Article 3 to be entered on the electoral rollsufficiently in advance of polling day.
2. In order to have hisname entered on the electoral roll, a voter
within the scope of Article 3 shall produce the same documents as avoter who isa national.
The Member State of residence may also require a voter within the
scope of Article 3 to produce a valid identity document, along with aformal declaration s tating hisnationality, and hisaddres sin theMember State of residence.
3. Voterswithin the s cope 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 timeas they are removed automatically because they no longer satisfy therequirementsfor exercis ing the right to vote.1994L0080 — EN — 22.05.1996 — 001.001 — 6
▼B
Voterswho have been entered on the electoral roll at their reques t 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 unitunder the same conditions as voters who are nationals.
Article 9
1. When he submits his application to stand as a candidate, a person
entitled to stand as a candidate within the scope of Article 3 shallproduce the same supporting documents as a candidate who is anational. The Member State of residence may require him to producea formal declaration stating his nationality and his address in the
Member State of residence.
2. The Member State of residence may also require a person entitled
to stand as a candidate within the scope of Article 3 to:
(a) state in the formal declaration which he produces in accordance
with paragraph 1 when submitting his application to stand as acandidate that he hasnot been deprived of the right to s tand asa
candidate in hishome Member State;
(b) in case of doubt regarding the content of the declaration pursuant to
(a), or where required under the legal provisions of a MemberState, to produce before or after the election an attestation fromthe competent administrative authorities in his home Member Statecertifying that he hasnot been deprived of the right to s tand asa
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 produces in accordance with para-
graph 1 that he holdsno office which isincompatible within themeaning of Article 6 (2);
(e) indicate his last address in his home Member State, in so far as he
hashad one.
Article 10
1. The Member State of residence shall inform the person concerned
in good time of the action taken on hisapplication for entry on theelectoral roll or of the decision concerning the admissibility of hisapplication to stand as a candidate.
2. Should a person not be entered on the electoral roll or have his
application form entry refused or have his application to stand as acandidate rejected, the person concerned shall be entitled to legal reme-
dies on similar terms as the laws of the Member State of residence
prescribe for voters and persons entitled to stand as candidates whoare itsnationals .
Article 11
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 conditionsand detailed arrangementsfor
the exercise of the right to vote and to stand as a candidate in electionsin that State.
CHAPTER III
Derogationsandtransitionalprovisions
Article 12
1. Where, on 1 January 1996, in a given Member State, the propor-
tion of citizensof the Union of voting age who res ide in it but are notnationalsof it exceeds20% of the total number of citizensof the Unionresiding there who are of voting age, that Member State may, by wayof derogation from thisDirective:1994L0080 — EN — 22.05.1996 — 001.001 — 7
▼B
(a) restrict the right to vote to voters within the scope of Article 3 who
have resided in that Member State for a minimum period, whichmay not be longer than the term for which the representative
council of the municipality iselected;
(b) restrict the right to stand as a candidate to persons entitled to stand
as candidates within the scope of Article 3 who have resided in thatMember State for a minimum period, which may not be longer
than twice the term for which the representative council of the
municipality iselected; and
(c) take appropriate measures with regard to the composition of lists of
candidatesto encourage in particular the integration of citizensof
the Union, who are nationalsof 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 (a) toa limited number of local government units, the list of which it shallcommunicate at least one year before the local government unit elec-tionsfor which it intendsto invoke the derogation.
3. Where, on 1 January 1996, the lawsof a Member State pres cribe
that the nationalsof another Member State who res ide 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 exactlythe same conditions as national voters, the first Member State may, byway of derogation from thisDirective, refrain from applying Articles6to 11 in respect of such persons.
4. By 31 December 1998 and every six years thereafter, the
Commission shall submit to the European Parliament and to the
Council a report in which it shall check whether the grant to theMember Statesconcerned of a derogation purs uant to Article 8b (1)of the Treaty is still warranted and shall propose that any necessaryadjustments be made. Member States which invoke derogations underparagraphs 1 and 2 shall furnish the Commission with all the necessary
background information.
CHAPTER IV
Finalprovisions
Article 13
The Commission shall submit a report to the European Parliament and
the Council on the application of thisDirective, including any changesin the electorate which have taken place since its entry into force,within a year of the holding in all the Member Statesof the municipalelections organized on the basis of the above provisions, and shall,
where appropriate, propose appropriate adjustments.
Article 14
Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to comply with this Directive before 1
January 1996. They shall immediately inform the Commission thereof.
When Member States adopt these provisions, these shall contain a
reference to this Directive or shall be accompanied by such referenceat the time of their official publication. The procedure for such refer-ence shall be adopted by Member States.
Article 15
ThisDirective s hall enter into force on the 20th day following that of
itspublication in the Official Journal of the European Communities .
Article 16
This Directive is addressed to the Member States.1994L0080 — EN — 22.05.1996 — 001.001 — 8
▼B
ANNEX
‘Basic local government unit’ within the meaning of Article 2 (1) (a) of this
Directive meansany of the following:
in Denmark:
amtskommune, Koøbenhavns (SIC! Københavns) kommune, Frederiksberg
kommune, primærkommune,
in Belgium:
commune/gemeente/Gemeinde,
in Germany:
kreisfreie Stadt bzw. Stadtkreis; Kreis;
Gemeinde, Bezirk in der Freien und Hansestadt Hamburg und im Land Berlin;Stadtgemeinde Bremen in der Freien Hansestadt Bremen,Stadt-, Gemeinde-, oder Ortsbezirke bzw. Ortschaften,
in Greece:
κοινότης;
δήµος;
in Spain:
municipio,
entidad de ámbito territorial inferior al municipal,
in France:
commune,
arrondissement dans les villes déterminées par la législation interne, section de
commune
in Ireland:
country, county borough
borough, urban district, town,
in Italy:
comune,
circoscrizione,
in Luxembourg:
commune,
in the Netherlands:
gemeente,
deelgemeente
in Portugal:
município,
freguesia,
in the United Kingdom:
counties in England; counties, county boroughs and communities in Wales:
regions and Islands in Scotland; districts in England, Scotland and Northern
Ireland; London boroughs; parishes in England; the City of London in relation
to ward electionsfor common councilmen.1994L0080 — EN — 22.05.1996 — 001.001 — 9
▼M1
in Austria:
Gemeinden, Bezirke in der Stadt Wien
in Finland:
kunta, kommun, kommun på Åland
in Sweden:
kommuner, landsting.
StatementintheminutesbytheGermandelegationre Article2(1)(b)
The Federal Republic of Germany assumes that the definition in Article 2 (1)
(b) regarding the election of the head and membersof the executive of a bas ic
local government unit may also be extended to include removal from office by
electoral process ‘Abwahl’.
The Federal Republic of Germany would point out that under German constitu-
tional law the rulesgoverning municipal electionsapply mutatis mutandis to
local assemblies where these take the place of an elected representative council.
StatementintheminutesbytheCouncilandtheCommissionre Article3
Article 3 does not rule out the possibility for a Member State of ensuring in a
non-discriminatory manner that a voter within the scope of Article 3 is not
deprived of the right to vote in a Member State other than the Member State
of residence if that same condition applies to its own nationals.
StatementintheminutesbytheLuxembourgdelegationontheCounciland
CommissionstatementreArticle 3
The Luxembourg authoritiesinterpret the word ‘ens uring’ astantamount to a
statement on his honour made by a voter within the scope of Article 3 when
he isentered on the electoral roll.
Statement in the minutes by the Council and the Commission re the third
subparagraphofArticle5(3)
The measures referred to in the third subparagraph of Article 5 (3) may not
restrict more than is necessary for the achievement of the objectives set out in
the first and second subparagraphs of Article 5 (3) the possibility for other
Member States' nationals to be elected.
StatementintheminutesbytheFrenchdelegationreArticle5(4)
The possibility of excluding citizens of the Union who are nationals of other
Member Statesfrom the election of or election to the college which electsthe
French Senate, pursuant to Article 5 (4), in no way jeopardizes the right to vote
or stand in municipal elections arising out of Article 8b (1) of the Treaty estab-
lishing the European Community.
Statement in the minutes by the Council on the statement by the Belgian
delegationreArticle 12(2)
The Council takesnote of the following s tatement by the Belgian delegation:
StatementintheminutesbytheBelgiandelegationre Article12(2)
Belgium states that if it were to make use of the derogation provided for in
Article 12 (2) that derogation would be applied to only some of the local
government unitsin which the number of voterswithin the s cope of Article 3
exceeded 20% of all voterswhere the Belgian Federal Government regarded
the specific situation as justifying an exceptional derogation of that kind.1994L0080 — EN — 22.05.1996 — 001.001 — 10
▼B
▼B
Statement in the minutes by the Council on the Commission statement re
Article13
The Council notes the following statement by the Commission:
StatementintheminutesbytheCommissionre Article13
The Commission states that it will pay particular attention to the changes in the
electorate following the entry into force of Directive which could create specific
problemsfor certain Member States .
StatementintheminutesbytheGreekdelegationreArticle 13
In view of itsgeographical pos ition, Greece attachesparticular importance to the
report that the Commission will be drawing up pursuant to Article 13.
It expects that the Commission, bearing in mind changes in the electorate in the
Member States, will assess the specific problems they may well face following
the entry into force of the Directive.
StatementintheminutesbytheSpanishdelegationre Gibraltar
The Kingdom of Spain s tatesthat if, under the termsof Council Directive 94/80/
EC of 19 December 1994 laying down detailed arrangementsfor the exercis e 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, the
United Kingdom decidesto extend itsapplication to Gibraltar, s uch application
will be deemed to be without prejudice to Spain's position with respect to
Gibraltar.1994L0080 — EN — 22.05.1996 — 001.001 — 11