B4-0405/95

Resolution on 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

The European Parliament,

- having regard to Article 8b of the EC Treaty, in particular paragraph 1 thereof,

- having regard to 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.)),

- having regard to its opinion of 26 October 1994 on the proposal for a Council Directive 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 C 323, 21.11.1994, p. 75.)),

A. whereas Article 8b(1) of the EC Treaty states that every citizen of the Union residing in a Member State of which he is not a national has the right to vote and to stand as a candidate in the Member State in which he resides, under the same conditions as nationals of that State; whereas the same article further states that the detailed arrangements governing the exercise of this right shall be adopted by the Council on a proposal from the Commission, and may incorporate derogations which may be provided for where warranted by problems specific to a Member State,

B. whereas the same article states that the Council shall consult Parliament before adopting any such draft legislation,

C. whereas Parliament was not consulted on Article 12(2) of the text adopted by the Council,

D. whereas Parliament, as the institution representing the citizens of the Union, exists in the last instance in order to defend those citizens' interests; bearing in mind, therefore, that the legitimate exercise of the functions conferred by the Treaties in response to the Council's stance could be prejudicial to Union citizens,

E. whereas, without prejudice to the above, it is Parliament's duty to ensure that the institutional balance established in the Treaties is rigorously respected at all times,

F. whereas neither the Commission nor the Council has at any stage of the legislative process informed Parliament of the incorporation of the provision in question,

G. whereas European integration is founded on two basic principles:

- institutional balance, with regard to the process of drawing up Community legislation, and

- non-discrimination between citizens of the Union, a corollary of this latter principle being diligent and scrupulous application by the Member States when incorporating Community legislation in such a way as to make effective, without unjustified delays, the rights enshrined in the treaties,

1. Declares that it cannot endorse the form in which the provision embodied in Article 12(2) of the directive has been incorporated into the text;

2. Deplores the fact that this action has prevented any public debate on a derogation from a right established by the Treaty on European Union as a pillar of Union citizenship;

3. Considers that this failure to give Parliament the opportunity to deliver an opinion on this provision prior to its adoption by the Council amounts to blocking Parliament's legitimate exercise of the function conferred on it by Article 8b(1) of the EC Treaty;

4. Recalls that all actions of the Union institutions, without exception, should be based on respect for the institutional balance laid down in the Treaties, and that they must operate democratically and efficiently, with each institution exercising the powers conferred on it;

5. Believes, in view of all the above, that the Council's action can scarcely be considered compatible with the founding principles of European integration, in particular the principle of transparency and the objective of closer contact with the citizens;

6. Deplores any action by a Member State which, taking refuge in the letter of the law, conceals a material unjustified discrimination between citizens of the Union;

7. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.