No C 290/4 Official Journal of the European Communities 18. 11. 89 
II 
(Preparatory Acts) 
COMMISSION 
Amended proposal for a Council Directive on voting rights for Community nationals in local 
elections in their Member State of residence (') 
COM(89) 524 final 
(Submitted by the Commission pursuant to Article 149.2 (d) of the EEC Treaty 23 October 1989) 
(89/C 290/05) 
O OJ No C 246, 20. 9. 1988, p. 3. 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
COM(88) 371 final ~ 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 235 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 3 (c) of the EEC Treaty stipulates that 
the activities of the Community include the abolition, as 
between Member States, of obstacles to freedom of 
movement for persons; 
Whereas Article 8 (a) of the EEC Treaty requires the 
Community to adopt measures with the aim of 
progressively establishing an area without internal 
frontiers in which the free movement of persons is 
ensured in accordance with the provisions of the Treaty; 
Whereas if the right to move freely is to be exercised, by 
objective standards, in freedom and dignity, Community 
nationals must be integrated into the life of the host 
country; THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 235 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the right to vote in local elections has been 
repeatedly claimed by Community citizens residing in 
Community countries which are not their countries of 
origin, and whereas the European Parliament has dealt 
with this question and expressed its views on it on several 
occasions; 
Whereas Article 3 (c) of the EEC Treaty stipulates that 
the activities of the Community include the abolition, as 
between Member States, of obstacles to freedom of 
movement for persons; 
Whereas Article (8) (a) of the EEC Treaty requires the 
Community to adopt measures with the aim of 
progressively establishing an area without internal 
frontiers in which the free movement of persons is 
ensured in accordance with the provisions of the Treaty; 
Whereas if the right to move freely is to be exercised, by 
objective standards, in freedom and dignity, Community 
nationals must be integrated into the life of the host 
country; 
18. 11. 89 Official Journal of the European Communities No C 290/5 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Whereas the right to vote and stand for election in local 
elections in the Member State of residence is a necessary 
step towards achieving such integration, contributing to 
respect for democratic rights which Member States 
pledged themselves to promote in the Single European 
Act; Whereas the right to vote and stand for election in local 
elections in the Member State of residence is a necessary 
step towards achieving such integration, contributing to 
respect for democratic rights which Member States 
pledged themselves to promote in the Single European 
Act; 
Whereas the need for action on recognition of the right 
to vote in local elections in the Member State of 
residence has been reaffirmed on many occasions by the 
highest Community bodies from the Paris Summit in 
1974 to the report of the ad hoc Committee on a 
People's Europe approved by the Milan European 
Council in June 1985; Whereas the need for action on recognition of the right 
to vote in local elections in the Member State of 
residence has been reaffirmed on many occasions by the 
highest Community bodies from the Paris Summit in 
1974 to the report of the ad hoc Committee on a 
People's Europe approved by the Milan European 
Council in June 1985; 
Whereas the right to vote in local elections is withdrawn 
from citizens of certain Member States residing in 
another Member State; whereas exercise of the right to 
vote in the municipality of residence should therefore be 
one of the objectives of Community action; whereas, to 
this end, steps must be taken to ensure that free 
movement of persons is not achieved at the expense of a 
loss of political rights at local level; Whereas the right to vote in local elections is withdrawn 
from citizens of certain Member States residing in 
another Member State; whereas exercise of the right to 
vote in the municipality of residence should therefore be 
one of the objectives of Community action; whereas, to 
this end, steps must be taken to ensure that free 
movement of persons is not achieved at the expense of a 
loss of political rights at local level; 
Whereas the right to vote in local elections should be 
granted in the country of residence to nationals of the 
other Member States on request, provided that they can 
demonstrate that they have been continuously resident in 
that Member State for at least the term of office of one 
municipal council; whereas other requirements applicable 
to nationals should apply equally to nationals of the 
other Member States; Whereas the right to vote and stand for election in local 
elections should be granted in the country of residence 
to nationals of the other Member States on request, 
provided that they can demonstrate that they have been 
continuously resident in that Member State for at least 
the term of office of one municipal council in the case of 
the right to vote and two terms if they wish to stand for 
election; whereas other requirements applicable to 
nationals should apply equally to nationals of the other 
Member States; 
Whereas the right to stand for election should be 
granted to nationals of the other Member States in the 
municipality where they are voters provided that they 
have been resident for at least the term of office of two 
municipal councils; whereas other requirements 
applicable to nationals should apply equally to nationals 
of the other Member States; 
Whereas, however, provision should be made for the 
exclusion of non-nationals from the exercise of functions 
such as Mayor or Deputy Mayor which involve duties 
extending beyond the municipality, and from invol­
vement in the election of a parliamentary assembly; Whereas, however, provision should be made for the 
exclusion of non-nationals from the exercise of functions 
such as Mayor or Deputy Mayor which involve duties 
extending beyond the municipality, and from invol­
vement in the election of a parliamentary assembly; 
Whereas account should be taken of the situation in 
Member States in which nationals of the other Member 
States account for more than 20 % of the population; Whereas account should be taken of the situation in 
Member States in which nationals of the other Member 
States account for more than 20 % of the population; 
Whereas, in such cases, Member States should be 
entitled to waive application of the Directive to the first 
local elections to which it would otherwise apply; 
whereas the Commission should draw up a report on this 
problem and, where appropriate, propose further transi­
tional measures for subsequent elections; Whereas, in such cases, Member States should be 
entitled to waive application of the Directive to the first 
local elections to which it would otherwise apply; 
whereas the Commission should draw up a report on this 
problem and, where appropriate, propose further transi­
tional measures for subsequent elections; 
No C 290/6 Official Journal of the 
ORIGINAL PROPOSAL 
Whereas Member States should be free, for the first two 
elections governed by the Directive, to limit the number 
of seats held by non-nationals on a local council to 
25%; 
Whereas the Commission should report to the Council 
on implementation of this Directive three years after the 
end of the transitional period; 
Whereas the Treaty has not provided specific powers for 
this purpose, 
HAS ADOPTED THIS DIRECTIVE: 
TITLE I 
General provisions 
Article 1 
For the purposes of this Directive the term: 
1. 'Nationals of the Member States' shall mean persons 
who have the nationality of one of the Member States 
of the European Community who enjoy the civic 
rights stemming from that nationality; 
2. 'Local elections' shall mean elections of bodies 
(municipal councils or Mayors) elected by direct 
universal suffrage and having, under national legis­
lation, powers to manage and administer the first tier 
of political and administrative organization; 
3. 'The right to vote' shall mean the right exercised by 
voters when they participate in elections held by 
direct universal suffrage; 
4. 'The right to stand for election' shall mean the right of 
an individual to stand as a candidate and be elected 
by direct universal suffrage. 
TITLE II 
The right to vote 
Article 2 
The Member States shall grant nationals of other 
Member States, recognized as residing on their territory, 
the right to vote in local elections in the municipality in 
which they are resident subject to the conditions set out 
in Articles 3 to 6 below. European Communities 18. 11. 89 
AMENDED PROPOSAL 
Whereas Member States should be free, for the first two 
elections governed by the Directive, to limit the number 
of seats held by non-nationals on a local council to 
25 %; 
Whereas the Commission must report to the Council on 
implementation of this Directive three years after the end 
of the transitional period; 
Whereas the Treaty has not provided specific powers for 
this purpose, 
HAS ADOPTED THIS DIRECTIVE: 
TITLE I 
General provisions 
Article 1 
For the purposes of this Directive the term: 
1. 'Nationals of the Member States' shall mean, persons 
who have the nationality of one of the Member States 
of the European Community who enjoy the civic 
rights stemming from that nationality; 
2. 'Local elections' shall mean elections which are defined 
as such by the Member States; 
3. 'The right to vote'shall mean the right to participate in 
an election within the meaning of paragraph 2; 
4. 'The right to stand for election' shall mean the right to 
stand as a candidate and be elected in an election 
within the meaning of paragraph 2. 
TITLE II 
The right to vote and stand for election 
Article 2 
The Member States shall grant nationals of other 
Member States, recognized as residing on their territory, 
the right to vote and stand for election in local elections 
in the municipality in which they are resident subject to 
the conditions set out in Articles 3 to 6 below. 
18. 11. 89 Official Journal of the European Communities No C 290/7 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 3 
1. Nationals of other Member States who intend to 
exercise the right to vote referred to in Article 2 above 
shall make application to the authorities responsible for 
elections in the municipality of residence for entry on the 
municipal electoral register. Article 3 
1. Nationals of other Member States who intend to 
exercise the right to vote referred to in Article 2 above 
shall make application to the authorities responsible for 
elections in the municipality of residence for entry on the 
municipal electoral register. 
The authorities concerned shall inform nationals of other 
Member States of this right in the same way as nationals 
are informed of their right to vote. The authorities concerned shall inform nationals of other 
Member States of this right in the same way as nationals 
are informed of their right to vote. 
2. For this purpose, such nationals shall produce a 
document issued by a consulate of their Member State of 
origin certifying that: 
(i) they have not been deprived of their civic rights in 
their Member State of origin; 2. For this purpose, such nationals shall produce a 
document issued by a consulate of their Member State of 
origin certifying that: 
(i) they have not been deprived of their civic rights in 
their Member State of origin; 
(ii) they can no longer exercise the right to vote in local 
elections in their Member State of nationality, either 
by virtue of residence in another Member State or 
because they have asked to be transferred from the 
electoral register of the municipality in which they 
were previously registered, with a view to exercising 
the right to vote in their municipality of residence. (ii) they can no longer exercise the right to vote in local 
elections in their Member State of nationality, either 
by virtue of residence in another Member State or 
because they have asked to be transferred from the 
electoral register of the municipality in which they 
were previously registered, with a view to exercising 
the right to vote in their municipality of residence. 
Article 4 
1. Any national of another Member State may apply 
for entry on the electoral register of his municipality of 
residence following a period of continuous residence in 
the host Member State of not less than the term of office 
of a municipal council. Article 4 
1. Any national of another Member State may apply 
for entry on the electoral register of his municipality of 
residence following a period of continuous residence in 
the host Member State of not less than the term of office 
of a municipal council in the case of the right to vote 
and two terms if he wishes to stand for election. 
Proof of residence shall be provided by a document 
certifying residence issued by the authorities of the host 
Member State. The period of residence shall run from 
the date of application for this document. Proof of residence shall be provided by a document 
certifying residence issued by the authorities of the host 
Member State. The period of residence shall run from 
the date of application for this document. 
The duration of residence prior to entry into force of this 
Directive shall be taken into account when determining 
that period. 
Absence on holiday or for reasons of force majeure 
(sickness, maternity, study, military service, etc.) shall not 
be considered a break in residence. 
No C 290/8 Official Journal of the European Communities 18. 11. 89 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
2. Application for entry on the electoral register can 
be made only in the municipality in which the applicant 
is actually resident and shall be subject to the rules laid 
down by national legislation, in particular as regards the 
minimum period of residence in the municipality and the 
deadlines for applying for entry on the electoral register. 2. Application for entry on the electoral register can 
be made only in the municipality in which the applicant 
is actually resident and shall be subject to the rules laid 
down by national legislation, in particular as regards the 
minimum period of residence in the municipality and the 
deadlines for applying for entry on the electoral register. 
Article 5 
The provisions laid down by national legislation in the 
Member State of residence as regards the minimum 
voting age and disqualification shall apply equally to 
nationals of the other Member States. Article 5 
The provisions laid down by national legislation in the 
Member State of residence as regards the minimum 
voting age, incapacity, ineligibility, incompatibility and 
disqualification shall apply equally to nationals of the 
other Member States. 
Article 6 
A national of another Member State entered on a 
municipal electoral register in his Member State of 
residence shall be subject to the electoral requirements 
applicable to nationals of that Member State, in 
particular as regards provisions which make voting 
compulsory. Article 6 
A national of another Member State entered on a 
municipal electoral register in his Member State of 
residence shall be subject to the electoral requirements 
applicable to nationals of that Member State, in 
particular as regards provisions which make voting 
compulsory. 
TITLE III 
The right to stand for election 
Article 7 
The Member States shall grant nationals of other 
Member States the right to stand and be elected in local 
elections in the municipality on whose electoral register 
they appear, subject to the conditions set out in Articles 
8 to 10 below. 
Article 8 
1. A national of one Member State may stand as a 
candidate in local elections in the municipality of 
residence in another Member State following a period of 
continuous residence in that Member State of not less 
than two terms of office of a municipal council. 
2. The provisions of the second paragraph of Article 
4 (1) shall also apply. 
18. 11. 89 Official Journal of the European Communities No C 290/9 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 9 
The provisions laid down by national legislation in the 
Member State of residence as regards 
(i) minimum age, 
(ii) incompatibility, and 
(iii) disqualification 
for the purposes of local elections shall apply equally to 
nationals of other Member States. 
Article 10 
1. The Member States may exclude nationals of other 
Member States from holding an office such as Mayor, 
Deputy Mayor or any equivalent position. Article 7 
1. The Member States may restrict to their own 
nationals the offices of Mayor, Deputy Mayor or any 
equivalent position. 
2. If members of a municipal council are by virtue of 
such membership electors of a parliamentary assembly, 
the Member States may provide that nationals of other 
Member States who are members of the municipal 
council may not take part in the election. They shall be 
replaced in accordance with national rules governing the 
appointment of additional electors. 
If the members of a municipal council appoint the 
electors of a parliamentary assembly from among their 
number, the Member States may provide that nationals 
of other Member States who are members of the 
municipal council may not take part in the election. 2. If members of a municipal council are by virtue of 
such membership electors of a parliamentary assembly, 
the Member States may provide that nationals of other 
Member States who are members of the municipal 
council may not take part in the election. They shall be 
replaced in accordance with national rules governing the 
appointment of additional electors. 
If the members of a municipal council appoint the 
electors of a parliamentary assembly from among their 
number, the Member States may provide that nationals 
of other Member States who are members of the 
municipal council may not take part in the election. 
TITLE IV 
Transitional provisions TITLE III 
Transitional provisions 
Article 11 
1. If the proportion of nationals of the other Member 
States resident in a Member State exceeds 20 % of the 
total population, that Member State shall be entitled to 
waive application of the Directive to the first general 
local elections to which it would otherwise apply under 
Article 14. Article 8 
1 If the proportion of nationals of the other Member 
States resident in a Member State exceeds 20 % of the 
total population, that Member State shall be entitled to 
waive application of the Directive to the first general 
local elections to which it would otherwise apply under 
Article 11 
2. After these elections, the Commission shall report 
to the Council and, where appropriate, propose whatever 
measures might be needed for gradual application of the 
Directive. 2. After these elections, the Commission shall report 
to the Council and, where appropriate, propose whatever 
measures might be needed for gradual application of the 
Directive. 
Article 12 
Member States may stipulate that, in the first two 
general local elections to which the provisions of this 
Directive apply, nationals of other Member States 
elected as municipal councillors may not occupy more 
than one quarter of the seats on a municipal council. Article 9 
Member States may stipulate that, in the first two 
general local elections to which the provisions of this 
Directive apply, nationals of other Member States 
elected as municipal councillors may not occupy more 
than one quarter of the seats on a municipal council. 
No C 290/10 Official Journal of the European Communities 18. 11. 89 
ORIGINAL PROPOSAL 
TITLE V 
Final provisions 
Article 13 
Three years after the end of the transitional period 
referred to in Articles 11 and 12, the Commission shall 
report to Parliament and the Council on implementation 
of this Directive. 
Article 14 
The Member States shall adopt the measures required to 
transpose this Directive into national law within three 
years of notification. 
They shall notify the Commission of these provisions. 
Article 15 AMENDED PROPOSAL 
TITLE IV 
Final provisions 
Article 10 
Three years after the end of the transitional period 
referred to in Articles 8 and 9, the Commission shall 
report to Parliament and the Council on implementation 
of this Directive. 
Article 11 
The Member States shall adopt the measures required to 
transpose this Directive into national law within three 
years of notification. 
They shall notify the Commission of these provisions. 
Article 12 
This Directive is addressed to the Member States. This Directive is addressed to the Member States.