EN Official Journal of the European Union CE 78/827

(2004/C 78 E/0880)

WRITTEN QUESTION E-3558/03

by Roberta Angelilli (UEN) to the Commission

(1 December 2003)

Subject: Right to vote for immigrants in EU Member States

A debate recently opened in Italy on whether third-country nationals who have resided legally in the country for at least six years should be given the right to vote in local elections.

There are major disparities in the current legislation in the Member States (in France and Germany, for example, non-Community nationals do not have the right to vote; in the United Kingdom, this right is granted only to EU and Commonwealth citizens, in Spain to immigrants from the former colonies and in Portugal to Brazilians, Peruvians, Argentines, Uruguayans, Norwegians and Israelis; and in Ireland, Sweden, Denmark, the Netherlands and Finland, the right to vote is granted to immigrants of all nationalities).

Given that the Tampere European Council conclusions set out a number of principles, including that of the legal status of third-country nationals being approximated to that of Member States' nationals and that of a person, who has resided legally in a Member State for a period of time to be determined and who holds a long-term residence permit, being granted a set of uniform rights which are as near as possible to those enjoyed by EU citizens,

Can the Commission:

1. state whether studies have been conducted into the matter at European level?

2. clearly state its position on the right to vote in local and parliamentary elections for non-Community nationals legally resident in the EU?

Answer given by Mr Vitorino on behalf of the Commission

(29 January 2004)

The Tampere European Council (1999) set the guidelines for a common Union asylum and immigration policy. This policy includes the element of fair treatment of third country nationals residing legally in the territory of the Member States. The European Council Conclusions state that the legal status of legally resident third country nationals should be approximated to that of Member States' nationals. Third country nationals should be granted a set of uniform rights, which are as near as possible to those enjoyed by Union citizens.

This is concretised by the proposal for a Council Directive concerning the status of third country nationals who are long-term residents (1), which was adopted by the Council on 25 November 2003. In its recent Communication on immigration, integration and employment (2) the Commission suggested that Member States consider granting political rights to long-term residents, in particular at local level, when transposing this Directive into national law. The Commission indeed believes that granting long-term resident third-country nationals political rights is important for the integration process and that the new Treaty should provide a basis for so doing. Until its entry into force there is no legal basis to do so.

The Commission has carried out a study on ‘The legal status of third-country nationals who are long-term residents in a Member State of the European Union’ (April 2000) which includes a comparison of access to voting rights for third-country nationals. The Commission is, furthermore, aware of a number of studies carried out by independent researchers concerning third-country nationals' political integration and participation in democratic processes. Under the 6th Research Framework Programme 2002-2006 priority has been given to research in the field of nationality, and a comparative study on rules regulating the acquisition and loss of nationality in the Member States will commence in 2004. The study will also examine the status of quasi-citizenship for third-country nationals that are granted in several Member States on the basis of long-term residence.

(1) OJ C 240 E, 28.8.2001.

(2) COM(2003) 336 final.