EN Official Journal of the European Union CE 78/126

(2004/C 78 E/0128)

WRITTEN QUESTION E-2556/03

by Robert Evans (PSE) to the Commission

(4 August 2003)

Subject: Voting in Mallorcan elections

On 12 March 2003 the European Parliament's President was asked to urgently investigate complaints that non-Spanish EU citizens were unable to register to vote in the Mallorca municipal elections that were to take place in May 2003.

I have subsequently been approached by British citizens who believed they had registered but when they arrived on the day of the elections, were told they had not been registered and were therefore not entitled to vote.

As it is a fundamental right of all EU citizens to vote in local and European elections in the country of residence, does the Commission agree that this inability to vote is a denial of those rights? Will the Commission investigate this disenfranchisement?

Answer given by Mr Vitorino on behalf of the Commission

(16 September 2003)

The Honourable Member draws the attention to the fundamental right of citizens of the Union to vote in municipal elections in their Member State of residence, even when they are not nationals of that State. This right is guaranteed by Article 19 of the EC Treaty and the detailed arrangements for the exercise of the right were laid down by Council Directive 94/80/EC (1).

Spain has transposed Directive 94/80/EC by Ley orgánica 1/1997. The Commission has received the following information concerning the practice for entering citizens of the Union to electoral rolls from the Spanish Authorities: Voters must register in their local municipal population register. This is compulsory for all persons residing in Spain, whether Spanish or not, and these registers are used as the basis for the national electoral roll.

Oficina del Censo Electoral (the Electoral Roll Office) keeps a constantly updated register of voters who are non-national Union citizens, reflecting any changes to municipal population registers involving the latter. It receives the personal details of voters from local population registers.

The Spanish law provides that non-national Union citizens residing in Spain must indicate their wish to vote in municipal elections, when voting for the first time. To comply with this requirement, the Electoral Roll Office sends a reminder to all non-national Union voters three months before the elections take place, to indicate whether or not they wish to vote. The appropriate form is attached, with instructions in all Community languages and a pre-paid envelope is provided for the reply. The forms are also available at all Spanish local authority headquarters six months before the elections. As regards those Union citizens who are already entered into electoral rolls, the letter functions as a reminder about the forthcoming elections.

Finally, provisional lists of Union citizens having right to vote are drawn up on the basis of affirmative responses. These lists are displayed in local authority offices for eight days, from the 6th day after the election is called. Appeals may be made during this period and the names of those obtaining a favourable outcome are incorporated to the final list.

The Commission considers that the system of entering Union citizens into electoral rolls in Spain is in compliance with Directive 94/80/EC.

The Commission has not received any complaints that the registration system would not have functioned in the context of the last local elections in Spain, held in May 2003. The Commission strives for guaranteeing that the Member States comply with Community law, including fundamental rights, but the information included in the question is not sufficiently detailed to enable the Commission to take further measures.

(1) 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.