Proposal for a COUNCIL DIRECTIVE laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in elections to the European Parliament by citizens of the Union residing in a Member State of which they are not nationals
Date: 1993-10-27
Institutions: European Commission
Subjects: EU national, European Parliament, European Union, European election, right to stand for election, right to vote

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0M(93) 534 final 

Brussels, 27 October  1993 

"imiifiiiiiii 

r'  inT'  iff  • 

Proposal 

for  a 

COUNCIL  PIRECTIVE 

laying down  detailed arrangements  for  the exercise  of  the 
right  to  vote  and to  stand as a candidate  in elections  to  the 
European  Parliament  by  citizens  of  the  Union  residing in a 

Member  State  of  which they  are not  nationals 

(presented  by  the Commission) 

Table  of  contents 

EXPLANATORY  MEMORANDUM 

1. General  comments 
1.  Scale  of  t he  problem 
2. Legal situation 
3.  H i s t o r i c al  background 
4.  A r t i c le  8b(2)  of  t he  EC  T r e a ty 
5.  S u b s i d i a r i ty  and  p r o p o r t i o n a l i ty 

II.  Comments  on individual  articles 

TEXT OF THE PROPOSAL FOR A  DIRECTIVE 

R e c i t a ls 

Chapter  I: General  provisions 
Article 1 : Scope 
Article 2 : Definitions 
Article  3 : Right to vote and to stand as a candidate 
Article 4 : A single vote and a single candidature 
Article 5 : Residence 
Article 6 : Ineligibility 
Article 7: Disqualification from voting 
Article 8 : Freedom of choice 

Chapter II: Exercise of the right to vote and the right 
to stand as a candidate 
Article 9: Exercise of the right to vote 
Article  10 : Exercise of the right to stand as a candidate 
Article 11: Appeals 
Article 12 : Information 
Article 13: Exchange of information 

Chapter III: Derogations and transitional provisions 
Article 14: Derogations 
Article 15: Transitional provisions 
Article 16 : Review clause 

Chapter  IV:  Final  provisions 
A r t i c le  17 :  T r a n s p o s i t i on 
A r t i c le  18 :  Addressees 

EXPLANATORY  MEMORANDUM 

I.  General comments 

1.  Scale of the problem 

For  Community  citizens  who  have  availed  themselves  of  their  fundamental 
freedom  to  travel  to  and  stay  in  a  Member State  other  than  their  own, 
European  integration  has  become  a  reality  of  which  they  have  personal 
experience.  Today,  some  five million  citizens of the Union are  living  in a 
Member State of which they are not nationals. 
Some  130 000  Belgians,  40 000  Danes,  290 000  Germans,  360 000  Greeks, 
470 000  Spaniards,  300 000  French,  630 000  Irish,  1.2  million  Italians, 
11 000  Luxemburgers,  240 000  Dutch,  840 000  Portuguese  and  400 000  Britons 
are established outside their home Member State. 
The  number  of  resident  citizens  of  other  Member States  stands  at 
approximately  541 000 in Belgium, 27 000 in Denmark, 1.3 million in Germany, 
50 000  in  Greece,  240 000  in  Spain,  1.3 million  in  France,  62 000  in 
Ireland,  150 000  in  Italy,  105 000  in  Luxembourg,  163 000  in  the 
Netherlands, 29 000 in Portugal and 880 000 in the United Kingdom.1 
However,  equality  of  treatment  with  nationals  of  the  Member State  of 
residence, which  is guaranteed  by Community  law, has not yet  been  achieved 
as far as the exercise of political rights is concerned. 

2.  Legal situation 

From  1976  onwards,  the  election  of  members  of  the  European  Parliament  by 
direct  universal  suffrage, a milestone  along  the  road  to a  People's  Europe 
based  on  democracy,  has  raised  the  problem  of  how  to  ensure  that  all 
European  citizens,  and  in  particular  those  living  in  a  Member State  of 
which  they  are not  nationals, can  effectively  exercise  their  right  to  vote 
in these elections.  The Act of 20 September 1976 concerning the election of 
the representatives  of  the European Parliament by direct universal  suffrage2 
is silent  on  the  conditions  to be met  in  order  to enjoy the  right  to vote 
and  to  stand  as  a  candidate; Article 7(2)  of  the Act  merely  refers  to  the 
relevant national provisions.  Article 8, the only provision of the Act that 
directly concerns voting rights, merely stipulates that no one may vote more 
than once. 

The  national  rules  on  European  elections  are  thus  based  on  different 
approaches  to the problem of ensuring  that every citizen can genuinely  take 
part in elections to the European Parliament. 

1  Eurostat population statistics, 1992 

OJ No L 278, 8.10.1976.  The Decision of 1 February 1993 amending the Act 
(OJ No L  33,  9.2.1993, p. 15) does not affect Articles  7 and 8. 

(a)  T he right to vote 

- 2 -

With  the  exception  of  Ireland,  all  Member States  have  adopted  a  solution 
chiefly based on entitling their nationals living abroad to vote. 

Certain  Member States  (Denmark,  the  Netherlands  and  Portugal)  grant  such 
voting  rights only to those of  their expatriate nationals who are living  in 
another Member State. 
In Germany,  voting  rights  are extended  to all  German  nationals  residing  in 
another member country of  the Council of Europe and those who have lived  in 
a non-member country for less than ten years. 
The  United  Kingdom  grants  voting  rights  also  to UK  citizens  who  have  been 
out of the country for less than 20 years. 
Other  Member States  (Belgium,  Greece,  Spain,  France,  Italy  and  Luxembourg) 
continue to allow their nationals to vote in European elections even if they 
are living outside the Community. 
In  four  Member States  (Belgium,  Ireland,  the  Netherlands  and  the 
United Kingdom), residents who are nationals of other Member States may also 
vote,  subject  to  certain  conditions.  In  Ireland,  these  European  citizens 
must comply with the same  rules on voting rights as Irish nationals; on the 
other  hand,  expatriate  Irish  nationals  do  not  have  the  right  to  vote, 
whether they live in another Member State or in any other foreign country. 
In  the  Netherlands,  the  right  to  vote  is  granted  to  residents  who  are 
nationals of another Member State, unless their home  Member State maintains 
their voting rights. 
In  Belgium,  nationals  of  other  Member States  may  vote  provided  that  they 
have been on the population  register  for at least three years and have  lost 
their voting rights in their home Member State on account of their residence 
in Belgium. 
Lastly, all Irish nationals and Commonwealth citizens have the right to vote 
in the United Kingdom. 

(b)  The right to stand as a candidate 

The  right  to  stand  as  a  candidate  is  reserved  in  ten  Member  States  for 
nationals,  even  those  residing  in  another  Member  State  or  a  non-member 
country.  In  Germany,  only  those  who  have  possessed  German  nationality  for 
at  least  one  year  may  stand  as  candidates. 
British  citizens,  Irish 
nationals  and  Commonwealth  citizens  may  stand  as  candidates  in  the  United 
Kingdom.  In  Italy,  nationals  of  other  Member  States  may  stand  for  election, 
even  if  they  do  not  live  in  Italy. 

(c)  Disqualification 

The national  rules on disqualification vary widely  and  are  a  reflection  of 
different legal traditions. 

(i)  Disqualification  from  voting 

Members  of  the  electorate  may  be  disqualified  from  voting  by  means  of  an 
individual decision taken on a variety of grounds : 

A  criminal  conviction  may  entail  disqualification  from  voting  in  ten 
Member States.  The exceptions are Denmark and Ireland.  In Ireland, 

- 3 -

however,  a  person  detained  in  any  premises  in  legal  custody  must  be 
registered  in the place where he would have been residing but for his having 
been  so detained  in  legal  custody.  Prisoners  therefore  retain  their  right 
to  vote  and,  if  at  liberty  on  polling  day,  may  exercise  that  right.  In 
Denmark there is not at present any legal basis for depriving a voter of the 
right to vote on the ground that he has been given a criminal sentence. 

Other grounds  for disqualification from voting  are moral unfitness  in  Italy 
and conviction  for corrupt or illegal practice in the United Kingdom. 

Majors  under  some  form  of  guardianship  and  persons  suffering  from  mental 
disorder  are deprived  of  the  right  to vote  in ten Member States.  Italy is 
the sole exception.  In the United Kingdom disqualification may  result  from 
the  fact  that  patients  in mental  hospitals  are  deemed  to  have  no  ordinary 
residence  for electoral purposes.  In Ireland, the situation of patients  in 
mental  hospitals  is broadly similar  to that of prisoners.  In Denmark,  only 
persons declared incapable of managing their own affairs are deprived of the 
right to vote. 

The  status  of  decisions  to  disqualify  from  voting  vary  between 
Member States : 

A  voter  given  a  criminal  sentence  may  be  deprived  of  his  right  to  vote 
automatically,  by  operation  of  law,  or  disqualification  may  require  an 
express  decision  on  the  part  of  the  court. 
In  Belgium,  France,  Italy, 
Luxembourg  and  Portugal  disqualification  from  voting  is  an  automatic 
consequence of a conviction for certain crimes.  In the UK, disqualification 
from voting  is an automatic  consequence  of being  convicted  and  sentenced  to 
a  term  of  imprisonment.  In  Germany,  on  the  other  hand,  and  in  certain 
situations  in  Spain,  France,  Luxembourg,  the  Netherlands  and  Portugal,  a 
specific  court  decision  is  required. 
In  Ireland  disqualification  in 
practice  results  from  the  fact  that  the  elector  is  imprisoned,  and 
consequently  deprived  of  his  ordinary  residence.  The  national  systems  can 
also  be  classified  by  reference  to  the  grounds  for  disqualification.  In 
Belgium,  France,  Luxembourg,  the  Netherlands  and  the  United Kingdom 
disqualification is normally  linked  to a minimum  sentence or conviction  for 
In  Germany,  Greece  and  Portugal 
a  particular  class  of  offence. 
disqualification  is  normally  confined  to  the  offences  listed  by  law.  In 
France  and  the  Netherlands  the  legislation  departs  from  the  general 
principle and lists certain articles of the penal code infringement of which 
may be grounds  for disqualification from voting.  In Spain disqualification 
from voting is a matter  for the discretion of the courts.  In certain cases 
courts  in  France,  Luxembourg,  the  Netherlands  and  Portugal  have  a  similar 
power. 

As a general rule disqualification from voting follows automatically where a 
person's  affairs  have  to be  managed  for him,  or where  he  is  confined  in  a 
mental hospital.  In the United Kingdom the mentally  ill  in confinement  are 
considered to be without an ordinary residence.  In Denmark confinement in a 
mental hospital does not lead to disqualification from voting.  In Spain and 
Portugal  disqualification  from  voting  requires  an  express  decision. 
In 
Italy majors in guardianship are entitled to vote, as an Act of Parliament 

- 4 -

has  removed  the earlier  restrictions permitted by the Constitution.  In the 
United Kingdom  the mentally  ill may exercise  the right  to vote  during  lucid 
intervals. 

It is the courts who impose criminal convictions.  Decisions on guardianship 
or the confinement of the mentally ill are sometimes taken by administrative 
authorities. 

As far as the effect of foreign decisions is concerned,  it would appear that 
as a general  rule a criminal  conviction  imposed by a foreign court will not 
disqualify  from voting in the Member State of origin.  The United Kingdom is 
an  exception  to  this  rule : in  the  UK  law  the  test  is  whether  the  person 
concerned  is actually  imprisoned  or unlawfully at large, and not  whether he 
has been sentenced by a domestic or foreign judge. 

Under  the  rules  of  private  international  law,  an  enforceable  foreign 
judgment  in a  civil-law  case  may  result  in disqualification  from  voting  in 
Germany  and  Greece,  and  in  certain  cases  in  Belgium  and  France.  In  the 
Netherlands an elector can never be deprived of his right to vote, except by 
decision of a Dutch court. 

(ii)  Disqualification  from  standing  as  a  candidate 

The general approaches  taken fall into three categories. 

In Belgium,  Italy and  the Netherlands  the grounds  for disqualification from 
standing are the same as those for disqualification from voting. 

In Denmark, Germany,  France  and  Luxembourg  the grounds  for disqualification 
from voting hold good  for disqualification from standing  too, but  there  are 
also further grounds for disqualification from standing. 

In  Greece,  Spain,  Ireland,  Portugal  and  the  United Kingdom  the  rules  on 
disqualification  from  standing  are  different  from  those  governing 
disqualification  from  voting. 
In  Ireland  persons  who  have  been  given  a 
criminal  conviction  are  disqualified  from  standing  only  when  serving  a 
prison sentence of more than six months passed by an Irish court. 

Looking  at  the  substance  of  the  rules,  two  types  of  arrangement  can  be 
distinguished. 
Certain  criminal  convictions  can  lead  to  disqualification  in  Belgium, 
Germany, Greece, Spain,  Ireland,  Italy,  Luxembourg,  the Netherlands  and  the 
United Kingdom. 
Under  the  law  of  Germany,  Ireland,  Italy and  the United Kingdom,  bankrupts 
and  persons  who  for  other  reasons  are  considered  unfit  to  hold  elected 
In  Denmark  a  person  may  be 
public  office  are  generally  disqualified. 
disqualified only if convicted for behaviour generally regarded as rendering 
him  unfit  to  sit  at  the  European  (or  Danish)  Parliament.  Following  an 
election  the  Danish  Parliament  may  declare  an  elected  candidate  to  be  an 
unfit  person  and  thus  deprive  him  of  his  seat,  but  such  convictions  may 
never be relied on to prevent someone standing for election. 

(d) Exercise of the right to vote and to stand as a candidate 

- 5 -

In  all  Member States  citizens  have  to  complete  certain  formalities  in 
advance  of  polling  day  if  they  are  to  be  able  to  exercise  their  right  to 
vote  and  to  stand  as  a  candidate  at  a  particular  election  in  any  given 
locality or constituency. 

(i)  Exercise of  the  right to  vote 

In order to be able  to exercise  their right  to vote, citizens of voting age 
must normally appear on the electoral  roll drawn up  for the constituency  or 
locality  in  question.  There  are  four  different  kinds  of  arrangement  for 
entry  on  the  electoral  roll : while  France  and  Greece  apply  the  principle 
whereby each individual has to ask  for his name to be entered,  in Spain and 
Italy voters can only be entered automatically.  In the other Member States, 
with  the  exception  of  Portugal,  voters  are  normally  entered  automatically 
but  certain  categories  of  people  can  be  entered  on  the  roll  at  their 
request.  In Portugal, where  it  is normally up  to the  individual  to apply, 
the administration must automatically enter on the electoral roll all voters 
of whose existence it is aware. 

In  some  Member States  where  entry  on  the  roll  is  automatic  (Belgium, 
Denmark,  Germany,  Spain,  Italy,  Luxembourg  and  the  Netherlands)  the 
electoral roll  is  normally  drawn  up  on  the  basis  of  the  information  on 
another public  register, notably the population  register  or  the  register of 
births,  marriages  and  deaths.  In  the  United Kingdom  and  Ireland,  on  the 
other hand, voters are registered automatically on the basis of any relevant 
information  collected  by  the  registration officer  after  he  has  made  the 
necessary enquiries.  Clearly, in those Member States where individuals have 
to  apply  to  be  entered  on  the  roll,  they  have  to  furnish  the  competent 
authority  with  all  the  necessary  information  and  supporting  documents  when 
making their application. 

In Denmark, Greece, Spain, France,  Ireland,  Italy, Luxembourg,  Portugal  and 
the  United Kingdom  electoral rolls  are  periodically  revised. 
In  most  of 
them  this  is  done  once  a  year,  and  twice  a  year  in  Italy.  In  Belgium, 
Germany and the Netherlands new electoral registers are drawn up before each 
election. 

In most  Member States  the  electoral roll  has  to  be  published  before  it  is 
finalized;  Belgium  and  the  Netherlands  are  the  exceptions  to  this  rule. 
Voters  there  are  entitled  to  be  informed  whether  or  not  they  are  on  the 
electoral  roll. 

Where  registration  is  refused,  citizens  can  seek  judicial  review  in  all 
Member States.  Before  taking  the matter  to the courts, they must apply  for 
administrative  review  in  Belgium,  Denmark,  Germany,  Spain,  Ireland,  Italy, 
Luxembourg, the Netherlands, Portugal and the United Kingdom. 

(ii)  Exercise  of  the  right  to  stand  as a candidate 

When  lodging  their  application,  persons  entitled  to  stand  normally  have  to 
provide  the  administration  with  a  number  of  particulars  and  supporting 
documents concerning  their personal situation. 

3. Historical background 

In  1960, in its draft  Convention  on election by direct  universal  suffrage,3 
the  European  Parliament  proposed  that  Member States  grant  voting  rights  to 
their  nationals  living  in  another  Member State;  in  cases  where  the 
Member State  of  residence  also granted  them  the  right  to vote,  they  should 
not be allowed to vote twice. 

This  draft  was  not  favourably  received  by  the  Council,  and  the  European 
Parliament  replaced  it  in  1975  by  a new draft  which  did not, however,  deal 
with  the  right  to  vote  and  to  stand  as  a  candidate  of  European  citizens 
living  in  a Member State  of  which  they  are  not  nationals.  This  draft  was 
incorporated  to  a  large  extent  in  the  Act  concerning  the  election  of  the 
representatives  of  the  European  Parliament  by  direct  universal  suffrage 
which the Council adopted on 20 September 1976. 

In  1977,  in  its  resolution  on  voting  rights  in  direct  elections,4  the 
European Parliament  urged  Member States  to  ensure  that  their  nationals 
living  in  another  Member State  could  exercise  their  right  to  vote  in  the 
direct  election of  the European Parliament and called upon  them  to agree  to 
allow these citizens to vote in the country which they are in on the date of 
the  election  (voting  "in  loco") .  On  the basis  of  work  which  began  in  the 
spring  of  1977,  the  Council  adopted  in  February 1978  a  report  on  voting 
in loco, and  in particular the practical arrangements  for such voting. 

In 1982, in  its draft Act adopting  certain provisions  relating  to a  uniform 
electoral procedure  for the election of Members of the European Parliament,5 
Parliament  proposed  that  Member States  grant  their  nationals  the  right  to 
vote  irrespective  of  their  place  of  residence,  provided  that  this  is  in a 
Member State,  and  take  the  necessary  measures  to  enable  nationals  to 
exercise  their  right  to  vote,  without  difficulty,  in  the  country  whose 
nationality  they  hold.  Parliament  also  proposed  that  Member States  grant 
the right  to stand as a candidate  to their nationals, irrespective  of  their 
place  of  residence,  and  to nationals  of  another  Member State  who  have  been 
resident  on their  territory  for at least  five years.  The Council  discussed 
this draft in detail but suspended work on the matter in 1983. 

In  1988,  in  its  written  declaration  of  16 September,6  Parliament  solemnly 
declared  that,  as  from  the  June 1989  elections,  the  European  Communities 
should  adopt  and  apply  the  principle  whereby  any  national  of  any 
Member State has  the  right  to stand  for election  to the European Parliament 
in each and every Member State. 

OJ No 834, 2.6.1960  (Article 11] 
OJ No C 163, 11.6.1977, p. 39. 
OJ No C 87, 5.4.1982, p. 61. 
OJ No C 262, 10.10.1988, p. 222 

- 7 -

In  1990,  during  preparations  for  the  intergovernmental  conference  on 
political  union,  Spain proposed  to  the  other Member States  that  the  future 
treaty  include  provisions  on  European  citizenship,  and  in  particular  the 
right  to  vote  and  to  stand  as  a  candidate  in  elections  to  the 
European Parliament  in the Member State of residence. 

The  Conference  of  Parliaments  of  the  European Community,  which  was  held  in 
Rome from 27 to 30 November 1990, also urged, in its final declaration, that 
the  intergovernmental  conference  consider  granting  European  citizens  the 
right  to  vote  and  to  stand  as  a  candidate  in  elections  to  the 
European Parliament  in their Member State of residence. 

The  European Council,  meeting  in  Rome  on  14-15 December 1990,  welcomed 
Spain's  initiative  and  invited  the intergovernmental  conference  to examine, 
among  other  things,  the  extent  to  which  certain  civic  rights,  and  in 
particular  the  right  to  take part  in  elections  to  the  European Parliament, 
could be enshrined  in the treaty. 

In 1991, in  its  resolutions on Union citizenship7 and on the guidelines  for 
the  draft  uniform  electoral  procedure,8  the  European  Parliament  reiterated 
its views on the topic. 

Article 8b(2)  of  the  Treaty  on  European  Union  guarantees  every  citizen  of 
the Union the right to vote and to stand as a candidate  in elections  to the 
European Parliament  in the Member State  in which he resides but of which he 
is  not  a  national.  The  timetable  in  Article 8b(2)  was  laid  down  by  the 
intergovernmental  conference  on  the  assumption  that  the  Treaty  on  European 
Union would  enter  into force at  the beginning of  1993.  The political  point 
of  the  deadline  of  31 December 1993  is  that  the  arrangements  to be  adopted 
by  the  Council  should  apply  for  the  fourth direct  election  to  the  European 
Parliament  in 1994, enabling the citizens of the Union to exercise these new 
rights for the first time and experience the reality of European Union. 

Even  before  entry  into  force  of  the  Treaty  on  European  Union,  the 
Commission, responding  to requests by the Council and Parliament, adopted on 
23 June 1993  and  transmittod  to  thorn  a  drait  proposal  for  a  Council 
Directive laying down detailed arrangements  for the exercise of the right to 
vote and  to stand as a candidate  in elections  to the European Parliament  in 
the  Member State  of  residence  (SEC(93) 1021 final).  On  the  basis  of  this 
working  document,  the  Council  and  Parliament  held  informal  discussions 
between  July  and  October  1993  on  how  to  implement  Article 8b (2)  of  the 
Treaty so as to ensure that, in the elections to the European Parliament due 
to be held in June  1994, every citizen of the Union can effectively exercise 
his right to vote and  to stand as a candidate  in a Member State  in which he 
resides  but  of  which  he  is not  a national.  This proposal  for  a  Directive 
takes  account  of  the  outcome  of  these  preliminary  discussions  within  the 
Council and Parliament. 

Resolution  of  14 June 1991, OJ  No C 183,  15.7.1991, p. 473;  resolution 
of 21 November  1991, OJ No Ç 326, 16.12.1991, p. 205. 
Resolution of 10 October 1991, OJ No C 280, 28.10.1991, p. 141. 

-  8 

-

4.  Article 8b(2) of the EC Treaty 

Article  8b(2) of the Treaty establishing the European Community, as embodied 
in Title II of the Treaty on European Union, guarantees every citizen of the 
Union  the  right  to  vote  and  to  stand  as  a  candidate  in  elections  to  the 
European Parliament  in the Member State  in which he  resides, under  the  same 
conditions as nationals  of  that State, and provides  that  the Council, after 
consulting  the  European Parliament,  is  to  adopt  the  detailed  arrangements 
for the exercise of these rights before 31 December 1993. 

(a)  The  aim  of Article 8b (2) is to ensure  that every  citizen  of  the  Union 
can  effectively  exercise  his  right  to vote  and  to  stand  as  a  candidate  in 
elections  to  the  European Parliament,  to  strengthen  still  further  the 
democratic  legitimacy  of  Parliament  and  thus  to  reduce  the  democratic 
deficit  in  the  Community,  which  has  often  been  the  object  of  criticism. 
These rights will also enable citizens of the Union to give joint expression 
to  their  European  identity  while  maintaining  their  respective  national 
identities. 
It is therefore necessary to ensure that the citizens of the Union enjoy the 
greatest possible  freedom with regard to the right to vote and  to stand for 
election  to  the  European Parliament,  and  that  the  exercise  of  these  rights 
is subject only to such conditions as are strictly necessary. 

(b)  Given  that Article b(2) of  the Treaty guarantees  the right to vote and 
to  stand  as  a  candidate  in  elections  to  the  European Parliament  in  the 
Member State  of  residence  without  actually  replacing  those  rights  in  the 
home Member State, citizens  of  the Union must  have a  free choice  as  to the 
Member State  in  which  they  exercise  their  right  to  vote  or  to  stand  as  a 
candidate.  Care must be taken, however, to ensure  that this  freedom  is not 
misused  through  double  voting  or  standing  as  a  candidate  in  more  than  one 
Member State. 

(c)  Without  prejudice  to  the  uniform  electoral  procedure  provided  for  in 
Article 138(3)  of  the  EC Treaty,  and  while  respecting  the  diversity  of 
electoral  systems  in  the  Member States, Article 8b(2)  of  this  Treaty  does 
not seek overall harmonization of the relevant national  laws, but merely the 
elimination  of  the  nationality  condition,  which  in  most  cases  means  that 
citizens  of  the  Union  have  no  right  to  vote  or  to  stand  as  candidates  in 
elections  to  the  European Parliament  in Member States  in which  they  reside 
but of which they are not nationals.  To overcome  this problem  they will be 
subject,  by  virtue  of  the  principle  of  non-discrimination,  to  the  same 
conditions as nationals of the Member State concerned. 
The  need  to  observe  the  principle  of  equality  between  nationals  and  non-
nationals  leads  to  the  conclusion  that  changes  to Member States'  electoral 
laws  should  be  kept  to  the  minimum  necessary.  The  directive  is  the  most 
suitable  type  of  legal  instrument  for  such  action  and  the  one  that 
interferes  least with the role of national parliaments. 

(d)  Based on Article  8b (2) of the EC Treaty, the aim of  this Directive  can 
only  be  to  lay  down,  without  prejudice  to  Article 138(3)  of  the  EC Treaty 
and  to  the  provisions  adopted  for  its  implementation,  the  detailed 
arrangements  for  the  exercise,  by  citizens  of  the  Union,  of  the  right  to 
vote and  to stand as a candidate  in elections to the European Parliament  in 
the Member State  in which  they reside but  of which  they are  not nationals. 
Consequently,  this  Directive  does  not  deal  with  matters  concerning  the 
establishment of a uniform electoral procedure as provided  for by 

- 9 -

Article 138(3)  of  the  EC Treaty.9  The  differences  between  the  procedures 
involved  are  substantial:  unanimous  decision  of  the  Council,  acting  on  a 
proposal  from  the  Commission,  under  Article  8b(2);  and  proposal  by  the 
European  Parliament,  unanimous  decision  by  the  Council  and  adoption  by  the 
Member States,  in  accordance  with  their  respective 
constitutional 
requirements, under Article  138(3). 

5.  Subsidiarity  and proportionality 

In  presenting  this  proposal  for  a  Directive,  which  comes  under  the 
Community's  exclusive powers, the Commission is aiming  to discharge,  at  the 
earliest  opportunity,  its  obligations  under  the  second  sentence  of 
Article  8b(2). 
In  keeping  with  the  principles  of  subsidiarity  and 
proportionality,  the  Commission  proposes  that  the  detailed  arrangements 
referred  to  in the  second  sentence  of Article 8b(2) be  adopted  in  the  form 
of  a directive  and  that  the  content  of  the directive  be  limited  to what  is 
strictly  necessary  for  attaining  the  objective  set  out  in Article 8b(2) of 
the EC Treaty. 

II.  Comments  on  individual  articles 

Article  1: Scope 

Spelling  out the scope of Article 8b(2) of  the EC Treaty, Article 1 defines 
the field of application of this Directive. 

1.  Paragraph 1 makes  it  clear  that  this Directive  covers  only  citizens  of 
the  Union  residing  in  a  Member State  of  which  they  are  not  nationals  and 
their right to take part in the election of representatives of that State to 
the  European Parliament; 
its  aim  is  not,  therefore,  to  achieve  overall 
approximation of Member States' electoral  laws.  Consequently,  the Directive 
does not affect, for  instance, the rules of each Member State  governing  the 
right to vote and to stand as a candidate either of nationals  in their home 
Member State  (e.g.  French nationals  in  France  or  British citizens  in  the 
United Kingdom) or of citizens of the Union residing in a Member State other 
than  the  one  in which  they  exercise  their  right  to  vote  or  to  stand  as  a 
candidate  (e.g.  a  French citizen  residing  in  France  and  standing  as  a 
candidate  in  Italy) .  Neither  does  it affect  the  right  to vote or  to  stand 
as  a  candidate  of  persons  who  are  not  citizens  of  the  Union,  for  example 
nationals of Commonwealth countries established in the United Kingdom. 

The  electoral  procedure  concerns  primarily  the  electoral  system, 
preparations,  and  in  particular  the  drawing-up  of  lists  of  candidates, 
voting,  the  choice  of polling day and  the method  of  counting  votes.  On 
the  other  hand,  the  right  to  vote  and  to  stand  as  a  candidate  concerns 
only the conditions  to be met in order to be entitled  to vote or to stand 
as  a  candidate,  such  as  those  relating  to  citizenship,  minimum  age  and 
disqualification,  and  the  conditions  to be  met  for  a  voter  or  a  person 
entitled  to  stand  as  a  candidate  to be  able  effectively  to  exercise  his 
right  in a particular  election  (for example, entry on the electoral  roll 
for a given constituency). 

- 10 -

2.  Paragraph 2  specifies  that  the  Directive  does  not  affect  each 
Member State's  rules on the conditions  in which nationals may vote or  stand 
as  a  candidate  in  their home Member State, even  if  they  reside  outside  the 
electoral  territory of that State. 

Article 8b(2) of  the EC Treaty guarantees  the right to vote and to stand as 
a  candidate  in elections  to  the  European  Parliament  in  the Member State of 
residence, without substituting  this for the right to vote and to stand as a 
candidate  in  the  home  Member State. 
The  purpose  of  paragraph 2  is  to 
ensure,  in  the  eventuality  of  such  rights  being  maintained  in  the  home 
Member State,  that  citizens  of  the  Union  have  a  free  choice  as  to  the 
Member State in which they can take part in the European elections. 

Article 2: Definitions 

1.  To  ensure  consistency  with  the  Act  of  20 September 1976  concerning  the 
election  of  the  representatives  of  the  European Parliament  by  direct 
universal  suffrage,  Article 2(1)  defines  the  concept  of  "elections  to  the 
European Parliament",  as  used  in  Article 8b(2)  of  the  EC Treaty,  by 
reference to Article 1 of the Act. 

2.  To  ensure  consistency  with  the  Act  of  20 September 1976  and  its 
territorial  scope  as  laid  down  in  Article 2,  the  second  paragraph  of 
Article 15 and  the Annexes  thereof,  the  concept  of  electoral  territory  has 
to be  defined  by  reference  to  that Act  and  the national  provisions  adopted 
under  it.  The question of whether or not a particular part of the national 
territory  of  a  Member State  or  whether  or  not  an  overseas  country  or 
territory  attached  to  a  Member State  belongs  to  the  electoral  territory 
therefore  falls  within  the  exclusive  scope  of  the  Act  and  the  national 
provisions adopted under it by each Member State. 

3.  In defining  the  concept  of  the  Member State  of  residence,  Article 2(3) 
reproduces  the  relevant  phrase  in  Article 8b(2)  of  the  EC Treaty.  On  the 
other hand,  the concept of  the home Member State  is defined  in Article 2(4) 
on the criterion of nationality. 

4.  Article 2(5)  and  (6)  define  the  concepts  of  Community  voter  and 
Community  national  entitled  to  stand  as  a  candidate  by  reference  to 
Article 3 of the Directive. 

5.  In  defining  the  electoral  roll,  Article 2(7)  aims  not  to  alter  but  to 
embrace  the different  types of official  registers of voters which  currently 
exist  in the Member States, irrespective of the way  in which they are drawn 
up  (automatic  registration  or  registration  on  individual  application)  and 
updated  (permanent  or non-permanent  lists, periodic  revision  or  compilation 
before each election).  The definition also makes allowance  for the  special 
situation  of  some  Member States  which  do  not  draw  up  a  specific  electoral 
register  but  indicate  eligibility  to  vote  on  the  population  register. 
Article 2(7)  does  not  rule  out  the  electoral roll  being  subdivided  into 
categories of voter. 

- 11 -

6.  Given  that  the  date  on  which  citizens  of  the  Union  must  satisfy  the 
requirements  for  voting  or  for  standing  as  a  candidate  is not  the  same  in 
all  Member States,  Article 2(8)  refrains  from  any  harmonization  and 
introduces  the concept  of the reference date, which  is defined  by  reference 
to  the  law  of  the  Member State  of  residence. 
Since  the  aim  is  not  to 
approximate  Member States'  electoral systems,  the  definition  also  makes 
allowance  for  the  special  situation  of  certain  Member States  which  specify 
several reference dates. 

7.  In defining  the concept of  the  formal declaration, Article 2(9) refers, 
avoiding  any  approximation  of  national  rules,  to  the  different  types  of 
declaration  that  currently  exist  in  the Member States.  It  can  correspond, 
for  example,  to  a  "statutory  declaration"  under  UK  law  or  an 
"eidesstattliche  Versicherung" 
(sworn  statement)  under  German  law. 
According  to  this  definition,  the  declaration  must  be  lodged  with  the 
competent  authority  referred  to  in  Articles 9  and  10  of  the  Directive. 
Furthermore,  inaccuracy  in  the  declaration  must  make  the  person  concerned 
liable  to  penalties  in  accordance  with  the  law  of  the  Member State  of 
When  they  transpose  the  Directive,  it  will  be  for  the 
residence. 
Member States to spell out the form the declaration has to take. 

Article 3: Right to vote and to stand as a candidate 

Within  the  framework  established  by  the  first  sentence  of Article 8b(2) of 
the EC Treaty, Article 3 lays down the conditions to be met in order to have 
the  right  to  vote  and  to  stand  as  a  candidate  in  the  Member State  of 
residence.  The date on which these conditions must be met may, depending on 
the  law of  the Member State  of  residence, be  either  the polling  day  or any 
other reference date.  Clearly, whether the reference dates for the right to 
vote and for the right  to stand  as a candidate are the same also depends on 
the rules laid down by each Member State. 

1.  Given  that  the second sentence of Article 8(1) of  the EC Treaty  defines 
the  concept  of  Union  citizenship  and  the  definition  is  spelled  out  in  the 
Declaration  on  nationality  of  a  Member State,  which  is 
annexed  to  the 
Treaty  on  European  Union,  Article  3(a)  merely  refers  to  that  provision  of 
the  EC Treaty.  In  so  doing,  Article 3  takes  account  of  the  fact  that  the 
rules on the acquisition and possession of the nationality of a Member State 
fall within  the scope not of  the EC Treaty, but  of  the national  law of  the 
Member State concerned. 
This  means  in  particular  that  determination  of  the  nationality  of  persons 
originating  in  overseas  countries  and  territories,  within  the  meaning  of 
Article 227(3) of the Treaty, is a matter exclusively for the legislation of 
the Member State which has a special relationship with each overseas country 
or  territory.  Consequently,  persons  originating  in  overseas  countries  or 
territories  who  possess,  under  the  legislation  of  a  Member State,  the 
nationality  of  that  State  and  who  reside  in  another  Member State  have  the 
right  to  vote  and  to  stand  as  a  candidate  there  in  elections  to  the 
It  is  thus  for  the  individual  Member States  to 
European Parliament. 
specify,  if  necessary  for  the  purposes  of  applying  this  Directive,  the 
persons who are to be deemed their nationals. 

- 12 -

On  the other  hand,  since  the Directive  concerns  only  the  right  to vote  and 
the  right  to  stand  as  a  candidate  in  a  Member State  other  than  the  home 
Member State,  it  cannot  deal  with  the  situation  of  persons  originating  in 
overseas  countries  or  territories  who  do  not  have  the  nationality  of  a 
Member State  or  of  those  residing  in  the  Member State  with  which  the 
overseas  country or  territory has a special  relationship,  even  if they have 
the nationality of that State. 

2.  Within  the  framework  established  by  the  first  sentence  of Article 8b(2) 
of  the EC Treaty, Article 3(b) implements  the principle  of  equality  between 
national  and  Community  voters  and,  at  the  same  time,  the  principle  of 
interfering as little as possible with Member States' electoral  laws.  Under 
these  laws,  the  other  conditions  to  be  met  in  order  to  have  the  right  to 
vote concern, in particular, the voting age and residence. 

After Union citizenship, residence  in the Member State in which the right to 
vote or to stand as a candidate  is exercised  is the second key condition to 
be met  in order  to benefit  from  the guarantee  afforded  by Article 8b(2) of 
the  EC  Treaty.  This  condition  highlights  the  link  with  the  right  to move 
and  reside  freely  which  is  enshrined  in  Article 8a  of  that  Treaty. 
Although, unlike the concept of citizenship, residence is not defined  in the 
Treaty  itself,  there  is no need  to define  it uniformly  for  the purposes of 
this Directive.  Articles 3 and  5 consequently  refrain  from giving  any  such 
definition,  which  enables  the  principle  of  equal  conditions  for  national 
voters  and  Community  voters  and  for  national  candidates  and  Community 
nationals  entitled  to  stand  as  candidates  to  be  complied  with  more 
effectively.  At  the  same  time,  the  Directive  avoids  interfering,  in  this 
area, with Member States' electoral systems. 

The voting  age  is currently  18 years  in all Member States;  the minimum age 
for standing as a candidate varies between 18 and 25 years. 

Article  3  does  not,  however,  affect  the  administrative  requirements  to  be 
met  in each Member State  if a voter  is to be able  to exercise  his  right  to 
vote  in  a  particular  locality  or  constituency  in  a  given  election  or  if  a 
person  entitled  to  stand  as  a  candidate  is  to  be  able  to  stand  on  a 
particular  list or  in a particular  constituency  in a given election.  These 
requirements are designed to ensure that elections are properly prepared and 
proceed  smoothly  and  concern,  in particular,  residence  in  the  locality  or 
constituency in which the vote is to be cast, possibly for a minimum period. 
The same applies to the administrative  requirements to be met by candidates. 
These  concern,  in particular, nomination procedures, certain means of proof 
and  the  closing  dates  for  applications.  It  goes  without  saying  that  any 
Community  voter  or Community  national  entitled  to  stand  as  a  candidate  who 
wishes  effectively  to  take  part  in  the  European  elections  in  his 
Member State  of  residence  must  comply  with  the  relevant  national  rules 
applicable  to nationals. 

3.  In view  of  the  importance  of  the  rules  on  disqualification  from  voting 
and  from  standing  as  a  candidate, Article 3 provides  that  citizens  of  the 
Union may not vote or stand as candidates in their Member State of residence 
if they have been  deprived  of  the right  to vote or  the right  to  stand  as a 
candidate  respectively  and,  as  far as  the  substance  of  the  requirements  is 
concerned, refers to Articles 6 and 7. 

- 13 -

4.  In  some  Member States,  citizens  who  acquired  their  nationality  by 
naturalization  must have been nationals  for a certain minimum period,  say a 
year, before they can stand as a candidate.  That being so, the principle of 
equality between nationals  entitled  to stand  as candidates  and nationals of 
other  Member States  so  entitled  means  that  citizens  of  the  Union  who 
acquired  the  nationality  of  their  home  Member State  by  naturalization  and 
who  reside  in  another  Member State  (for  example,  a  French  citizen  of 
Moroccan  origin  residing  in  Germany)  must,  mutatis mutandis,  comply  with 
this  condition.  Citizens  should,  therefore,  be  deemed  to  have  met  this 
condition  in the Member State of residence when they have been nationals of 
their home Member State for the same minimum period. 

Article  4:  A  single  vote  and  a single  candidature 

1.  The  elections  are  intended  to  produce  a  single  Community  institution, 
and  Article 4(1)  accordingly  sets  out  to  prevent  any  voter  from  voting 
twice, thereby abusing the freedom to choose the place in which he wishes to 
vote given him by Articles  1(2) and 8.  Article 4(1) confirms that it is not 
permissible  to vote  twice,  a  principle  already  stated  in Article 8  of  the 
Act of 20 September  1976.  The mechanism  for ensuring that this principle is 
complied with in practice  is laid down in Articles 8 and 13. 

2.  As  the  body  to  be  elected  is  a  single  Community  institution  a  person 
must  not be  allowed  to  stand  as  a  candidate  in more  than one Member State. 
Since  residence  outside  the  home  Member State  does  not  normally  result  in 
disqualification  from  standing  as  a  candidate  in  that Member State, and  in 
view of the fact that some Member States allow also non-resident  citizens of 
the Union to stand as candidates, the risk of dual candidatures  must not be 
taken lightly.  In order to  interfere with Member States' electoral  systems 
as little as possible, Article 4(2) does not affect national rules governing 
dual  candidatures  within  each  Member State.  Clearly,  too, Article 4(2)  is 
aimed merely at preventing a person standing as a candidate  in more than one 
Member State  at  the  same  election;  it  does  not,  for  example,  preclude  a 
person  standing  as  a  candidate  in  his  Member State  of  residence  at  one 
election and in his home Member State at subsequent elections. 

Article  5:  Residence 

1.  Article 5  returns  to  the  residence  condition  referred  to  in 
Article 3(b), on  the right  to vote  and  the right  to stand.  It avoids  any 
uniform definition,  indirectly  leaving the concept  of  residence used  in the 
electoral  law  of  the  Member State  of  residence  to apply.  The  laws  of  the 
Member States vary widely here, some requiring  the person  concerned  to have 
his principal  or habitual  residence  in  the place,  some  requiring  only  that 
he  stay  there  habitually,  and  some  that  he  be  entered  on  the  register  of 
population. 

- 14 -

The  laws  of  some Member States  require  that  the person  concerned  must  have 
completed  a  minimum  period  of  residence  there;  Article 5  is  intended  to 
prevent  any  discrimination  against  Community  voters  or  Community  nationals 
entitled  to stand as candidates which might arise if this condition could in 
practice  be met  easily by nationals of the country but only with  difficulty 
by  non-nationals. 
Article  5  makes  a  period  of  residence  in  other 
Member States,  for  example  in  the  Member State  of  origin,  equivalent  to  a 
period spent in the Member State of residence. 

Since  Article  5 deals  only  with  the  conditions  to be  met  in  order  to  have 
the  right  to  vote  or  to  stand  as  a  candidate  in  the  Member State  of 
residence,  the  requirement  laid  down  in  the  first  sentence  does  not  affect 
any  specific  conditions  laid  down  by  a  Member State  in  respect  of  the 
exercise  of  these  rights  in  a  particular  constituency  or  locality  at  a 
particular  election and normally  linked to a minimum period of  residence  in 
that constituency or locality. 

Article  6:  Ineligibility 

1.  Article 6  deals  only  with  ineligibility,  the  state  of  a  Union  citizen 
who has been  legally barred  from standing as a candidate  at elections.  The 
question  of  incompatibility  between  membership  of  Parliament  and  other 
offices,  which  is  currently  governed  by  Articles 5  and  6  of  the  Act  of 
20 September  1976,  is a matter  for  the uniform  election  procedure  referred 
to  in  Article  138(3)  of  the  EC Treaty,  and  is  not  affected  by  this 
Directive. 

2.  Since  a  person  may  be  disqualified  from  standing  as  a  candidate  under 
the civil or criminal  law either of his Member State of residence or of his 
home  Member State,  and,  in  the  absence  of  international  conventions,  such 
court  decisions  are  not  normally  enforceable  in  the  Member State  of 
residence, Article 6 lays down the principle  that both sets of  rules are to 
Concurrent  application  is  not  incompatible  with  the 
apply  concurrently. 
Community  principle  of  non-discrimination:  since  the  aim  is  to  prevent 
possible  distortion  as  a  result  of  disparities  between  disqualification 
rules  in  force  in  the  Member States,  such  a  system  can  be  regarded  as 
forming  part  of  the  "detailed  arrangements"  to  be  adopted  by  the  Council 
under Article  8b(2) of the EC Treaty. 
As far as the substance  is concerned, concurrent application  is justified on 
the  ground  that  a  person  who  has  been  deprived  of  his  right  to  stand  as a 
candidate  at  elections  in  his  home  Member State,  normally  by  order  of  a 
court,  should  not  be  able  to  recover  this  right  merely  by  virtue  of  his 
residence  in  another  Member State.  The  possibility  of  a  citizen  of  the 
Union who has been deprived of his right to stand as a candidate in his home 
Member State  standing  as  a  candidate  in  his  Member State  of  residence  and 
campaigning  for  election  there  is  of  concern  to  both  Member States.  To 
safeguard  the  reputation  of  the  European Parliament,  steps  should  be  taken 
to  prevent  a  citizen  of  the  Union  who  has  been  deprived  of  his  right  to 
stand  as a  candidate  sitting  in Parliament  or even campaigning  for  election 
to it.  Clearly,  the risks of Parliament's reputation being undermined are 

- 15 -

greater  and more visible  in the case of disqualification from standing  as a 
candidate  as  in  that  of  disqualification  from  voting.  Article 6(1)  thus 
requires  the  Member State  of  residence  to  recognize  any  disqualification 
from standing as a candidate in the home Member State. 
The  arrangements  governing  disqualification  do  vary  widely  from  one 
Member State  to  another;  concurrent  application  is  based  on  the  view  that 
they  all  comply  with  the  general  principles  of  democracy  and  the  rule  of 
law, and that there is consequently nothing to prevent the Member State  of 
residence recognizing a disqualification in the home Member State. 

2.  To  implement  these  rules  on  concurrent  application,  Article  10(2) 
requires  the  Member State  of  residence  to  ask  the  person  concerned  to 
produce,  when  he  submits  his  application  to  stand  as  a  candidate,  an 
attestation  from  his  home  Member State  certifying  that  he  has  not  been 
deprived of the right  to stand as a candidate  in that State or that no such 
disqualification is known to those authorities.  On that basis, Article  6(2) 
requires the Member State of residence to declare an application to stand as 
a  candidate  inadmissible  where  the  citizen  is  unable  to  produce  the 
Since  Article  10(2)  establishes  a  procedural  requirement, 
attestation. 
Article 6(2) relates to a purely formal check which in most Member  States is 
normally carried out before the election.  That being so, Article  6(2) in no 
way  affects  certain  national  rules  on  disqualification  from  standing  as  a 
candidate  whereby  a  check  on  the  substance  of  the  matter  can  only  be  made 
after  the  election.  Given  the  political  importance  of  disqualifications, 
however,  it  is  desirable  that  disqualification  should  wherever  possible  be 
declared before the election campaign begins. 

Article  7:  Disqualification  from  voting 

Since the risks of Parliament's reputation being undermined are much smaller 
in  the  case , of. .. disqualification  from  voting  than  disqualification  from 
standing-as a candidate, Article 7 lays down more flexible arrangements  than 
Article 6. 

1.  "Che Member  State  of  residence  is  free  to decide whether  or-not  to  take 
account  of  a disqualification  from voting  in the home Member State.  It  is 
consequently  also  free  to  decide  whether  or  not  to  require  the  Community 
voter  to  state  in  his  declaration  under  Article 9(3)  that  he  l^as not  been 
deprived of the right to vote in his home Member State. 

2.  Member States  , which  opt  for  concurrent  application  as  allowed  by 
Article  7.(1) may notify  the home Member  State of the declaration  referred to 
in  Article  9(3).  They  must,  however,  transmit  only  such  details  as  are 
strictly  necessary  for  the  implementation  of  that  provision.  On  the  other 
hand,  the home Member State must  respond  to enquiries  from  the Member  State 
of  residence  and  supply  it  with  all  relevant  and  normally  available 
information.  To  protect  personal  data  and  comply  with  the  principle  of 
proportionality,  the  home  Member State  must  provide  the  Member State  of 
residence  with  only  those  details  that  are  strictly  necessary  for  the 
implementation  of  the  rules  on  concurrent  application. 
For  the  same 
reasons,  the Member  State of residence may use the information only for that 
purpose.  Once  it has opted for concurrent  application,  the Member State of 

- 16 -

residence  must  take  the  appropriate  steps  to  prevent  the  person  concerned 
from voting,  either  by  removing  him  from  the electoral  roll  or  by  refusing 
him access to the polling station. 

3.  Under  Article  7(3), the  home  Member State  may  take  the  initiative  of 
transmitting  to  the Member State  of  residence  any  necessary  information  to 
enable  it  to  take  account  of  a  disqualification  from  voting  in  the  home 
Member State.  In  such  cases,  however,  the  Member State  of  residence  will 
not have to respond. 

Article  8:  Freedom of  choice 

1.  To preserve  the voter's  freedom  to  choose  the Member State  in which  he 
wishes to vote, Article  8(1) provides that a Community voter will be entered 
on  the  electoral  roll  of his Member State  of  residence  only  at  his  express 
request.  The  importance  of  a voter ' s showing  that he  has  opted  to vote  in 
his  Member State  of  residence  stems  above  all  from  the  effect  such  a 
decision has on voting entitlement  in the home Member State: a voter thereby 
waives  his  right  to  vote  in  his  home  Member State. 
It  would  be 
inconceivable  for this to happen without the person concerned  first making a 
request to that effect. 

2.  In  accordance  with  the  principle  of  equality  between  nationals  and 
Community  voters  Article  8(2)  makes  it  clear  that  where  a  Community  voter 
has  exercised  his  entitlement  to  choose  which  State  to vote  in and  has had 
himself  entered  on an  electoral  roll  in his  Member State  of  residence,  and 
that  Member State  is  one  in  which  voting  is  compulsory,  he  too  will  be 
subject to the obligation to vote. 

Article  9:  Exercise of  the  right  to  vote 

1.  Article  9(1)  deals  with  the  time  at  which  an  application  for  entry  on 
the  electoral  roll  should  be  made  to  the  competent  authority  in  the 
Member State of residence;  it seeks to interfere as little as possible with 
the rules in force in the Member States, which vary widely in this respect. 
In  those  Member States  in  which  the  registers  are  updated  periodically, 
Community  voters  would  be  able  to  submit  their  applications  during  that 
period.  Outside  that period  registration  would  be possible  only by  way  of 
exception, under the same rules as apply to nationals. 
In  Member States  where  the  register  is  finalized  before  each  election, 
usually  automatically,  Community  voters  must  be  entitled  to  apply  within  a 
reasonable period  before  closure of the register.  When  they  transpose  this 
Directive  into  their national  law  the Member States  concerned  will  have  to 
determine  an  appropriate  period  taking  account  on  the  one  hand  of  the 
legitimate  interests  of  the voters  and  on  the other  of  the need  for proper 
organization of the election. 

- 17 -

2.  Article  9(2)  deals  with  the  documents  which  a  Community  voter  must 
produce  in  support  of  his  application:  these  are  to  be  the  same  as  those 
required  of  a  national. 
In  order  to  prevent  anyone  from  voting  twice, 
however,  Community  voters  have  to  be  asked  for  a  number  of  further 
documents. 
As  the  objective  is  as  far  as  possible  to  facilitate  the 
exercise of  the right  to vote  in the Member State of residence, these  extra 
documents  have  to  be  kept  to  a  strict  minimum. 
Since  the  rules  on 
supporting  documents  should  also  be  based  on  the principle  that  statements 
made  by  the  citizens  concerned  should  be  trusted,  Article 9(2)  requires 
Community  voters  merely  to  produce 
a  formal  declaration  containing  a 
limited  number  of  particulars  enabling  the  home  Member State  to  identify 
them easily and take the necessary steps to prevent double voting. 

3.  Under Article  9(3), the Member State of residence may  require  a  limited 
number  of  other  supporting  documents  for  the  purposes  of  implementing 
Article  7,  identifying  the  person  concerned  more  easily  or  checking  the 
minimum period of residence referred to in the first sentence of Article 5. 

4.  Article  9(4)  is  aimed  at  preserving  the  Community  voter's  freedom  to 
choose  the  Member State  in  which  he  proposes  to  vote  while  avoiding  any 
interference  with  the electoral  rules  in the Member States, and at  the  same 
time  at  facilitating  the  updating  of  the  registers  of  Community  voters  by 
administrative 
the  Member States  without  imposing  any  unnecessary 
formalities on the voters. 

Article  10:  Exercise of the right to stand as a candidate 

1.  Article 10(1) deals with the documents which  a Community national  is to 
produce  when  he  submits  his application  to stand as a candidate:  these  are 
to be  the same as  the  documents  required  of a national  of  the country.  To 
prevent  candidates 
from  standing  in  two  Member States,  however, 
Article  10(1)  requires  Community  candidates  to  produce  a  number  of  further 
documents,  but  these  are  kept  to  a  strict  minimum. 
The  layout  of 
Article 10(1) is identical to that of Article 9(2). 

2.  For  the  purposes  of  applying  the  rule  on  concurrent  application  of 
disqualifications  from  standing  as  a  candidate  laid  down  in  Article 6, 
Article 10(2) provides that a Community national must produce, in support of 
his  application,  an  attestation  from  the  competent  administrative 
authorities  of  his  home  Member State  certifying  that  he  has  not  been 
deprived  of  the  right  to  stand  as  a  candidate  in  that  Member State.  If 
necessary,  and  in particular  where  such  information  is not  centralized,  the 
home  Member State  may  confine  itself  to  certifying  that  no  such 
disqualification  is  known  to  its  authorities.  Clearly,  it  is  up  to  each 
Member State  to decide  which of  its authorities  are to be competent  for  the 
purposes of Article  10(2), and in particular to determine what role could be 
played here by its consular authorities. 

3.  Under  Article  10(3),  the  Member State  of  residence  may  require  the 
person  concerned  to  produce  a  limited  number  of  additional  supporting 
documents  in  order  to  help  identify  him  or  check  that  any  condition  laid 
down under the last paragraph of Article  3 is met. 

-  18 

-

Article  11 : Appeals 

1.  The  notification  required  by  Article 11(1)  serves  to  enable  appeals  to 
be  lodged  under Article  11(2).  It  leaves  Member States  free  to  choose  the 
way  in  which  the  information  is  to  be  supplied;  it  may  be  given  to  the 
person  concerned  individually,  or  announced  when  the  electoral  roll  is 
published,  but  whatever  method  is  chosen,  the  information  must  be  supplied 
in good time. 

2.  Applying  the  principle  that  the  rules  governing  nationals  and  non-
nationals  are  to  be  the  same,  Article 11(2)  provides  that  Community 
nationals may lodge appeals in the same way as nationals of the Member State 
of residence, whether through litigation or some form of review procedure. 

Article  12:  Information 

As Community voters  and Community nationals  entitled  to stand  as  candidates 
have  to  meet  the  same  conditions  as  nationals  as  well  as  certain  specific 
conditions,  particularly  as  regards  supporting  documents,  Article 12 
requires  the  competent  authorities  of  the  Member State  of  residence  to 
inform  them of  their  entitlements  in good  time, in order  to enable  them  to 
exercise  their  right  to  vote  or  to  stand  as  a  candidate  there  if  they  so 
wish.  It  leaves  Member States  free  to  choose  the most  appropriate  way  of 
doing  this. 

Article 13: Exchange of information 

While  avoiding  any  unnecessary  red  tape,  Article 13  establishes  machinery 
for  the  exchange  of  information  between Member States  in order  to prevent, 
wherever  possible,  double  voting  and  double  candidature  in  violation  of 
Article 4.  To that end,  the Member State of residence will have to pass on 
to  the  home  Member State  information  on  the  latter's  nationals  who  are 
entered on electoral  rolls or are standing as candidates. 

The content of the information should be based on the statements made by the 
individuals  concerned  in  their  formal  declarations.  To  ensure  that  Union 
citizens'  personal  data  are  properly  protected  and  in  accordance  with  the 
principle  of proportionality,  the  information exchanged  should  contain  only 
those  particulars  that  are  necessary  for  implementing  Article 4  and  should 
be used only for that purpose. 

If this machinery  for the exchange of information is to operate effectively, 
the  information must be  transmitted  sufficiently  in advance  of polling  day. 
The  fact  remains, however,  t.hat the time allowed  for entry on  the  electoral 
roll  and  submission  of  applications  to  stand  as  candidates  varies  widely 
between the Member States. 

On  the  basis  of  the  information  transmitted  by  the  Member State  of 
residence,  the  home Member State  will  have  to  take,  in accordance  with  its 
existing  electoral  law,  appropriate  measures  to prevent  as  far  as  possible 
its nationals  voting  twice  or  standing  as  candidates  in  two Member States. 
Given the variety of electoral  systems and political  traditions in the 

- 19 -

Member States, Article  13 allows either preventive checks before polling day 
(for example, removal  from  the electoral  roll),  repressive  checks after  the 
election  (e.g. penalties under criminal  law) or a combination of both. 

Article  14: Derogations 

1.  The  second  sentence  of  Article 8(b) (2)  of  the  EC Treaty  allows 
derogations  where  warranted  by  problems  specific  to  a  Member State;  such 
problems  arise  mainly  where  there  is  a  particularly  high  proportion  of 
The  average  proportion  is  currently 
nationals  of  other  Member States. 
between  about  0.3% and about  6%  of  all  resident Union  citizens. 
There is 
only  one  Member State  in  which  the  proportion  of  Community  residents  of 
voting  age  is  substantially  higher,  at  about  29%  of  the  total  potential 
electorate. 

In  view  of  this  situation,  paragraph  1  lays  down  a  threshold  of  20% which 
must be reached before a Member State can derogate under points(a) and (b). 
The proportion  is to be calculated  on the basis of statistics  for all Union 
citizens of voting age residing  in the Member State on the date  indicated. 

Since  the  detailed  arrangements  referred  to  in Article 8b(2) of  the  Treaty 
are to be adopted  "without prejudice to Article  138(3) and to the provisions 
adopted  for  its  implementation",  Article 14  makes  it  clear  that  this 
Directive  does  not  affect  each  Member State's  right  to  adopt  appropriate 
measures relating to the electoral procedure.  Pending additional provisions 
to  be  adopted  under  Article  138(3)  of  the  Treaty,  neither  this  Directive, 
nor  the  Act  of  2 0 September 1976  concerning  the  election  of  the 
representatives of the European Parliament by direct universal suffrage  (see 
Article  7(2)  of  the Act)  affect  in  any  way  each Member State's  existing  or 
planned  provisions  relating  to  electoral  procedure,  and  in  particular  the 
composition of lists of candidates. 

Points  (a) and  (b) in paragraph 1 limit  the possible  derogations, which may 
not  go  beyond  a  requirement  that  Community  nationals  must  have  resided  in 
As  far as  the  right  to  stand  is 
that  Member State  for  a minimum  period. 
concerned  it is reasonable to set a period which is no longer than twice the 
term  for which the European Parliament  is elected. 
As  far as  the right to 
vote  is concerned  the minimum  period  of  residence may not  be more  than one 
such term. 

But provision must be made to ensure that Community nationals who are unable 
to vote  or  to  stand  as  candidates  in  their  home  Member State  by  reason of 
their  residence  in another  Member State, or because  of  the  length  of  their 
residence  there, do  not  need  to  satisfy  this minimum  residence  requirement 
in order to vote and to stand in their Member State of residence. 

- 20 -

2.  Furthermore,  problems  specific  to  a  Member State  and  warranting 
derogations under  the second  sentence of Article 8b(2) of  the EC Treaty  can 
stem  from  the  fact  that,  in  certain  Member States,  nationals  of  other 
Member States  already  have  the  right  to  vote  in  elections  not  only  to  the 
European Parliament but also to the national parliament. 
In one Member State, citizens of a neighbouring Member State are not treated 
as  foreigners  and have had  the  right  to vote and  to  stand  as  candidates  in 
parliamentary  elections  and  local  elections  since  1948,  as  well  as  in 
elections  to  the  European  Parliament  since  1979, under  conditions  that  are 
exactly the same in both form and substance as those applying to nationals. 
In  the  neighbouring  Member State,  since  1935  any  person  born  in  the  other 
In  addition,  the 
Member State  has  not  been  treated  as  a  foreigner. 
constitution  has been amended  to allow  the  legislator  to grant  non-national 
residents  the  right  to  vote  in  elections  to  the  national  parliament.  On 
that basis, the electoral  law adopted  in 1985 provides  that citizens of  the 
other Member State  in question and, on a reciprical basis, nationals  of all 
other  Member States  have  the  right  to  vote  in  elections  to  the  national 
parliament.  As  far  as elections  to  the  European  Parliament  are  concerned, 
residents who are nationals of the other Member State concerned,  as well as 
nationals of all other Member States, have had the right to vote since 1977. 
Consequently, nationals of these two Member States residing  in the other one 
normally  appear,  in  the  Member State  of  residence,  on  the  electoral  rolls 
for  elections  to  the  national  parliament,  which  are  established 
automatically  in both  the Member States.  The electoral  rolls  for  elections 
to  the  European  Parliament  are  established  automatically  on  the  basis  of 
those national electoral rolls in both countries. 
Nationals  of  the  two  Member States  concerned  who  reside  in  the  other  one 
should not  therefore  have  to comply with the specific  formalities  laid down 
by Articles 6 to 13 of this Directive. 

3.  The clause in Article  8b(2) of the EC Treaty which allows derogations is 
concerned  with  the  arrangements  for  the  exercise  of  the  rights  guaranteed, 
Any derogation must  therefore be subject to 
and not  the guarantee  itself. 
review.  Article 14(3) accordingly establishes a system of regular reports. 

In  order  to  enable  the  Commission,  in  its  capacity  as  guardian  of  the 
whether  the  tests  of  paragraphs 1  and  2  are  still 
Treaty,  to  verify 
satisfied,  Member States  which  derogate  must  be  required  to  supply  the 
Commission with all  the necessary  background  information, and  in particular 
with the relevant statistics. 

-  21 

-

Article  15: Transitional provisions 

Given  the  extremely  tight  schedule  for  implementing  this Directive  in  time 
for  the  fourth  direct  elections  to  the  European  Parliament,  a  number  of 
transitional  provisions  are  essential  to  take  account  of  some  specific 
problems  facing certain Member States. 

1.  Since  in  some  Member States  all  citizens  of  the  Union  or  citizens  of 
other, specified, Member States are already entitled to vote in elections to 
the European  Parliament  and may therefore be entered  on the electoral  rolls 
even  before  this Directive  enters  into  force,  it  is necessary  to  recognize 
their  acquired  rights  and  to  provide  that  the  Directive  should  not  affect 
their  registration. 
Such  persons  need  not  submit  an  application  under 
Article 8 or produce  the supporting documents  required  by Article  9.  Under 
Article  9(4),  this  situation  may  be  maintained  after  the  fourth  direct 
elections to the European Parliament  if the existing national legislation so 
allows. 

2.  Article  15(2)  provides  that,  where  a  Member State  requires  that  as  a 
rule names are  to be entered on an electoral  roll only at a certain  time of 
year,  it  is  to  take  any  measures  necessary  to  enable  Community  voters  to 
exercise  their  right  to  vote  in  their  Member State  of  residence  at  the 
fourth direct elections to the European Parliament. 

3.  Article 15(3)  takes  account  of  certain  technical  problems  facing 
Member States  which  do  not  draw  up  a  specific  electoral  roll  but  indicate 
eligibility  to  vote  in  the population  register.  The  arrangements  provided 
for  here  do  not  encroach  on  the  principle  of  the  free  choice  of  the 
Member State  in which  to exercise  the  right  to  vote  or  the  principle  laid 
down in Article  8(1). 

4.  Since  the  legislation  of  certain  Member States  lays  down  a  lengthy 
internal procedure  for the nomination of  candidates by political  parties or 
groups,  and  this procedure,  which normally  lasts  over  a year,  will  already 
have  been  started  or  even  completed  by  the  political  parties  or  groups 
before  1 February 1994, the Member States  concerned must  be able  to provide 
that the procedures and decisions  taken under them remain valid. 

Article  16: Review  clause 

In view of the complexity of the technical problems involved  in implementing 
Article 8b(2) of the EC Treaty, in particular the machinery for the exchange 
of information referred to in Articles 7 and 13, the Commission will have to 
evaluate,  in  a  report  to  Parliament  and  the  Council  drawn  up  after  the 
June 1994  elections,  the  experience  gained  in  applying  the  Directive  and 
propose  any  amendments  that  may  be  necessary.  If  necessary,  the  Council 
will be requested  to act unanimously, once Parliament has been consulted, on 
any proposals  for amendments put forward by the Commission. 

-  22 

-

Article  17: Transposition 

So  that  the  Directive  can  apply  at  the  fourth  direct  elections  to  the 
European Parliament,  in  June 1994, Article 17(1)  sets  an  extremely  short 
deadline for transposition. 

-  23 

-

PROPOSAL FOR A COUNCIL DIRECTIVE 

laying down detailed arrangements for the exercise of 
the right to vote and to stand as a candidate in elections to 
the European Parliament by citizens of the Union residing 
in a Member  State of which they are not nationals 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in 
particular Article  8b(2) thereof, 

Having regard to the proposal  from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas  the European Union marks  a new  stage  in the process  of  creating  an 
ever  closer  union  among  the peoples  of  Europe; whereas  one  of  its  tasks  is 
to organize, in a manner demonstrating consistency and solidarity,  relations 
between the peoples of the Member States; whereas its fundamental  objectives 
include a strengthening of the protection of the rights and interests of the 
nationals  of  its Member States  through  the  introduction  of a  citizenship of 
the Union; 

Whereas  to  that  end  Title  II of  the Treaty on European Union,  amending  the 
EEC Treaty with a view to establishing  the European Community,  introduces a 
citizenship  of  the Union for all nationals of  the Member States  and  confers 
on such nationals on that basis a number of rights which they may assert; 

Whereas  the  right  to vote  and  to  stand  as a  candidate  in  elections  to  the 
European  Parliament  in  the  Member State 
of  residence,  embodied  in 
Article 8b (2)  of  the  EC  Treaty,  is  an  instance  of  the  application  of  the 
principle  of  non-discrimination  between  nationals  and  non-nationals  and  a 
corollary of  the right  to move and reside  freely enshrined  in Article  8a of 
that Treaty; 

Whereas  Article  8b(2)  is concerned  only  with  the  possibility  of  exercising 
the  right  to  vote  and  to  stand  as  a  candidate  in  elections  to  the 
European Parliament,  without  prejudice  to Article 138(3)  of  the  EC  Treaty, 
which  provides  for  the  establishment  of  a  uniform  procedure  in  all 
Member States  for  those  elections; whereas  it  essentially  seeks  to  abolish 
the  nationality  requirement  which  currently  has  to  be  satisfied  in  most 
Member States in order to exercise those rights; 

- 24 -

Whereas  application  of  Article 8b(2)  does  not  presuppose  harmonization  of 
Member States' electoral  systems; whereas, moreover,  to take account  of the 
principle of proportionality set out in the third paragraph of Article 3b of 
the EC Treaty,  the content of Community  legislation  in this sphere must not 
go beyond what is necessary to achieve the objective of Article  8b(2); 

Whereas  the purpose  of Article 8b (2) is to ensure  that  all  citizens  of  the 
Union,  whether  or  not  they  be  nationals  of  the Member State  in  which  they 
reside,  can  exercise  in  that  State  their  right  to  vote  and  to  stand  as  a 
candidate  in elections to the European Parliament under the same conditions; 
whereas  the  conditions  applying  to  non-nationals,  including  those  relating 
to period and proof of residence, should therefore be identical to those, if 
any, applying to nationals of the Member State concerned; 

Whereas  Article 8b(2)  guarantees  the  right  to  vote  and  to  stand  as  a 
candidate  in  elections  to  the  European  Parliament  in  the  Member State  of 
residence,  without  actually  substituting  it  for  the  right  to  vote  and  to 
stand as a candidate in the Member State of which the citizen is a national; 
whereas  the  freedom  of  citizens  of  the Union  to  choose  the Member State  in 
which  to  take  part  in  European  elections  must  be  respected,  while  taking 
care to ensure that  this  freedom  is not abused by people voting or  standing 
as a candidate  in more than one country; 

Whereas  any  derogation  from  the  general  rules  of  this  Directive  must  be 
warranted,  pursuant  to  Article  8b(2),  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  citizens  of  the Union of  voting  age who  reside  in  it but 
are  not  nationals  of  it  is  very  significantly  above  average;  whereas 
derogations  are  warranted  where  such  citizens  form  more  than  20%  of  the 
total electorate; whereas such derogations must be based on the criterion of 
period of residence; 
Whereas citizenship of the Union is intended to enable citizens of the Union 
to integrate better  in their host country and that in this context, it is in 
accordance  with  the  intentions  of  the  authors  of  the  Treaty  to  avoid  any 
polarization between lists of national and non-national candidates; 
Whereas  this  risk  of  polarization  concerns  in particular  a Member  State  in 
which  the  proportion  of  non-national  citizens  of  the  Union  of  voting  age 
exceeds  20 % of the total number of  citizens of the Union of voting age who 
reside there and that, therefore, it is important that this Member State may 
lay down,  in compliance with Article  8 B of  the Treaty,  specific  provisions 
concerning the compsition of lists of candidates; 
Whereas  account  must  be  taken  of  the  fact  that  in  certain  Member States 
residents who are nationals of other Member States have the right to vote in 
elections  to  the  national  parliament  and  the  formalities  provided  for  by 
this Directive  can consequently be eased, 

HAS ADOPTED THIS DIRECTIVE: 

Chapter  I: General provisions 

Article 1 

1.  This  Directive  lays  down  the  detailed  arrangements  whereby 
citizens  of  the  Union  residing  in  a  Member State  of  which  they  are  not 
nationals  may  exercise  the  right  to vote  and  to stand  as a  candidate  there 
in elections to the European Parliament. 

2.  Nothing  in  this  Directive  shall  affect  each  Member  State's 
provisions  concerning  the  right  to  vote  or  to  stand  as  a  candidate  of  its 
nationals  who  reside  outside  its  electoral  territory. 

-  25  -

For  the  purposes  of  this  Directive: 

Article 2 

(1)  "elections  to  the  European  Parliament"  means  elections  by  direct 
universal  suffrage  to  the  European  Parliament  of  representatives  of  the 
peoples  of  the  States  brought  together  in  the  European  Community  in 
accordance  with  the  Act  concerning  the  election  of  the  representatives  of 
the  European  Parliament  by  direct  universal  suffrage;1 

(2)  "electoral  territory"  means  the  territory  of  a Member  State  in  which,  in 
accordance  with  the  Act  concerning  the  election  of  the  representatives  of 
the  European  Parliament  by  direct  universal  suffrage  and,  within  that 
framework,  in  accordance  with  the  electoral  law  of  that  Member  State, 
members  of  the  European  Parliament  are  elected  by  the  people  of  that 
Member  State; 

(3)  "Member  State  of  residence"  means  a  Member  State  in  which  a  citizen  of 
the Union  resides  but  of  which  he  is not  a  national; 

(4)  "home  Member  State"  means  the  Member  State  of  which  a  citizen  of  the 
Union  is  a  national; 

(5)  "Community  voter"  means  any  citizen  of  the  Union  who  is  entitled  to  vote 
in  elections  to  the  European  Parliament  in  his  Member  State  of  residence  in 
accordance  with  this  Directive; 

(6)  "Community  national  entitled  to  stand  as  a  candidate"  means  any  citizen 
of  the  Union  who  has  the  right  to  stand  as  a  candidate  in  elections  to  the 
European  Parliament  in his  Member  State  of  residence  in  accordance  with  this 
Directive; 

(7)  "electoral  roll"  means  the  official  register  of  all  voters  entitled  to 
vote  in  a  given  constituency  or  locality,  drawn  up  and  kept  up  to  date  by 
the  competent  authority  under  the  electoral  law  of  the  Member  State  of 
residence,  or  the  population  register  if  it  indicates  eligibility  to  vote; 

(8)  "reference  date"  means  the  day  or  the  days  on  which  citizens  of  the 
Union  must  satisfy,  under  the  law  of  the  Member  State  of  residence,  the 
requirements  for  voting  or  for  standing  as  a  candidate  in  that  State; 

(9)  "formal  declaration"  means  a  declaration  by  the  person  concerned, 
inaccuracy  in which  makes  that  person  liable  to  penalties. 

OJ  No  L  278, 8.10.1976,  p.  5. 

-  26  -

Article 3 

Any  person  who,  on  the  reference  date: 

(a)  is  a  citizen  of  the  Union  within  the  meaning  of  the  second  subparagraph 

of  Article  8(1)  of  the  Treaty, 

(b) not  being  a  national  of  the  Member  State  of  residence,  satisfies  the 
same  conditions  in  respect  of  the  right  to  vote  and  to  stand  as  a 
candidate  as  that  State  imposes  by  law on  its  own  nationals, 

shall  have  the  right  to  vote  and  to  stand  as  a  candidate  in  elections  to  the 
European  Parliament  in  the  Member  State  of  residence  unless  deprived  of 
those  rights  pursuant  to Articles  6 and  7. 

Where,  in  order  to  stand  as  a  candidate,  nationals  of  the  Member  State  of 
residence  must  have  been  nationals  for  a  certain  minimum  period,  citizens  of 
the  Union  shall  be  deemed  to  have  met  this  condition  when  they  have  been 
nationals  of  a  Member  State  for  the  same  period. 

Article 4 

1.  Community  voters  shall  exercise  their  right  to  vote  either  in  the 
Member  State  of  residence  or  in  their  home  Member  State.  No  person  may  vote 
more  than  once  at  the  same  election. 

2.  No  person  may  stand  as  a  candidate  in more  than  one  Member  State  at  the 
same  election. 

Article 5 

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  electoral  territory  of  that  State,  Community  voters  and 
Community  nationals  entitled  to  stand  as  candidates  shall  be  deemed  to  have 
fulfilled  that  condition  where  they  have  resided  for  an  equivalent  period  in 
other  Member  States.  This  provision  shall  apply  without  prejudice  to  any 
specific  conditions  as  to  length  of  residence  in  a  given  constituency  or 
locality. 

Article 6 

1.  Any  citizen  of  the  Union  who  resides  in  a  Member  State  of  which  he  is 
not  a  national  and  who,  through  a  criminal  law  or  civil  law  decision,  has 
been  deprived  of  his  right  to  stand  as  a  candidate  under  either  the  law  of 
the  Member  State  of  residence  or  the  law  of  his  home  Member  State,  shall  be 
precluded  from  exercising  that  right  in  the  Member  State  of  residence  in 
elections  to  the  European  Parliament. 

2.  An  application  from  any  citizen  of  the  Union  to  stand  as  a  candidate  in 
elections  to  the  European  Parliament  in  the  Member  State  of  residence  shall 
be  declared  inadmissible  where  that  citizen  is  unable  to  provide  the 
attestation  referred  to  in Article  10(2). 

- 27 -

Article 7 

1.  The  Member State  of  residence  may  check  whether  the  citizens  of  the 
Union who have expressed a desire to exercise their right to vote there have 
not  been  deprived  of  that  right  in  the  home  Member State  through  an 
individual civil law or criminal law decision. 

2.  For  the  purposes  of  paragraph 1  of  this  Article,  the  Member State  of 
residence may notify the home Member State of the declaration referred to in 
Article 9.  To  that  end,  the  relevant  and  normally  available  information 
from  the  home  Member State  shall  be  provided  in  good  time  and  in  an 
appropriate  manner;  such  information  may  only  include  details  which  are 
strictly  necessary  for  the  implementation  of  this Article  and  may  only  be 
used  for that purpose.  If the  information provided  invalidates  the  content 
of the declaration, the Member State of residence shall take the appropriate 
steps to prevent the person concerned  from voting. 

3.  The  home  Member State  may,  in  good  time  and  in  an  appropriate  manner, 
submit  to  the  Member State  of  residence  any  information  necessary  for  the 
implementation of this Article. 

Article 8 

1.  A  Community  voter  shall  exercise  his  right  to vote  in  the Member State 
of residence if he has expressed the wish to do so. 

2.  If  voting  is  compulsory  in  the  Member  State  of  residence,  Community 
voters  who  have  expressed  the  wish  to do  so  shall  be  obliged  to vote. 

Chapter II: Exercise of the right to vote and the right 
to stand as a candidate 

Article 9 

1.  Member States  shall  take  the  necessary  measures  to  enable  a  Community 
voter  who  has  expressed  the  wish  for  such  to  be  entered  on  the  electoral 
roll sufficiently in advance of polling day. 

2.  In  order  to  have  his  name  entered  on  the  electoral  roll,  a  Community 
voter  shall  produce  the  same  documents  as  a  voter  who  is  a  national.  He 
shall also produce a formal declaration stating: 

(a) his  nationality  and  his  address  in  the  electoral  territory  of  the 

Member  State  of  residence, 

(b) where  applicable,  the  locality  or  constituency  in  his  home  Member  State 

on  the  electoral  roll  of  which  his  name  was  last  entered,  and 

(c)  that  he  will  exercise  his  right  to  vote  in  the Member  State  of  residence 

only. 

-  28 -

3.  The  Member  State  of  residence  may  also  require  a  Community  voter  to: 

(a)  state  in his  declaration  under  paragraph  2  that  he  has  not  been  deprived 

of  the  right  to vote  in his  home  Member  State, 

(b) produce  a  valid  identity  document,  and 
(c)  indicate  the  date  from  which  he  has  been  resident  in  that  State  or  in 

another  Member  State. 

4.  Community  voters  who  have  been  entered  on  the  electoral  roll  shall 
remain  thereon,  under  the  same  conditions  as voters  who  are  nationals,  until 
such  time  as  they  request  to  be  removed  or  until  such  time  as  they  are 
removed  automatically  because  they  no  longer  satisfy  the  requirements  for 
exercising  the  right  to  vote. 

Article 10 

1.  When  he  submits  his  application  to  stand  as  a  candidate,  a  Community 
national  shall  produce  the  same  supporting  documents  as  a  candidate  who  is  a 
national.  He  shall  also produce  a  formal  declaration  stating: 

(a) his  nationality  and  his  address  in  the  electoral  territory  of  the 

Member  State  of  residence, 

(b)  that  he  is  not  standing  as  a  candidate  for  election  to  the  European 

Parliament  in  any  other  Member  State,  and 

(c) where  applicable,  the  locality  or  constituency  in  his  home  Member  State 

on  the  electoral  roll  of  which  his  name  was  last  entered. 

2.  When  he  submits  his  application  to  stand  as  a  candidate  a  Community 
national  must  also  produce  an  attestation  from  the  competent  administrative 
authorities  of  his  home  Member  State  certifying  that  he  has  not  been 
deprived  of  the  right  to  stand  as  a  candidate  in  that  Member  State  or  that 
no  such  disqualification  is known  to  those  authorities. 

3.  The  Member  State  of  residence  may  also  require  a  Community  national 
entitled  to  stand  as  a  candidate  to  produce  a  valid  identity  document.  It 
may  also  require  him  to  indicate  the  date  from  which  he  has  been  a  national 
of  a  Member  State. 

Article 11 

1.  The  Member  State  of  residence  shall  inform  the  person  concerned  of  the 
action  taken  on  his  application  for  entry  on  the  electoral  roll  or  of  the 
decision  concerning  the  admissibility  of  his  application  to  stand  as  a 
candidate. 

2.  Should  a  person  be  refused  entry  on  the  electoral  roll  or  his 
application  to  stand  as  a  candidate  be  rejected,  the  person  concerned  shall 
be  entitled  to  legal  remedies  on  the  same  terms  as  the  legislation  of  the 
Member  State  of  residence  prescribes  for  voters  and  persons  entitled  to 
stand  as  candidates  who  are  its  nationals. 

Article 12 

The  Member  State  of  residence  shall  inform  Community  voters  and  Community 
nationals  entitled  to  stand  as  candidates  in good  time  and  in an  appropriate 
manner  of  the  conditions  and  detailed  arrangements  for  the  exercise  of  the 
right  to  vote  and  to  stand  as  a  candidate  in  elections  in  that  State. 

- 29 -

Article 13 

Member States shall exchange the information required for the  implementation 
of  Article 4.  To  that  end,  the  Member State  of  residence  shall,  on  the 
basis of the formal declaration referred to in Articles  9 and 10, supply the 
home Member State, sufficiently  in advance  of polling day, with  information 
on  the  latter  State's  nationals  entered  on  electoral  rolls  or  standing  as 
candidates.  The  home  Member State  shall,  in  accordance  with  its  national 
legislation,  take  appropriate  measures  to  ensure  that  its nationals  do not 
have a double vote or stand as candidates  in two Member States. 

Chapter  III: Derogations and transitional provisions 

Article  14 

1.  If on 1 January 1993, in a given Member State, the number of citizens of 
the Union of voting age who reside in it but are not nationals of it exceeds 
20%  of  the  total number  of  citizens  of  the Union  residing  there who  are of 
voting  age,  that  Member State  may,  without  prejudice  to  the  appropriate 
measures  relating  to  the  composition  of  lists  of  candidates  which  it  is 
entitled  to  take,  subject  to  the provisions  to  be  adopted  in pursuance  of 
Article  138(3) of the Treaty, and by way of derogation from this Directive: 

(a)  restrict  the  right  to  vote  to  Community  voters  who  have  resided  in  that 
Member  State  for  a  minimum  period,  which  may  not  exceed  five  years; 

(b) restrict  the  right  to  stand  as  a  candidate  to  Community  nationals 
entitled  to  stand  as  candidates  who  have  resided  in  that  Member  State 
for  a minimum  period,  which  may  not  exceed  ten years. 

These  provisions  are  without  prejudice  to  appropriate  mesures  which  this 
Member  State  may  take  with  regard  to  the  composition  of  lists  of  candidates 
and  which  are  intended  in  particular  to  encourage  the  integration  of  non-
national  citizens  of  the  Union. 

However,  Community  voters  and  Community  nationals  entitled  to  stand 
ax 
candidates  who,  owing  to  the  fact  that  they  have  taken  up  residence  outside 
their  home  Member  State  or  by  reason  of  the  duration  of  such  residence,  do 
not  have  the  right  to  vote  or  to  stand  as  candidates  in  that  home  State 
shall  not  be  subject  to  the  conditions  as  to  length  of  residence  set  out 
above. 

2.  Where, on 1 February 1994, the nationals of a Member State who reside in 
another Member State have also the right to vote for the national parliament 
there  and,  for  that  purpose,  may  be  entered  on  the  electoral  roll  under 
exactly the same conditions as national voters, the latter Member State may, 
by  way  of  derogation,  refrain  from  applying  Articles 6  to  13  of  this 
Directive  in respect of such nationals. 

3.  By  31 December 1997  and  thereafter  18 months  prior  to  each  election  to 
the European Parliament, the Commission shall present  to the Council  and  to 
Parliament  a  report  in  which  it  shall  check  whether  the  grant  to  the 
Member States  concerned  of  a  derogation  pursuant  to  Article  8b(2)  of  the 
Treaty  is  still  warranted  and  shall  propose  that  any  necessary  adjustments 
be made. 
Member States  which  invoke  derogations  under  paragraphs 1  and  2  shall 
furnish the Commission with all the necessary background  information. 

- 30 -

Article 15 

For  the  fourth  direct  elections  to  the  European  Parliament,  the  following 
special provisions  shall apply: 

1.  Citizens  of  the  Union  who, on  15 February 1994, already  have  the  right 
to  vote  in  the  Member State  of  residence  and  whose  names  appear  on  the 
electoral  roll  in the Member State of residence  shall not be subject  to the 
formalities  laid down in Article  9. 

2.  Member States  in  which  the  electoral  rolls  have  been  finalized  before 
15 February 1994  shall  take  the  steps  necessary  to  enable  Community  voters 
who  wish  to exercise  their  right  to vote  there  to enter  their  names  on the 
electoral  roll sufficiently  in advance of polling day. 

3.  Member States which do not draw up specific electoral  rolls but  indicate 
eligibility  to  vote  in  the  population  register  and  where  voting  is  not 
compulsory may also apply this system to Community voters who appear on that 
register  and  who,  having  been  informed  individually  of  their  rights,  have 
not  expressed  a  wish  to  exercise  their  right  to  vote  in  their  home 
Member State.  They  shall  forward  to  the  home  Member State  the  document 
showing  the  intention  expressed by those voters  to vote  in the Member State 
of residence. 

4.  Member States  in  which  the  internal  procedure  for  the  nomination  of 
candidates  for political  parties  and groups  is governed  by  law may  provide 
that  any  such  procedures  which,  in  accordance  with  that  law,  were  opened 
before  1 February  1994  and  the  decisions  taken  within  that  framework  shall 
remain valid. 

Chapter VI: Final provisions 

Article  16 

The  Commission  shall  submit  a  report  to  the  European  Parliament  and  the 
Council  by  31 December  1995  on  the  application  of  the  provisions  of  this 
Directive  to  the  June 1994  elections  to  the  European  Parliament.  On  that 
basis  the Council, acting unanimously  on a proposal  from  the Commission  and 
after consulting  the European Parliament, may adopt provisions amending this 
Directive. 

- 31 -

Article 17 

Member States  shall  adopt  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  no  later  than 
1 February 1994.  They shall forthwith inform the Commission thereof. 

When Member States adopt these measures, they shall contain a reference to 
this Directive or shall be accompanied by such reference on the occasion of 
their official publication.  The methods of making such reference shall be 
laid down by Member States. 

This Directive is addressed to the Member States. 

Article 18 

ISSN 0254-1475 

COM (93) 534 final 

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ISBN 92-77-60278-3 

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