Report from the Commission to the European Parliament and the Council on the application of Directive 94/80/EC on the right to vote and to stand as a candidate in municipal elections
Date: 2002-05-30
Institutions: European Commission
Subjects: EU Member State, EU national, European citizenship, application of EU law, civil rights, local election, residence, right to stand for election, right to vote

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 30.05.2002
COM(2002)260 final

REPORT FROM THE COMMISSION
TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

on the application of Directive 94/80/EC on
the right to vote and to stand as a candidate in municipal elections

REPORT FROM THE COMMISSION
TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

on the application of Directive 94/80/EC on
the right to vote and to stand as a candidate in municipal elections

1.

INTRODUCTION

Every citizen of the Union has the right to vote and to stand as a candidate in
municipal elections in the Member State in which he or she resides under the same
conditions as nationals of that State.1

This is one of the rights that citizenship of the Union, introduced by the Maastricht
Treaty in 1992, confers on citizens of the Union. The particular rights to take part in
political life in the Member State of residence are laid down in Article 19 of the Treaty
establishing the European Community (hereafter “the EC Treaty”).

Article 19(1) provides that every citizen of the Union residing in a Member State of
which he/she is not a national2 has the right to vote and to stand as a candidate in
municipal elections in the Member State in which he/she resides, under the same
conditions as nationals of that State. This right is to be exercised subject to detailed
arrangements adopted by the Council. The arrangements may provide for derogations
where warranted by problems specific to a Member State.

The detailed arrangements for the exercise of the right to vote and to stand as a
candidate in municipal elections were laid down in 1994 by Directive 94/80/EC
(hereafter “the Directive”).3 Following the accession of Austria, Finland and Sweden
in 1995, it was amended by Directive 96/30/EC4 to provide a reference to the basic
local government units of those three countries.

Article 13 of the Directive stipulates that the Commission is to submit to the European
Parliament and the Council a report on the application of the Directive, including any
changes in the electorate which have taken place since its entry into force, within a
year of the holding in all the Member States of the municipal elections organised on
the basis of the Directive’s provisions. At the same time the Commission is to propose,
if necessary, appropriate adjustments.

Although the Member States were to implement the Directive before 1 January 1996,
it was transposed in several Member States after that date. This was also the case in

1

2

3

4

Article 40 of the Charter of Fundamental Rights of the European Union (OJ C 364, 18.12.2000, p. 1).
Hereafter referred to as “non-national citizen of the Union” or “non-national voter”.
Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of
the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a
Member State of which they are not nationals (OJ L 368, 31.12.1994, p. 38).
Council Directive 96/30/EC of 13 May 1996 amending Directive 94/80/EC laying down detailed
arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by
citizens of the Union residing in a Member State of which they are not nationals (OJ L 122, 22.5.1996,
p. 14).

2

France, which was the last Member State to hold municipal elections organised on the
basis of the Directive. France applied the Directive for the first time to the municipal
elections of 11 and 18 March 2001, starting the one-year period for the Commission to
submit the report by March 2002.

This report complies with that obligation by assessing the application of the Directive
in law and in fact.5 It covers the period from 1 January 1996 to 31 May 2001.

2.

STRUCTURE OF THE REPORT AND SOURCES OF INFORMATION ON APPLICATION

The report starts with a description of the main features of the Directive and an
assessment of its legal implementation. The Commission received the information
concerning transposition into national law when the Member States communicated
their national
implementing measures under Article 14 of the Directive. This
assessment in the first part of the report covers the situation in all Member States.

As regards application in practice, the Directive does not place the Member States
under an explicit obligation to report to the Commission on implementation. However,
the Commission depends on their cooperation in order to be able to assess application
of the Directive and changes in the electorate.

to gather

the necessary information, a questionnaire6 prepared in
Therefore,
cooperation with electoral experts from the Member States was sent to all Member
States in spring 2001, requesting replies by the end of May 2001. The questionnaire
consisted of two sets of questions, one concerning statistics at national and local level
and the other concerning qualitative data on information campaigns and on changes in
the electorate.

Thirteen Member States replied to this request for information: Belgium, Germany,
Greece, Spain,
the Netherlands, Austria, Portugal,
Finland, Sweden and the United Kingdom. No information was received from
Denmark and France. The second part of the report thus examines the practical
application of the Directive in the above-mentioned thirteen Member States.

Italy, Luxembourg,

Ireland,

The questionnaire requested both statistical and qualitative information. The report
contains an assessment based on the statistical information on participation in the
municipal elections. The tables summarising the Member States’ replies are available
at the Internet address

http://europa.eu.int/comm/dgs/justice_home/index_en.htm.

As regards changes in the electorate, the Commission’s assessment in the third part of
the report is based on the information received from the above-mentioned Member
States through the questionnaire.

5

6

See also the 17th recital of the Directive.
See Annex 2.

3

PART I: APPLICATION IN LAW

3.

MAIN FEATURES OF THE DIRECTIVE

The Directive gives substance to the objectives laid down in Article 19(1) of the EC
Treaty. It embodies the following principles:

Non-harmonisation of electoral laws

The Directive does not aim to harmonise the electoral laws of the Member States, but
to abolish the nationality requirement. Most Member States previously made the
exercise of the right to vote and to stand as a candidate in municipal elections subject
to having their nationality.

Freedom of choice

Citizens of the Union are free to choose whether or not to take part in municipal
elections in the Member State in which they reside. Because the Directive recognises
the right to vote in the Member State of residence without substituting it for the right
to vote in the Member State of origin,
the Union citizens can be registered
automatically on the electoral roll in those Member States where voting is not
compulsory.

Equal access to electoral rights

In accordance with the principle of non-discrimination, citizens of the Union have to
enjoy electoral rights under the same conditions as nationals of the Member State
where they reside. That requires, for example, access to the same appeal procedures
with regard to any omissions or errors in the electoral roll or the candidature statement
or the extension of compulsory voting to non-nationals. Similarly, once registered on
the electoral roll, a Union citizen must remain thereon under the same conditions as
nationals, unless he or she asks to be removed. The principle of non-discrimination
also means that citizens of the Union must be able to take part fully in the political life
of the Member State of residence, with special reference to affiliation to existing
political parties or even the founding of new ones.

Information obligation

Citizens of the Union living in a Member State other than their own should learn about
their new rights. The Directive therefore requires the Member State of residence to
inform non-national citizens of the Union “in good time and in an appropriate manner”
of the conditions and detailed arrangements for the exercise of these rights in elections
in that State.

Derogations where justified by a situation specific to a Member State

Article 12 permits the introduction of exceptions to the principle of equal treatment
where this is justified by problems specific to a Member State. A Member State where
the proportion of citizens of the Union of voting age who reside in but are not
nationals of that State exceeds 20% of the total electorate can require a minimum

4

period of residence, both from voters and from candidates, or take measures with
regard to the composition of the lists of candidates, in order to facilitate the integration
of non-nationals and to avoid polarisation between lists of “national” and “non-
national” candidates.

4.

IMPLEMENTATION OF THE DIRECTIVE

4.1.

Communication of national transposition measures

Under Article 14 of the Directive, Member States had to adopt national transposition
measures before 1 January 1996. The same deadline applied to Austria, Finland and
Sweden in accordance with Articles 2 and 168 of the Act of Accession.

Four Member States, Denmark, Ireland, Luxembourg and the United Kingdom,7
adopted a full set of transposition measures within the deadline.

Three Member States, Germany (all the Länder except Bremen), Finland (Continental
Finland) and Austria (Carinthia and Tyrol), partially transposed the Directive within
the deadline.

Subsequently, the Commission initiated infringement proceedings under Article 226 of
the EC Treaty in 1996 against eleven Member States, Belgium, Germany (Bremen),
the Netherlands, Austria (seven Länder), Portugal,
Greece, Spain, France, Italy,
Finland (the Åland Islands) and Sweden,
failure to communicate national
transposition measures.

for

These Member States implemented the Directive and communicated the relevant
measures to the Commission during 1996-99, enabling the infringement proceedings
to be terminated. The cases were closed before referral to the Court of Justice, with the
exception of Belgium, which was found by the Court to have failed to fulfil its
obligations (judgement of 9 July 1998 in Case C-323/97).

Belgium communicated its national transposition measures to the Commission in
1999. Transposition has thus been completed in all the Member States.

The national transposition measures are listed in Annex 1 to the report.

4.2.

Conformity of national legislation

The Commission then assessed compliance of the national transposition measures with
the Directive.

The quality of the national
legislation is satisfactory and the measures are in
conformity with the requirements of the Directive. Only three infringement cases, one
against Greece and two against Germany, have been opened so far for non-conformity
with the Directive.8

7

8

The Directive does not apply to Gibraltar.
The Commission is currently examining certain issues of alleged non-compliance of the French
legislation with the Directive.

5

Most conformity problems that the Commission has discovered relate to registration
on the electoral rolls (necessary documents or maintenance of registration after the
first request). They thus concern the implementation of Article 8(2) or 8(3) of the
Directive. There have also been cases of non-conformity with Articles 3 and 4(1) of
the Directive.

Article 3 – same conditions as for own nationals

Article 3 of the Directive guarantees the right to vote and to stand as a candidate in
municipal elections in the Member State of residence for any person who is a citizen
of the Union and who is not a national of the Member State of residence but in any
event 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.

The Commission found that a number of points of the Greek legislation did not
comply with the Directive. For example, it included the rule that persons are only
entitled to vote if they have knowledge of the Greek language. Such a requirement is
discriminatory and contrary to Article 3 of the Directive. The Commission issued a
reasoned opinion to Greece concerning this non-conformity, after which the problem
was solved by amendments to the national legislation.

Article 4(1) – period of residence

Pursuant to Article 4(1), 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 territory of that State, voters and persons entitled to stand as candidates within the
scope of Article 3 must be deemed to have fulfilled that condition where they have
resided for an equivalent period in other Member States.

Another point of non-conformity in the Greek legislation was a provision that persons
are entitled to vote only if they have been resident in Greece for at least two years.
This is contrary to Article 4 of the Directive, which makes residence in other Member
States equivalent to residence in the territory of State in question. This problem was
also solved by amendments to the national legislation.

Article 8(2) – documents for registration on the electoral roll

In accordance with Article 8(2), a non-national voter has to produce the same
documents as a voter who is a national. Article 8(2) provides further that the Member
State of residence may require a non-national voter to produce a valid identity
document, along with a formal declaration stating his nationality and his address in the
State of residence. This list of documents is to be considered exhaustive.

The Greek legislation requires a non-Greek voter to produce a written declaration that
he or she has not been deprived of the right to vote in the home Member State. No
such declaration concerning possible disqualification from voting in the home Member
State is included to Article 8(2), and should thus not be required. This is confirmed in
the eighth recital of the Directive, which states that it is sufficient if the right to vote is
made subject only to the rules on disqualification from voting of the Member State of

6

residence. Infringement proceedings against Greece on this matter are currently
pending, this being the only infringement case concerning the Directive still open.9

In Germany, the Länder of Saxony and Bavaria required a non-national voter to make
a sworn statement that he or she has been resident in the municipality where he or she
wishes to vote for at least three months without interruption and that his main focus of
life is there. This requirement is excessive, because the German authorities can obtain
information concerning the three-month residence on the basis of the population
register, on which every resident must be entered. The German legislation has since
been amended and the requirement for an additional declaration repealed.

Article 8(3) – staying on electoral roll

Article 8(3) of the Directive provides that non-national voters who have been entered
on the electoral roll in the Member State of residence shall remain thereon, under the
same conditions as voters who are nationals, until such time as they are removed
automatically because they no longer satisfy the requirements for exercising the right
to vote or until they request to be removed from the roll.

The transposing legislation passed by two German Länder, Saxony and Bavaria,
required citizens of the Union resident in Germany to apply for inclusion on the
electoral list before each municipal election, which constitutes a violation of Article
8(3) of the Directive. After infringement proceedings had been initiated, the national
legislation was amended so that non-national citizens of the Union are now entered
automatically on the electoral roll for each municipal election. The problem has thus
been solved.

4.3.

Complaints

The Commission has received only a few complaints during the five years in which
the Directive has been in force. Altogether, they raised less than ten different cases of
possible faulty application of the Directive. None of the complaints has led to
infringement proceedings. The small number of complaints seems to indicate that the
Member States have applied the Directive fairly well.

5.

DEROGATIONS APPLIED

Article 12(1) provides that Member States may, by way of derogation, place certain
restrictions on the right to vote and the right to stand as a candidate, if the proportion
of non-national citizens of the Union of voting age residing in their territory exceeds
20% of the total number of citizens of the Union of voting age there.

Article 12(2) allows Belgium, by way of derogation, to apply the restriction on the
right to vote to a limited number of municipalities.

Article 12(3) allows Member States to refrain from applying Articles 6 to 11 in respect
of non-national citizens of the Union if these have the right to vote for the national

9

The Commission decided to bring an action against Greece before the Court of Justice in 2001 but
submission of the application to the Court has been postponed pending the amendment of the Greek
legislation, which according to the Greek authorities will be finalised in early 2002.

7

parliament and are therefore entered on the electoral roll under the same conditions as
national voters.10

The only Member State that has availed itself of a derogation is Luxembourg, on the
basis of Article 12(1). Luxembourg restricts the right to vote to non-national citizens
of the Union who have resided in its territory for six of the last seven years before
registration. Regarding the right to stand as a candidate, Luxembourg requires non-
national citizens of the Union to have their legal domicile in the territory of
Luxembourg and to have resided there for twelve of the last fifteen years before
submitting the application.

At the time of transposition, there were 28.7% non-national citizens of the Union of
voting age out of the total number of voters in Luxembourg and the derogation was
justified. In 1999 the Commission checked the existence of the situation warranting
the derogation.11 It found that the proportion of non-national voters was 32-34%,
depending on the source, i.e. way above the threshold of 20% laid down by the
Directive. Thus, the circumstances warranting the granting to Luxembourg of the
derogation still applied.

10

11

Declaration No 32 attached to the Act of Accession of Finland referred to possible determination by the
Council of the conditions for applying Article 19(1) (formerly Article 8b(1)) to the special situation of
Åland as far as the right to vote and stand as candidate in the Åland islands is concerned. This was
considered when preparing Directive 96/30/EC amending Directive 94/80/EC but no derogation was
deemed necessary. According to the third recital of Directive 96/30/EC, Directive 94/80/EC is applicable
to the Åland Islands, where Finnish nationals who do not enjoy regional citizenship of those islands and
nationals of the other Member States of the Union are subject to the same condition relating to the period
of residence for the exercise of the right to vote and to stand as candidates in municipal elections.
Commission report to the European Parliament and the Council on granting the derogation provided for
in Article 19(1) of the Treaty, presented under the terms of Article 12(4) of Directive 94/80/EC
(COM(1999)597final).

8

PART II: APPLICATION IN FACT

6.

POTENTIAL VOTERS AND LOCAL ELECTIONS HELD UNDER THE DIRECTIVE

The distribution of non-nationals by citizenship varies considerably between the
Member States. In 2000, 4.7 million citizens of the Union aged over 18 lived in a
Member State other than their own, with a very unequal distribution amongst Member
States: the largest number were in Germany, with over 1.5 million, and France, with
over 1 million.12

Population over 18 years of age in EU countries in the year 200013

Member State Nationals

Non-national
citizens of the
Union

Total population
(including third
country
nationals)

Percentage of
non-national
citizens of the
Union of the total
population (%)

Germany
France
UK
Belgium
Netherlands
Sweden
Spain
Luxembourg
Austria
Ireland
Italy
Denmark
Portugal
Greece
Finland
Grand total

60 601 000
41 812 000
42 870 000
7 387 000
11 612 000
6 566 000
31 365 000
210 000
5 796 000
2 659 000
46 552 000
4 064 000
7 751 000
8 244 000
3 960 000
281 449 000

1 521 000
1 004 000
790 000
456 000
194 000
143 000
133 000
108 000
95 000
76 000
56 000
32 000
26 000
16 000
9 000
4 658 000

65 918 000
44 526 000
44 914 000
8 070 000
12 177 000
6 913 000
31 715 000
333 000
6 303 000
2 763 000
46 921 000
4 189 000
7 888 000
8 464 000
4 007 000
295 101 000

2.5
2.4
1.8
5.8
1.6
2.2
0.4
34.0
1.6
2.8
0.1
0.8
0.3
0.2
0.2
1.6

These 4.7 million people broadly represent the potential number of voters in municipal
elections covered by the Directive, disregarding any possible conditions relating to the
length of residence.

In some Member States, nationals of other Member States were already able to vote in
local elections before the entry into force of the Directive, under certain conditions.
This was the case in Denmark, Spain, Ireland, the Netherlands, Finland and Sweden.
Thus, the number of new voters that received the right to vote and to stand as a
candidate in local elections in their country of residence under the Directive was about
4 million.

12

13

Eurostat, Community Labour Force Survey 2000.
Eurostat, Community Labour Force Survey 2000.

9

The first municipal elections under the Directive were held in 1996 in Germany (the
Länder of Bavaria, Berlin, Hessen and Lower Saxony) and the United Kingdom.
Although Belgium was the last Member State to transpose the Directive, the last one
to apply it in practice was France, where the local elections of March 2001 were the
first ones organised on the basis of the Directive.

Local elections held after the entry into force of the Directive

Member State

Germany

United Kingdom

Italy
Denmark
Portugal
Austria
Netherlands
Sweden
Greece
Ireland
Spain
Luxembourg
Belgium
Finland
France

Date

(several local elections held since 1996 depending on local

(local elections held at Land level; several elections in 16

1996
Länder since 199614)
1996
authority type)
1997 (May), 2001 (13-27 May)
1997 (18 November), 2001 ( 20 November)
1997 (14 December), 2001 (16 December)
1998 (local elections held at Land level; e.g. 1998, 1999, 200015)
1998 (March)
1998 (20 September)
1998 (11 October)
1999 (11 June)
1999 (13 June)
1999 (October)
2000 (9 October)
2000 (22 October)
2001 (11-18 March)

There is no comprehensive information available concerning the general turnout in the
local elections in all Member States. The turnout varied between 88% in Spain (1999
elections), 75% in Sweden (1998 elections), 60% in Netherlands (1998 elections),
56% in Finland (2000 elections) and 34% in the United Kingdom (1996 elections).
This gives some indication of the general political participation at local level.

There are more than 85 000 municipalities in the Member States of the European
Union.16 The report will analyse the application of the Directive in municipal elections
in thirteen Member States, as explained above in Section 2. The questionnaire
concerned firstly the results of the municipal elections compiled at national level.
Second, it requested information on the ten municipalities with the highest percentage
of non-national citizens of the Union of voting age, the idea being that this gives an
example of the local circumstances. Indeed, given the considerable number of
municipalities, it was not possible to analyse the data for all municipalities. The
limited to ten
Commission considers that, even if

information is

the local

14

15

16

E.g. Baden-Württemberg 1999, Bavaria 1996, Berlin 1996, Bremen 1999, Hamburg 1997, Hessen 1996,
Lower Saxony 1996 and 2001, North Rhine-Westphalia 1999, Rhineland-Palatinate 1999, Saarland 1999,
Saxony 1999, Schleswig-Holstein 1998.
Tyrol 1998, Salzburg 1999, Vorarlberg 2000
Eurostat, NUTS, Correspondence between the NUTS levels and the national administrative units (the
NUTS levels compared to basic local government units listed in the Annex to the Directive).

10

municipalities for each Member State, it gives indications of the general situation and
is useful for assessing the application of the Directive.

This report contains a qualitative assessment of the statistical data on participation in
the municipal elections. The detailed tables presenting the replies of the thirteen
Member States, including for example the breakdown of voters by Member State for
each Member State and voting in the ten municipalities of each Member State, are
available at the Internet address

http://europa.eu.int/comm/dgs/justice_home/index_en.htm.

7.

PARTICIPATION IN MUNICIPAL ELECTIONS BY NON-NATIONAL CITIZENS OF THE
UNION IN THEIR MEMBER STATE OF RESIDENCE

7.1.

Right to vote: summary at national level

Non-national citizens of the Union have to apply to be entered on the electoral roll in
Belgium, Greece, Spain, Ireland, Italy, Luxembourg, Austria, Portugal and the United
Kingdom. The proportion of non-national Union citizens registered to vote in their
Member State in residence in local elections is presented in the table below.

In Germany, the Netherlands, Finland and Sweden, all residents,
national citizens of the Union, are entered on the electoral roll automatically.

including non-

Proportion of non-national citizens of the Union registered to vote
in their Member State of residence (%)

B

D

EL

E

IRL

I

L

NL A

P

FIN S

UK

17.8

all*

9.5

24.4

52.3

19.2

12.4

all*

54.2

9.8

all*

all*

41.1

* registered automatically

The table shows that the proportion of non-national citizens of the Union entered on
the electoral roll varies greatly from country to country, disregarding the cases where
voters are registered automatically. The average of the nine Member States requiring
registration at the voter’s initiative was 26.7%. Greece and Portugal had the lowest
rate of registration, and also Luxembourg was well below average.

No comprehensive figures are available on how many non-national Union citizens
actually turned out to vote. Only Finland reported the actual turnout of non-national
citizens of the Union, which was 30.2% at national level.

In Germany no information exists at national
the German authorities
submitted some information on individual examples of the turnout: the turnout of non-
national Union citizens was for example 21.5% in local elections in Stuttgart (1996),
12–36% in Bavaria (1996), 23% in Hamburg (1997), 17.5% in Berlin (1999), 16.9% in
Bremen (1999) and 11% in Saarbrücken (2001).

level, but

Sweden reported that no precise information on turnout was available, but the Swedish
authorities were able also to give some individual examples based on electoral polls.

11

According to this information, the turnout of Danish citizens was 38%, of Finnish
citizens 35%, of UK citizens 39% and of German citizens 49% .

Since it can be assumed that a great majority of the citizens applying for registration
also intend to vote in practice, the above-mentioned percentages of non-national
citizens registered give a fairly accurate picture of participation. This is especially true
for Belgium and Greece, where voting is compulsory if the Union citizen has been
entered on the electoral rolls.

It can be concluded that the participation of non-national citizens of the Union in local
elections in their Member State of residence was in general quite low. Only in two
Member States, Ireland and Austria, were half of the non-national citizens entered on
the electoral roll. The reason for the good Irish situation is probably the fact that non-
nationals residing in Ireland have been able to vote there in all elections since 1963.
The participation was strikingly weak in Greece, Portugal and Luxembourg, where the
rate of registration was only around 10%.

7.2.

Right to vote in ten municipalities

The information that the Member States were able to provide regarding voting in the
ten municipalities with the highest percentage of non-national citizens of the Union of
voting age varies greatly.

It is too incomplete to give any description of the situation in Belgium, Greece,
Ireland, the Netherlands or the United Kingdom. In Germany and Sweden, all citizens
of the Union are entered on the electoral rolls automatically. However, there is no
information on actual turnout.

In Spain registration varied from 5% to 50% in the ten municipalities. Local variations
are therefore significant. In Italy the level varied between 6% and 40% and in
Luxembourg between 12% and 69%. Compared to these, the registration level of the
is very low, as the percentage of Union citizens
ten municipalities in Portugal
registered was between 0% and 1.7%

In Austria many of the ten municipalities chosen according to the proportion of non-
national voters were very small municipalities, with only a few hundred or a few
thousand inhabitants. The proportion of those registered therefore varied most, being
between 1.5% and 100%.

In Finland the ten municipalities were also small, with only a few thousand
inhabitants. The actual turnout was 31-76%.

We can therefore summarise the situation by stating that participation in the local
elections fluctuated widely depending on the local circumstances.

7.3.

Standing as a candidate: summary at national level

Member States were seldom able to provide information regarding the number of non-
national citizens of the Union standing as a candidate in municipal elections.

Numbers are available only for

12

Finland: 65 candidates
Sweden: 1829 candidates
Luxembourg: 138 candidates

There were non-national candidates also in Spain, the Netherlands, Portugal, Germany
and Austria, but no exact numbers are known.

Regarding non-national citizens of the Union who were elected to the local councils,
numbers are available for

Spain: 30 non-national Union citizens elected
Netherlands: 2 elected
Portugal: 3 elected
Finland: 5 elected
Sweden: 408 elected

In addition, there is partial information from

Germany: 319 elected in nine Länder, no information available from seven Länder
Austria: 20 elected in seven Länder, no information available from two Länder.

There were thus non-national citizens of the Union standing as a candidate in several
Member States, but there is no way of telling whether this was the case in every
least, some non-nationals stood as a
Member State. In eight Member States at
candidate and in seven Member States, some non-national candidates were also
successfully elected.

7.4.

Standing as a candidate in ten municipalities

In general, the number of candidates depends on the size of the municipality and
consequently on how many members there are in the municipal council.

In Belgium there were between 0 and 25 non-national citizens of the Union standing
as a candidate in each of ten municipalities. In Germany the number was 0-21
candidates.

In Italy candidates were fewer, as there were altogether 5 candidates in ten
municipalities, between 0 and 2 per municipality. The situation in the Luxembourg
municipalities is very similar, as there were between 0 and 5 non-national candidates
per municipality.

In Austria there were between 0 and 6 candidates per municipality, altogether 13 non-
national candidates in ten municipalities, of whom 6 were elected. Locally, the results
were very good, as 4 out of 5 were elected. All of the municipalities were quite small
(less than 4000 inhabitants), the smallest having 100-200 citizens of voting age. The
Finnish situation is similar to the Austrian one, because the municipalities in question
were small. There were 5 non-national candidates (2 Germans and 3 Swedes), none of
whom was elected. The candidates were concentrated in two out of ten municipalities.

No information was received from Greece, Spain, Ireland, the Netherlands, Portugal,
Sweden or the United Kingdom concerning the ten municipalities.

13

8.

INFORMATION CAMPAIGNS

The municipal elections covered by this report were the first in which non-national
citizens of the Union could take part in their Member State of residence in accordance
with the provisions of the Directive. There is no doubt that an enormous information
effort was required if the rights conferred - by virtue of Union citizenship - on those
four million Europeans of voting age living in another Member State were to be
exercised. These citizens were possibly unfamiliar not only with their rights, but also
with how to go about availing themselves of those rights in their Member State of
residence. It is particularly important to know how to be entered on the electoral roll in
due time. The relevant procedures might well have differed from those in their
Member State of origin.

The table in Annex 3 to the report shows the type of information campaign conducted
in each Member State and the percentage of non-national citizens of the Union entered
on the electoral roll. Generally, it can be stated that because the management of
the
municipal elections is usually the responsibility of
information campaigns were often also conducted at
the
measures and instruments used varied greatly also within a particular Member State.
Because of the local nature of information campaigns, it is difficult to evaluate their
full scope.

the local authorities,
level. Therefore,
local

Under Article 11 of the Directive, Member States must inform non-national voters and
persons 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.

As regards the concept of conveying information “in an appropriate manner”, the
Commission has stated on several occasions that the only obligation incumbent on
Member States is to inform residents in an appropriate manner, whereas the choice of
the way in which this information is provided is left entirely to the discretion of the
Member States themselves.17 While Member States are clearly given a broad margin
of discretion, information must nonetheless be provided having due regard to the aims
of the Article and in line with the stated objectives of the Directive.

The Commission considers that Member States must specifically inform the Union
citizens residing on their territory of the detailed arrangements and conditions for
exercising their electoral rights. This means that a Member State cannot fulfil its
obligation under Article 11 merely by providing the information it normally provides
for its own nationals. The information must therefore be tailored to meet the specific
information requirements of those electors.

The Commission also feels that, in assessing whether this provision of the Directive is
properly applied, account must be taken of the practical results of the provision of
information and its effects on the participation of Union citizens in municipal
elections. Here a case-by-case approach is most appropriate, rather than setting general
criteria or thresholds for participation.

17

The Commission stressed this most recently in its communication on the application of Directive
93/109/EC (COM(2000)843 final). That Directive includes a provision identical to Article 11 of the
Directive, and the Commission considers that these should be interpreted in the same way.

14

The Commission welcomes the fact that nine Member States report that at least some
to potential electors (Belgium,
information direct
of the local authorities sent
Germany, Spain, Ireland, Italy, Luxembourg, Austria, Finland and Sweden). The
Commission believes in the effectiveness of this type of information. It is noticeable
that the two Member States with the lowest rate of registration of Union citizens,
Greece and Portugal, do not make any reference to the use of personal letters in their
local campaigns. The lack of personal contact may be one of the reasons for a low
registration rate.

The Commission considers that the Member States where the registration rate is low
should implement specific information measures, which might
include sending
personalised information by post or providing citizens of the Union with appropriate
information whenever they have contact with the local authorities.

The Commission considers that a very low participation rate well below the Union
average is an indication of inappropriate provision of information and could result in
the Member State in question being held responsible for incorrect application of
Article 11 of the Directive, possibly giving rise to proceedings under Article 226 of
the EC Treaty.

When asked by the questionnaire, all the Member States themselves considered that
the information campaign had been sufficient and adequate.

15

PART III: CHANGES IN THE ELECTORATE

9.

CHANGES IN THE ELECTORATE

Article 13 of the Directive requires the Commission to assess whether any changes
have taken place in the electorate since the entry into force of the Directive. When the
Directive was adopted, the Commission entered in the minutes a statement concerning
Article 13, stressing that it would pay particular attention to any changes in the
electorate following the entry into force of the Directive, which could create specific
problems for certain Member States. The Council noted this in its own statement in the
minutes.

In addition, the Greek delegation entered the following statement in the minutes: “In
view of its geographical position, Greece attaches particular importance to the report
that the Commission will be drawing up pursuant to Article 13. It expects that the
Commission, bearing in mind changes in the electorate in the Member States, will
assess the specific problems they may well face following the entry into force of the
Directive.”

The questionnaire sent to the Member States contained a specific question concerning
changes in the electorate. The replies are listed in Annex 4 to the report.

Twelve out of thirteen Member States that replied consider that there have been no
significant changes in the electorate in general. As the German authorities report,
because the number of non-national voters varies a great deal locally and regionally
the entry into force of the Directive has had a very different impact in the different
municipalities.

This is supported by the information from the ten municipalities in each Member
State: it can be seen that locally the changes in the electorate may well be considered
significant.

For example in Belgium, when compared with the previous local elections, there was
an increase in the electorate of 2-20%, on average 9.7%, in ten municipalities, which is
rather high. Comparing the last two elections in Spain, the increase in the electorate in
ten municipalities was 21–35% and on average 29.3%, which indicates that locally the
change in the electorate has been really significant.

Taking the information on the ten local councils with most non-nationals in the
electorate in Ireland (years 1991–99), it can be concluded that locally the increase in
the non-national electorate has been significantly higher than in the electorate in
general: the general electorate increased in total by between 0.6% and 20.1%, on
average 10.8%, but the number of non-nationals registered increased by 23.8–58.7%,
on average 45.5%. Although non-nationals have been able to vote in Ireland since
1963, there was locally a significant increase in the number of registered non-national
voters in the period when the Directive was implemented. This may be due to the
specific information campaigns.

However, the results were quite different in the Netherlands, where citizens of the
Union were also entitled to vote in the elections even before the Directive, although

16

under somewhat different conditions. In ten municipalities,
the increase in the
electorate (1994 and 1998) varied greatly, by between 0% and 11%, the average being
2.5%, which is not significant.

Naturally, there is no way of knowing for certain the extent to which the local increase
in the electorate in the above examples is finally due to granting non-nationals the
right to vote.

Spain was the only Member State to report a significant increase (of 6%) in the
electorate, which was partly due to the 93% increase in the registration of non-national
voters. However, even in Spain, there have been no specific problems because of
changes in the electorate.

It can thus be concluded that no specific problems have arisen in the Member States in
connection with a possible increase in the electorate. Consequently, the Commission
does not consider it necessary to propose any adjustments in this context.

10.

CONCLUSIONS

As regards legal application, all the Member States have transposed the Directive and
there are only a few problems of non-compliance. Thus, the implementation of the
Directive has successfully served as a legal basis for extending the right to vote and to
stand as a candidate in municipal elections to cover a further four million citizens of
the Union. Legal implementation can be considered satisfactory and does not call for
any changes to the Directive. This is borne out by the fact that the number of
complaints concerning the application of the Directive has been low.

Application in practice has not been so successful, since the proportion of non-national
citizens of the Union entered on the electoral rolls is in general rather low in the
thirteen Member States covered by the report. The Commission is specifically
concerned about the situation in Greece and Portugal. However, the Commission does
not consider that this would necessitate new legislative measures, but improvements
can be achieved by applying the requirements of the existing Directive correctly and
efficiently, with special reference to appropriate and sufficient information campaigns.
In order to improve the awareness of non-national citizens of the Union concerning
their political rights, the Commission recommends sending personalised information
by post or providing Union citizens with appropriate information whenever they have
contact with the local authorities.

Thirdly, it can be concluded that no specific problems have arisen in the Member
States in connection with a slight
the
Commission does not consider it necessary to propose any adjustments in this context.

increase in the electorate. Consequently,

17

ANNEX 1: National transposition measures

Member
State

Belgium

National transposition measures communicated
to the Commission under Article 14

Date of adoption

Loi du 27 janvier 1999 modifiant la loi du 19 octobre 1921 organique des élections provinciales, la
nouvelle loi communale et la loi électorale communale, et portant exécution de la directive du
Conseil de l’Union européenne n° 94/80/CE du 19 décembre 1994.

27 January 1999

Denmark

Lov nr. 208 af 29/03/95

Germany

Baden-
Württemberg

1. Gesetz über die Teilnahme von Unionsbürgern an kommunalen Wahlen und Abstimmungen vom
13. November 1995 (GBl. S. 761)
2: Verordnung des Innenministeriums zur Änderung der Kommunalwahlordnung vom 27. November
1995 (GBL. S. 784).

Bavaria 1. Gemeinde- und Landkreiswahlgesetz

2. Gemeinde- und Landkreiswahlordnung

29 March 1995

13 November 1995

26 June 1995

Berlin 1. Gesetz über die Wahlen zum Abgeordnetenhaus und zu den Bezirksverordnetenversammlungen
(Landeswahlgesetz) vom 25. September 1987 (GVBl. S. 2370), zuletzt geändert durch das Gesetz
vom 3. Juli 1995 (GVBl. S. 400).
2. Wahlordnung für die Wahlen zum Abgeordnetenhaus und zu der Bezirksverordneten-
versammlungen (Landeswahlordnung) vom 8. Februar 1988 (GVBl. S. 373), zuletzt geändert durch
Verordnung vom 10. August 1995 (GVBl. S. 540).

--

Brandenburg 1. Gesetz zur Änderung des Brandenburgischen Kommunalwahlgesetzes zur Umsetzung der
Richtlinie 94/80/EG des Rates vom 19. Dezember 1994, und zur Änderung des
Landesbeamtengesetzes vom 14. Dezember 1995 ( GVBl. I S. 274) und die Verordnung zur
Änderung der Brandenburgischen Kommunalwahlverordnung vom 18. Dezember 1995 (GVBl. I S.
738).

14 December 1995

18

Bremen Gesetz zur Umsetzung der Richtlinie des Rates 94/80/EG vom 19. Dezember 1994 und 96/30/EG

1 October 1996

vom 13. Mai 1996 über die Einzelheiten der Ausübung des aktiven und passiven Wahlrechts bei den
Kommunalwahlen für Unionsbürger mit Wohnsitz in einem Mitgliedstaat, dessen
Staatsangehörigkeit sie nicht besitzen vom 1. Oktober 1996 (Brem. GBI. S. 303, 319).

Hamburg Gesetz vom 5. Dezember 1995 (Hamburgisches Gesetz- und Verordnungsblatt S. 353).

5 December 1995

Hessen 1. Gesetz zur Einführung des Kommunalwahlrechts für Unionsbürgerinnen und Unionsbürger vom

12 September 1995

12. September 1995 (GVBl.1 S. 462)
2. Vierte Verordnung zur Änderung der Kommunalwahlordnung vom 8. November 1995 (GVBl. 1
S. 522).

8 November 1995

Mecklenburg-
Western
Pomerania

1. Erstes Gesetz zur Änderung wahlrechtlicher Vorschriften (1. WRÄndG) vom 18. Dezember 1995
(GVBl. M-V S. 651) – ändert Kommunalwahlgesetz für das Land Mecklenburg-Vorpommern vom
26. November 1993 (GVBl. M-V S.938),
2. Gesetz zur Änderung Kommunalverfassungsrechtlicher Vorschriften und zur Einführung der
direken Wahl der Bürgermeister und Landräte vom 26. November 1997 (GVOB1 M-V S. 694),
3. Erste Verordnung zur Änderung der Kommunalwahlordnung (1. KWO-ÄVO) vom 20. Dezember
1995 (GVOBl. M-V S. 675) – ändert Kommunalwahlordnung für das Land Mecklenburg-
Vorpommern vom 25. Januar 1994 (GVOBl. M-V S. 33).

18 December 1995

20 December 1995

26 November 1997

Lower Saxony Gesetz zur Einführung des aktiven und passiven Wahlrechts bei den Kommunalwahlen für

20 November 1995

nichtdeutsche Staatsangehörige von Mitgliedstaaten der Europäischen Union und zur Herabsetzung
der Altersgrenze für das aktive Wahlrecht bei Kommunalwahlen vom 20. November 1995.

North Rhine-
Westphalia

1. Gesetz zur Einführung des Kommunalwahlrechts für Unionsbürger/innen vom 12. Dezember 1995
(GV. NW. S. 1198)
2. Verordnung zur Änderung der Kommunalwahlordnung vom 19.Dezember 1995 (GV.NW.S.1262);

12 December 1995

19 December 1995

19

Rhineland-
Palatinate

1. 33. Landesgesetz zur Änderung der Verfassung für Rheinland-Pfalz vom 12. Oktober 1995 (GVBl.
S. 405),
2. Zweite Landesgesetz zur Änderung kommunalrechtlicher Vorschriften vom 22. Dezember 1995
(GVBl. S. 521),
3. Fünfte Landesverordnung zur Änderung der Kommunalwahlordnung vom 22. Dezember 1995
(GVBl. S. 27).

12 October 1995

22 December 1995

Saarland 1. Gesetz zur Änderung des Kommunalwahlrechts vom 27. September 1995 (Amtsbl. S. 990)

2. Verordnung zur Änderung der Kommunalwahlordnung vom 6. Oktober 1995 (Amtsbl. S. 1010).

27 September 1995
6 October 1995

Saxony 1. Gemeindeordnung für den Freistaat Sachsen – SächsGemO vom 21.04 1993 (SächsGVBl. S.

20 February 1997

310,445), zuletzt geändert durch Gesetz vom 10.12.1998 (SächsGVBl. S. 662);
2. Landkreisordnung für den Freistaat Sachsen – SächsLKrO vom 19.07.1993 (SächsGVBl. S. 577),
zuletzt geändert durch Gesetz vom 20.02.1997 (SächsGVBl. S. 105);
3. Gesetz über die Kommunalwahlen im Freistaat Sachsen (Kommunalwahlgesetz - KomWG) vom
18.10.1993 (SächsGVBl. S. 937), zuletzt geändert durch Gesetz vom 10.12.1998 (SächsGVBl. S.
604);
4. Verordnung des Sächsischen Staatsministeriums des Innern zur Durchführung des Gesetzes über
die Kommunalwahlen im Freistaat Sachsen (Kommunalwahlordnung - KomWO) vom 13.12.1993
(SächsGVBl. 1994, S. 21), zuletzt geändert durch Verordnung vom 10.02.1999 (SächsGVBl. S. 62).

10 October 1998

10 December 1998

10 February 1999

Saxony-Anhalt 1. Gesetz über das Kommunalwahlrecht für nichtdeutsche Unionsbürger vom 6.11.1995 (GVBl. S.

6 November 1995

314),
2. Zweite Verordnung zur Änderung der Kommunalwahlordnung für das Land Sachsen-Anhalt vom
5.12.1995 (GVBl. S. 383)
3. Gesetz vom 25. Juli 1997 zur Herabsenkung des Wahlalters zur aktiven Teilnahme an
Kommunalwahlen.

5 December 1995

25 July 1997

20

Schleswig-
Holstein

1. Gesetz zur Änderung des Gemeinde- und Kreiswahlgesetzes vom 8. Dezember 1995 (GVOBI.
Schl.-H. S. 480),
2. Landesverordnung zur Änderung der Gemeinde- und Kreiswahlordnung vom 22. Dezember 1995
(GVOBI. Schl.-H. 1996 S. 19).
3. Gesetz über die Wahlen in den Gemeinden und Kreisen in Schleswig-Holstein (Gemeinde- und
Kreiswahlgesetz –GKWG-) in der Fassung vom 19.03.1997 (GVBl.SH S. 152)
4. Landesverordnung über die Wahlen in den Gemeinden und Kreisen in Schleswig-Holstein
(Gemeinde- und Kreiswahlordnung – GKWO) vom 19. März 1997 (GVOBl. Schl.-H. S. 167).

8 December 1995

22 December 1995

19 March 1997

Thuringia 1. Thüringer Gesetz über die Wahlen in den Landkreisen und Gemeinden (Thüringer

12 December 1995

Greece

Spain

France

Kommunalwahlgesetz – ThürKWG) vom 16. August 1993 (GVBl. S. 530), geändert durch das
Gesetz vom 25. März 1994 (GVBl. S. 358)
2. Zweite Verordnung zur Änderung der Kommunalwahlordnung vom 12. Dezember 1995 (GVBl.
S. 420).
Προεδρικό ∆ιάταγµα υπ
΄Ασκηση του
δικαιώµατος του εκλέγειν και εκλέγεσθαι κατά τις ∆ηµοτικές και Κοινοτικές εκλογές από πολίτες
σε
της Ευρωπαϊκής ΄Ενωσης που κατοικούν στην Ελλάδα και δεν είναι Έλληνες πολίτες
συµµόρφωση προς την
της
Α΄

ΕΚ Οδηγία του Συµβουλίου της Ευρωπαϊκής Ένωσης
ΦΕΚ Α΄

Τροποποίηση του Π

,
(L 368

133/1997 «

. 164,

αριθ

σελ

της

τος

∆

’

/

.

94/80/
121)»,

145

ης Ιουλίου
8

1997.

31.12.1994,

. 38) (

Ley Orgánica número 1/97 de 30/05/1997, de modificación de la Ley Orgánica del Régimen
Electoral General para la transposición de la Directiva 94/80/CE, de Elecciones Municipales,
Boletín Oficial del Estado número 130 de 31/05/1997 Página 16828 (Marginal 11653)

Loi organique n° 98/404 du 25/05/1998 déterminant les conditions d'application de l'article 88-3 de
la Constitution relatif à l'exercice par les citoyens de l'Union européenne résidant en France, autres
que les ressortissants français, du droit de vote et d'éligibilité aux élections municipales, et portant
transposition de la directive 94/80/CE du 19/12/1994, Journal Officiel du 26/05/1998 Page 7975

8 July 1997

30 May 1997

25 May 1998

Ireland

The Local Elections Regulations, 1995, Statutory Instruments number 297 of 1995

1995

21

Italy

Luxembourg

Decreto legislativo del 12/04/1996 n. 197, attuazione della direttiva 94/80/CE concernente le
modalità di esercizio del diritto di voto e di eliggibilità alle elezioni comunali per i cittadini
dell'Unione europea che risiedono in uno Stato membro di cui non hanno la cittadinanza, Gazzetta
Ufficiale - Serie generale - del 15/04/1996 n. 88 pag. 7

12 April 1996

1. Loi du 28/09/1995 fixant les modalités de participation aux élections communales des citoyens
non luxembourgeois de l Union Européenne et modifiant 1) la loi électorale modifiée du 31/07/1924
2) la loi communale modifiée du 13/12/1988, Mémorial Grand-Ducal A Numéro 101 du 28/12/1995
Page 2551
2. Loi du 28/12/1995 modifiant la loi communale du 13/12/1988, Mémorial Grand-Ducal A Numéro
101 du 28/12/1995 Page 2553

28 September 1995

28 December 1995

Netherlands

Wet van 03/07/1996, houdende wijziging van de Kieswet en de Gemeentewet ter uitvoering van
richtlijn nr. 94/80/EG van de Raad van de Europese Gemeenschappen van 19/12/1994 tot
vaststelling van de wijze van uitoefening van het actieve en passieve kiesrecht bij
gemeenteraadsverkiezingen ten behoeve van burgers van de Unie die verblijven in een Lid-Staat
waarvan zij de nationaliteit niet bezitten, Staatsblad nummer 392 van 16/07/1996 bladzijde 1

Austria

Burgenland

1. Landesverfassungsgesetz vom 17/4/1997, mit dem die Burgenländische Gemeindeordnung
geändert wird (Gemeindeordnungsnovelle 1997)
2. Gesetz vom 17/4/1997, mit dem die Gemeindewahlordnung 1992 geändert wird
(Gemeindewahlordnungsnovelle 1997)
3. Landesverfassungsgesetz vom 17/4/1997, mit dem das Eisenstädter Stadtrecht geändert wird
(Eisenstädter Stadtrechtsnovelle 1997)
4. Landesverfassungsgesetz vom 17/4/1997, mit dem das Ruster Stadtrecht geändert wirdt (Ruster
Stadtrechtsnovelle 1997)

3 July 1996

17 April 1997

22

Carinthia 1. Allgemeine Gemeindeordnung 1993 - AGO, LGBl. 1993/77 (Änderung zur Umsetzung der

14 December 1995

Richtlinien: LGBl. 1996/21);
2. Klagenfurter Stadtrecht 1993 - K-KStR, LGBl. 1993/112 (Änderung zur Umsetzung der
Richtlinien: LGBl. 1996/23);
3. Villacher Stadtrecht 1993 - K-VStR, LGBl. 1993/118 (Änderung zur Umsetzung der Richtlinien:
LGBl. 1996/22);
4. Gemeinderats- und Bürgermeisterwahlordnung - K-GBWO, LGBl. 1991/9 (Änderung zur
Umsetzung der Richtlinien: LGBl. 1996/20);
5. Landesverfassungsgesetz über die Direktwahl der Bürgermeister - K-BDW-VG, LGBl. 1994/74
(Änderung zur Umsetzung der Richtlinien: LGBl. 1996/19).
6. Gesetz vom 3/12/1999 mit dem die Gemeinderats- und Bürgermeisterwahlordnung geändert wird

Lower Austria 1. NÖ Gemeindeordnung 1973 – NÖ GO 1973, LGBl. 1000-0 (letzte Änderung: LGBl. 1000-9);

7 October 1999

2. NÖ Gemeinderatswahlordnung 1994 - NÖ GROW 1994, LGBl. 0350-0 (letzte Änderung: LGBl.
0350-1);
3. NÖ Landesbürgerevidenzengesetz, LGBl. 0050-0 (letzte Änderung: LGBl. 0050-2).

Upper Austria Gesetz zur Änderung des Brandenburgischen Kommunalwahlgesetzes zur Umsetzung der Richtlinie

4 July 1996

94/80/EG des Rates vom 19. Dezember 1994, und zur Änderung des Landesbeamtengesetzes vom
14. Dezember 1996 ( GVBl. I S. 274) und die Verordnung zur Änderung der Brandenburgischen
Kommunalwahlverordnung vom 18. Dezember 1995 (GVBl. I S. 738).

Salzburg 1. Salzburger Gemeindewahlordnung 1974 letzte Änderung LGBl. Nr. 1997/79

--

2. Salzburger Gemeindeordnung 1994, letzte Änderung LGBI Nr. 1997/38
3. Salzburger Stadtrecht 1966, letzte Änderung LGBl. Nr. 1997/16.

23

Styria 1. Gemeindewahlordnung 1960, LGBl. 1960/6 (Änderung zur Umsetzung der Richtlinien: LGBl.

30 June 1997

1997/43 - GWO);
2. Gemeindewahlordnung Graz 1992, LGBl. 1992/42 (Änderung zur Umsetzung der Richtlinien:
LGBl. 1997/44 – GWO-G);
3. Gemeindeordnung 1967, LGBl. 1967/115 (Änderung zur Umsetzung der Richtlinien: LGBl.
1997/4);
4. Statut der Landeshauptstadt Graz, LGBl. 1967/130 (Änderung zur Umsetzung der Richtlinien:
LGBl. 1997/42).

Tyrol 1. Tiroler Gemeindewahlordnung 1994 (TGWO 1994), LGBl. 1994/88 (letzte Änderung: LGBl.

11 October 1995

1995/94);
2. Innsbrucker Wahlordnung 1975 (IWO 1975), LGBl. 1975/54 (letzte Änderung: LGBl. 1995/95);
3. Tiroler Landesordnung 1989, LGBl. 1988/61 (letzte Änderung: LGBl. 1995/36).

Vienna 1. Wiener Gemeindewahlordnung 1996 (GWO 1996), LGBl. 1996/16, idF LGBl 1996/31

28 March 1996

2. Wiener Stadtverfassung (WStV), LGBl. 1968/28 (Änderung zur Umsetzung der Richtlinien:
LGBl. 1996/16), idF LGBl 1997/41.

Vorarlberg 1. Landesverfassung, LGBl. 1984/30 (entsprechende Änderung: LGBl. 1997/64);

7 August 1997

2. Gemeindewahlgesetz, LGBl. 1979/31 (entsprechende Änderung: LGBl. 1997/67);
3. Gemeindegesetz, LGBl. 1985/40 (entsprechende Änderung: LGBl. 1997/69).
4. Wählerkarteigesetz, LGBl. 1987/57 (entsprechende Änderung: LGBl. 1997/68).

Portugal

Lei n° 50/96 de 04/09/1996. Altera a Lei n° 69/78, de 3 de Novembro (Lei do Recenseamento
Eleitoral), e o Decreto-Lei n° 701-B/76, de 29 de Setembro (Lei Eleitoral dos Órgãos das
Autarquias Locais), Diário da República I Série A n° 205, de 04/09/1996, Página 2946.

4 September 1996

24

Finland

1. Kuntalaki (365/95) 17/03/1995
2. Laki Suomen Hallitusmuodon muuttamisesta (969/95), 17/07/1995
3. Laki Suomen Hallitusmuodon 11 §:n muuttamisesta (1641/95), 22/12/1995
4. Laki kuntalain 10 ja 26 §:n muuttamisesta (1647/95), 22/12/1995
5. Laki kunnallisvaalilain muuttamisesta (1648/95), 22/12/1995
6. Laki neuvoa-antavissa kunnallisissa kansanäänestyksissä noudatettavasta menettelystä (1649/95),
22/12/1995
7. Landskapslag om rösträtt och valbarhet I kommunalval för personer som saknar åländsk
hembygdsrätt, 02/05/1997
8. Landskapslag om rösträtt och valbarhet i kommunalval för personer som saknar åländsk
hembygdsrätt (63/97) 14/08/1997, Ålands författningssamling

March
Between
1995
and August
1997 (Åland Islands)

Sweden

Vallag utfärdad den 17 april 1997 – SFS 1997 :157

United
Kingdom

The Local Government Elections (Changes to the Franchise and Qualification of Members)
Regulations 1995

17 April 1997

23 July 1995

25

Annex 2: Municipal elections: Questionnaire

Statistical data

A.

1.
1.1

1.1.1
1.2

1.2.1
1.3

1.3.1
1.4
1.5
2.
2.1

2.2

National statistics
Total number of non-national Community citizens of voting age resident in your
Member State?
Breakdown by Member State?
Total number of non-national Community citizens entered on the electoral roll in
your Member State?
Breakdown by Member State?
If Union citizens are automatically enrolled on the electoral rolls in your Member
State, number of non-nationals who voted?
Breakdown by Member State?
Number of non-nationals standing?
Number of non-nationals elected?
Local statistics
Which are the ten (10) municipalities with the highest percentage of non-national
Union citizens of voting age?
For each of these ten municipalities, please give the following information for the
last municipal election before the Directive entered into force and next elections:
Total number of voters?
Total number of votes cast?
Number of citizens of voting age?

Total number of non-national Community citizens entered on the electoral roll?

2.2.1
2.2.2
2.2.3
2.2.3.1 Breakdown by Member State?
2.2.4
2.2.4.1 Breakdown by Member State?
2.2.5

If Union citizens are automatically enrolled in the electoral rolls in your Member
States, number of non-nationals who voted?

2.2.5.1 Breakdown by Member State?
Result of the elections?
2.2.6
Number of non-nationals standing?
2.2.7
Number of non-nationals elected?
2.2.8

B.

1.
1.1

1.2
2.
2.1
2.2

Qualitative data

Information
Please give the details of the measures taken to inform EU citizens of their right to
vote and stand as candidates and of how to go about exercising it.
Do you consider the information campaign adequate?
Changes in electorate
Did the application of Directive 94/80/EC significantly modify the electorate?
Did the application of the Directive modify the political composition of elected
bodies in these municipalities?

26

Member
State

Belgium

ANNEX 3: Information campaign

Description of the information campaign

Announcements were published in daily newspapers. An information leaflet was distributed widely via
municipal administrations and post offices. The leaflet was also sent to municipal authorities so that they were
able to forward it individually to all non-national citizens of the Union. Leaflets were also distributed in the
European schools. An Internet site on elections was created and there were TV spots on several national and
regional channels.

Proportion of non-
national citizens of
the Union entered
on electoral roll

17.8%

Germany

All voters registered on the electoral rolls receive a personal notification about three weeks before the election
day. This applies also to the non-national voters who have been registered automatically. Otherwise, the
municipalities inform the voters through an official announcement. There were also local campaigns:

(all registered
automatically)

Baden-Württenberg: Municipalities distributed a multi-language leaflet prepared in cooperation with the
Ombudsman for Foreigners.

Bavaria: There was a special announcement on conditions for voting. An information leaflet was distributed
via schools, consulates, authorities, associations and promoters of civic awareness.

Berlin: A letter was sent in two languages (German/mother tongue) to non-national voters. The Electoral
Authority informed the media through press releases, press conferences and the Internet.

Brandenburg: Distribution of leaflets, Internet.

Hamburg: The Electoral Authority informed the media by press releases and through an information leaflet in
11 languages.

Hessen: There was a large-scale general information campaign concerning the new Act on citizen participation
using the media (radio, television, newspapers, cinema, leaflets sent to all voters and Internet). An info-flyer

27

was prepared in English, Greek, Italian and Spanish especially for non-national voters. Information was
provided on the Internet.

Mecklenburg-Western Pomerania: Announcement in official gazette and information in local press.

Lower Saxony: The Electoral Authority prepared an information leaflet in 11 Union languages, which was
available at the municipalities, election management bodies and the press centre. It was also posted on notice
boards in public buildings. There were press releases and an Internet site.

North Rhine-Westphalia: Press releases, Internet.

Rhineland-Palatinate: Information was provided in Union languages. Several information seminars and public
meetings were organised.

Saarland: Press releases; the Ausländerbeirat (Council of Foreigners) distributed the information.

Saxony: Special information was provided for non-national voters (because they were obliged to register). The
municipalities took decisions on information campaigns locally.

Saxony-Anhalt: The municipalities took decisions on information campaigns locally.

Schleswig-Holstein: A special remark was included in the official announcement on elections. In addition,
there was PR work, including press releases.

Thuringia: A leaflet was distributed through municipalities. The Ombudsman for Foreigners informed the non-
national voters.

The municipal authorities informed voters about the registration procedures through the local press and radio.
Information leaflets were published in English, German, French and Greek and distributed via embassies,
cultural institutions and municipalities. There were specific telephone lines to answer questions.

The Ministry of the Interior ran a nationwide information campaign starting in January 1999. It consisted of
publicity shots on TV (both public and private channels) and radio and the distribution of leaflets in Spanish,
English, French and German. The Central Electoral Offices prepared documents for the municipalities to use to

28

9.5%

24.4%

Greece

Spain

facilitate registration. Many municipalities organised their own campaigns. A personal letter was sent to all
Union citizens in February 1999, informing them about the obligation to enrol on electoral rolls. A prepaid
reply coupon was enclosed in the letter. A free telephone information hot line was arranged. A special public
campaign was carried out through different media when the electoral rolls were established to inform voters
about the right to appeal.

Ireland

A fact sheet, highlighting the electoral rights of resident citizens of the Union was enclosed with the
registration form issued to all households in autumn 1998. This was also sent to all new citizens of the Union
known by the registration authorities. The national newspaper campaign for the draft 1999/2000 register
emphasised that the register would be used for local elections. Notices publicising the register inserted as
supplements in national newspapers highlighted the electoral rights of resident Community citizens at
elections.

Italy

The central government distributed leaflets by all legal and technical means and many municipalities sent a
letter to all non-national voters residing in their area, inviting them to register on the electoral rolls.

Luxembourg

The government published a brochure addressed to non-national voters. Locally,
there were different
campaigns: in some municipalities, the local authorities made door-to-door visits to non-national residents,
information meetings were organised in cafés, personalised letters were sent to potential voters in their mother
the
tongue; a pre-completed registration form was distributed, which could be signed and returned;
administration had a special information desk with long opening hours; announcements were published in local
papers.

52.8%

19.2%

12.4%

Netherlands Municipalities published announcements and special election newspapers in several languages on the right to
vote of non-nationals. A letter was sent to all the political parties drawing their attention to the conditions for
non-nationals to stand as candidate. There were announcements, leaflets and advertisements on TV and radio
on the municipal elections in general. The Ministry of the Interior distributed leaflets and set up a telephone
hot line to answer any questions.

(all registered
automatically)

Austria

By means of a circular (Wahlerlass) the Ministry urged municipalities to inform citizens. The municipalities
published announcements, posted public notices and used local press, TV and radio. Leaflets were also
distributed and non-national citizens were contacted personally (the application form was sent to them).

54.2%

29

Portugal

Finland

Sweden

In the 1997 elections, there were TV and radio spots and announcements in the newspapers and the Ministry
produced leaflets and posters in different languages, which were distributed through organisations frequented
by potential voters. In the 2001 elections, the authorities prepared 50 000 copies of a leaflet on the voting
rights of foreigners in Portugal, which was distributed through the municipalities, embassies and the
Department for Foreigners. Information sites were created on the Internet both for the municipal authorities
and for the general public. TV and radio spots on registration were shown.

9.8%

All non-nationals citizens of the Union and other foreigners received by mail a personal letter informing them
about the right to vote, eligibility, standing as a candidate and voting. The letter was in three languages
(Finnish, Swedish and English). In addition, all voters, both Finns and non-nationals, received the official
announcement about the right to vote (a “voting card”) by mail.

(all registered
automatically)
(Turnout 30.7%)

All persons with the right to vote received a leaflet with instructions on voting by personal letter. Information
was translated into between 14 and 16 languages, including Finnish, English, German, French and Spanish.
The information about standing as a candidate was distributed by the political parties.

(all registered
automatically)
(Turnout 35-49%
depending on
nationality group)

41.1%

United
Kingdom

The Electoral Commission has responsibility for voter awareness programmes. The Commission has launched
a campaign to raise awareness of the right to register and to vote in the forthcoming local elections in 2002.
This is aimed at all voters and in particular 18-24 year olds. There is no specific targeting of EU citizens.

30

Annex 4: Changes in the electorate

Member State

Did application of the Directive significantly modify the
electorate?

Did application of the Directive significantly modify the
political composition of elected bodies?

Belgium

Compared to the last national elections in 1999, the number of
electors rose by 1.2%, which is not considered to be significant.

No information; cannot really say in general; certain individual
cases where this could have had an impact.

Germany

Because the number of non-national voters varies so much locally
and regionally, it has had a different impact in different
municipalities.

No cases known where application might have affected the
political composition; however, this is entirely possible.

Greece

No significant change.

No changes in elected bodies.

Spain

Ireland

Italy

Yes, there was a significant increase of 6% in the electorate, which
was partly due to the 93% increase in non-national voters. A
comparison can be made in the case of Danish, Swedish and Dutch
citizens residing in Spain, who had the right to vote also in the
previous elections in 1995. In those groups the increase of the
electorate was 168%-292%.

Because all residents have had the right to vote since 1963,
implementation did not result in any significant change.

Application of the Directive did not bring about a significant
evolution in the electorate because of the low number of non-
national EU citizens in Italy and the even lower number of
registered voters.

No significant changes in the elected bodies; only 4 non-
national candidates were elected.

No, because no significant changes in electorate.

No changes in the elected bodies in the ten municipalities
studied.

Luxembourg No reply.

Netherlands Not possible to reply.

No reply.

Not possible to reply.

31

Austria

Implementation of the Directive has caused an increase in the
electorate in many municipalities.

At least 20 non-national citizens were elected.

Portugal

The evolution is not important due to the fact that the communities
large. It should be
of EU nationals living in Portugal are not
mentioned that the first elections open to non-national voters were
those of 1997.

No important modifications due to the fact that:

- There were a limited number of non-national candidates in the
1997 elections and therefore a limited number of non-nationals
actually elected.

- Independent candidatures, outside political parties, were not
permitted (this was changed by the latest amendment to the
Constitution) except for the elections to the Assembleia de
Freguesia, the smallest local body.

Finland

No.

No.

Sweden

There were no significant changes in the electorate because the
nationals of Member States already had the right to vote in
municipal elections before, under certain conditions.

The implementation of the Directive did not change the
composition of elected bodies; the number of elected EU
citizens in fact decreased compared to the previous elections.

United
Kingdom

No.

No.

32