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 by citizens of the Union residing in a Member State of which they are not nationals
Date: 2012-03-09
Institutions: European Commission
Subjects: EU Member State, EU national, EU statistics, local election, national implementing measure, participatory democracy, right to stand for election, right to vote, turnout of voters

EUROPEAN COMMISSION 

Brussels, 9.3.2012  
COM(2012) 99 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 by citizens of the 
Union residing in a Member State of which they are not nationals 

 
 
 
 
  
 
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 by citizens of the 
Union residing in a Member State of which they are not nationals 

1. 

INTRODUCTION 

Citizens are directly affected by the decisions taken on a daily basis by the local authorities in 
the  economic,  social  and  cultural  areas.  Local  authorities  represent  the  form  of  government 
that is closest to the citizens. Participating in municipal elections, either to vote or to stand as 
a  candidate,  is  a  fundamental  right  laid  down  by  Article  40  of  the  Charter  of  fundamental 
rights of the European Union1; it enables citizens to be involved in the democratic life and to 
influence  the  decision-making  process.  Furthermore,  such  participation  provides  an 
opportunity for EU citizens who reside in Member State other than their own to become better 
integrated in the political and social life of their host society.  

Under the same terms as in Article 40 of the Charter2, Article 22(1) of the TFEU3 grants to 
every citizen of the Union the right to vote and to stand as a candidate at municipal elections 
in the Member State in which he or she resides under the same conditions as nationals of that 
State.  The  detailed  arrangements  for  the  exercise  of  the  right  to  vote  and  to  stand  as  a 
candidate  in  municipal  elections  are  laid  down  by  Council  Directive  94/80/EC  (hereinafter 
“the Directive”)4. 

In  accordance  with  Article  13  of  the  Directive,  the  previous  and  first  Report  on  the 
transposition and implementation of the Directive was adopted by the Commission in 2002. 
For the first time, the present Report touches upon the broader issue of participation in local 
democracy and assesses the state of transposition and implementation of the Directive in the 
Member States which were not yet members of the Union in 2002, when the first Report was 
adopted.  Although  all  Member  States  have  transposed  the  Directive,  a  number  of  obstacles 
hampering  the  full  exercise  of  electoral  rights  need  to  be  addressed  by  ensuring  the  correct 
implementation and transposition of its provisions. 

The  Report  also  assesses  whether  the  grant  of  the  derogation  pursuant  article  22(1)  of  the 
TFEU is still warranted. Article 12(4) of the Directive provides that, by 31 December 1998 
and every six years thereafter, the Commission shall submit to the European Parliament and 
to the Council a Report on that. The last derogation Report was adopted in 20055. 

1 
2 
3 
4 

5 

Charter of fundamental rights of the European Union (OJ C 83/389, 30.03.2010). 
The Charter of Fundamental Rights of the European Union. 
The Treaty on the Functioning of the European Union. 
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). 
COM(2005)382. 

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2 

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The  Union  is  founded  on  the  value  of  the  respect  for  democracy6  and  every  citizen  of  the 
Union has the right to participate in the democratic life of the Union7. It is therefore important 
to  guarantee  the  principles  of  a  participatory  democracy  by,  amongst  others,  ensuring 
participation of all citizens of the Union and deploying efforts to boost participation. 

Guaranteeing the principles of participatory democracy is of primary importance especially at 
local  level  where  the  decisions  taken  directly  affect  citizens.  Decreasing  participation  in 
democratic  life  in  terms  of  a  low  turnout  in  the  elections  may  have  the  undesired  effect  of 
weakening the status of representative democracy. 

In  most  Member  States,  a  turnout  lower  than  50%  has  been  recorded  in  recent  European 
elections8;  the  trend  is  similar  in  many  Member  States  as  regards  recent  local  elections9. 
Pursuant  to  the  founding  principles  of  the  Union,  the  Commission  considers  it  essential  to 
invert this trend in order to strengthen the link between voters and elected representatives and 
to enhance legitimacy of decisions taken by the latter. 

In this line, strengthening electoral rights of citizens has been set out as one of the political 
priorities  in  the  Stockholm  Programme.  The  Stockholm  Action  Plan  of  20  April  2010 
underlines how "Facilitating and encouraging citizens’ participation in the democratic life of 
the  Union  is  crucial  for  bringing  the  citizens  closer  to  the  European  project.  Increased 
turnout at European Parliament elections is a shared ambition. The right of citizens to vote 
and be elected for local and European elections where they reside should be further promoted 
and strengthened"10. 

The  present  Report  contributes  to  the  implementation  of  Action  18  of  the  EU  Citizenship 
Report 2010, in that its aim is to promote that Member States fully enforce the voting rights of 
EU citizens in the Member State of residence and that they duly inform EU citizens of their 
electoral rights11. To this end, the Report assesses the awareness and the use of the electoral 
rights of EU citizens in municipal elections and it focuses on the information measures put in 
place  by  the  Member  States  in  compliance  with  the  provisions  of  the  Directive.  It  also 
highlights  best  practices  in  the  Member  States  in  conducting  information  campaigns  and 
initiatives  to  encourage  EU  citizens  who  are  non-nationals  to  take  part  in  institutional  and 
political life at local level. 

6 
7 
8 
9 
10 

11 

Article 2 of the Treaty on European Union (TEU). 
Article 10(3) of the Treaty on European Union (TEU). 
Report on the European elections COM(2010)605. 
Source: questionnaire sent to the Member States on 10 January 2011 (hereinafter: "questionnaire"). 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions - Delivering an area of freedom, 
security  and  justice  for  Europe's  citizens  -  Action  Plan  Implementing  the  Stockholm  Programme  - 
COM/2010/0171 final. 
In the EU Citizenship Report 2010 "Dismantling the obstacles to EU citizens’ rights" - COM(2010)603 
final  -,  the  Commission  outlined  25  concrete  actions  to  be  taken  with  a  view  to  removing  persistent 
obstacles preventing citizens from effectively exercising their rights under EU law in various roles in 
their  daily  lives,  including  as  political  actors.  According  to  action  18,  the  Commission  asks  Member 
States "to ensure that voting rights of EU citizens in their Member State of residence are fully enforced, 
that EU citizens can be members of or found political parties in the Member State of residence and that 
Member States duly inform EU citizens of their electoral rights". 

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2. 

AWARENESS AND PARTICIPATION 

2.1. 

The awareness of the electoral rights in the European Union 

As indicated by the statistics of the latest Eurobarometer surveys conducted by the European 
Commission12, the majority of the citizens in the Member States are aware of the right to vote 
and  to  stand  as  a  candidate  in  municipal  elections  in  their  Member  State  of  residence.  The 
awareness of electoral rights at the local level has increased significantly in four years in all 
Member  States.  At  EU  level,  the  average  percentage  of  the  citizens  who  are  aware  of  such 
rights has almost doubled from 37% (2007) to 69% (2010). The lowest average has increased 
from 22% (2007) to 53% (2010), the highest one from 62% (2007) to 83% (2010). 

Awareness of electoral rights that a citizen of the EU has, 2007-2010

A citizen of the EU living in [OUR COUNTRY], has the right to vote or to stand as a candidate in 
municipal elections - True

11/2007

03/2010

9
7

9
7

8
7

8
7

7
7

7
7

5
7

4
7

2
7

2
7

0
7

0
7

9
6

8
6

7
6

7
6

6
6

4
6

3
6

3
6

2
6

1
6

1
6

9
5

8
5

5
5

3
5

100

3
8

80

60

40

20

0

2
3

1
4

7
4

2
6

9
4

6
5

2
5

6
3

8
2

2
3

8
3

8
2

8
2

7
3

9
3

0
4

9
3

1
3

0
4

2
3

8
2

9
3

8
2

1
3

1
3

7
2

2
2

3
4

L
N

T
M

E
B

S
E

E
I

U
L

Y
C

E
D

I
S

K
U

R
F

V
L

K
S

7
2
U
E

E
S

L
E

I

K F
D

O
R

E
E

T
A

T
P

Z
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Q1(2010). For each of the satements which I am going to read out, please tell me if this is true or false:
Q4(2007). In fact, all citizens of the EU Member States are ”citizens of the European Union”. In your 
opinion, what rights does a citizen of the European Union have?
Base: all respondents, % by country
Correct answers shown

Source: Flash Eurobarometer nr. 292. 

In recent years, the European Commission has contributed to a large extent in informing EU 
citizens  about  their  electoral  rights  and  has  encouraged  them  to  participate  actively  in  the 
democratic  life  of  the  Union.  The  Programme  "Fundamental  Rights  and  Citizenship"  2007-
2013  has  contributed  to  developing  actions  aimed  at  promoting  information  and  civic 
education initiatives to increase turnout in elections. During the period 2007-2010, 12 projects 
concerning  active  participation  in  the  democratic  life  of  the  Union  have  been  financed  and 
grants  have  been  awarded  for  an  amount  of  more  than  EUR  3,8  million13.  This  thematic 
priority continues to be included in the Work Programme of 201114. 

Recently,  the  European  Commission  proposed  to  designate  2013  as  the  "European  Year  of 
Citizens"15. The European Year would contribute to raising the awareness of the EU citizens 
about their right to move and reside freely within the European Union and, more generally, of 
the  broad  range  of  rights  available  to  them  under  Union  law  in  a  cross-border  context, 
including electoral rights. 

12 
13 
14 

15 

Flash Eurobarometer No 292. 
Information available on the link: http://ec.europa.eu/justice/fundamental-rights/programme/ 
Commission  Decision  of  3  December  2010  on  adopting  the  2011  work  programme  for  the  specific 
programme Fundamental Rights and Citizenship - C(2010)8378. 
COM(2011) 489 final. 

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Several  Member  States  adopted  targeted  measures  to  inform  EU  citizens  of  their  electoral 
rights  in  municipal  elections,  albeit  by  different  means16.  In  particular,  Denmark,  Estonia, 
Finland,  Germany,  Hungary,  Lithuania,  Spain  and  Sweden  have  adopted  the  practice  of 
sending polling cards or individual letters containing information on the electoral proceeding 
by post to the citizens concerned. As regards actions taken at national level, several Member 
States,  such  as  Czech  Republic,  Denmark,  Greece,  Italy,  Latvia,  Lithuania,  Poland  and 
Slovakia, have provided information via the official website. Germany and United Kingdom 
activated  a  dedicated  "helpline".  In  Cyprus,  France,  Ireland,  Luxembourg,  Portugal  and 
Romania, information has been provided by printed publications or the local press. 

2.2. 

Voter turnout in local elections 

The participation of non-nationals EU citizens in the democratic life of their Member State of 
residence needs to be assessed in the broader context of the overall turnout.  

As regards the last recent municipal elections held in the big cities, mainly the capitals, of the 
Member  States,  in  seven  Member  States  the  turnout  rate  was  between  50  and  60  percent17. 
The  turnout  was  lower  than  50%  in  ten  of  these  municipalities18.  Overall,  there  are  twenty 
Member States where more than a third of eligible voters did not participate in the last local 
elections held in the capitals19. Participation in other cities than capitals, depending on size, is 
even  lower20.  While  generally  the  turnout  in  the  local  elections  is  higher  than  in  European 
elections, exceptions can be found in some cases such as Athens, Budapest, Copenhagen and 
Riga21. 

Generally, data on the turnout in local elections reveal a tendency for political disaffection of 
the  citizens.  Remedying  the  'democratic  deficit'  remains  a  challenge  for  the  Member  States 
and the European institutions as well as for the elected local authorities across the Union. 

Some empirical factors depressing turnout are common to several Member States. A negative 
correlation between population size and turnout was found in local elections. In the very small 
towns the interest in local politics is bigger since the possibility to influence decision-making 
is  perceived  as  stronger.  This  tendency  seems  to  have  as  an  exception  the  case  of  the  big 
capitals, where a broader involvement of the population is noted in comparison to the other 
cities.  It  could  be  assumed  that  when  local  elections  are  held  concomitantly  with  national 
elections,  turnout  can  be  boosted.  Local  presence  of  national  parties  incentives  individuals 
who follow these parties to vote in local elections22. Lastly, in many cases non participation is 

16 
17 

18 

19 
20 

21 

22 

Source: questionnaire. 
Amsterdam: 51,38%; Lisbon: 53,44%; Copenaghen: 54,42%; Paris: 56,93%; Dublin: 57,77%; Helsinki: 
58,87; Riga: 58,92; Berlin 60.2% (Berlin is a City-State, thus municipal elections are state elections at 
the same time. This explains the high turnout. Isolated municipal elections in Germany have turnouts as 
low as 25%, even in big cities). 
Bucarest:  31,06%;  Bratislava:  33,55%;  Sofia:  37,85%;  Vilnius:  42,28%;  Athens:  43,04%;  Budapest: 
43,59%; Prague: 44,43%; Ljubljana: 44,79%; London: 45,30%; Warsaw: 48,27%. 
Source: questionnaire. 
Ostrava  (Czech  Republic):  35,39%;  Lille  (France):  48,83%;  Stuttgart  (Germany):  48,7%;  Pecs 
(Hungary): 33,24%; Galway (Ireland): 49,89%; Rotterdam (the Netherlands): 47,9%; Krakow (Poland): 
35,37%; Maribor (Slovenia): 43,38%; Trnava (Slovakia): 29,35%; Salford (United Kingdom): 33,50%. 
Hereinafter,  turnout  in  the  last  local/European  elections  in  the  mentioned  capital  cities.  Athens: 
43,04%/45,6%; Budapest: 43,59%/44,91%; Copenhagen: 54,42%/61,1%; Riga: 58,92%/59,13%. 
In UK, local elections turnout in 2009 was 39,1% and 39,9% in 2008; turnout in local elections of 2010, 
held  jointly  with  general  elections,  was  62,2%.  In  Germany,  mayoral  elections  turnout  in  Koblenz  of 
2002 was 51,3%; in 2009, when mayoral elections were held jointly with federal elections, turnout was 

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related  to  logistical  circumstances  such  as  the  absence  of  alternative  voting  procedures 
(advance voting, postal voting etc.) which allow voters who may be unable to participate on 
the elections still to cast a ballot. 

2.3. 

Participation  of  non-nationals  EU  citizens  in  municipal  elections  in  their 
Member States of residence 

At the end of 2010, more than 8 million EU citizens of voting age resided in a Member State 
other  than  their  own.  The  largest  number  was  recorded  in  Germany,  United  Kingdom  and 
Italy, followed by France, Spain and Belgium. This means that 8 million of EU citizens could 
vote in municipal elections in their Member State of residence. 

Non-national EU citizens of voting age

Slovenia

1,426

Lithuania

3,463

Slovakia

6,871

Latvia

8,911

Malta

26,652

Romania

32,650

Finland

45,536

Czech Republic

54,159

Cyprus

Portugal

Austria*

Denmark

Greece*

Hungary

83,640

94,157

108,367

108,806

114,377

116,446

Luxembourg

174,250

Sweden

Ireland

231,769

247,980

the Netherlands

328,417

Belgium

Spain

France*

Italy

United Kingdom*

Germany

626,074

757,495

1,004,000

1,050,000

1,881,000

2,239,641

0

500,000

1,000,000

1,500,000

2,000,000

2,500,000

* Partial data. UK provided data on all non-national EU citizens resident. France: data available refer to the 
previous Report. Greece provided data on non-national EU citizens resident over 20 years old. Austria provided 
data only referring to the capital. Data on Bulgaria, Estonia and Poland are not available. 

In  comparison  with  the  data  in  the  first  Report  issued  in  200223,  in  several  Member  States 
there was a significant increase in the number of non-nationals EU citizens of voting age who 
reside in Member State other than their own. Specifically the figures were as follows: in Italy, 
from 56.000 to 1.050.000; in Germany, from 1.521.000 to 2.239.641; in Greece, from 16.000 
to 114.377; in Ireland, from 76.000 to 247.980; in Denmark, from 32.000 to 108.806; and in 
Portugal, from 26.000 to 94.15724. 

Despite this significant increase in the number of non-nationals EU citizens of voting age who 
reside in a Member State other than their own, only a relatively low number of these citizens 
actually exercised their electoral rights in the municipal elections that have been held in recent 
years in their State of residence. 

66,7%. In Italy, turnout in local elections in Rome of 2006, was 65,98%; in 2008, when local elections 
were held jointly with general elections, turnout was 73,66%. 
COM(2002)260. 
Source: questionnaire. 

23 
24 

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In  order  to  participate  in  municipal  elections,  the  individual  has  to  be  registered  on  the 
electoral  roll.  The  detailed  procedures  for  registration  vary  from  one  Member  State  to 
another25. In those Member States where registration is not automatic, the data provided show 
that only an average of 10% of resident non-national EU citizens asked to be entered on the 
electoral rolls26.  

Non-national EU citizens resident Non-national EU citizens entered on the electoral roll Series3

1,200,000

1,000,000

800,000

626,074

600,000

1,050,000

757,495

414,895

400,000

200,000

0

247,980

61,811

83,640

114,377

68,906

2

4,897

14,961

174,250

100,000

94,157

22,000

11,134

Belgium

Cyprus

Greece

Ireland

Italy

Luxembourg

Portugal

Spain

Member States with a non automatic system of registration 
(data on Bulgaria, Czech Republic, France, Poland and UK are not available) 

It can be noted that a clear dominance of a specific national community with respect to the 
total  number  of  non-national  EU  citizens  resident  in  a  Member  State  corresponds  in  some 
cases to a high participation of this community in local elections. This is the case of Ireland, 
Spain and Sweden27. 

No data are available on the percentage of the resident non-national EU citizens who actually 
voted after being entered on the electoral rolls; once entered on the electoral roll, there is no 
distinction between national and non-national voters. Member States generally do not collect 

25 

26 

27 

In  Austria  (except  Burgenland),  Denmark,  Estonia,  Finland,  Germany,  Hungary,  Latvia,  Lithuania, 
Malta, the Netherlands, Romania, Slovakia, Slovenia and Sweden all residents, including non-national 
EU citizens, are entered automatically on the electoral rolls. 
In  the  questionnaire,  Member  States  have  been  requested  to  provide  for:  data  concerning  the  last 
municipal elections where they are organised on one Election Day at national level; data available for 
recent municipal elections dating back to the last three years, in other cases. 
In  Ireland,  the  percentage  of  non-national  EU  citizens  registered  reached  approximately  25%.  British 
citizens represent 25% of the total number of non-national EU citizens and 74% of them registered to 
vote. They are particularly involved in Irish political life given that, on the basis of reciprocity, they can 
vote for the elections to the Dáil Éireann (Lower House of Parliament) in the same way as Irish citizens 
can  vote  in  parliamentary  elections  in  the  UK.  In  Spain  the  percentage  of  non-national  EU  citizens 
registered  is  above  50%.  The  vast  majority  of  British  and  German  citizens,  who  represent  together 
18,5% of the total number of non-national EU citizens, registered to vote. Another possible reason for 
this relatively high proportion is that Spain is the only Member State, among those who have adopted a 
non automatic system of registration, to send an individual letter containing information on the electoral 
proceedings  to  all  EU  non-national  citizens.  Furthermore,  in  Ireland  and  Spain  non-nationals  EU 
citizens were already able to vote in municipal elections, under certain conditions, before the Directive 
entered  into  force.  Lastly,  in  Sweden,  Finnish  citizens  represent  27,5%  of  the  total  number  of  non-
national EU citizens, turnout of whom in the last local elections has been estimated around 30%. 

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such data so as to avoid  discrimination.  Very few data are available on the  number of non-
national  EU  citizens  who  stand  as  candidates  and  who  are  elected.  In  particular,  Austria, 
Czech  Republic,  Germany  and  Sweden  have  highlighted  the  difficulties  encountered  in 
gathering these data from the local authorities due to the absence of a single contact point, as 
already highlighted in the last Report on the European elections28. 

The highest percentage of non-national EU citizens elected in relation to those who stand as 
candidates was indicated by France (32,8%) and Sweden (17,1%). Austria, Luxembourg and 
Spain indicated a significant number of non-national EU citizens elected. 

3. 

TRANSPOSITION AND IMPLEMENTATION  

3.1. 

The state of play of the transposition of Directive 94/80/EC 

The present Report assesses for the first time the national legislation adopted by the Member 
States which have joined the EU since 2004, as well as those national legislations in the other 
Member States which have entered into force since the 2002 Report. 

It should be mentioned that the Report also covers the new legislation which has so far been 
communicated only via a questionnaire, but not yet formally notified to the Commission29. 

On the basis of the national transposition measures communicated by the Member States, the 
level  of  transposition  of  the  Directive  in  the  legislation  of  all  the  Member  States  can  be 
considered  satisfactory.  Nevertheless,  some  issues  of  incorrect  or  incomplete  transposition 
have  to  be  addressed  in  order  to  avoid  incorrect  implementation,  which  would  represent  an 
obstacle to the full exercise of electoral rights. 

In  some  Member  States30  the  provisions  of  Article  3  and  4  of  the  Directive31  seem  to  have 
been incorrectly transposed: in these Member States, EU non-national citizens are granted the 
right  to  vote  or  stand  as  a  candidate  in  municipal  elections  only  after  a  minimum  period  of 
residence, without such requirement being imposed on nationals. Furthermore, this legislation 
does not provide  for the possibility that,  if  the right to vote is conditional upon a minimum 
period  of  residence,  non-national  EU  citizens  must  be  deemed  to  have  fulfilled  this 
requirement, including if they resided during such period in any other Member States, outside 
their Member State of residence. 

One Member State provides that a voter must submit his/her application to be registered in the 
electoral  roll  within  30  days  of  the  acquisition  of  the  eligibility  to  vote.  This  appears  to 

28 
29 
30 

31 

COM(2010)605. 
Austria, Cyprus, Lithuania, Luxembourg and Slovenia. 
The  Commission  is  currently  looking  into  the  cases  of  Lithuania  and  Slovenia.  The  Slovenian 
authorities  have  recently  informed  the  Commission  they  agree  to  amend  their  domestic  legislation  to 
ensure full compliance with Directive. 
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  non-national  EU  citizens  who  satisfy  the  same  conditions  in 
respect of such rights as that State imposes by law on its own nationals. Article 4 lays down that when 
the nationals of the Member State have been required to spend a certain minimum period as a resident 
in  the  territory  of  that  State, voters  and  persons  entitled  to  stand  as  candidates  in  municipal  elections 
shall  be  deemed  to  have  fulfilled  that  condition  where  they  have  resided  for  an  equivalent  period  in 
other Member States. 

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constitute discrimination between nationals and non-nationals EU citizens. The dies a quo of 
the  mentioned  time-limit  is  different:  for  nationals  it  runs  from  the  date  of  voting  age 
acquisition;  for  non-national  it  runs  from  the  date  of  registration  as  resident.  The 
consequences  of  the  concerned  provision  seem  different  for  nationals  and  non-national  EU 
citizens32. 

Article  7  provides  that  each  EU  citizen  shall  exercise  his/her  right  to  vote  in  municipal 
elections  in  the  Member  State  of  residence  if  he/she  has  requested  that  right.  Most  of  the 
Member  States  (Austria,  Denmark,  Estonia,  Finland,  Germany,  Hungary,  Latvia,  Lithuania, 
Malta, the Netherlands, Romania, Slovakia, Slovenia and Sweden) adopt a more favourable 
system  of  automatic  registration  on  the  electoral  roll.  This  allows  citizens  to  vote  without 
having to submit an application to be registered within an imperative deadline. 

Member  States  have  to  fulfil  certain  duties  set  out  in  the  Directive  which  are  aimed  at 
facilitating  the  registration  of  EU  citizens  on  the  electoral  roll33.  Following  individual 
complaints received from citizens, the Commission was in contact in 2010 with two Member 
States  where  EU  citizens  employed  by  international  bodies  located  were  confronted  with 
obstacles  in  the  exercise  of  their  electoral  rights.  National  law  did  not  allow  those  residing 
citizens  to  be  registered  to  vote  in  the  elections.  Following  contacts  with  the  Commission, 
these  Member  States  have  recently  amended  their  legislation  and  removed  the  obstacles 
identified34. 

When an EU citizen entitled to stand as a candidate submits his/her application, he/she shall 
produce  the  same  supporting  documents  as  a  candidate  who  is  a  national  citizen.  A  limited 
number  of  optional  documents  may  be  required  by  the  Member  States  other  than  a  formal 
declaration stating his/her nationality and his/her address in the Member State of residence35. 
The  Commission  regards  as  not  being  in  conformity  with  the  Directive  any  national 
legislation  according  to  which  it  is  always  required  to  submit  a  certificate  from  the  home 
Member  State  attesting  that  the  citizen  has  not  been  deprived  of  the  right  to  stand  as  a 
candidate.  According  to  the  Directive,  such  a  certificate  can  be  requested  only  in  case  of 
doubts about the authenticity of the declaration. This constitutes an additional burden on non-
national  citizens  with  regard  to  the  exercise  of  the  right  to  vote.  Furthermore,  requiring  the 
reference  number  of  the  residence  certificate  does  not  appear  to  be  in  compliance  with  the 
Directive36. 

The  Directive  requires  that  the  Member  State  of  residence  must  inform  non-national  EU 
citizens of the conditions and detailed arrangements for the exercise of his/her electoral rights 
in  municipal  elections  “in  good  time  and  in  an  appropriate  manner”.  In  particular,  a  non-

32 
33 

34 
35 

36 

The Commission is currently looking into the case of Cyprus. 
Under Article 8 of the Directive, a) Member States shall take the necessary measures to enable a voter 
to be entered sufficiently in advance in respect of the polling day; b) non-national citizens who request 
to be entered on the electoral roll shall produce the same documents as those requested for a national; c) 
the Member State may require a non-national citizen to produce a valid identity document, along with a 
formal declaration stating his/her nationality, and his/her address in the Member State of residence. 
Law nr. 1545 of 21/12/2010 of Denmark and Law nr. 1843/2010 of Sweden. 
Declaration  that  he/she  has  not  been  deprived  of  the  right  to  stand  as  a  candidate  in  his/her  home 
Member State; in case of doubt, a certificate from the home Member State to the effect that he/she has 
not been deprived of the right to stand as a candidate; a valid identity document; formal declaration that 
he/she  holds  no  office  which  is  incompatible;  declaration  indicating  the  last  address  in  the  home 
Member State. 
The Commission is currently looking into the case of Bulgaria. 

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national  EU  citizen  has  the  right  to  be  informed  of  the  actions  taken  regarding  his/her 
application for entry on the electoral roll or to stand as a candidate. In some Member States37 
no  specific  provision  has  been  laid  down  by  the  transposing  national  law  as  regards  the 
obligation to inform the citizens concerned of the actions taken. In the event that the request 
to be entered on the electoral roll is refused or the request to stand as a candidate is rejected 
by the Member State of residence, the Directive also lays down the right of the EU citizens to 
be  informed  about  their  entitlement  to  legal  remedies  as  provided  for  national  citizens.  In 
some  cases  the  national  law  does  not  include  expressly  this  provision38.  In  several  Member 
States39  the  national  law  of  transposition  does  not  include  expressly  the  provision  of  the 
Directive  concerning  the  obligation  for  the  Member  States  to  inform  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  electoral  rights.  Nonetheless,  all  these 
Member  States  have  communicated  actions  and  institutional  initiatives  aimed  at  informing 
citizens  of  the  exercise  of  their  electoral  rights  carried  out  in  the  last  municipal  elections, 
thereby ensuring that those provisions of the Directive are implemented. 

3.2. 

Analysis  of  provisions  adopted  by  the  Member  States,  pursuant  to  Article 
5(3)(4) of Directive aimed at restricting some functions to national citizens 

The outcome of the right to vote and the right to stand as a candidate in municipal elections in 
the Member State of residence, as provided by the Directive, is that an EU citizen can become 
an  elected  member  of  a  municipal  council  and  can  become  a  mayor  in  a  Member  State  of 
which he/she is not a national citizen. 

The Directive provides the possibility for the Member State to restrict a number of offices in 
the  local  administration  to  its  own  nationals,  namely  those  related  to  the  executive  of  the 
municipality  (head,  deputy  or  member  of  the  governing  college  of  the  executive  of  a  basic 
local government unit), if elected to hold office for the duration of his/her mandate or for the 
temporary or interim performance of the functions. 

Office s w hich ca n be  he ld by the  non-na tiona ls EU citizens in the  
loca l ba sic gove rnment units

head, deputy and 
member of  the 
executive committee: 
DENMARK, ESTONIA , 
FINLAND, IRELAND, 
LATV IA , 
LUXEMBOURG, 
MA LTA , 
NETHERLANDS, 
PORTUGA L, 
SLOVAKIA , SPA IN, 
SWEDEN, UNITED 
KINGDOM

no of f ice in the 
executive committee: 
BULGARIA , GREECE, 
ROMANIA

only member of  the 
executive committee: 
BELGIUM, CZECH 
REPUBLIC, CYPRUS, 
FRANCE, ITA LY , 
LITHUANIA

only deputy and 
member of  the 
executive committee: 
HUNGARY , POLAND, 
SLOVENIA

* Austria and Germany are federal Republic; provisions differ on the basis of the land of reference. 

37 
38 
39 

Bulgaria, Cyprus, Czech Republic, France, Poland, Romania, Slovakia, Spain. 
France, Slovakia, Spain. 
Belgium, Bulgaria, Czech Republic, France, Italy, Latvia, Poland, Romania, Slovakia, Slovenia, Spain. 

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Denmark,  Estonia,  Finland,  Ireland,  Latvia,  Luxembourg,  Malta,  the  Netherlands,  Portugal, 
Slovakia,  Spain,  Sweden  and  United  Kingdom  currently  do  not  apply  any  restrictions,  thus 
non-national  EU  citizens  may  be  nominated  as  head,  deputy  or  member  of  the  executive 
committee  of  a  basic  local  government  unit.  Three  Member  States40  restricted  to  their 
nationals only the office of head of the local administration. In six other Member States41 non-
national  EU  citizens  cannot  even  hold  the  office  of  deputy  but  they  can  hold  the  office  of 
member  of  the  executive  committee.  Lastly,  other  Member  States42  applied  all  restrictions 
under  the  Directive  and  therefore  non-national  EU  citizens  cannot  even  hold  the  office  of 
member of the executive committee.  

The  Commission  is  analysing  these  aspects  of  the  Directive  for  the  first  time  in  the  present 
Report.  The  Commission  considers  that  the  less  restrictive  legislations  can  contribute  more 
efficiently to the integration of the citizens and to their involvement in the democratic life of 
the Member State of residence. 

3.3. 

Update  concerning  the  annex  to  the  Directive:  "Basic  local  government  units" 
in the Member States 

The  Directive  contains  an  Annex  with  the  list of  denominations  of  "basic  local  government 
units"  in  each  Member  State,  within  the  meaning  of  Article  2  (1)  (a)  thereof43.  The  list  of 
"basic local government units" identifies the scope of the Directive, i.e. the application of the 
provisions thereof. In this respect, it is essential that this list is kept up-to-date. 

This Annex was amended in 200344 (in view of the accession of 10 Member States in 2004) 
and  in  200645  (in  view  of  the  accession  of  two  Member  States  in  2007)  in  order  to  add  the 
denomination of the "basic local government units" of these Member States.  

Furthermore,  a  few  Member  States  have  recently  notified  the  Commission  of  their  new 
legislation changing the denomination of the basic local government units within the meaning 
of the Directive46. The Commission has invited all Member States to formally notify any new 
legislation communicated in this regard. 

4. 

DEROGATION PURSUANT ARTICLE 22(1) OF THE TFEU 

Article  22(1)  of  the  TFEU  provides  that  the  Directive  may  provide  for  derogations  from 
general rules where justified by a situation specific to a Member State. 

40 
41 
42 
43 

44 

45 
46 

Hungary, Poland and Slovenia. 
Belgium, Cyprus, Czech Republic, France, Italy and Lithuania. 
Bulgaria, Greece and Romania. 
Article 2(1)(a) of the Directive defines 'basic local government unit' as the administrative entities listed 
in the Annex which, in accordance with the laws of each Member State, contain bodies elected by direct 
universal  suffrage  and  are  empowered  to  administer,  at  the  basic  level  of  political  and  administrative 
organization, certain local affairs on their own responsibility. 
Act  concerning  the  conditions  of  accession  of  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania, 
Hungary, Malta, Poland, Slovenia, Slovakia and the adjustments to the Treaties on which the European 
Union is founded (OJ L 236, 23.9.2003, p. 334). 
Council Directive 2006/106/EC (O. J. L 363, 20/12/2006 p. 0409–0410). 
Denmark, Greece and Latvia. 

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Article  12  of  the  Directive  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 EU citizens of voting age who reside in, but are not nationals of, that 
State  exceeds  20%  of  the  total  number  of  EU  citizens  residing  there  who  are  of  voting  age 
may  require  a  minimum  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. 

Luxembourg  is  the  only  Member  State  that  meets  this  specific  condition  and  it  has  availed 
itself of this derogation by restricting the right to vote to non-national EU citizens who have 
had their legal domicile in the territory of Luxembourg and have resided in the territory for at 
least five years before registration47. Regarding the right to stand as a candidate, Luxembourg 
requires that non-national EU citizens must also have resided there at least five years before 
submitting the application48. 
The  Commission  requested49
  the  Luxembourg  authorities  to  submit  the  most  recent 
information concerning the number of EU citizens of voting age who reside in Luxembourg 
but  are  not  nationals  of  it,  and  the  total  number  of  EU  citizens  of  voting  age  who  reside  in 
Luxembourg. 

According  to  data  provided  by  Luxembourg  authorities,  the  number  of  non-national  EU 
citizens of voting age residing in Luxembourg was 174.250. The total number of EU citizens 
of voting age  residing there was 406.300. It follows that the proportion  between the former 
and the latter was 42,9%, beyond the threshold of 20% set by Directive. 

Thus, the grant of a derogation to Luxembourg is still warranted. 

By the law of 13 February 2011, Luxembourg extended the right to stand as a candidate to the 
third  country  nationals  who  reside  there.  Following  the  entry  into  force  of  this  law  all  non 
national citizens can hold the office of head or member of the executive committee of a basic 
local government unit. 

Article  12(2)  lays  down  that  Belgium  may  apply  restrictions  provided  by  the  Directive  to  a 
limited number of local government units, the list of which it shall communicate at least one 
year before the local government unit elections for which it intends to invoke the derogation. 
Belgium has never invoked the derogation foreseen by Article 12(2) of the Directive. 

Under Article 12(3) where the laws of a Member State prescribe that the nationals of another 
Member State who reside there have the right to vote for the national parliament of that State 
and, for that purpose, may be entered on the electoral roll of that State under exactly the same 
conditions  as  national  voters,  the  first  Member  State  may,  by  way  of  derogation  from  the 
Directive, refrain from applying Articles 6 to 11 in respect of such persons. No Member State 
has invoked the derogation foreseen by Article 12(3)50. 

47 
48 
49 
50 

Article 2 of the law of 18/02/2003. 
Article 192 of the law of 18/02/2003. 
Letter of 11 February 2011. 
Under Article 12(3) where the laws of a Member State prescribe that the nationals of another Member 
State  who  reside  there  have  the  right  to  vote  for  the  national  parliament  of  that  State  and,  for  that 
purpose, may be entered on the electoral roll of that State under exactly the same conditions as national 

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5. 

FURTHER EFFORTS TO ENFORCE THE ELECTORAL RIGHTS AND THE INVOLVEMENT 
OF CITIZENS IN THE DEMOCRATIC LIFE 

5.1. 

Right to become member or to found political parties in the State of residence 

In  accordance  with  the  principle  of  non-discrimination,  EU  citizens  should  enjoy  electoral 
rights  under  the  same  conditions  as  nationals  of  the  Member  State  where  they  reside.  This 
means that EU citizens must be able to take part fully in the political life of the Member State 
of  residence,  with  particular  reference  to  affiliation  to  existing  political  parties  or  even  the 
founding of new ones.  

In line with the actions announced in the EU Citizenship Report 2010 aimed at ensuring that 
conditions for non-national EU citizens are the same as for national citizens, the Commission 
has recently been in contact with the Member States where the national legislation limits the 
possibility for non-national  EU  citizens to  become  members  of a political party or  to found 
one51.  As  already  highlighted  in  its  most  recent  Report  on  the  European  elections52,  the 
Commission considers that such restrictions in the national laws constitute an obstacle to the 
exercise  of  the  electoral  rights  of  EU  citizens.  In  cases  where  such  limitations  are  not 
removed,  the  Commission  will  make  use  of  the  powers  conferred  on  it  by  the  Treaties,  in 
order to ensure compliance with the Directive.  

5.2. 

Good practices in promoting participation of non-national EU citizens  

The Commission stresses the importance of the actions and initiatives aimed to promoting and 
encouraging participation of the EU citizens in the democratic life of the State of residence.  

Some  good  practice  has  already  been  put  in  place  in  some  Member  States  which  could  be 
taken  as  an  example.  This  is  the  case  of  Denmark,  Estonia,  Finland,  Germany,  Hungary, 
Lithuania, Spain and Sweden which have adopted targeted measures to inform EU citizens of 
their right to vote and stand as candidates in municipal elections, which consist in sending by 
post individual letters or polling cards containing information on the electoral procedures. 

In  this  context,  the  conducting  of  an  awareness  campaign  specifically  targeted  at  young 
people at school, as was done in Luxembourg, is to be regarded as an effective instrument for 
encouraging participation in municipal elections. The school is a central point of reference in 
the  life  of  the  local  community,  particularly  for  first  time  voters,  as  well  as  a  key  actor  for 
integration and civic education. 

The  Directive  stipulates  that  Member  States  where  voting  is  not  compulsory  may  adopt  a 
system  of  automatic  registration  of  voters.  This  already  happens  in  Austria  (except 
Burgenland),  Denmark,  Estonia,  Finland,  Germany,  Hungary,  Latvia,  Lithuania,  Malta,  the 
Netherlands,  Romania,  Slovakia,  Slovenia  and  Sweden.  The  Commission  considers 
favourably the practice of automatically recording non-national EU citizens  on the  electoral 
roll at the same time as their registration as a resident. This practice would avoid placing an 

voters,  the  first  Member  State  may,  by  way  of  derogation  from  the  Directive,  refrain  from  applying 
Articles 6 to 11 in respect of such persons. 
The  Commission  is  currently  looking  into  the  cases of  Czech  Republic,  Germany,  Greece,  Lithuania, 
Latvia,  Poland,  Slovakia  and  Spain.  Finland  has  already  announced  that  existing  limitations  in  this 
respect shall be removed from its legislation. 
COM(2010)605. 

51 

52 

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additional burden on citizens who want to exercise their right to vote, given that they are not 
required to submit a further application to be registered within a peremptory time-limit. 

For  the  Member  States  which  adopt  a  non  automatic  system  of  registration  on  the  electoral 
rolls, the Commission considers good practice not to set a peremptory time-limit for applying 
for registration. This is the case of Italy. It is in the very final phase of the election campaign 
that  citizens  are  more  involved  in  political  discussions  and  therefore  decide  to  exercise  the 
right to vote themselves. Consequently, to set a peremptory time-limit for registration on the 
electoral roll that expires well before the end of the electoral campaign could exclude those 
citizens who decide to vote at the last moment. 

6. 

CONCLUSIONS 

Comparing data provided in the first Report with data gathered via the questionnaire in 2011, 
the number of EU citizens of voting age residing in a Member State other than their own has 
increased  from  4,7  million  (2000)  to  8  million  (2010),  mainly  due  to  enlargement53.  The 
number  of  non-national  EU  citizens  who  actively  participate  in  the  democratic  life  at  local 
level does not seem to have grown in proportion as a result, at least in terms of their request to 
be registered on the electorall rolls. 

Turnout in the different types of elections has become a challenge for European democracies. 
Legitimacy obtained through free and universal elections is the foundation of the democratic 
governance. The level of participation in the elections is a critical indicator of the quality of 
democracy. For these reasons, remedying political disaffection has to be mantained as a high 
priority on the agenda of the Union and the Member States. Renewed efforts must be made to 
provide citizens with targeted information about their electoral rights and the administrative 
procedures  to  be  fulfilled  to  exercise  them.  All  initiatives  aimed  at  strengthening  the 
awareness  of  electoral  rights  and  at  encouraging  participation  in  local  elections  are  to  be 
considered  as  a  useful  and  effective  support,  including  participation  in  the  programmes 
managed by the Commission, as above indicated in chapter 2.1. 

The Commission will continue working in close cooperation with the Member States in order 
to monitor the correct transposition and implementation of the Directive and to help Member 
States  adopt  all  the  necessary  measures  to  ensure  the  full  exercise  of  electoral  rights,  while 
removing obstacles to the right to be informed in good time and in an appropriate manner of 
their electoral rights. The proposal for an European Year for Citizens in 2013 represents a real 
opportunity  to  enhance  the  efforts  to  encourage  participation  at  elections,  with  the 
involvement  of  the  interested  national  and  local  autorithies,  as  well  as  key  stakeholders 
shaping the political life of the Member States and their citizens. 

To  this  end,  the  Commission  intends  to  make  use  of  an  informal  platform  of  cooperation 
aimed at facilitating a direct dialogue between the Commission, the Committee of the Regions 
and  national  associations  of  local  and  regional  authorities.  This  platform  will  allow  the 
Commission  to  identify  any  ongoing  difficulties  encountered  by  local  authorities  in 
implementing EU citizens' electoral rights and to directly draw on the ideas and expertise of 
these  authorities  and  the  best  practices  they  have  developed,  with  a  view  to  enhancing  the 
effective exercise of these rights on the ground. 

53 

About 40% are nationals from Member States which have joined the EU since 2004.  

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