COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT REPORT Accompanying the document Proposal for a COUNCIL DIRECTIVE laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast) Proposal for a COUNCIL DIRECTIVE laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals (recast)
Date: 2021-11-25
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU Member State, EU national, European Parliament, European election, European electoral system, residence, right to stand for election, right to vote

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   EUROPEAN COMMISSION  Brussels, 25.11.2021  SWD(2021) 358 final  COMMISSION STAFF WORKING DOCUMENT  EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT REPORT  Accompanying the document Proposal for a COUNCIL DIRECTIVE   laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast)            Proposal for a     COUNCIL DIRECTIVE            laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals (recast) {COM(2021) 732 final} - {COM(2021) 733 final} - {SEC(2021) 576 final} - {SWD(2021) 357 final}  
 
 
Executive Summary Sheet (Max 2 pages)  
Impact assessment on the electoral rights of mobile EU citizens  
A. Need for action  
What is the problem and why is it a problem at EU level?   
EU citizens who are living, working, studying etc. in an EU country of which they are not nationals (‘mobile EU citizens’) are 
entitled, under EU law, to vote and stand as candidates in elections to the European Parliament and municipal elections in that 
country under the same conditions as nationals.  
However, a relatively low number do so, for various reasons:  

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people are not necessarily aware of these rights and still have problems getting accurate information on administrative 
procedures.  
they are discouraged from registering by burdensome processes and the risk of being deregistered from elections in 
their country of origin. 
national authorities still face problems preventing multiple voting in European Parliament elections, due to difficulties 
sharing information to identify voters and candidates who are registered more than once.  

Given the rise in numbers of EU citizens living in another EU country, these problems will gain in importance, as they affect 
an increasingly larger proportion of EU citizens. 

What should be achieved?  
This  initiative  addresses  these  difficulties  by  updating,  clarifying  and  strengthening  the  rules,  to  ensure  they  help  as  many 
mobile EU citizens as possible participate in elections, as well as protecting the integrity of the elections themselves.  
Specifically, the aim is to: 

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simplify the procedures for registering on the electoral roll as a voter and candidate  

increase  affected  citizens’  awareness  and  understanding  of  their  electoral  rights,  and  the  related  administrative 
processes.  

reduce the possibilities for multiple voting in European elections  

reduce the possibilities for affected citizens to be de-registered from elections in their country of origin.  

improve the collection of data on municipal and European Parliament elections.  
amend outdated and obsolete rules (e.g. as consequence of Brexit). 

What is the value added of action at the EU level (subsidiarity)?   
The electoral rights in question are set out in the Treaty on the Functioning of European Union as part of their rights as  EU 
citizens. The legal framework for exercising these rights involves both EU and national rules. Since cross-border matters are 
beyond the reach of individual EU countries, the problems identified cannot be addressed by countries acting individually.  
B. Solutions  
What are the various options to achieve the objectives? Is there a preferred option or not? If not, why?  
The Impact Assessment examined two policy options. Both present a range of potential measures to address the problems: 

  Option 1 aims to reinforce and clarify the existing rules. It wants to do so through  targeted changes in areas where 

problems have been identified.  

  Option 2 introduces a set of measures with the aim to reform the Directives. It aims to harmonize key elements the 

electoral process across Member States. 

 Although option 2 seems the most effective, our preferred option is option 1, for reasons of efficiency, coherence, 
subsidiarity and proportionality.   

What are different stakeholders' views? Who supports which option?   
Stakeholders in general have expressed broad support for this initiative. Citizens and NGOs emphasised the need for clear and 
accessible information on registration and voting processes and a limit on involuntary de-registration. National authorities are 
interested in further improving the process of data exchange on voters, to prevent multiple voting, and improving support for 
local authorities, while ensuring this is consistent with other EU policies and instruments. 

 
 
C. Impacts of the preferred option  
What are the benefits of the preferred option (if any, otherwise of main ones)?                                      
This approach would make the registration processes for voters and candidates easier, as well as the access to information in 
municipal and European Parliament elections for EU citizens living in another EU country. It strengthens the existing Directives 
to ensure a wide-ranging approach tackling the identified problems and achieving maximum impact, while respecting national 
powers on electoral matters. 
What are the costs of the preferred option (if any, otherwise of main ones)?                                     
This proposal does not impose any additional financial or administrative burden on the EU or the EU budget. 
What are the impacts on SMEs (small & medium-sized companies) and competitiveness?   
Broadly, all options are expected to have wider indirect positive economic impacts, as they support free movement of people 
within  the  EU  and  the  integration  in  their  host  country  of  those  who  move.  But  SMEs  are  not  expected  to  be  particularly 
affected. 
Will there be significant impacts on national budgets and administrations?   
The  preferred  option  would  entail  some  additional  administrative  costs  for  national  authorities,  to  facilitate  improved 
cooperation and inform EU citizens who move in another EU country, with both one-off adaptation costs and recurrent costs.  
However, such costs are expected to be offset by the long-term efficiencies created for authorities and citizens due to more 
efficient processes.  

Will there be other significant impacts?   
People exercising their right to move to another EU country will be able to participate democratically in that country.  
Proportionality?   
Proportionate EU action should ensure that: 

  EU citizens who move to another EU country can effectively exercise their democratic rights in elections. For this to 

be achieved, there is a need to clarify the existing EU framework governing these rights.  

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opportunities for multiple voting in European elections are reduced, enhancing their integrity. 

D. Follow up  
When will the policy be reviewed?   
Regular monitoring and reporting requirements on the implementation by national authorities would be added: 

  Directive 93/109/EC – a report after each European Parliament election.  

  Directive 94/80/EC – a report every 5 years. 

The  Commission  will  assess  application  of  both  Directives  and  produce  an  evaluation  report  on  the  progress  towards 
achievement of the objectives within two years after the 2029 elections to the European Parliament.