European Parliament legislative resolution of 14 February 2023 on the 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)0732 — C9-0021/2022 — 2021/0372(CNS))
Date: 2023-02-14
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Constitutional Affairs, Committee on Legal Affairs, European Parliament
Subjects: EU Member State, EU national, European Parliament, European election, European electoral system, residence, right to stand for election, right to vote




C_2023283EN.01007601.xml










11.8.2023   


EN


Official Journal of the European Union


C 283/76






P9_TA(2023)0037
Electoral rights of mobile Union citizens in European Parliament elections
European Parliament legislative resolution of 14 February 2023 on the 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)0732 — C9-0021/2022 — 2021/0372(CNS))
(Special legislative procedure — consultation — recast)
(2023/C 283/20)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2021)0732),










—


having regard to Article 22(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0021/2022),










—


having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),










—


having regard to the letter of 8 November 2022 from the Committee on Legal Affairs to the Committee on Constitutional Affairs in accordance with Rule 110(3) of its Rules of Procedure,










—


having regard to Rules 110 and 82 of its Rules of Procedure,










—


having regard to the opinion of the Committee on Civil Liberties, Justice and Home Affairs,










—


having regard to the report of the Committee on Constitutional Affairs (A9-0297/2022),










A.


whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;












1.


Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission and as amended below;












2.


Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;












3.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












4.


Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;












5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.





Amendment 1


Proposal for a directive


Recital 2








Text proposed by the Commission




Amendment











(2)


Article 20(2), point (b) and Article 22(2) of the 
of the
 Treaty on the functioning of the European Union (TFEU) confers on Union citizens residing in a Member State of which they are not nationals the right to vote and to stand as a candidate in elections to the European Parliament in their Member State of residence under the same conditions as nationals of the host Member State. The right, which is also affirmed in Article 39 of the Charter of Fundamental Rights of the European Union (Charter) gives specific expression to the principle of equality and non-discrimination on grounds of nationality set out in Article 21. It is also a corollary of the right to move and reside freely enshrined in Article 20(2) point (a) and Article 21 TFEU and Article 45 of the Charter.












(2)




The 1992 Treaty on European Union (the ‘Maastricht Treaty’) marked a new stage in the process of creating an ever-closer union among the peoples of Europe by introducing the legal concept of EU citizenship with the aim to strengthen the protection of the rights and interests of the nationals of its Member States by adding to existing EU entitlements a number of new political and electoral rights.
 Article 20(2), point (b) and Article 22(2) of the Treaty on the functioning of the European Union (TFEU) confers on Union citizens residing in a Member State of which they are not nationals the right to vote and to stand as a candidate in elections to the European Parliament in their Member State of residence under the same conditions as nationals of the host Member State. The right, which is also affirmed in Article 39 of the Charter of Fundamental Rights of the European Union (Charter) gives specific expression to the principle of equality and non-discrimination on grounds of nationality set out in Article 21. It is also a corollary of the right to move and reside freely enshrined in Article 20(2) point (a) and Article 21 TFEU and Article 45 of the Charter. 
The right to vote and to stand as a candidate also allows citizens to effectively participate in the democratic life of the Union and to have a stake in the European Union as a political entity. It is imperative that all Union citizens, including mobile Union citizens, citizens with disabilities and citizens in a situation of homelessness, can fully exercise their political rights in the context of the elections to the European Parliament, both as candidates and as voters. There is a danger that European mobility could prevent mobile Union citizens from exercising fundamental political rights established by the European treaties, namely participation in elections to the European Parliament. The right of mobile citizens to vote and stand as candidates should apply in all electoral lists and constituencies, including in the Union-wide constituency in the event of its establishment.











Amendment 2


Proposal for a directive


Recital 2 a (new)








Text proposed by the Commission




Amendment





 










(2a)






According to the European Parliament legislative resolution of 3 May 2022 on the proposal for a Council Regulation on the election of the members of the European Parliament by direct universal suffrage, repealing Council Decision (76/787/ECSC, EEC, Euratom) and the Act concerning the election of the members of the European Parliament by direct universal suffrage annexed to that Decision
, 
the aim of this Directive should be to make the elections to the European Parliament more accessible, more competitive, and more European.











Amendment 3


Proposal for a directive


Recital 4








Text proposed by the Commission




Amendment











(4)


In its 
the
 EU Citizenship Report 2020 (24), the Commission stressed the need to update, clarify and strengthen the rules on the exercise of the right to vote and to stand as a candidate in elections to the European Parliament in order to ensure that they support the broad and inclusive participation of 
mobile EU
 citizens. Taking also into account the experience gained in the application of Council Directive 93/109/EC to successive elections and the changes introduced by the amendments to the Treaties, several of the provisions of that Directive should be updated.












(4)


In its EU Citizenship Report 2020 (24), the Commission stressed the need to update, clarify and strengthen the rules on the exercise of the right to vote and to stand as a candidate in elections to the European Parliament in order to ensure that they support the broad and inclusive participation of 
Union
 citizens 
residing in a Member State of which they are not nationals
. Taking also into account the experience gained in the application of Council Directive 93/109/EC to successive elections and the changes introduced by the amendments to the Treaties, several of the provisions of that Directive should be updated.









Amendment 4


Proposal for a directive


Recital 5








Text proposed by the Commission




Amendment











(5)


Article 20 (2) TFEU is without prejudice to Article 223(1) TFEU, which provides for the establishment of a uniform procedure in all Member States in accordance with principles common to all Member States 
for those elections
.












(5)


Article 20 (2) TFEU is without prejudice to Article 223(1) TFEU, which provides for the establishment of a uniform procedure 
for elections to the European Parliament
 in all Member States in accordance with principles common to all Member States.









Amendment 5


Proposal for a directive


Recital 6








Text proposed by the Commission




Amendment











(6)


In order to ensure that Union citizens who reside in a Member State of which they are not nationals (‘non-national Union citizens’) are able to exercise their right to vote and to stand as candidates in elections to the European Parliament under the same conditions as nationals of their host Member State, the conditions governing registration and participation in such elections should be clarified in order to ensure equal treatment between national and non-national Union citizens. In particular, Union citizens seeking to vote and to stand as candidates in elections to the European Parliament in their Member State of residence should be treated equally as regards any periods of residence that are to be fulfilled as a condition for the exercise of the right, as well the proofs for demonstrating compliance with such a condition.












(6)


In order to ensure that Union citizens who reside in a Member State of which they are not nationals (‘non-national Union citizens’) are able to exercise their right to vote and to stand as candidates in elections to the European Parliament under the same conditions as nationals of their host Member State, the conditions governing registration and participation in such elections should be clarified in order to ensure equal treatment between national and non-national Union citizens. In particular, Union citizens seeking to vote and to stand as candidates in elections to the European Parliament in their Member State of residence should be treated equally 
to nationals of that Member State
 as regards any periods of residence that are to be fulfilled as a condition for the exercise of the right, as well the proofs for demonstrating compliance with such a condition.









Amendment 6


Proposal for a directive


Recital 6 a (new)








Text proposed by the Commission




Amendment





 










(6a)






Non-national Union citizens should receive information about the possibility of voting or standing as a candidate upon registration as residents of a Member State of which they are not nationals. Information pertaining to the registration as a voter or as a candidate should also be provided periodically, ahead of European elections, in a timely manner, to all voters and persons entitled to stand as candidates in accordance with the conditions governing the right to vote and stand as a candidate provided for in this Directive. Moreover, non-national Union citizens should be duly informed, upon registration as voters and sufficiently in advance of the elections, about their specific rights under the European electoral system.











Amendment 7


Proposal for a directive


Recital 7








Text proposed by the Commission




Amendment











(7)


The freedom of Union citizens to choose the Member State in which to take part in elections to the European Parliament 
must
 be respected, while the appropriate measures to ensure that no one may vote more than once or stand as a candidate in more than one country.












(7)




Given that most Member States allow non-national Union citizens to retain under national law their right to vote for a home country list, the possibility to choose between two or more countries to vote in requires clear information provision for non-national Union citizens and coordination among Member States to reduce the risk of multiple voting.
 The freedom of Union citizens to choose the Member State in which to take part in elections to the European Parliament 
should
 be respected, while the appropriate measures to ensure that no one may vote more than once or stand as a candidate in more than one country. 
When receiving information about the possibility of voting or standing as a candidate in their Member State of residence, non-national Union citizens should be duly informed of the possibility to vote or stand as candidate either in their home country or in their country of residence, in line with their choice and the respective applicable national provisions. Non-national Union citizens should make the final choice of the Member State in which they would like to vote.











Amendment 8


Proposal for a directive


Recital 8








Text proposed by the Commission




Amendment











(8)


In line with International and European standards, including, the requirements of International Covenant on Civil and Political Rights and the law of the European Convention on Human Rights, Member States should not only recognize and respect the right of Union citizens to vote and to stand as a candidate but also 
ensure easy
 access to their electoral rights by removing 
as many
 obstacles to participation in elections 
as possible
.












(8)


In line with International and European standards, including, the requirements of International Covenant on Civil and Political Rights and the law of the European Convention on Human Rights, Member States should not only recognize and respect the right of Union citizens to vote and to stand as a candidate but also 
make
 access to their electoral rights 
as democratic, proportionate and as easy as possible
 by removing 
all
 obstacles to participation in elections.









Amendment 9


Proposal for a directive


Recital 9








Text proposed by the Commission




Amendment











(9)


In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, 
such
 citizens should be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and a formal declaration that includes elements evidencing their entitlement to participate in the elections. Once registered, non-national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.












(9)


In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, 
immediate registration as a voter should be possible upon their registration as residents subject to their consent. Those citizens must receive prior information regarding this immediate registration, notably on the fact that double voting is prohibited and immediate registration could imply deregistration from the electoral roll for the European elections of their place of origin. Where immediate registration as voters has not occurred upon their registration as residents,
 citizens should be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and
, in duly justified cases,
 a formal 
and user-friendly
 declaration that includes elements evidencing their entitlement to participate in the elections. Once registered, non-national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.









Amendment 10


Proposal for a directive


Recital 11








Text proposed by the Commission




Amendment











(11)


In order to ensure equal treatment of non-national Union citizens seeking to exercise the right to stand as candidates for election in their Member State of residence, such citizens should be required to produce the same supporting documents as those required from candidates who are nationals of the Member State concerned. However, in order to establish that such citizens are beneficiaries of the right laid down in Article 20(2)(b) and Article 22(2) TFEU, Member States should be able to require the production of a formal declaration that includes elements necessary to evidence their entitlement to stand in the elections in question.












(11)


In order to ensure equal treatment of non-national Union citizens seeking to exercise the right to stand as candidates for election in their Member State of residence, such citizens should be required to produce the same supporting documents as those required from candidates who are nationals of the Member State concerned. However, in order to establish that such citizens are beneficiaries of the right laid down in Article 20(2)(b) and Article 22(2) TFEU, 
in duly justified cases,
 Member States should be able to require the production of a formal declaration that includes elements necessary to evidence their entitlement to stand in the elections in question.









Amendment 11


Proposal for a directive


Recital 11 a (new)








Text proposed by the Commission




Amendment





 










(11a)






To enable Union citizens residing in a Member State of which they are not nationals to be eligible in practice for elections to the European Parliament, national political parties should be encouraged not to make membership conditional on having the nationality of that Member State.











Amendment 12


Proposal for a directive


Recital 12








Text proposed by the Commission




Amendment











(12)


In order to facilitate the accurate identification of voters and candidates registered both in their home Member State and in their Member State of residence, the list of data to be required from Union citizens, 
when submitting
 an application to enter the electoral rolls or to stand as candidates in the Member State of residence, should include the personal identification number or the serial number of a valid identity or travel document.












(12)


In order to facilitate the accurate identification of voters and candidates registered both in their home Member State and in their Member State of residence, the list of data to be required from Union citizens, 
at the time of immediate registration or after the submission of
 an application to enter the electoral rolls or to stand as candidates in the Member State of residence, should include the personal identification number or the serial number of a valid identity or travel document.









Amendment 13


Proposal for a directive


Recital 13








Text proposed by the Commission




Amendment











(13)


Union citizens who have been deprived of their right to vote and to stand as candidates, on the basis of an individual civil law or criminal law decision taken by the competent authority, should be precluded from exercising that right in the Member State of residence in elections to the European Parliament. When receiving an application for registration as a voter, Member States may require from the citizen concerned a formal declaration confirming that they have not been deprived of their right to vote. When 
standing
 as candidates in their country of residence, Union citizens 
should be required to
 produce a statement confirming that they have not been deprived of the right to stand in the elections to the European Parliament.












(13)


Union citizens who have been deprived of their right to vote and to stand as candidates, on the basis of an individual civil law or criminal law decision taken by the competent authority, should be precluded from exercising that right in the Member State of residence in elections to the European Parliament. 
Upon immediate registration or
 when receiving an application for registration as a voter, Member States may
, in duly justified cases,
 require from the citizen concerned a formal declaration confirming that they have not been deprived of their right to vote. When 
they stand
 as candidates in their country of residence, 
it should be possible for the country of residence to require that
 Union citizens produce a statement confirming that they have not been deprived of the right to stand in the elections to the European Parliament.









Amendment 14


Proposal for a directive


Recital 16








Text proposed by the Commission




Amendment











(16)


In order to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same elections, Member States should exchange information gathered from the formal declarations produced by Union voters and Union citizens entitled to stand as candidates. As Member States rely on different data to identify citizens, a common set of data should be envisaged in order to accurately identify Union voters and Union citizens entitled to stand as candidates and stop them from voting or standing as a candidate more than once. The personal data exchanged should be limited to the minimum necessary to achieve these purposes.












(16)


In order to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same elections, Member States 
need to coordinate their administrative systems in a coherent manner. For this reason, Member States
 should 
be required to
 exchange information gathered from the formal declarations produced by 
non-national
 Union voters and 
non-national
 Union citizens entitled to stand as candidates 
in a Member State of residence
. As Member States rely on different data to identify citizens, a common set of data should be envisaged in order to accurately identify Union voters and Union citizens entitled to stand as candidates and stop them from voting or standing as a candidate more than once. The personal data exchanged should be limited to the minimum necessary to achieve these purposes.









Amendment 15


Proposal for a directive


Recital 17








Text proposed by the Commission




Amendment











(17)


The information exchange between Member States to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same election should not prevent their nationals from voting or standing as candidates in other types of elections. To facilitate communication between national authorities, Member States should be required to designate one contact point for that information exchange. A secure tool was developed 
in the past
 by the Commission to be used by the Member States under their responsibility to exchange the necessary data. That secure tool should be incorporated in this Directive, to further support exchanges between Member States’ competent authorities. Member States will act as separate controllers for their processing of personal data in this regard.












(17)


The information exchange between Member States to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same election should not prevent their nationals from voting or standing as candidates in other types of elections. To facilitate communication between national authorities, Member States should be required to designate one contact point for that information exchange. A secure tool was developed by the Commission to be used by the Member States under their responsibility to exchange the necessary data. That secure tool should be incorporated in this Directive, to further support exchanges between Member States’ competent authorities. Member States will act as separate controllers for their processing of personal data in this regard.









Amendment 16


Proposal for a directive


Recital 20








Text proposed by the Commission




Amendment











(20)


The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), point (b), and Article 22(2) TFEU and the national rules and procedures regarding participation in and the organization of elections to the European Parliament. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms.












(20)


The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), point (b), and Article 22(2) TFEU and the national rules and procedures regarding participation in and the organization of elections to the European Parliament. In order to 
encourage non-national Union citizens to actively seek such information, Member States should also ensure that it is made widely available through a wide range of channels, including through targeted cooperation projects between civil society organisations, the designated national authorities and, in the event of its establishment, the European electoral authority. In order to
 ensure the effectiveness of communications, information should be provided in clear and comprehensible terms 
and in a timely manner, taking into account the dates on which electoral rolls are to be closed and on which the lists of candidates are to be announced in accordance with the Act concerning the election of the members of the European Parliament by direct universal suffrage
.









Amendment 17


Proposal for a directive


Recital 20 a (new)








Text proposed by the Commission




Amendment





 










(20a)






In order to foster the democratic participation of non-national Union citizens, Member States should provide appropriate, clear and inclusive information to Union citizens on the right to vote and on the possible administrative steps to exercise that right, as well as on the electoral cultures and voting systems. Such information should be provided when the residence of non-national Union citizens is registered, either immediately or upon request, later on, and sufficiently in advance of European elections. Special attention should also be paid to the needs of vulnerable citizens, such as people with disabilities and elderly people.











Amendment 18


Proposal for a directive


Recital 21








Text proposed by the Commission




Amendment











(21)


In order to improve the accessibility of electoral information, such information should be made available in at least one other official language of the Union than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory. Member States may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing therein.












(21)


In order to improve the accessibility of electoral information, such 
essential
 information 
on electoral rights
 should be made available 
in a clear and inclusive manner, and well ahead of the elections,
 in at least one other official language of the Union than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory
. Member States should be encouraged to provide information also in the native language of the non-national Union citizen
. Member States may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing therein.









Amendment 19


Proposal for a directive


Recital 22








Text proposed by the Commission




Amendment













(22)






Any derogation from the general rules of this Directive has to be warranted, pursuant to Article 22 (2) TFEU, by problems specific to a Member State and has to be in line with the requirements of Article 52 of the Charter, including that any limitations to the exercise of the right to vote and to stand as a candidate at elections to the European Parliament is to be provided for by law and be subject to the principles of proportionality and necessity . In addition, any derogation has to be subject to review as provided by Article 47 of the Charter .










deleted







Amendment 20


Proposal for a directive


Recital 23








Text proposed by the Commission




Amendment













(23)






Such specific problems may arise in a Member State in which the proportion of Union citizens of voting age, who reside in it but are not nationals of it, is very significantly above average. Derogations regarding the right to vote should be warranted where such citizens form more than 20 % of the total electorate on the criterion of period of residence;










deleted







Amendment 21


Proposal for a directive


Recital 24








Text proposed by the Commission




Amendment













(24)






Member States in which the proportion of non-national citizens of the Union of voting age exceeds 20 % of the total number of Union citizens of voting age who reside there should have the possibility to lay down, in compliance with Article 22(2) TFEU, specific provisions concerning the composition of lists of candidates.










deleted







Amendment 22


Proposal for a directive


Recital 26








Text proposed by the Commission




Amendment











(26)


Data regarding the exercise of rights and the application of this Directive 
can be useful
 in the identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve the collection of data for elections to the European Parliament, it is necessary to introduce regular monitoring and reporting of implementation by Member States. In parallel, the Commission should assess the application of this Directive, and submit a report including such an assessment to the European Parliament and to the Council, after each election to the European Parliament.












(26)


Data regarding the exercise of rights and the application of this Directive 
is critical
 in the 
evaluation of the relevant Union policy and
 identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to 
increase and
 improve the collection 
and reporting
 of data for elections to the European Parliament 
by Member States
, it is necessary to introduce regular monitoring and reporting of implementation by Member States 
on the basis of common indicators
. In parallel, the Commission should assess the application of this Directive, and submit a report including such an assessment to the European Parliament and to the Council, after each election to the European Parliament.









Amendment 23


Proposal for a directive


Recital 27








Text proposed by the Commission




Amendment











(27)


It is necessary that the Commission conduct its own evaluation of the application of this Directive 
within a reasonable timeframe
 after 
at least two elections
 to the European Parliament.












(27)


It is necessary that the Commission conduct its own evaluation of the application of this Directive 
no later than 18 months
 after 
each election
 to the European Parliament
, followed, if appropriate, by a legislative proposal to amend this Directive
.









Amendment 24


Proposal for a directive


Recital 28








Text proposed by the Commission




Amendment











(28)


In order to ensure that the templates of the formal declarations to be submitted by non-national Union citizens seeking to vote or stand in elections to the European Parliament continue to contain relevant data in the context of the exercise of electoral rights by Union citizens, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission to amend those templates. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.












(28)


In order to ensure that the templates of the formal declarations to be submitted by non-national Union citizens seeking to vote or stand in elections to the European Parliament continue to contain relevant data in the context of the exercise of electoral rights by Union citizens, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission to amend those templates
. In order to increase and improve the collection and reporting of data by Member States for elections to the European Parliament, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Directive by establishing a template and the form of the data to be collected for the purposes of Article 17(1)
. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.









Amendment 25


Proposal for a directive


Recital 29








Text proposed by the Commission




Amendment











(29)


The Member States, by ratifying, and the Union, by concluding (27), the United Nations Convention on the Rights of Persons with Disabilities have committed themselves to ensure compliance with that Convention. In order to support inclusive and equal electoral participation for persons with disabilities, arrangements for Union citizens residing in a Member State of which they are not nationals to exercise the right to vote and to stand as a candidate there in elections to the European Parliament should have due regard to the needs of citizens with a disability and older citizens.












(29)


The Member States, by ratifying, and the Union, by concluding (27), the United Nations Convention on the Rights of Persons with Disabilities have committed themselves to ensure compliance with that Convention
, in particular Article 29 thereof
. In order to support inclusive and equal electoral participation for persons with disabilities, arrangements for Union citizens residing in a Member State of which they are not nationals to exercise the right to vote and to stand as a candidate there in elections to the European Parliament should have due regard to the needs of citizens with a disability and older citizens. 
In particular, Member States should implement appropriate arrangements tailored to their national voting procedures to facilitate voting by citizens with disabilities, such as the possibility to choose polling stations, closed polling stations in key locations, and the use of assistive technologies, formats and techniques like Braille, large print, audio-based information, tactile stencils, easy to read information and sign language communication. Furthermore, Member States should consider introducing complementary tools to facilitate voting, such as advance physical voting and proxy voting, as well as electronic and online voting.











Amendment 26


Proposal for a directive


Recital 29 a (new)








Text proposed by the Commission




Amendment





 










(29a)






Member States should, ahead of the elections to the European Parliament, foster awareness and information campaigns while improving accessibility requirements for people with disabilities, elderly and vulnerable people.











Amendment 27


Proposal for a directive


Recital 29 b (new)








Text proposed by the Commission




Amendment





 










(29b)






Member States should guarantee that prisoners who are granted the right to vote in accordance with national laws, including when they are in a Member State of which they are not nationals, are able to exercise their voting rights.











Amendment 28


Proposal for a directive


Article 3 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


the person who, on the reference date is a Union citizen within the meaning of Article 20 (1) TFEU;












(a)


the person who, on the reference date, is a Union citizen within the meaning of Article 20 (1) TFEU 
and regardless of that person’s legal capacity
;









Amendment 29


Proposal for a directive


Article 4 — paragraph 1








Text proposed by the Commission




Amendment






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




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






Amendment 30


Proposal for a directive


Article 6 — paragraph 1








Text proposed by the Commission




Amendment






1.   Union citizens who reside in a Member State of which they are not nationals and who, through an individual judicial decision or an administrative decision provided that the latter can be subject to judicial remedies, have been deprived of their right to stand as a candidate under either the law of the Member State of residence or the law of the home Member State, shall be precluded from exercising that right in the Member State of residence in elections to the European Parliament.




1.   Union citizens who reside in a Member State of which they are not nationals and who, through an individual judicial decision or an administrative decision provided that the latter can be subject to judicial remedies, have been deprived of their right to stand as a candidate under either the law of the Member State of residence or the law of the home Member State, shall be precluded from exercising that right in the Member State of residence in elections to the European Parliament. 
However, decisions on deprivation of legal capacity due to disability taken by the home Member State shall not make Union citizens ineligible to stand as a candidate in elections to the European Parliament in their Member State of residence if the law of that Member State upholds that right for all persons with disabilities without restrictions.








Amendment 31


Proposal for a directive


Article 6 — paragraph 5








Text proposed by the Commission




Amendment






5.   Member States shall designate a contact point to receive and transmit the information necessary for the application of paragraph 3. They shall communicate to the Commission the name and contact details of the contact point and any updated information 
or
 changes concerning it. The Commission shall keep a list of contact points and make it available to the Member States.




5.   Member States shall designate a contact point to receive and transmit the information necessary for the application of paragraph 3. They shall communicate to the Commission the name and contact details of the contact point and any updated information 
in the case of
 changes concerning it. The Commission shall keep a list of contact points and make it available to the Member States.






Amendment 32


Proposal for a directive


Article 8 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
Immediate registration of non-national Union citizens as voters shall be possible.








Amendment 33


Proposal for a directive


Article 8 — paragraph 2 b (new)








Text proposed by the Commission




Amendment





 





2b.
   
When registering as residents, non-national Union citizens shall have the possibility to express their wish to be registered as voters in their Member State of residence and shall be informed about the possibility to stand as a candidate and submit an application in this regard.







 




Should non-national Union citizens choose not to express their wish to be registered as voters in their Member State of residence at the moment of their registration as residents, they shall retain the right to do so afterwards. When providing information about the possibility of voting or standing as a candidate, Member States shall duly inform non-national Union citizens that they may vote or stand as candidates either in their home Member State or in their Member State of residence, dependent on their own choice.







Amendment 34


Proposal for a directive


Article 9 — paragraph 1








Text proposed by the Commission




Amendment






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




1.   Member States shall take the necessary measures to enable a Union voter who has expressed the wish to be registered as a voter to be entered on the electoral roll 
no later than 14 weeks before
 polling day. 
Member States shall enable registration as soon as the voter concerned is registered as a resident.








Amendment 35


Proposal for a directive


Article 9 — paragraph 3 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






if they so wish, indicate the language in which they would like to receive the information referred to in Article 12(2);











Amendment 36


Proposal for a directive


Article 9 — paragraph 4








Text proposed by the Commission




Amendment






4.   Union voters who have been entered on the electoral roll shall remain thereon, under the same conditions as voters who are nationals, until they request to be removed or until they are removed because they no longer satisfy the requirements for exercising the right to vote. Where provisions are in place to notify nationals of such a removal from the electoral roll, these provisions shall apply to Union voters 
in the same way
.




4.   Union voters who have been entered on the electoral roll shall remain thereon, under the same conditions as voters who are nationals, until 
such time as
 they request to be removed or until they are removed because they no longer satisfy the requirements for exercising the right to vote. Where provisions are in place to notify nationals of such a removal from the electoral roll, these provisions shall apply to Union voters 
as well. Notifications shall be provided in an official language of the Union understandable to the Union voters in question
.






Amendment 37


Proposal for a directive


Article 10 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
National authorities shall ensure that the democratic, proportionate and transparent standards which apply to national Union citizens when submitting a list of candidates also apply to non-national Union citizen candidates.








Amendment 38


Proposal for a directive


Article 11 — paragraph 1








Text proposed by the Commission




Amendment






1.   The Member State of residence shall inform the persons concerned in 
good time and
 in clear and plain language of the decision taken 
on
 their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate.




1.   The Member State of residence shall inform the persons concerned, in 
a timely manner,
 in clear and plain language, 
and in an official language of the Union understandable to them,
 of the decision taken 
concerning their immediate registration or
 their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate
, including the possibilities to appeal those decisions
.






Amendment 39


Proposal for a directive


Article 11 — paragraph 3








Text proposed by the Commission




Amendment






3.   In case of errors in the electoral rolls or in the lists of candidates to the European Parliament, the 
person
 concerned shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.




3.   In 
the
 case of errors in the electoral rolls or in the lists of candidates to the European Parliament, the 
persons
 concerned shall be 
informed thereof in a timely manner and shall be
 entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.






Amendment 40


Proposal for a directive


Article 11 — paragraph 4








Text proposed by the Commission




Amendment






4.   Member States shall inform 
clearly and in a timely manner, the person
 concerned of the decision referred to in paragraph 1 and of the legal remedies referred to in paragraphs 2 and 3.




4.   Member States shall inform 
the persons
 concerned of the decision referred to in paragraph 1 and of the legal remedies referred to in paragraphs 2 and 3 
clearly in a timely manner, and in an official language of the Union understandable to them
.






Amendment 41


Proposal for a directive


Article 12 — paragraph 1








Text proposed by the Commission




Amendment






1.   Member States shall designate a national authority with responsibility for taking the necessary measures to ensure that non-national Union citizens are informed in a timely manner of the conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament.




1.   Member States shall designate a national authority with responsibility for taking the necessary measures to ensure that non-national Union citizens are informed in a timely manner of the conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament 
as soon as they register as residents of a Member State of which they are not nationals, as well as periodically, ahead of European elections taking into account the deadlines established for the announcement of the lists of candidates
. 
That information shall indicate that citizens have the choice to register in their Member State of residence or remain registered in their home Member State, according to their preferences.







 




The designated authority shall provide those concerned with a copy of the standardised templates for the formal declarations set out in Annexes I and II that non-national Union citizens are required to submit in order to register as voters or candidates.







Amendment 42


Proposal for a directive


Article 12 — paragraph 2 — point d a (new)








Text proposed by the Commission




Amendment





 










(da)






the specific measures taken to facilitate the exercise of the right to vote by vulnerable and marginalised groups of voters, such as persons with disabilities.











Amendment 43


Proposal for a directive


Article 12 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
Member States shall make efforts to actively involve civil society organisations in raising public awareness concerning the information referred to in paragraphs 1 and 2, as well as in encouraging non-national Union citizens to actively seek such information as often as they need it. Member States should ensure that sufficient financial resources are set aside for this purpose.








Amendment 44


Proposal for a directive


Article 12 — paragraph 3 — subparagraph 1








Text proposed by the Commission




Amendment






3.   The information on conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament and the information referred to in paragraph 2 shall be provided in clear and plain language.




3.   The information on conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament and the information referred to in paragraph 2 shall be provided in clear and plain language 
in accordance with the quality requirements set out in Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council

 (1a).






Amendment 45


Proposal for a directive


Article 12 — paragraph 3 — subparagraph 2








Text proposed by the Commission




Amendment





The information referred to in the first subparagraph shall
, in addition to being communicated in one or more of the official languages of the host Member State, also be accompanied by a translation in at least one other
 official language of the Union 
that is broadly understood by the largest possible number of
 Union 
citizens residing on its territory, in accordance with the quality requirements of Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council

 (30) .


The information referred to in the first subparagraph shall 
be provided in an
 official language of the Union 
that is understandable to the
 Union 
voter or candidate in question
.





Amendment 46


Proposal for a directive


Article 12 — paragraph 4








Text proposed by the Commission




Amendment






4.   Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament and information referred to in paragraph 2 
is
 made accessible to persons with disabilities 
and
 older persons by using appropriate means, modes and formats of communication.




4.   Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament and information referred to in paragraph 2 
are
 made accessible to 
vulnerable and marginalised groups, such as
 persons with disabilities, older persons
, homeless people and persons in prison who enjoy their voting rights, by applying the accessibility requirements laid down in Annex I of Directive (EU) 2019/882 of the European Parliament and of the Council

 (1a)

and
 by using appropriate means, modes and formats of communication
, such as Braille, large print, audio-based information, tactile stencils, easy to read information and sign language
.






Amendment 47


Proposal for a directive


Article 12 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 





4a.
   
Persons entitled to vote and stand as candidates pursuant to Article 3 and who have established their residence in a Member State, shall automatically receive information about their rights under this Directive. That information shall also be provided to them periodically and sufficiently ahead of the elections to the European Parliament.








Amendment 48


Proposal for a directive


Article 13 — paragraph 1








Text proposed by the Commission




Amendment






1.   Member States shall exchange the information required for the implementation of Article 4 , sufficiently in advance of polling day . To that end, the Member State of residence shall begin supplying the home Member State, no later than 
six
 weeks before the first day of the electoral period referred to in Article 10(1) of the Act concerning the election of the members of the European Parliament by direct universal suffrage the set of information provided in Annex III , . The home Member State shall, in accordance with its national legislation, take appropriate measures to ensure that its nationals do not vote more than once or stand as candidates in more than one Member State.




1.   Member States shall exchange the information required for the implementation of Article 4, sufficiently in advance of polling day. To that end, the Member State of residence shall begin supplying the home Member State, no later than 
16
 weeks before the first day of the electoral period referred to in Article 10(1) of the Act concerning the election of the members of the European Parliament by direct universal suffrage the set of information provided in Annex III. The home Member State shall, in accordance with its national legislation, take appropriate measures to ensure that its nationals do not vote more than once or stand as candidates in more than one Member State.






Amendment 49


Proposal for a directive


Article 14 — paragraph 1








Text proposed by the Commission




Amendment





Member States 
that provide for the possibilities of advance
 voting, postal voting, and electronic and 
internet
 voting, in elections to the European Parliament shall ensure the availability of those voting methods to Union voters under 
similar
 conditions as the ones applicable to their own nationals.


Member States 
shall consider the introduction of complementary
 voting 
tools such as
 postal voting
, advance physical voting
, 
proxy voting, mobile polling stations for voters who are unable to go to the polling stations on election day
 and electronic and 
online
 voting, in elections to the European Parliament
. Member States
 shall ensure the availability of those voting methods to Union voters under 
the same
 conditions as the ones applicable to their own nationals.





Amendment 50


Proposal for a directive


Article 15 — paragraph 1








Text proposed by the Commission




Amendment





Member States shall designate an authority with responsibility for collecting and providing relevant statistical data 
to the public and the Commission
, on the participation of Union citizens who are not nationals in elections to the European Parliament.


Member States shall designate an authority with responsibility for collecting and providing 
to the public and the Commission
 relevant statistical data 
based on common indicators
 on the participation of Union citizens who are not nationals in elections to the European Parliament.





Amendment 51


Proposal for a directive


Article 16








Text proposed by the Commission




Amendment







Article 16






deleted








Derogations




 







1.
   
If, in a given Member State, the proportion of Union citizens of voting age who reside in it but are not nationals of it exceeds 20 % of the total number of national and non-national Union citizens residing there who are of voting age, that Member State may, by way of derogation from Articles 3, 9 and 10:





 












(a)






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








 












(b)






restrict the right to stand as a candidate to Union citizens entitled to stand as candidates who have resided in that Member State for a minimum period, which may not exceed 10 years.








 






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




 






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




 







2.
   
Where 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 this Directive, refrain from applying Articles 6 to 13 in respect of such nationals.





 







3.
   
18 months prior to each election to the European Parliament, the Commission shall submit to the European Parliament and to the Council a report in which it shall check whether the grant to the Member States concerned of a derogation pursuant to Article 22 (2) TFEU is still warranted and shall propose that any necessary adjustments be made.





 






Member States which invoke derogations under paragraph 1 shall furnish the Commission with all the necessary background information.




 





Amendment 52


Proposal for a directive


Article 16 a (new)








Text proposed by the Commission




Amendment





 





Article 16 a




The exercise of the right of non-national Union citizens to vote and stand as candidates in the elections to the European Parliament shall apply to all electoral lists and constituencies established by the Act concerning the election of the members of the European Parliament by direct universal suffrage, including in the event of the establishment of a Union-wide constituency, in order to ensure that the principle of non-discrimination is upheld.








Amendment 53


Proposal for a directive


Article 17 — title








Text proposed by the Commission




Amendment





Reporting




Data collection and
 reporting





Amendment 54


Proposal for a directive


Article 17 — paragraph 1








Text proposed by the Commission




Amendment






1.   Within six months after each election to the European Parliament Member States shall send information to the Commission on the application of this Directive in their territory. In addition to general observations, the report shall contain statistical data on the participation in elections to the European Parliament of Union voters and Union citizens entitled to stand as candidates and a 
summary
 of the measures taken to support it.




1.   Within six months after each election to the European Parliament Member States shall send information to the Commission on the application of this Directive in their territory. In addition to general observations, the report shall contain statistical data on the participation in elections to the European Parliament of Union voters and Union citizens entitled to stand as candidates and a 
detailed overview
 of the measures taken to support it
, based on common indicators
. 
Member States shall also provide detailed information on the effectiveness of exchanges among them to prevent double voting.








Amendment 55


Proposal for a directive


Article 17 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
The Commission is empowered to adopt delegated acts in accordance with Article 20 establishing a template and the form of the data to be collected for the purposes of paragraph 1 of this Article.








Amendment 56


Proposal for a directive


Article 18 — paragraph 1








Text proposed by the Commission




Amendment





Within 
two years
 after 
the 2029 elections
 to the European Parliament, the Commission shall assess 
its
 application and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall also include a review on the functioning of Article 13.


Within 
18 months
 after 
each election
 to the European Parliament, the Commission shall assess 
the
 application 
of this Directive
 and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall also include a review on the functioning of Article 13. 
The evaluation shall be followed, if appropriate, by a legislative proposal to amend this Directive.







Amendment 57


Proposal for a directive


Article 20 — paragraph 3








Text proposed by the Commission




Amendment






3.   The delegation of power referred to in Articles 9, 10 and 13 may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.




3.   The delegation of power referred to in Articles 9, 10 and 13 
and Article 17(2a)
 may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.






Amendment 58


Proposal for a directive


Article 20 — paragraph 6








Text proposed by the Commission




Amendment






6.   A delegated act adopted pursuant to Articles 9, 10 and 13 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.




6.   A delegated act adopted pursuant to Articles 9, 10 and 13 
and Article 17(2a)
 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.






Amendment 59


Proposal for a directive


Annex I — row 4 a (new)








Text proposed by the Commission




Amendment





 




Language preferences in which you want to receive information related to the elections.







Amendment 60


Proposal for a directive


Annex II — paragraph 4








Text proposed by the Commission




Amendment





I have not been deprived of the right to stand as a candidate in my home Member State.


I have not been deprived of the right to stand as a candidate in my home Member State (1a)

.








(1)  OJ C 77, 28.3.2002, p. 1.

(24)  https://ec.europa.eu/info/files/eu-citizenship-report-2020-empowering-citizens-and-protecting-their-rights_en

(24)  https://ec.europa.eu/info/files/eu-citizenship-report-2020-empowering-citizens-and-protecting-their-rights_en

(27)  Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).

(27)  Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).

(1a)  
Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).



(30)  
Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).



(1a)  
Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).



(1a)  
Only if also required from nationals of the Member State of residence