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 municipal elections by Union citizens residing in a Member State of which they are not nationals (recast) (COM(2021)0733 — C9-0022/2022 — 2021/0373(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 electoral system, disabled person, local election, local government, residence, right to stand for election, right to vote




C_2023283EN.01010001.xml










11.8.2023   


EN


Official Journal of the European Union


C 283/100






P9_TA(2023)0038
Electoral rights of mobile Union citizens in municipal 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 municipal elections by Union citizens residing in a Member State of which they are not nationals (recast) (COM(2021)0733 — C9-0022/2022 — 2021/0373(CNS))
(Special legislative procedure — consultation — recast)
(2023/C 283/21)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2021)0733),










—


having regard to Article 22(1) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0022/2022),










—


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 Civil Liberties, Justice and Home 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 Constitutional Affairs,










—


having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0005/2023),










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 1 a (new)








Text proposed by the Commission




Amendment





 










(1a)






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. One of its tasks was to organise, in a manner demonstrating consistency and solidarity, relations between the peoples of the Member States. Its fundamental objectives included strengthening the protection of the rights and interests of the nationals of its Member States through the introduction of a citizenship of the Union.











Amendment 2


Proposal for a directive


Recital 3








Text proposed by the Commission




Amendment











(3)


The detailed arrangements governing the exercise of the right to vote and to stand as a candidate in municipal elections are set out in Council Directive 94/80/EC.












(3)


The detailed arrangements governing 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
 are set out in Council Directive 94/80/EC.









Amendment 3


Proposal for a directive


Recital 4








Text proposed by the Commission




Amendment











(4)


In the EU Citizenship Report 2020 (22), 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 municipal elections in order to ensure that they support the broad and inclusive participation of 
mobile
 Union citizens. Taking also into account the experience gained in its application to successive elections, and in order to take account of changes introduced by the amendments to the Treaties, several of the provisions of that Directive should be updated.












(4)


In the EU Citizenship Report 2020 (22), 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 municipal elections 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 its application to successive 
municipal
 elections, and in order to take account of 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)


The electoral procedure related to municipal elections falls within the competences of the Member States that organise them reflecting their specific traditions and in accordance with international and European standards. In line with International Covenant on Civil and Political Rights as well as the law of the European Convention on Human Rights, Member States should not only recognise 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 their participation in elections 
as possible
.












(5)


The electoral procedure related to municipal elections falls within the competences of the Member States that organise them reflecting their 
constitutional and
 specific traditions and in accordance with international and European standards. In line with 
the
 International Covenant on Civil and Political Rights
, the United Nations Convention on the Rights of Persons with Disabilities
 as well as the law of the European Convention on Human Rights, Member States should not only recognise and respect the right of Union citizens 
residing in a Member State of which they are not nationals
 to vote and to stand as a candidate 
in municipal elections
 but also ensure 
full and effective
 access to their electoral rights by removing 
all
 obstacles to their participation in 
municipal
 elections
, as well as by providing full access to relevant information
.









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 municipal elections 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 municipal elections 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 as 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 municipal elections 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 municipal elections 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 as the proofs for demonstrating compliance with such a condition.









Amendment 6


Proposal for a directive


Recital 7








Text proposed by the Commission




Amendment











(7)


In addition, non-national Union citizens should not be required to fulfil any special conditions in order to exercise the right to vote or stand in municipal elections unless, exceptionally, a different treatment of nationals and non-nationals is justified by circumstances specific to the latter distinguishing them from the former.












(7)


In addition, non-national Union citizens should not be required to fulfil any special conditions in order to exercise the right to vote or stand in municipal elections unless, exceptionally, a different treatment of nationals and non-nationals is justified by 
exceptional
 circumstances specific to the latter distinguishing them from the former. 
Any such difference in treatment needs, in any event, to be justified.











Amendment 7


Proposal for a directive


Recital 8








Text proposed by the Commission




Amendment











(8)


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 include 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.












(8)


In order to facilitate the exercise by 
non-national
 Union citizens of their right to vote and to stand as a candidate in their 
Member State
 of residence, 
Member States should endeavour to make immediate registration as a voter available, after Union citizens have expressed a wish to vote in their Member State of residence. Where immediate registration was not used,
 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 easily accessible and as similar
 as possible 
across Member States
. It should be sufficient for the Union citizens concerned to produce a valid identity card and 
in duly justified cases
 a formal declaration that include elements evidencing their entitlement to participate in the 
municipal
 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. 
Member States should establish distinct electoral rolls for municipal and European elections.











Amendment 8


Proposal for a directive


Recital 8 a (new)








Text proposed by the Commission




Amendment





 










(8a)






Member States should ensure that the requirements for registering as a candidate and for submitting a list of candidates respect democratic, proportionate and transparent standards and are applicable to both national and non-national Union citizens.











Amendment 9


Proposal for a directive


Recital 8 b (new)








Text proposed by the Commission




Amendment





 










(8b)






To enable Union citizens residing in a Member State of which they are not nationals to be eligible in practice to stand as candidates in municipal elections, national political parties should not make membership conditional on having the nationality of the Member State of election.











Amendment 10


Proposal for a directive


Recital 10








Text proposed by the Commission




Amendment











(10)


Disqualification from the right to stand as a candidate may be ordered by an individual decision of the authorities either of the Member State of residence or of the home Member State. In view of the political significance of the holding of elected municipal office, Member States should be entitled to obtain information from the home Member State related to the deprivation of the right to stand as a candidate in the candidate’s home Member State.












(10)


Disqualification from the right to stand as a candidate may be ordered by an individual decision of the authorities either of the Member State of residence or of the home Member State. In view of the political significance of the holding of elected municipal office, Member States should be entitled to 
directly
 obtain information from the home Member State related to the deprivation of the right to stand as a candidate in the candidate’s home Member State. 
Decisions depriving Union citizens of legal capacity due to disability taken by their home Member State should not render them ineligible to stand as candidates in their Member State of residence provided that the law of the Member State of residence upholds that right for all persons with such disabilities without restrictions.











Amendment 11


Proposal for a directive


Recital 11








Text proposed by the Commission




Amendment













(11)






Since the duties of the leadership of basic local government units may involve taking part in the exercise of official authority and in the safeguarding of the general interest, Member States should be able to reserve those offices for their nationals in full respect of the principle of proportionality .










deleted







Amendment 12


Proposal for a directive


Recital 12








Text proposed by the Commission




Amendment













(12)






It should likewise be possible for participation by elected municipal officers in the election of a parliamentary assembly to be reserved for own nationals.










deleted







Amendment 13


Proposal for a directive


Recital 14








Text proposed by the Commission




Amendment











(14)


The right conferred on non-national Union citizens to vote and to stand as a candidate in municipal elections in the Member State of residence is not a substitute for the right to vote and to stand as a candidate in the Member State of which the Union citizen is a national. It is therefore necessary to ensure that the freedom of Union citizens to choose whether or not to take part in municipal elections in the Member State in which they reside is respected and that those citizens are able to express their wish to exercise their right to vote in their Member State of residence . 
Provision may therefore be made by Member States where voting is not compulsory to automatically register those citizens on the electoral roll .














(14)


The right conferred on non-national Union citizens to vote and to stand as a candidate in municipal elections in the Member State of residence is not a substitute for the right to vote and to stand as a candidate in the Member State of which the Union citizen is a national. It is therefore necessary to ensure that the freedom of Union citizens to choose whether or not to take part in municipal elections in the Member State in which they reside is respected and that those citizens are able to express their wish to exercise their right to vote in their Member State of residence.









Amendment 14


Proposal for a directive


Recital 15








Text proposed by the Commission




Amendment











(15)


The accessibility of information on electoral rights and procedures is a key component in ensuring the effective exercise of the right enshrined in Article 20(2), point (b) and Article 22(1) TFEU.












(15)


The accessibility of information on electoral rights and procedures is a key component in ensuring the effective exercise of the right enshrined in Article 20(2), point (b) and Article 22(1) TFEU. 
Non-national Union citizens should have access to information about their electoral rights and about electoral procedures upon their arrival in the Member State, periodically and sufficiently in advance of the municipal elections. They should also be informed about the fact that there are distinct electoral rolls for the municipal elections and the elections for the European Parliament.











Amendment 15


Proposal for a directive


Recital 16








Text proposed by the Commission




Amendment











(16)


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(1) TFEU and the national rules and procedures regarding participation in and the organization of municipal elections. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms.












(16)


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(1) TFEU and the national rules and procedures regarding participation in and the organization of municipal elections
, and information on the electoral and political system, including the powers of basic local government units. Such authorities should coordinate information campaigns together with local authorities and, whenever possible civil society organisations, and they should use a wide range of information channels
. In order to ensure the effectiveness of communications, information should be provided in 
due time, on a regular basis and in
 clear and comprehensible terms
, ideally without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages
.









Amendment 16


Proposal for a directive


Recital 17








Text proposed by the Commission




Amendment











(17)


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
.












(17)


In order to improve the accessibility of electoral information, such information should be made available in 
all
 official 
languages of the Union and where offered by the authorities, in the preferred
 language of the Union 
voter, which they should be able to indicate at the time of registration. Where necessary, the Commission should provide support to
 Member States 
for the translation of information on the registration and electoral procedures into the
 official languages of the 
Union
.









Amendment 17


Proposal for a directive


Recital 18








Text proposed by the Commission




Amendment











(18)


Any derogation from the general rules of this Directive has to be warranted, pursuant to Article 22 (1) TFEU, by problems specific to a Member State and has to be in line with the requirements of Article 52 of the Charter, including the requirement that any limitations to the exercise of the right to vote and to stand as a candidate in municipal elections shall be provided by law and shall be subject to the principles of proportionality and necessity . Additionally, any derogation has, by its very nature, to be subject to review as provided by Article 47 of the Charter .












(18)


Any derogation from the general rules of this Directive has to be warranted, pursuant to Article 22 (1) TFEU, by problems specific to a Member State and has to be in line with the requirements of Article 52 of the Charter, including the requirement that any limitations to 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
 shall be provided by law and shall be subject to the principles of proportionality and necessity. Additionally, any derogation has, by its very nature, to be subject to review as provided by Article 47 of the Charter. 
In view of the limited use made by the Member States of the possibilities laid down in Directive 94/80/EC to derogate from its general rules, those possibilities for derogations should no longer be offered.











Amendment 18


Proposal for a directive


Recital 19








Text proposed by the Commission




Amendment













(19)






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. Where such citizens form more than 20 % of the total electorate, derogations are warranted . Such derogations are to be based on the criterion of period of residence.










deleted







Amendment 19


Proposal for a directive


Recital 20








Text proposed by the Commission




Amendment













(20)






Member States in which the proportion of non-national Union citizens of voting age exceeds 20 % of the total number of Union citizens of voting age who reside there should be able to lay down, in compliance with Article 22(1) TFEU, specific provisions concerning the composition of lists of candidates.










deleted







Amendment 20


Proposal for a directive


Recital 21








Text proposed by the Commission




Amendment













(21)






Account has to be taken of the fact that in certain Member States residents who are nationals of other Member States have the right to vote in elections to the national parliament and consequently the formalities provided for in this Directive can be eased.










deleted







Amendment 21


Proposal for a directive


Recital 22








Text proposed by the Commission




Amendment













(22)






The Kingdom of Belgium is characterized by specific features and balances linked to the fact that Articles 1 to 4 of its Constitution provide for three official languages and a territorial division into regions and communities, as a result of which full application of this Directive in certain communes might have effects such as to necessitate providing for the possibility of a derogation from the provisions of this Directive in order to take account of those specific features and balances;










deleted







Amendment 22


Proposal for a directive


Recital 23








Text proposed by the Commission




Amendment











(23)


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 municipal elections, it is necessary to introduce regular monitoring and reporting of implementation by Member States, which should include, besides statistical data, information on the measures taken to support participation in elections of non-national Union citizens. The Commission should assess the application of the Directive, including any changes in the electorate that have taken place since its entry into force and submit a report in this connection to the European Parliament and to the Council.












(23)


Data regarding the exercise of rights and the application of this Directive 
is important
 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 improve the collection 
and reporting
 of data 
by Member States
 for municipal elections, it is necessary to introduce regular monitoring and reporting of implementation by Member States, which should include, besides statistical data, information on the measures taken to support participation in elections of non-national Union citizens
, including for people with disabilities. Such data should be collected in a transparent and secure way across all Member States and on the basis of the same indicators. To that effect, the Commission should set up common indicators for the provision by the Member States of the statistical data concerned
. The Commission should assess the application of the Directive, including any changes in the electorate that have taken place since its entry into force and submit a report in this connection to the European Parliament and to the Council.









Amendment 23


Proposal for a directive


Recital 24








Text proposed by the Commission




Amendment











(24)


It is necessary that the Commission conduct its own evaluation of the application of this Directive within a reasonable timeframe from its entry into force, in close connection to the evaluation of the application of the Council Directive 93/109/EC (23) of 6 December 1993 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.












(24)


It is necessary that the Commission conduct its own evaluation of the application of this Directive within a reasonable timeframe from its entry into force, in close connection to the evaluation of the application of the Council Directive 93/109/EC (23) of 6 December 1993 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. 
The evaluation should be followed, where appropriate, by a legislative proposal to amend this Directive.











Amendment 24


Proposal for a directive


Recital 26








Text proposed by the Commission




Amendment











(26)


The Member States, by ratifying, and the Union, by concluding (25), have committed themselves to ensure compliance with the United Nations Convention on the Rights of Persons with Disabilities including on Article 29 on Participation in political and public life. 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 municipal elections should have due regard to the needs of citizens with a disability and older citizens.












(26)


The Member States, by ratifying, and the Union, by concluding (25), have committed themselves to ensure compliance with the United Nations Convention on the Rights of Persons with Disabilities including on Article 29 on Participation in political and public life. In order to 
ensure
 inclusive and equal electoral participation for persons with disabilities
, particularly taking into account the substantial impact local decisions can have on matters of accessibility and the life of persons with disabilities and older citizens
, 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 municipal elections should have due regard to the 
specific
 needs of citizens with a disability and older citizens. 
In particular, Member States should consider implementing appropriate arrangements tailored to their national voting procedures to facilitate voting by citizens with disabilities, such as the possibility to choose polling stations 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 allow for persons with disabilities to receive, at their request, assistance in voting by a person of their choice. Member States should strive to provide the possibility of postal voting and may provide for other complementary tools to facilitate voting, such as advance physical voting, proxy voting and electronic and online voting.











Amendment 25


Proposal for a directive


Article 2 — paragraph 1 — point d a (new)








Text proposed by the Commission




Amendment





 










(da)






‘Union voter’ means any Union citizen who has the right to vote in municipal elections in this person’s Member State of residence in accordance with this Directive;











Amendment 26


Proposal for a directive


Article 2 — paragraph 1 — point d b (new)








Text proposed by the Commission




Amendment





 










(db)






‘Union candidate’ means any Union citizen who has the right to stand as a candidate in municipal elections in this person’s Member State of residence in accordance with this Directive;











Amendment 27


Proposal for a directive


Article 4 — paragraph 1








Text proposed by the Commission




Amendment






1.   If, in order to vote or to stand as candidates, nationals of the Member State of residence must have spent a certain minimum period as a resident in the territory of that State, voters and 
persons entitled to stand as
 candidates 
pursuant to Article 3
 shall be deemed to have fulfilled that condition where they have resided for an equivalent period in other Member States.




1.   If, in order to vote or to stand as candidates, nationals of the Member State of residence must have spent a certain minimum period as a resident in the territory of that State, 
Union
 voters and 
Union
 candidates shall be deemed to have fulfilled that condition where they have resided for an equivalent period in other Member States.






Amendment 28


Proposal for a directive


Article 4 — paragraph 2








Text proposed by the Commission




Amendment






2.   If, under the laws of the Member State of residence, its own nationals may vote or stand as candidates only in the basic local government unit in which they have their principal residence, voters and 
persons entitled to stand as
 candidates 
pursuant to Article 3
 shall also be subject to that condition.




2.   If, under the laws of the Member State of residence, its own nationals may vote or stand as candidates only in the basic local government unit in which they have their principal residence, 
Union
 voters and 
Union
 candidates shall also be subject to that condition.






Amendment 29


Proposal for a directive


Article 5 — paragraph 1








Text proposed by the Commission




Amendment






1.   Member States of residence may provide that Union citizens who, through an individual decision under civil law or a criminal law decision, have been deprived of their right to stand as a candidate under the law of their home Member State shall be precluded from exercising that right in municipal elections.




1.   Member States of residence may provide that Union citizens who, through an individual decision under civil law or a criminal law decision, have been deprived of their right to stand as a candidate under the law of their home Member State, shall be precluded from exercising that right in municipal elections. 
However, decisions depriving Union citizens of legal capacity due to disability taken by their home Member State shall not render them ineligible to stand as candidates in municipal elections in their Member State of residence provided that the law of the Member State of residence upholds that right for all persons with such disabilities without restrictions.








Amendment 30


Proposal for a directive


Article 5 — paragraph 3








Text proposed by the Commission




Amendment








3.
   
Member States may provide that only their own nationals may hold the office of elected 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 their mandate.







deleted








The Member States may also lay down that the temporary or interim performance of the functions of a head, deputy or member of the governing college of the executive of a basic local government unit may be restricted to own nationals.




 






Having regard to the Treaty and to general legal principles, Member States may take appropriate, necessary and proportional measures to ensure that the offices referred to in the first subparagraph can only be held and the interim functions referred to in the second subparagraph can be performed only by their own nationals.




 





Amendment 31


Proposal for a directive


Article 5 — paragraph 4








Text proposed by the Commission




Amendment








4.
   
Member States may also provide that Union citizens elected as members of a representative council shall take part in neither the designation of delegates who can vote in a parliamentary assembly nor the election of the members of that assembly.







deleted







Amendment 32


Proposal for a directive


Article 6 — paragraph 1








Text proposed by the Commission




Amendment






1.   
Persons entitled to stand as
 candidates 
pursuant to Article 3
 shall be subject to the same conditions concerning incompatibility as apply, under the laws of the Member State of residence, to nationals of that State.




1.   
Union
 candidates shall be subject to the same conditions concerning incompatibility as apply, under the laws of the Member State of residence, to nationals of that State.






Amendment 33


Proposal for a directive


Article 7 — paragraph 1








Text proposed by the Commission




Amendment






1.   Voters fulfilling the conditions of Article 3 shall exercise their right to vote in municipal elections in the Member State of residence if they have expressed the wish to do so.




1.   
Union
 voters fulfilling the conditions of Article 3 shall exercise their right to vote in municipal elections in the Member State of residence if they have expressed the wish to do so.






Amendment 34


Proposal for a directive


Article 7 — paragraph 2








Text proposed by the Commission




Amendment






2.   If voting is compulsory in the Member State of residence, voters 
pursuant to Article 3
 who have been entered on the electoral roll there shall also be obliged to vote.




2.   If voting is compulsory in the Member State of residence, 
Union
 voters who have been entered on the electoral roll there shall also be obliged to vote.






Amendment 35


Proposal for a directive


Article 7 — paragraph 3








Text proposed by the Commission




Amendment






3.   Member States 
where voting is not compulsory may provide for the automatic
 registration of voters 
pursuant to Article 3
 on the electoral roll.




3.   Member States 
shall endeavour to introduce immediate
 registration of 
non-national Union citizens as Union
 voters on the electoral roll 
upon receiving the consent of the Union citizens concerned at the time of registering as a resident in the Member State of residence
. 
Union voters who have opted out of immediate registration shall be invited to register well in advance of the election period.








Amendment 36


Proposal for a directive


Article 8 — paragraph 1








Text proposed by the Commission




Amendment






1.   Member States shall take the necessary measures to enable a voter 
pursuant to Article 3
 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 to be entered on the electoral roll sufficiently in advance of polling day.






Amendment 37


Proposal for a directive


Article 8 — paragraph 2 — subparagraph 1








Text proposed by the Commission




Amendment





In order to have their name entered on the electoral roll, voters 
pursuant to Article 3
 shall produce the same documents as voters who are nationals .


In order to have their name entered on the electoral roll, 
Union
 voters shall produce the same 
or equivalent
 documents as voters who are nationals. 
They shall also produce a formal declaration in accordance with the template set out in Annex II.







Amendment 38


Proposal for a directive


Article 8 — paragraph 2 — subparagraph 2








Text proposed by the Commission




Amendment





The Member State of residence may also require 
a
 voter 
pursuant to Article 3 to produce a valid identity document, along with a formal declaration drawn up in accordance with the template set out in Annex II.




The Member State of residence may also require 
Union
 voter
s to:






 










(a)






produce a valid identity document;










 










(b)






indicate the date from which they have been resident in that Member State or in another Member State;










 










(c)






if they so wish, indicate one or more language preferences in which they would like to receive the information referred to in Article 12(2), selected among the official languages of the Union, or, where offered by the competent authority, other languages.











Amendment 39


Proposal for a directive


Article 8 — paragraph 3 — subparagraph 1








Text proposed by the Commission




Amendment






3.   Voters 
pursuant to Article 3
 who have been entered on an electoral roll in the Member State of residence shall remain thereon, under the same conditions as voters who are nationals, until such a time as they are removed because they no longer satisfy the requirements for exercising the right to vote. Where Member States provide for the notification of nationals of their removal from the electoral roll, those provisions shall apply equally to voters 
pursuant to Article 3
.




3.   
Union
 voters who have been entered on an electoral roll in the Member State of residence shall remain thereon, under the same conditions as voters who are nationals, until such a time as they are removed because they no longer satisfy the requirements for exercising the right to vote. Where Member States provide for the notification of nationals of their removal from the electoral roll, those provisions shall apply equally to 
Union voters. This notification shall be provided to Union
 voters 
in question in a Union language of this person’s preference indicated in the formal declaration, if the Union voter has provided such preference
.






Amendment 40


Proposal for a directive


Article 8 — paragraph 5








Text proposed by the Commission




Amendment






5.   Without prejudice to the rules of any Member State concerning the right to vote or to stand as a candidate of nationals who reside outside its territory, the fact that voters 
pursuant to Article 3
 have been entered on the electoral roll of their Member State of residence shall not result in their removal from the electoral roll of the home Member State.




5.   Without prejudice to the rules of any Member State concerning the right to vote or to stand as a candidate of nationals who reside outside its territory, the fact that 
Union
 voters have been entered on the electoral roll of their Member State of residence shall not result in their removal from the electoral roll of the home Member State.






Amendment 41


Proposal for a directive


Article 9 — paragraph 1








Text proposed by the Commission




Amendment






1.   When submitting an application to stand as candidates 
, persons entitled to stand as candidates pursuant to Article 3
 shall produce the same supporting documents as 
a candidate who is a national
. The Member State of residence may require the persons concerned to produce a formal declaration drawn up in accordance with the template set out in Annex III .




1.   When submitting an application to stand as candidates
, non-national Union citizens
 shall produce the same 
or equivalent
 supporting documents as 
candidates who are nationals
. The Member State of residence may require the persons concerned to produce a formal declaration drawn up in accordance with the template set out in Annex III.






Amendment 42


Proposal for a directive


Article 9 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment






2.   The Member State of residence may also require 
persons entitled to stand as
 candidates 
pursuant to of Article 3
 to:




2.   The Member State of residence may also require 
Union
 candidates to:






Amendment 43


Proposal for a directive


Article 9 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


state in the formal declaration which they produce in accordance with paragraph 1 when submitting their application to stand as candidates that they have not been deprived of the right to stand as a candidate in their home Member State;












(a)


state in the formal declaration which they produce in accordance with paragraph 1 when submitting their application to stand as candidates that they have not been deprived of the right to stand as a candidate in their home Member State
. In case of legitimate doubt regarding the content of the formal declaration, the Member State of residence may directly request to the home Member State of the non-national Union citizen, before or after the election, a certification that the person has not been deprived of the right to stand as a candidate in that Member State
;









Amendment 44


Proposal for a directive


Article 9 — paragraph 2 — point b








Text proposed by the Commission




Amendment













(b)






in case of doubt regarding the content of the declaration pursuant to point (a), to produce before or after the election an attestation from the competent administrative authorities in their home Member State certifying that they have not been deprived of the right to stand as a candidate in that State or that no such disqualification is known to those authorities;










deleted







Amendment 45


Proposal for a directive


Article 9 — paragraph 2 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






if they so wish, indicate one or more languages in which they would like to receive the information referred to in Article 12(2), selected from the official languages of the Union, or, where offered by the competent authority, other languages.











Amendment 46


Proposal for a directive


Article 10 — paragraph 1








Text proposed by the Commission




Amendment





Member States 
that
 provide for the possibility 
for nationals
 to vote by means of 
advance
 voting, postal voting, 
and
 electronic and internet voting in municipal elections shall ensure that such means of voting are also available under the same conditions to voters 
pursuant to Article 3
.


Member States 
shall endeavour to
 provide for the possibility to vote by means of 
postal
 voting 
in municipal elections. Where Member States allow their nationals to vote by means of
 postal voting, 
advance voting, proxy voting or
 electronic and internet voting in municipal elections
, they
 shall ensure that such means of voting are also available under the same conditions to 
Union
 voters.





Amendment 47


Proposal for a directive


Article 11 — paragraph 1








Text proposed by the Commission




Amendment






1.   The Member State of residence shall inform the concerned persons 
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 concerned persons of the decision taken on 
their immediate registration as a voter or
 their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate.






Amendment 48


Proposal for a directive


Article 11 — paragraph 2








Text proposed by the Commission




Amendment






2.   Should Union citizens not be entered on the electoral roll or have their application form entry refused or have their application to stand as a candidate rejected, 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.




2.   Should Union citizens not be entered on the electoral roll or have their 
immediate registration or
 application form entry refused or have their application to stand as a candidate rejected, the person concerned shall be entitled to 
effective
 legal remedies on 
the same
 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 49


Proposal for a directive


Article 11 — paragraph 3








Text proposed by the Commission




Amendment






3.   In case of errors in the electoral roll or in the list of candidates for municipal elections, 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 case of errors in the electoral roll or in the list of candidates for municipal elections, the person concerned shall be entitled to 
effective
 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 50


Proposal for a directive


Article 11 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
Member States shall inform, in a clear and plain language 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, in a language of the person’s preference indicated in the formal declaration, if the Union voter has indicated such a language preference.








Amendment 51


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 municipal elections.




1.   Member States shall designate a 
competent
 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 municipal elections. 
The information shall be provided by the relevant authorities in a coordinated way and, whenever possible, in cooperation with civil society organisations, upon registration as a resident and in a timely manner ahead of elections.








Amendment 52


Proposal for a directive


Article 12 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment






2.   The Member States shall ensure that the designated authority pursuant to paragraph 1, shall directly and individually communicate to voters and 
persons entitled to stand as
 candidates 
pursuant to Article 3,
 the following information:




2.   The Member States shall ensure that the designated authority pursuant to paragraph 1, shall directly and individually communicate to 
Union
 voters and 
Union
 candidates the following information:






Amendment 53


Proposal for a directive


Article 12 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


once available, the date of the election and how and where to vote,












(b)


once available, the date of the election and how and where to vote, 
including specific means of voting referred to in Article 10, where applicable;











Amendment 54


Proposal for a directive


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








Text proposed by the Commission




Amendment





 










(ba)






the specific measures to facilitate the exercise of the right to vote for particular groups of voters, such as persons with disabilities,











Amendment 55


Proposal for a directive


Article 12 — paragraph 2 — point b b (new)








Text proposed by the Commission




Amendment





 










(bb)






information on the electoral and political system, including the powers of basic local government units,











Amendment 56


Proposal for a directive


Article 12 — paragraph 3 — subparagraph 1








Text proposed by the Commission




Amendment





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


The information on conditions and detailed rules for registration as a voter or candidate in municipal elections 
referred to in paragraph 1 and any other information communicated pursuant to this Directive shall be provided in clear and plain language. The information referred to in paragraph 1 shall be provided in all official languages of the Union, while
 the information referred to in paragraph 2 shall be 
communicated to the person concerned in a
 language 
of this person’s preference, indicated in the formal declaration, if the Union voter has provided such preference
.





Amendment 57


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 European Union citizens residing on its territory, in accordance with the quality requirements in Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council

 (28)

.






deleted







Amendment 58


Proposal for a directive


Article 12 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
The Commission shall ensure that the information relating to 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, under Article 20(2), point (b), and Article 22(1) TFEU, and the information referred to in paragraphs 1 and 2 of this Article, is made available to those citizens in a clear and accessible manner, in all official languages of the Union, where necessary, including via Europe Direct and Your Europe.








Amendment 59


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 municipal elections 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 municipal elections and information referred to in paragraph 2 is made accessible to persons with disabilities, older persons
, people in remote areas, minority groups and those who face difficulties in voting generally by applying accessibility requirements as laid down in Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council

 (1a) and by using means, modes and formats of communication 
that are appropriate to them, such as sign language, Braille or easy-to-read format
. 
Member States may ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice.








Amendment 60


Proposal for a directive


Article 13








Text proposed by the Commission




Amendment







Article 13






deleted








Derogations




 







1.
   
Where, 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 this Directive:





 












(a)






restrict the right to vote to voters pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than the term for which the representative council of the municipality is elected;








 












(b)






restrict the right to stand as a candidate to persons entitled to stand as candidates pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than twice the term for which the representative council of the municipality is elected; and








 












(c)






take appropriate measures with regard to the composition of lists of candidates to encourage in particular the integration of Union citizens, who are nationals of another Member State.








 







2.
   
The Kingdom of Belgium may, by way of derogation from the provisions of this Directive, apply the provisions of paragraph 1 point (a) 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.





 







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 this Directive, refrain from applying Articles 6 to 11 in respect of such persons.





 







4.
   
Every six years after the entry into force of this Directive, 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 (1) TFEU is still warranted and shall propose that any necessary adjustments be made. Member States which invoke derogations under paragraphs 1 and 2 shall furnish the Commission with all the necessary background information.





 





Amendment 61


Proposal for a directive


Article 14 — title








Text proposed by the Commission




Amendment





Reporting




Data collection and
 reporting





Amendment 62


Proposal for a directive


Article 14 — paragraph 1








Text proposed by the Commission




Amendment






1.   Within three years of the entry into force of this Directive and every four years thereafter, the Member States shall report to the Commission on the application of this Directive in their territory, including on the application of Article 5(3) and (4). The report shall contain statistical data on the participation in municipal elections of voters and candidates 
pursuant to Article 3
 and a summary of measures taken 
in that regard
.




1.   Within three years of the entry into force of this Directive and every four years thereafter, the Member States shall report to the 
public and to the
 Commission on the application of this Directive in their territory, including on the application of Article 5(3) and (4). 
In addition to general observations,
 the report shall contain statistical data on the participation in municipal elections of 
Union
 voters and 
Union
 candidates and a summary of measures taken 
to facilitate and encourage their participation. Those data shall be collected in a transparent, uniform, and secure way, based on common indicators
.






Amendment 63


Proposal for a directive


Article 14 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 





1a.
   
The Commission is empowered to adopt delegated acts in accordance with Article 16 concerning the setting up of the common indicators for the collection of statistical data referred to in paragraph 1.








Amendment 64


Proposal for a directive


Article 15 — paragraph 1








Text proposed by the Commission




Amendment





Within two years after the 2029 elections 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.


Within two years after the 2029 elections 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 be accompanied, if appropriate, by a legislative proposal to amend this Directive.







Amendment 65


Proposal for a directive


Article 16 — paragraph 2








Text proposed by the Commission




Amendment






2.   The power to adopt delegated acts referred to in Articles 
2, 8 and 9
 shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Directive.




2.   The power to adopt delegated acts referred to in Article 
2(2), Article 8(4), Article 9(3) and Article 14(1a)
 shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force of this Directive].






Amendment 66


Proposal for a directive


Article 16 — paragraph 3








Text proposed by the Commission




Amendment






3.   The delegation of power referred to in Articles 
2, 8 and 9
 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 Article 
2(2), Article 8(4), Article 9(3) and Article 14(1a)
 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 67


Proposal for a directive


Article 16 — paragraph 6








Text proposed by the Commission




Amendment






6.   A delegated act adopted pursuant to Articles 
2, 8 and 9
 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 European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.




6.   A delegated act adopted pursuant to Article 
2(2), Article 8(4), Article 9(3) and Article 14(1a)
 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 European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.






Amendment 68


Proposal for a directive


Article 19 — paragraph 2








Text proposed by the Commission




Amendment





Articles 1 to 7, 8(1)
, 11(2) and 13
 shall apply from 31 December 2023.


Articles 1 to 7, Article 8(1) 
and Article 11(2)
 shall apply from 31 December 2023.





Amendment 69


Proposal for a directive


Annex II — title








Text proposed by the Commission




Amendment





 




ANNEX II — Formal declaration submitted by Union voters







Amendment 70


Proposal for a directive


Annex II — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




I declare that I accept future communication related to voting in the municipal elections in one or more of the following languages:







Amendment 71


Proposal for a directive


Annex II — table 1 a (new)


Text proposed by the Commission


Amendment









I have been a resident in … (Name of residence Member State) for … (Period)

 (1a)







Place/date:




 






Signature:




 





Amendment 72


Proposal for a directive


Annex III — title








Text proposed by the Commission




Amendment





 




ANNEX III — Formal declaration submitted by Union candidates







Amendment 73


Proposal for a directive


Annex III — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




I declare that I accept future communication related to standing as a candidate in the municipal elections in one or more of the following languages:







Amendment 74


Proposal for a directive


Annex III — table 1 a (new)


Text proposed by the Commission


Amendment









I have been a resident in … (Name of residence Member State) for … (Period)

 (1a)







Place/date:




 






Signature:




 






(1)  OJ C 77, 28.3.2002, p. 1.

(22)  EU Citizenship Report 2020 Empowering citizens and protecting their rights, COM/2020/730 final.

(22)  EU Citizenship Report 2020 Empowering citizens and protecting their rights, COM/2020/730 final.

(23)  Council Directive 93/109/EC of 6 December 1993 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).

(23)  Council Directive 93/109/EC of 6 December 1993 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).

(25)  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).

(25)  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).

(28)  
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. 1–38)



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



(1a)  Only if required by national legislation.

(1a)  Only if required by national legislation.