natgillin/translations-raw huggingface dataset:
However, while trying to respect the freedom of the citizen to choose where to exercise his or her electoral rights, it chose to interpret the Treaty narrowly by conflating the two specific rights, the right to vote and the right to stand as a candidate.
However, while trying to respect the freedom of the citizen to choose where to exercise his or her electoral rights, it chose to interpret the Treaty narrowly by conflating the two specific rights, the right to vote and the right to stand as a candidate.
As far as the right to be on the electoral roll is concerned, it is the case that very many people can be registered to vote in more than one place at different residencies both within their own and other member states.
As far as the right to be on the electoral roll is concerned, it is the case that very many people can be registered to vote in more than one place at different residencies both within their own and other member states.
The legislation sought to ensure that, despite multiple registrations, the citizen actually voted only once.
The legislation sought to ensure that, despite multiple registrations, the citizen actually voted only once.
It applied the same approach to candidature .
It applied the same approach to candidature .
In 1993 a complicated system of information exchange was put in place whereby (i) the citizen wishing to enrol has to provide, beyond the normal identity and residency checks, a formal declaration of his or her intention to vote or to stand only once, and, if wishing to be a candidate, an official attestation from a competent authority of the home state that he or she is not disqualified from standing; (ii) the authorities in the member state of residence have to check whether the individual is banned from exercising his or her electoral rights in their home member state and, in any case, they have to inform the home member state of the identity of its nationals registered to vote and stand in their place of residence; and (iii) the authorities of the home state have to ensure that the same individuals do not vote or stand at home.
In 1993 a complicated system of information exchange was put in place whereby (i) the citizen wishing to enrol has to provide, beyond the normal identity and residency checks, a formal declaration of his or her intention to vote or to stand only once, and, if wishing to be a candidate, an official attestation from a competent authority of the home state that he or she is not disqualified from standing; (ii) the authorities in the member state of residence have to check whether the individual is banned from exercising his or her electoral rights in their home member state and, in any case, they have to inform the home member state of the identity of its nationals registered to vote and stand in their place of residence; and (iii) the authorities of the home state have to ensure that the same individuals do not vote or stand at home.
Some problems
Some problems
Practical experience suggests that the administrative procedures for the necessary information exchange are too cumbersome either to work efficiently or to be effective in time.
Practical experience suggests that the administrative procedures for the necessary information exchange are too cumbersome either to work efficiently or to be effective in time.
In particular, the need to provide a formal attestation of eligibility to stand as a candidate proves to be an insurmountable obstacle in the case of most member states.
In particular, the need to provide a formal attestation of eligibility to stand as a candidate proves to be an insurmountable obstacle in the case of most member states.
It has become clear that electoral law and its national and/or decentralised local supervision remain hugely diverse across the EU-27, and, equally, that approximation of these national practices championed by the EU would be very time-consuming, costly and intrusive.
It has become clear that electoral law and its national and/or decentralised local supervision remain hugely diverse across the EU-27, and, equally, that approximation of these national practices championed by the EU would be very time-consuming, costly and intrusive.
Specific problems relate to the identification of the competent authority, the formatting of data, lack of deadlines, and transliteration.
Specific problems relate to the identification of the competent authority, the formatting of data, lack of deadlines, and transliteration.
As we know, turnout in the European Parliamentary elections has fallen steadily from 63% in 1979 to below 46% in 2004.
As we know, turnout in the European Parliamentary elections has fallen steadily from 63% in 1979 to below 46% in 2004.
Although accurate data is hard to come by, it appears that very few EU citizens have been registering to vote outside their home state.
Although accurate data is hard to come by, it appears that very few EU citizens have been registering to vote outside their home state.
In 2004 only 57 non-nationals stood as candidates
In 2004 only 57 non-nationals stood as candidates
Out of a total of 8974 candidates. .
Out of a total of 8974 candidates. .
Nevertheless, the Commission's research has identified a gradual rise in the number of people wishing to exercise their right to vote outside their home state
Nevertheless, the Commission's research has identified a gradual rise in the number of people wishing to exercise their right to vote outside their home state
The Commission's tentative figures suggest a doubling of the number from 1994 to 2004. .
The Commission's tentative figures suggest a doubling of the number from 1994 to 2004. .
With the increased mobility of the population subsequent to the 2004 enlargement, we can expect that trend to continue.
With the increased mobility of the population subsequent to the 2004 enlargement, we can expect that trend to continue.
One reason for such low participation to date is that non-nationals are discouraged ‑ and in some cases even prohibited ‑ from joining political parties in their state of residence.
One reason for such low participation to date is that non-nationals are discouraged ‑ and in some cases even prohibited ‑ from joining political parties in their state of residence.
The Commission is right to be concerned about this state of affairs, and Parliament should encourage all further efforts to inform non-nationals of their electoral rights (under Article 12 of Directive 93/109/EC).
The Commission is right to be concerned about this state of affairs, and Parliament should encourage all further efforts to inform non-nationals of their electoral rights (under Article 12 of Directive 93/109/EC).
Political parties should be welcoming to all EU citizens whatever their nationality.
Political parties should be welcoming to all EU citizens whatever their nationality.
Political parties at European level have a particular duty to encourage the active engagement of EU citizens in the political processes of the European Union;
Political parties at European level have a particular duty to encourage the active engagement of EU citizens in the political processes of the European Union;
Proposed changes
Proposed changes
Having conducted its study of the 2004 elections and having consulted widely, the Commission concludes that there is very little evidence of double voting in European Parliamentary elections
Having conducted its study of the 2004 elections and having consulted widely, the Commission concludes that there is very little evidence of double voting in European Parliamentary elections
Rather, it might be said that the lack of people voting once is more of an issue than the threat of people voting twice (or more). .
Rather, it might be said that the lack of people voting once is more of an issue than the threat of people voting twice (or more). .
It considered a number of options, including staying with the present system with its depressing effect on the number of individuals choosing to exploit their wider electoral rights as derived from EU citizenship.
It considered a number of options, including staying with the present system with its depressing effect on the number of individuals choosing to exploit their wider electoral rights as derived from EU citizenship.
The Commission therefore proposes a number of measures designed to simplify the procedure and to lessen the burden on electoral authorities and individuals.
The Commission therefore proposes a number of measures designed to simplify the procedure and to lessen the burden on electoral authorities and individuals.
It proposes to scrap the current information exchange system but maintain the individual declaration not to vote or stand twice, strengthen ex-post checks and increase penalties for infringement.
It proposes to scrap the current information exchange system but maintain the individual declaration not to vote or stand twice, strengthen ex-post checks and increase penalties for infringement.
The special attestation of eligibility for candidates would also be abolished.
The special attestation of eligibility for candidates would also be abolished.
In the view of the rapporteur, Parliament should welcome these technical proposals without reservation.
In the view of the rapporteur, Parliament should welcome these technical proposals without reservation.
Parliament should also welcome the intention to give effect to these changes in time for the 2009 elections, the inclusion of a revision clause post-2009, and the requirement for member states to inform the Commission about how they transpose the directive into national law.
Parliament should also welcome the intention to give effect to these changes in time for the 2009 elections, the inclusion of a revision clause post-2009, and the requirement for member states to inform the Commission about how they transpose the directive into national law.
Parliament should insist that it is kept fully informed by the Commission about the progress of transposition.
Parliament should insist that it is kept fully informed by the Commission about the progress of transposition.
Parliament’s objectives
Parliament’s objectives
While Parliament would have no difficulty with the technical substance of the changes proposed, there remains the matter of the interpretation of the primary law which interpretation, in the view of the rapporteur, is excessively narrow in respect of giving effect to the right to stand as a candidate in a member state other than one’s own.
While Parliament would have no difficulty with the technical substance of the changes proposed, there remains the matter of the interpretation of the primary law which interpretation, in the view of the rapporteur, is excessively narrow in respect of giving effect to the right to stand as a candidate in a member state other than one’s own.
The problem is particularly acute with respect to potential candidates who hold dual nationality.
The problem is particularly acute with respect to potential candidates who hold dual nationality.
Parliament’s interest is in maximising the number of people who choose to exercise their electoral rights to the full.
Parliament’s interest is in maximising the number of people who choose to exercise their electoral rights to the full.
In the age of increased citizen mobility across the internal frontiers of the Union, it is desirable to make electoral rights as portable as possible within the single political market.
In the age of increased citizen mobility across the internal frontiers of the Union, it is desirable to make electoral rights as portable as possible within the single political market.
One recalls that the 1976 Act prohibits double voting (Article 9).
One recalls that the 1976 Act prohibits double voting (Article 9).
It does not prohibit standing as a candidate in more than one electoral constituency.
It does not prohibit standing as a candidate in more than one electoral constituency.
The matter of candidature, therefore, remains a matter for national law (Article 8).
The matter of candidature, therefore, remains a matter for national law (Article 8).
The ‘detailed arrangements’ prescribed for this Directive in Article 19(2) must be limited to what is strictly necessary to give effect to the two intended rights – that is, both to vote and to stand in a state other than one’s own.
The ‘detailed arrangements’ prescribed for this Directive in Article 19(2) must be limited to what is strictly necessary to give effect to the two intended rights – that is, both to vote and to stand in a state other than one’s own.
This includes arrangements for member states to ensure that the law is observed.
This includes arrangements for member states to ensure that the law is observed.
The Council may not, however, introduce new conditions at the EU level for the exercise of the right to stand as a candidate other than or beyond those foreseen in national law.
The Council may not, however, introduce new conditions at the EU level for the exercise of the right to stand as a candidate other than or beyond those foreseen in national law.
Directive 93/109 is therefore disproportionate in at least three respects.
Directive 93/109 is therefore disproportionate in at least three respects.
First, according to its Article 3(b), the citizen can vote or stand ‘unless deprived of those rights pursuant to Articles 6 and 7’.
First, according to its Article 3(b), the citizen can vote or stand ‘unless deprived of those rights pursuant to Articles 6 and 7’.
Under Article 7 the state of residence is obliged to stop a citizen from voting as soon as it is proven that this person is deprived of those rights ‘through an individual civil law or criminal law decision’ in the home state.
Under Article 7 the state of residence is obliged to stop a citizen from voting as soon as it is proven that this person is deprived of those rights ‘through an individual civil law or criminal law decision’ in the home state.
The state of residence must take such preventative action regardless of whether the individual would have been deprived of his or her electoral rights according to the national law of the state of residence concerned for the same misdemeanour and in the same manner.
The state of residence must take such preventative action regardless of whether the individual would have been deprived of his or her electoral rights according to the national law of the state of residence concerned for the same misdemeanour and in the same manner.
The state of residence is not entitled to use its discretion on a case by case basis in the light of its own national legislation.
The state of residence is not entitled to use its discretion on a case by case basis in the light of its own national legislation.
Therefore, it could be that an individual is unfairly penalised and discriminated against on the grounds of his or her nationality.
Therefore, it could be that an individual is unfairly penalised and discriminated against on the grounds of his or her nationality.
Moreover, under Article 6(1) a citizen is precluded from standing if legally deprived of his or her right to stand ‘under either the law of the Member State of residence or the law of his home Member State’.
Moreover, under Article 6(1) a citizen is precluded from standing if legally deprived of his or her right to stand ‘under either the law of the Member State of residence or the law of his home Member State’.
The second aspect provokes the same criticism as formulated above with respect to the right to vote.
The second aspect provokes the same criticism as formulated above with respect to the right to vote.
Interestingly, this blanket prohibition only pertains to European Parliamentary elections.
Interestingly, this blanket prohibition only pertains to European Parliamentary elections.
As far as municipal elections are concerned, the state of residence has a power of discretion: ‘… may provide that … shall be precluded …’
As far as municipal elections are concerned, the state of residence has a power of discretion: ‘… may provide that … shall be precluded …’
Article 5(1) of Council Directive 94/80/EC of December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals, OJ L 368 of 31/12/1994, p.38. .
Article 5(1) of Council Directive 94/80/EC of December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals, OJ L 368 of 31/12/1994, p.38. .
Finally, and in apparent breach of the 1976 Act, Article 4 of the 1993 Directive lays down categorically that: ‘No one may stand as a candidate in more than one Member State at the same election.’
Finally, and in apparent breach of the 1976 Act, Article 4 of the 1993 Directive lays down categorically that: ‘No one may stand as a candidate in more than one Member State at the same election.’
Such a prohibition goes beyond what is strictly necessary to ensure that an EU citizen stands as a candidate under the same conditions as the state of residence ‘imposes by law on its own nationals’ (Article 3(b)).
Such a prohibition goes beyond what is strictly necessary to ensure that an EU citizen stands as a candidate under the same conditions as the state of residence ‘imposes by law on its own nationals’ (Article 3(b)).
This prohibition is disproportionate because a member state may very well take the view that it has no objection under its national law to multiple candidatures.
This prohibition is disproportionate because a member state may very well take the view that it has no objection under its national law to multiple candidatures.
Indeed, many member states permit multiple candidatures within their own state.
Indeed, many member states permit multiple candidatures within their own state.
(Needless to add, a candidate successful in being elected in more than one constituency has to choose the place for which he or she will sit in the Parliament.)
(Needless to add, a candidate successful in being elected in more than one constituency has to choose the place for which he or she will sit in the Parliament.)
In short, the Parliament, in being consulted about this Directive, should pose two questions:
In short, the Parliament, in being consulted about this Directive, should pose two questions:
Why should being deprived of the right to vote or stand as a candidate in one member state automatically deprive the citizen of the same rights in another?
Why should being deprived of the right to vote or stand as a candidate in one member state automatically deprive the citizen of the same rights in another?
Why should a candidate not be able to stand in more than one member state at the same time?
Why should a candidate not be able to stand in more than one member state at the same time?
на вниманието на комисията по конституционни въпроси
for the Committee on Constitutional Affairs
относно предложението за директива на Съвета за изменение на Директива 93/109/ЕО на Съвета от 6 декември 1993 година за определяне на условията и реда за упражняване на правото да избират и да бъдат избирани в избори за Европейски парламент от граждани на Съюза, пребиваващи в държава-членка, на която не са граждани
on the proposal for a Council directive amending Directive 93/109/EC of 6 December 1993 as regards certain detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals
Under Article 19 of the Treaty establishing the European Community, ‘ every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate at European Parliament elections in the Member State in which he resides, under the same conditions as nationals of that State’ .
Under Article 19 of the Treaty establishing the European Community, ‘ every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate at European Parliament elections in the Member State in which he resides, under the same conditions as nationals of that State’ .
The detailed arrangements for the exercise of the right to vote and stand as a candidate are laid down in Directive 93/109/CE.
The detailed arrangements for the exercise of the right to vote and stand as a candidate are laid down in Directive 93/109/CE.
The objectives of this Directive are to ensure the participation of all citizens of the Union in European Parliament elections, to encourage all citizens to participate in these elections, and to guarantee the same electoral rights for all citizens residing in the same country (nationals or non-nationals)
The objectives of this Directive are to ensure the participation of all citizens of the Union in European Parliament elections, to encourage all citizens to participate in these elections, and to guarantee the same electoral rights for all citizens residing in the same country (nationals or non-nationals)
The Directive states that no citizen may vote more than once or stand as a candidate in more than one Member State in the same election (Article 4 of the Directive)
The Directive states that no citizen may vote more than once or stand as a candidate in more than one Member State in the same election (Article 4 of the Directive)
Also Article 8 of the Act of 20 September 1976 concerning the election of the representatives of the European Parliament by direct universal suffrage. .
Also Article 8 of the Act of 20 September 1976 concerning the election of the representatives of the European Parliament by direct universal suffrage. .
However, in light of the experience of the European elections in June 2004, the Commission felt it would be possible to simplify the procedure and therefore presented this proposal for a directive.
However, in light of the experience of the European elections in June 2004, the Commission felt it would be possible to simplify the procedure and therefore presented this proposal for a directive.
The Directive plans to abolish the obligation for Member States to exchange information (Article 13), to strengthen the provisions for sanctions in the event of a false declaration (Article 13), and to abolish the obligation for candidates to provide an attestation that they are eligible to stand as a candidate (Articles 6 and 10).
The Directive plans to abolish the obligation for Member States to exchange information (Article 13), to strengthen the provisions for sanctions in the event of a false declaration (Article 13), and to abolish the obligation for candidates to provide an attestation that they are eligible to stand as a candidate (Articles 6 and 10).
Scope of the Directive
Scope of the Directive
This Directive is concerned only with citizens of the Union residing in a Member State of which they are not nationals.
This Directive is concerned only with citizens of the Union residing in a Member State of which they are not nationals.
As such, the Directive does not discuss
As such, the Directive does not discuss
- citizens with dual nationality
- citizens with dual nationality
- third-country nationals
- third-country nationals
Dual nationality
Dual nationality
In its Communication on the 2004 European elections
In its Communication on the 2004 European elections
COM(2006)0790 . , the Commission discussed the problems that may be linked to dual or multiple nationality (of more than one Member State).
COM(2006)0790 . , the Commission discussed the problems that may be linked to dual or multiple nationality (of more than one Member State).
In such cases, it is impossible to ensure that a citizen does not vote more than once, which is a breach of Article 8 of the Act of 20 September 1976 concerning the election of the representatives of the European Parliament by direct universal suffrage.
In such cases, it is impossible to ensure that a citizen does not vote more than once, which is a breach of Article 8 of the Act of 20 September 1976 concerning the election of the representatives of the European Parliament by direct universal suffrage.