Activities of Domènec RUIZ DEVESA related to 2021/0373(CNS)
Shadow reports (1)
REPORT 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)
Amendments (45)
Amendment 1 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The Treaty on European Union marked a new stage in the process of creating an ever-closer union among the peoples of Europe. One of its tasks was to organize, 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 7 #
Proposal for a directive
Recital 5
Recital 5
(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 accessfull and effective access to information and to their electoral rights by removing as manyll obstacles to their participation in elections as possible.
Amendment 16 #
Proposal for a directive
Recital 8
Recital 8
(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. Those Union citizens that have expressed their will to vote in the municipal elections of their Member State of residence, are ideally entered immediately in the electoral roll upon registration for residence, as per their consent. The formalities applicable to their registration should be as simple as pond easily accessible. 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.
Amendment 23 #
Proposal for a directive
Recital 10
Recital 10
(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.
Amendment 24 #
Proposal for a directive
Recital 5
Recital 5
(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 manyll obstacles to their participation in elections as possible.
Amendment 24 #
Proposal for a directive
Recital 11
Recital 11
Amendment 29 #
Proposal for a directive
Recital 8
Recital 8
(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. Union citizens that have expressed their wish to vote in the municipal election of their Member State of residence should be entered on the electoral roll automatically upon their registration for residence. 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.
Amendment 30 #
Proposal for a directive
Recital 12
Recital 12
Amendment 32 #
Proposal for a directive
Recital 11
Recital 11
Amendment 34 #
Proposal for a directive
Recital 12
Recital 12
Amendment 42 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to improve the accessibility of electoral information, such information should be made available, where possible in the native language of the non- national, or 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.
Amendment 43 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to improve the accessibility of electoral information, such information should be made available in at least one otherll 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 thereiWhen necessary, the European Commission should provide support to Member States for the translation of registration and electoral procedures into the official languages of the European Union.
Amendment 47 #
Proposal for a directive
Recital 26
Recital 26
(26) The Member States, by ratifying, and the Union, by concluding25 , 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. Furthermore, Member States should ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice. _________________ 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).
Amendment 49 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 50 #
Proposal for a directive
Recital 19
Recital 19
Amendment 52 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States where voting is not compulsory mayshall provide for the automatic registration of voters pursuant to Article 3 on the electoral roll. The automatic registration shall require the consent of the non-national Union citizen.
Amendment 53 #
Proposal for a directive
Recital 20
Recital 20
Amendment 56 #
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
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. This notification shall be provided, where possible in the native language of the non-national, or in at least one other official language of the Union other than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory
Amendment 58 #
Proposal for a directive
Recital 23
Recital 23
(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 dataand reporting of data by Member States for municipal elections, it is necessary to introduce regular monitoring and to harmonise the reporting of implementation by Member States, which should include, besides common 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.
Amendment 65 #
Proposal for a directive
Recital 26
Recital 26
(26) The Member States, by ratifying, and the Union, by concluding25 , 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. Furthermore, Member States should ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice. _________________ 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).
Amendment 68 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. The designated authority shall inform the Union citizens entitled to vote and to stand as candidates in municipal elections pursuant to Article 3 on the history, features and peculiarities of the relevant municipal elections of the Member State.
Amendment 70 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
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 where possible in the native language of the Union citizen, or 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 Council28 . _________________ 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)
Amendment 71 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
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. applying accessibility requirements laid down in Annex I of Directive (EU) 2019/8821a and by using appropriate means, modes and formats of communication, such as sign language, Braille or easy-to-read format, in Union official languages understandable to them. Member States may ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice. _________________ 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).
Amendment 76 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Decisions on deprivation of the right to vote or to stand as candidate due to legal incapacitation of EU citizens with disabilities in their home Member State shall not make them ineligible from standing as candidate in the municipal elections in their Member State of residence provided that the law allows it for its own nationals under the same conditions.
Amendment 77 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. An application from any Union citizen to stand as a candidate in municipal elections in the Member State of residence may be declared inadmissible where that citizen is unable to produce the declaration referred to in Article 9 (2) point (a) or the attestation referred to in Article 9 (2) point (b)., when such requirement is also applicable to nationals of the Member State of residence;
Amendment 78 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 81 #
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
Amendment 84 #
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
Amendment 87 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 94 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Both Member States where voting is not compulsory and Member States where voting is compulsory, may provide for the automatic registration of voters pursuant to Article 3 on the electoral roll. The automatic registration shall require the consent of the non-national Union citizen.
Amendment 100 #
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
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. This notification shall be provided in a language understandable to the non-national Union citizen.
Amendment 107 #
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(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; when such requirement applies also nationals of the Member State of residence. In case of doubt regarding the content of the declaration, the Member State of residence may directly request to the Member State of origin 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 State;
Amendment 108 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 117 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Member State of residence shall inform the concerned persons in good time and in clear and plain language understandable to them 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.
Amendment 123 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
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 similarthe 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 130 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Municipal authorities of the Member States of residence shall develop and increase awareness-raising and information campaigns concerning the right to vote and to stand as a candidate in municipal elections for non-national Union citizens, among others through cooperation with civil society organisations;
Amendment 137 #
Proposal for a directive
Article 12 – paragraph 2 – point c a (new)
Article 12 – paragraph 2 – point c a (new)
(ca) relevant features of the municipal elections of the Member State
Amendment 142 #
Proposal for a directive
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. 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 understandable to the voter and person entitled to stand as candidates.
Amendment 145 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Amendment 150 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
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 communicationapplying accessibility requirements laid down in Annex I of Directive (EU) 2019/8821a and by using appropriate means, modes and formats of communication, such as sign language, Braille or easy-to-read format, in Union official languages understandable to them. Member States may ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice.
Amendment 156 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 161 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
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 uniform statistical data on the participation in municipal elections of voters and candidates pursuant to Article 3 and a summary of measures taken in that regardto facilitate and encourage participation.
Amendment 170 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
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 report shall, if appropriate, be accompanied by a legislative proposal.
Amendment 179 #
Proposal for a directive
Annex II – paragraph 1 a (new)
Annex II – paragraph 1 a (new)
I wish to receive all future information related to the municipal elections in one of the following EU official languages:
Amendment 180 #
Proposal for a directive
Annex III – paragraph 1 a (new)
Annex III – paragraph 1 a (new)
I wish to receive all future information related to the municipal elections in one of the following EU official languages: