Activities of Nathalie COLIN-OESTERLÉ related to 2021/0373(CNS)
Shadow opinions (1)
OPINION on the Proposal for a Council Directive laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast)
Amendments (34)
Amendment 6 #
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 specificconstitutional 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 and effective access to their electoral rights and to information by removing as manyll obstacles to their participation in elections as possible.
Amendment 13 #
Proposal for a directive
Recital 7
Recital 7
(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 must, in any event, be justified.
Amendment 15 #
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 able to be entered on the electoral roll in sufficient time in advance of polling day. Where voting is not compulsory, Member States should be encouraged to enter such citizens on the electoral roll automatically when they are registered as residents. 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, where necessary, 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 of their rights, the holding of elections and the voting procedures.
Amendment 20 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) To enable European 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 23 #
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 specificconstitutional 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 and effective access to their electoral rights and to information by removing as manyll obstacles to their participation in elections as possible.
Amendment 26 #
Proposal for a directive
Recital 7
Recital 7
(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 must, in any event, be justified.
Amendment 27 #
Proposal for a directive
Recital 11
Recital 11
(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 . Any limitation of the right to stand as a candidate must be duly justified by the Member States.
Amendment 28 #
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 able to be entered on the electoral roll in sufficient time in advance of polling day. Where voting is not compulsory, Member States should be encouraged to enter such citizens on the electoral roll automatically when they are registered as residents. 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, where necessary, 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 of their rights, the holding of elections and the voting procedures.
Amendment 31 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) To enable European 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 33 #
Proposal for a directive
Recital 11
Recital 11
(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 . Any limitation of the right to stand as a candidate must be duly justified by the Member States.
Amendment 33 #
Proposal for a directive
Recital 15
Recital 15
(15) The accessibility, clarity and intelligibility of information on electoral rights and procedures is aare key components in ensuring the effective exercise of the right enshrined in Article 20(2), point (b) and Article 22(1) TFEUof the Treaty on the Functioning of the European Union.
Amendment 35 #
Proposal for a directive
Recital 15
Recital 15
(15) The accessibility, clarity and intelligibility of information on electoral rights and procedures is aare key components in ensuring the effective exercise of the right enshrined in Article 20(2), point (b) and Article 22(1) TFEUof the Treaty on the Functioning of the European Union.
Amendment 37 #
Proposal for a directive
Recital 16
Recital 16
(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 when citizens are registered as residents and sufficiently in advance of the election.
Amendment 38 #
Proposal for a directive
Recital 16
Recital 16
(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) TFEUof the Treaty on the Functioning of the European Union 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 when citizens are registered as residents and sufficiently in advance of the election.
Amendment 45 #
Proposal for a directive
Recital 23
Recital 23
(23) Data regarding the exercise of rights and the application of this Directive can be usefulis necessary in the identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve the collection and communication of data for municipal elections, it is necessary to introduce, in accordance with a common methodology, 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.
Amendment 50 #
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
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. Any limitation on the exercise of these functions must be duly justified by the Member States.
Amendment 53 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Only Member States where voting is not compulsory may provide for the automatic registration of voters pursuant to Article 3 on the electoral roll.
Amendment 57 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) in case of legitimate 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;
Amendment 57 #
Proposal for a directive
Recital 23
Recital 23
(23) Data regarding the exercise of rights and the application of this Directive can be usefulis necessary in the identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve the collection and communication of data for municipal elections, it is necessary to introduce, in accordance with a common methodology, 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.
Amendment 59 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States that provide for the possibility for nationals to vote by means of advance voting, postal voting, proxy 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.
Amendment 61 #
Proposal for a directive
Article 11 – paragraph 1 – indent 1 (new)
Article 11 – paragraph 1 – indent 1 (new)
- The information referred to, in addition to being communicated in one or more languages of the host Member State, shall be accompanied by a translation into at least one other official language of the Union which is widely understood by the largest number of Union citizens residing in that state.
Amendment 65 #
Proposal for a directive
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) once available, the date of the election and how and where to vote, as well as the measures taken to facilitate the participation in the vote by people with disabilities;
Amendment 67 #
Proposal for a directive
Article 12 – paragraph 2 – point c a (new)
Article 12 – paragraph 2 – point c a (new)
(ca) the electoral system of the host Member State.
Amendment 69 #
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 Council28. Where possible, this information shall be translated into the mother tongue of the non-national voter. _________________ 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 76 #
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 fourive 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, collected in accordance with a common methodology, 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 such participation.
Amendment 85 #
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
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. Any limitation on the exercise of these functions shall be duly justified by the Member States.
Amendment 96 #
3. MOnly member States where voting is not compulsory may provide for the automatic registration of voters pursuant to Article 3 on the electoral roll.
Amendment 109 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) in case of legitimate 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;
Amendment 115 #
Member States that provide for the possibility for nationals to vote by means of advance voting, postal voting, proxy 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.
Amendment 119 #
Proposal for a directive
Article 11 – paragraph 1 – indent 1 (new)
Article 11 – paragraph 1 – indent 1 (new)
– The information referred to, in addition to being communicated in one or more languages of the host Member State, shall be accompanied by a translation into at least one other official language of the Union which is widely understood by the largest number of Union citizens residing in that state.
Amendment 133 #
Proposal for a directive
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) once available, the date of the election and how and where to vote, as well as the measures taken to facilitate the participation in the vote by people by people with disabilities;
Amendment 138 #
Proposal for a directive
Article 12 – paragraph 2 – point c a (new)
Article 12 – paragraph 2 – point c a (new)
(ca) the electoral system of the host Member State.
Amendment 147 #
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 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 . Where possible, this information shall be translated into the mother tongue of the non-national voter. _________________ 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 160 #
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 fourive 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, collected in accordance with a common methodology, on the participation in municipal elections of voters and candidates pursuant to Article 3 and a summary of measures taken in that regard.