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Activities of Konstantinos ARVANITIS related to 2021/0372(CNS)

Shadow opinions (1)

OPINION on the proposal for a Council directive on the proposal for a Council directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals (recast)
2022/10/27
Committee: LIBE
Dossiers: 2021/0372(CNS)
Documents: PDF(232 KB) DOC(160 KB)
Authors: [{'name': 'Domènec RUIZ DEVESA', 'mepid': 127096}]

Amendments (36)

Amendment 52 #
Proposal for a directive
Recital 6
(6) In order to ensure that Union citizens who reside in a Member State of which they are not nationals (“non-national Union citizens”) are able to exercise their right to vote and to stand as candidates in elections to the European Parliament under the same conditions as nationals of their host Member State, the conditions governing registration and participation in such elections should be clarified in order to ensure equal treatment between national and non-national Union citizens. In particular, Union citizens seeking to vote and to stand as candidates in elections to the European Parliament in their Member State of residence should be treated equally as regards any periods of residence that are to be fulfilled in a uniform manner throughout all Member States as a condition for the exercise of the right, as well theas the uniform proofs for demonstrating compliance with such a condition.
2022/07/15
Committee: LIBE
Amendment 56 #
Proposal for a directive
Recital 8
(8) In line with International and European standards, including, the requirements of International Covenant on Civil and Political Rights and the law of the European Convention on Human Rights, Member States should not only recognize and respect the right of Union citizens to vote and to stand as a candidate but also ensure easy access to their electoral rights by removing as manyll obstacles to participation in elections as possible.
2022/07/15
Committee: LIBE
Amendment 58 #
Proposal for a directive
Recital 9
(9) In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, such cthere should be automatic voter registration of Union citizens under their consent and with a possibility to opt-out. 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 possiblend as uniform as possible across Member States and information about vote registration should be provided in all official EU languages. It should be sufficient for the Union citizens concerned to produce a valid identity card and a formal declaration that includes elements evidencing their entitlement to participate in the elections. Once registered, non- national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.
2022/07/15
Committee: LIBE
Amendment 62 #
Proposal for a directive
Recital 12
(12) In order to facilitate the accurate identification of voters and candidates registered both in their home Member State and in their Member State of residence, the list of data to be required from Union citizens, after automatic registration or when submitting an application to enter the electoral rolls or to stand as candidates in the Member State of residence if the Union citizens had initially opted-out, should include the personal identification number or the serial number of a valid identity or travel document.
2022/07/15
Committee: LIBE
Amendment 64 #
Proposal for a directive
Recital 13
(13) Union citizens who have been deprived of their right to vote and to stand as candidates, on the basis of an individual civil law or criminal law decision taken by the competent authority, should be precluded from exercising that right in the Member State of residence in elections to the European Parliament. WUpon automatic registration or when receiving an application for registration as a voter, Member States may require from the citizen concerned a formal declaration confirming that they have not been deprived of their right to vote. When standing as candidates in their country of residence, Union citizens should be required to produce a statement confirming that they have not been deprived of the right to stand in the elections to the European Parliament. Such requirements should apply only when they are also applicable to the nationals of the Member State of residence.
2022/07/15
Committee: LIBE
Amendment 66 #
Proposal for a directive
Recital 16
(16) In order to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same elections, Member States need to coordinate their system in a coherent and uniform manner. Member States should exchange information gathered from the formal declarations produced by Union voters and Union citizens entitled to stand as candidates. As Member States rely on different data to identify citizens, a common set of data should be envisaged in order to accurately identify Union voters and Union citizens entitled to stand as candidates and stop them from voting or standing as a candidate more than once. The personal data exchanged should be limited to the minimum necessary to achieve these purposes.
2022/07/15
Committee: LIBE
Amendment 69 #
Proposal for a directive
Recital 20
(20) The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), point (b), and Article 22(2) TFEU and the national rules and procedures regarding participation in and the organization of elections to the European Parliamenttogether with local authorities and civil society organisations. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms and in a timely manner.
2022/07/15
Committee: LIBE
Amendment 72 #
Proposal for a directive
Recital 21
(21) In order to improve the accessibility of electoral information, such information should be made available in at least one other official language of the Union than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory. Member States may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing thereill official languages of the Union.
2022/07/15
Committee: LIBE
Amendment 75 #
Proposal for a directive
Recital 22
(22) Any derogation from the general rules of this Directive has to be warranted, pursuant to Article 22 (2) TFEU , by problems specific to a Member State and has to be in line with the requirements of Article 52 of the Charter, including that any limitations to the exercise of the right to vote and to stand as a candidate at elections to the European Parliament is to be provided for by law and be subject to the principles of proportionality and necessity . In addition, any derogation has to be subject to review as provided by Article 47 of the Charter .deleted
2022/07/15
Committee: LIBE
Amendment 76 #
Proposal for a directive
Recital 23
(23) Such specific problems may arise in a Member State in which the proportion of Union citizens of voting age, who reside in it but are not nationals of it, is very significantly above average. Derogations regarding the right to vote should be warranted where such citizens form more than 20 % of the total electorate on the criterion of period of residence;deleted
2022/07/15
Committee: LIBE
Amendment 77 #
Proposal for a directive
Recital 24
(24) Member States in which the proportion of non-national citizens of the Union of voting age exceeds 20 % of the total number of Union citizens of voting age who reside there should have the possibility to lay down, in compliance with Article 22(2) TFEU , specific provisions concerning the composition of lists of candidates.deleted
2022/07/15
Committee: LIBE
Amendment 78 #
Proposal for a directive
Recital 26
(26) Data regarding the exercise of rights and the application of this Directive can be useful in the identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve the collection of data for elections to the European Parliament, it is necessary to introduce regular monitoring and reporting of implementation by Member States. Such data should be collected in a transparent and coordinated way across all Member States and on the basis of the same indicators. In parallel, the Commission should assess the application of this Directive, and submit a report including such an assessment to the European Parliament and to the Council, after each election to the European Parliament.
2022/07/15
Committee: LIBE
Amendment 82 #
Proposal for a directive
Recital 27
(27) It is necessary that the Commission conduct its own evaluation of the application of this Directive within a reasonable timeframeno later than two years after at least two elections to the European Parliament.
2022/07/15
Committee: LIBE
Amendment 83 #
Proposal for a directive
Recital 29
(29) The Member States, by ratifying, and the Union, by concluding27 , the United Nations Convention on the Rights of Persons with Disabilities have committed themselves to ensure compliance with that Convention. In order to support inclusive and equal electoral participation for persons with disabilities, arrangements for Union citizens residing in a Member State of which they are not nationals to exercise the right to vote and to stand as a candidate there in elections to the European Parliament should have due regard to the needs of citizens with a disability and older citizens. Member States should also ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice. Member States should provide the possibility of postal as well as internet or electronic voting. _________________ 27 Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).
2022/07/15
Committee: LIBE
Amendment 87 #
Where, in order to stand as a candidate, nationals of the Member State of residence must have been nationals for a certain uniform minimum period, Union citizens shall be deemed to have met this condition when they have been nationals of a Member State for the same period.
2022/07/15
Committee: LIBE
Amendment 89 #
Proposal for a directive
Article 5 – paragraph 1
If, in order to vote or to stand as candidates, nationals of the Member State or residence must have spent a certain and uniform minimum period as a residents in the electoral territory of that State, Union voters and Union citizens entitled to stand as candidates shall be deemed to have fulfilled that condition where they have resided for an equivalent period in other Member States. This provision shall apply without prejudice to any specific conditions as to length of residence in a given constituency or locality.
2022/07/15
Committee: LIBE
Amendment 93 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
2 a. All Member States shall introduce automatic voter registration and shall require the consent on the Union citizen, there will also be a possibility for citizens to opt-out.
2022/07/15
Committee: LIBE
Amendment 95 #
Proposal for a directive
Article 9 – paragraph 1
1. Member States shall take the necessary measures to enable a Union voter who has expressed the wish to be registered as a voter to be entered on the electoral roll sufficientlyat least 21 days in advance of polling day.
2022/07/15
Committee: LIBE
Amendment 97 #
Proposal for a directive
Article 9 – paragraph 3 – point c a (new)
(c a) indicate one of the official languages of the Union in which they want to receive the information referred to in Article 12(2).
2022/07/15
Committee: LIBE
Amendment 99 #
Proposal for a directive
Article 9 – paragraph 4
4. Union voters who have been entered on the electoral roll shall remain thereon, under the same conditions as voters who are nationals, until they request to be removed or until they are removed because they no longer satisfy the requirements for exercising the right to vote. Where provisions are in place to notify nationals of such a removal from the electoral roll, these provisions shall apply to Union voters in the same way and in the language they have indicated they wish to receive the information referred to in Article 12(2).
2022/07/15
Committee: LIBE
Amendment 101 #
Proposal for a directive
Article 11 – paragraph 1
1. The Member State of residence shall inform the persons concerned in good time and in clear and plain language, in an official Union language of their choice, of the decision taken on their automatic registration or application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate.
2022/07/15
Committee: LIBE
Amendment 105 #
Proposal for a directive
Article 11 – paragraph 4
4. Member States shall inform clearly and in a timely manner, the person concerned of the decision referred to in paragraph 1 and of the legal remedies referred to in paragraphs 2 and 3 in an official Union language of their choice.
2022/07/15
Committee: LIBE
Amendment 106 #
Proposal for a directive
Article 12 – paragraph 1
1. Member States shall designate a national authority with responsibility for taking the necessary measures to ensure that non-national Union citizens are informed in a timely manner of the conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament immediately upon registration of individuals. The provision of information shall be done at local and national level in a coordinated way and in cooperation with civil society organisations.
2022/07/15
Committee: LIBE
Amendment 114 #
Proposal for a directive
Article 12 – paragraph 2 – point d
(d) means of obtaining further information relating to the organisation of the election including the list of candidates. and the specific measures to facilitate the exercise of the right to vote to particular groups of voters, such as persons with disabilities or voters who cannot participate on election day, upon automatic registration or after the submission of an application to entert he electoral roll.
2022/07/15
Committee: LIBE
Amendment 118 #
Proposal for a directive
Article 12 – paragraph 3 – introductory part
3. The information on conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament and the information referred to in paragraph 2 shall be provided in clear and plain language, in all official Union languages, without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.
2022/07/15
Committee: LIBE
Amendment 120 #
Proposal for a directive
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 Union citizens residing on its territory, in accordance with the quality requirements of Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council30 . _________________ 30 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1)Union of their choice.
2022/07/15
Committee: LIBE
Amendment 124 #
Proposal for a directive
Article 12 – paragraph 4
4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament and information referred to in paragraph 2 is made accessible to persons with disabilities and older persons, older persons, people in remote areas, mobile Union citizens, minority groups and those who face difficulties in voting generally by applying accessibility requirements laid down in Annex I of Directive (EU) 2019/882 and by using appropriate means, modes and formats of communication such as sign language, Braille or easy-to-read format.
2022/07/15
Committee: LIBE
Amendment 128 #
Proposal for a directive
Article 13 – paragraph 1
1. Member States shall exchange the information required for the implementation of Article 4 , sufficiently in advance of polling day . To that end, the Member State of residence shall begin supplying the home Member State, no later than sixten weeks before the first day of the electoral period referred to in Article 10(1) of the Act concerning the election of the members of the European Parliament by direct universal suffrage the set of information provided in Annex III , . The home Member State shall, in accordance with its national legislation, take appropriate measures to ensure that its nationals do not vote more than once or stand as candidates in more than one Member State.
2022/07/15
Committee: LIBE
Amendment 129 #
Proposal for a directive
Article 14 – paragraph 1
Member States tshatll provide for the possibilities of advance voting, postal voting, and electronic and internet voting, in elections to the European Parliament. Member States shall ensure the availability of those voting methods to Union voters under similar conditions as the ones applicable to their own nationalsthe same conditions as the ones applicable to their own nationals. Member States shall adopt all necessary measures to ensure the reliability and secrecy of the vote, and the protection of personal data in accordance with applicable Union law. Member States may provide additional possibilities of voting by way of advance physical voting, and voting by electronic and internet systems. In the event of electronic, internet voting, Member States shall adopt all necessary measures to ensure the reliability, integrity, the secrecy of the vote, transparency in the design and deployment of electronic and internet systems, the possibility for manual or electronic recounts without compromising the secrecy of the vote and the protection of personal data in accordance with applicable Union law.
2022/07/15
Committee: LIBE
Amendment 133 #
Proposal for a directive
Article 15 – paragraph 1
Member States shall designate an authority with responsibility for collecting and providing relevant statistical data to the public and the Commission, on the participation of Union citizens who are not nationals in elections to the European Parliament. This data shall be collected in a transparent and coordinated way across all Member States and on the basis of the same indicators.
2022/07/15
Committee: LIBE
Amendment 137 #
Proposal for a directive
Article 16
1. If , in a given Member State, the proportion of Union citizens of voting age who reside in it but are not nationals of it exceeds 20 % of the total number of national and non-national Union citizens residing there who are of voting age, that Member State may, by way of derogation from Articles 3, 9 and 10: (a) restrict the right to vote to Union voters who have resided in that Member State for a minimum period, which may not exceed five years; (b) restrict the right to stand as a candidate to Union citizens entitled to stand as candidates who have resided in that Member State for a minimum period, which may not exceed 10 years. These provisions are without prejudice to appropriate measures which that Member State may take with regard to the composition of lists of candidates and which are intended in particular to encourage the integration of non-national Union citizens . However, Union voters and Union citizens entitled to stand as candidates who, owing to the fact that they have taken up residence outside their home Member State or by reason of the duration of such residence, do not have the right to vote or to stand as candidates in that home State shall not be subject to the conditions as to length of residence set out above. 2. Where the laws of a Member State prescribe that the nationals of another Member State who reside there have the right to vote for the national parliament of that State and, for that purpose, may be entered on the electoral roll of that State under exactly the same conditions as national voters, the first Member State may, by way of derogation from this Directive, refrain from applying Articles 6 to 13 in respect of such nationals. 3. 18 months prior to each election to the European Parliament, the Commission shall submit to the European Parliament and to the Council a report in which it shall check whether the grant to the Member States concerned of a derogation pursuant to Article 22 (2) TFEU is still warranted and shall propose that any necessary adjustments be made. Member States which invoke derogations under paragraph 1 shall furnish the Commission with all the necessary background information.Article 16 deleted Derogations
2022/07/15
Committee: LIBE
Amendment 138 #
Proposal for a directive
Article 17 – paragraph 1
1. Within six months after each election to the European Parliament Member States shall send information to the Commission on the application of this Directive in their territory. In addition to general observations, the report shall contain statistical data on the participation in elections to the European Parliament of Union voters and Union citizens entitled to stand as candidates and a summary of the measures taken to support it. This data shall be collected in a transparent and coordinated way across all Member States and on the basis of the same indicators.
2022/07/15
Committee: LIBE
Amendment 147 #
Proposal for a directive
Article 18 – paragraph 1
Within two years after the 2029each elections to the European Parliament, the Commission shall assess its application and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall also include a review on the functioning of Article 13.
2022/07/15
Committee: LIBE
Amendment 151 #
Proposal for a directive
Annex I – paragraph 2 – indent 1 (new)
- Indicate the language preferences in which you want to receive information related to the elections
2022/07/15
Committee: LIBE
Amendment 154 #
Proposal for a directive
Annex II – paragraph 2 – indent 1 (new)
- Indicate the language preferences in which you want to receive information related to the elections
2022/07/15
Committee: LIBE
Amendment 155 #
I have not been deprived of the right to stand as a candidate in my home Member State. 3a. _________________ 3a Only if also required of nationals of Member State of residence
2022/07/15
Committee: LIBE