Activities of Paulo RANGEL 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 (21)
Amendment 2 #
Proposal for a directive
Recital 3
Recital 3
(3) The detailed arrangements governing 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 are set out in Council Directive 94/80/EC.
Amendment 3 #
(4) In the EU Citizenship Report 22 22 2020 , 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 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. _________________ 22 EU Citizenship Report 2020 Empowering citizens and protecting their rights, COM/2020/730 final.
Amendment 5 #
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 the 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 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 easy access to their electoral rights by removing as many obstacles to their participation in municipal elections as possible.
Amendment 11 #
Proposal for a directive
Recital 6
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 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 19 #
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. 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 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.
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) 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 a timely manner, in clear and comprehensible terms.
Amendment 41 #
(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 should endeavour to provide information in the preferred language of the non-national Union citizen and 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. The European Commission should support Member States in providing access to this information and assistance in understanding to citizens.
Amendment 47 #
Proposal for a directive
Recital 18
Recital 18
(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 citizens of the Union 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 .
Amendment 61 #
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 data for municipal elections, it is necessary to introduce regular monitoring and reporting of implementation by Member States, which should include, besides statistical data, based on common indicators, 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 64 #
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 supportensure 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 needs of citizens with a disability and older citizens. _________________ 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 110 #
Proposal for a directive
Article 9 – paragraph 2 – point e a (new)
Article 9 – paragraph 2 – point e a (new)
(ea) if they so wish and where possible, indicate the language in which they want to receive the information referred to in Article 12 (3);
Amendment 124 #
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 135 #
Proposal for a directive
Article 12 – paragraph 2 – point c a (new)
Article 12 – paragraph 2 – point c a (new)
(ca) the specific measures to facilitate the exercise of the right to vote to particular groups of voters, such as persons with disabilities and older citizens.
Amendment 140 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The European 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, is made available to these citizens in a clear and accessible manner, in all official languages of the Union, including via Europe Direct and Your Europe.
Amendment 144 #
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 a timely manner and in clear and plain language.
Amendment 148 #
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 preferred language of the non-national 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 152 #
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. Member States may ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice.
Amendment 162 #
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 and the European Parliament 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.
Amendment 172 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 2, 8(2), 8(4) and 9(3) shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Directive.
Amendment 173 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The delegation of power referred to in Articles 2, 8(2), 8(4) and 9(3) may be revoked at any time by the European Parliament or 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 175 #
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. A delegated act adopted pursuant to Articles 2, 8(2), 8(4) and 9(3) shall enter into force only if no objection has been expressed either by the European Parliament or 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.