2021/0373(CNS) | [ParlTrack]

Proposal for a directive
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~~full access to information and to their electoral rights by removing a~~s many~~ll obstacles to their participation in elections ~~as possible~~.

Amendment 23 #

Proposal for a directive
Recital 5

(5) The electoral procedure related to municipal elections falls within the competences of the Member States that organise them reflecting their ~~specific~~constitutional 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 a~~s many~~ll obstacles to their participation in elections ~~as possible~~.

Amendment 24 #

Proposal for a directive
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 a~~s many~~ll obstacles to their participation in elections ~~as possible~~.

Amendment 25 #

Proposal for a directive
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 circumstances specific to the latter distinguishing them from the former.deleted

Amendment 26 #

Proposal for a directive
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 #

Helmut SCHOLZ

Proposal for a directive
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. They should ideally be entered automatically on the electoral roll upon registration for residence. These citizens should be able to receive information in parallel regarding this automatic registration, notably on the fact that it implies deregistration from the electoral roll of their place of origin. Alternatively, the country of residence should be able to allow the non- national Union citizens to decide and inform the authorities in due time. In both cases, 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 28 #

Proposal for a directive
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 29 #

Proposal for a directive
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 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. They should have the possibility for automatic registration on the electoral roll, if they wish so, when they register as new residents with the competent authority. 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 in duly justified cases 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 31 #

Proposal for a directive
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 32 #

Proposal for a directive
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 .deleted

Amendment 33 #

Proposal for a directive
Recital 11

Amendment 34 #

Proposal for a directive
Recital 12

~~(12) It should likewise be possible for participation by elected municipal officers in the election of a parliamentary assembly to be reserved for own nationals.~~deleted

Amendment 35 #

Proposal for a directive
Recital 15

(15) The accessibility, clarity and intelligibility of information on electoral rights and procedures ~~is a~~are key components in ensuring the effective exercise of the right enshrined in Article 20(2), point (b) and Article 22(1) ~~TFEU~~of the Treaty on the Functioning of the European Union.

Amendment 36 #

Proposal for a directive
Recital 15 a (new)

(15 a) Non-national Union citizens should have access to information about their electoral rights and procedures upon their arrival in the Member State, periodically and sufficiently in advance of the municipal election, in their mother tongue or preferred language.

Amendment 37 #

Helmut SCHOLZ

Proposal for a directive
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 on a regular basis and ahead of elections. Member States should provide appropriate information to Union citizens on the right to vote, including technical arrangements in place for citizens with disabilities, the administrative steps to exercise that right as well as the nature of the political system and traditions.

Amendment 38 #

Proposal for a directive
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~~of 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 39 #

Proposal for a directive
Recital 16

Amendment 40 #

Proposal for a directive
Recital 16 a (new)

(16 a) Cooperation and coordination should be strengthened and improved between national and local authorities in the Member State with regard to the registration of non-national Union citizens and to providing them with information on their electoral rights and procedures.

Amendment 41 #

Proposal for a directive
Recital 17

(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 be encouraged to provide information also in the native or the preferred language of the non-national Union citizen, indicated at the time of their registration. 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 42 #

Proposal for a directive
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 a (new)

(17 a) When necessary, the European Commission should provide support to Member States for the translation of registration and electoral procedures into the official and non-official languages of the European Union.

Amendment 44 #

Helmut SCHOLZ

Proposal for a directive
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, information on the measures taken to support participation in elections of non- national Union citizens as well as technical arrangements in place for citizens with disabilities and possibilities of voting by way of advance physical voting or proxy voting. 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 45 #

Proposal for a directive
Recital 23

(23) Data regarding the exercise of rights and the application of this Directive ~~can be useful~~is 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 46 #

Proposal for a directive
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 and communication of data for municipal elections, it is necessary to introduce regular and harmonised 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 47 #

Proposal for a directive
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 48 #

Proposal for a directive
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 personsIn order to increase inclusiveness and equal electoral participation for marginalized and vulnerable persons, especially people 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 ~~ther~~in that Member State in municipal elections should have due regard tof the needs of these citizens ~~with a disability and older citizens~~. 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. _________________ 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

3. Member States may provide that only their own nationals may hold the office of elected head, deputy or member of the governing college of the executive of a basic local government unit if elected to hold office for the duration of their mandate. The Member States may also lay down that the temporary or interim performance of the functions of a head, deputy or member of the governing college of the executive of a basic local government unit may be restricted to own nationals. 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.deleted

Amendment 50 #

Proposal for a directive
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 51 #

Proposal for a directive
Article 7 – paragraph 3

3. Both Member States where voting is compulsory and Member States where voting is not compulsory may provide for the automatic registration of voters pursuant to Article 3 on the electoral roll, based on a free choice of the non-national Union citizen.

Amendment 52 #

Proposal for a directive
Article 7 – paragraph 3

3. Member States ~~where voting is not compulsory may~~shall 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
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 54 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall take the necessary measures to enable a voter pursuant to Article 3 to be entered on the electoral roll sufficiently in advance of polling day. Member States shall propose automatic registration on the electoral roll when a non-national Union citizen registers as new resident with the competent authority, based on a free choice.

Amendment 55 #

Proposal for a directive
Article 8 – paragraph 1 a (new)

1 a. The Member State shall provide voters with easy and clear access to information about municipal elections (their voting and eligibility rights, the registration procedure, the electoral calendar, the nature of the political system and traditions) in their mother tongue, preferred language or in the language(s) spoken in the region. This language will be predefined at the time of registration on the electoral rolls.

Amendment 56 #

Proposal for a directive
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 57 #

Proposal for a directive
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 58 #

Proposal for a directive
Article 10 – paragraph 1

Member States that provide for the possibility for nationals to vote by means of advance voting, postal 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. These voters shall also have the possibility of choosing or changing the means of voting under the same conditions as the nationals of the Member State of residence.

Amendment 59 #

Proposal for a directive
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 60 #

Proposal for a directive
Article 11 – paragraph 1

1. The Member State of residence shall inform the concerned persons in ~~good~~due time and in clear and plain language, in their mother tongue or preferred language, 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 61 #

Proposal for a directive
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 62 #

Proposal for a directive
Article 11 – paragraph 2

2. Should Union citizens not be entered on the electoral roll or have their application form entry refused or have their application to stand as a candidate rejected, the person concerned shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals. The persons concerned shall be informed in their mother tongue or preferred language.

Amendment 63 #

Proposal for a directive
Article 12 – paragraph 1 a (new)

1 a. The national 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. In order to provide non- national Union citizens with sufficient and accessible information, national authorities should seek the support of civil society organisations and use a wide range of channels, including the provision of information via the workplace and educational organisations.

Amendment 64 #

Proposal for a directive
Article 12 – paragraph 2 – introductory part

2. The Member States shall ensure that the designated authority pursuant to paragraph 1, shall directly and individually communicate to voters and persons entitled to stand as candidates pursuant to Article 3, the following information:, periodically and sufficiently in advance of the municipal election

Amendment 65 #

Proposal for a directive
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 66 #

Proposal for a directive
Article 12 – paragraph 2 – point c a (new)

(c a) The competent designated authority shall inform the persons entitled to vote and to stand for election in accordance with Article 3 about the political system and traditions of the Member State.

Amendment 67 #

Proposal for a directive
Article 12 – paragraph 2 – point c a (new)

(ca) the electoral system of the host Member State.

Amendment 68 #

Proposal for a directive
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 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 70 #

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 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

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 72 #

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 municipal elections and information referred to in paragraph 2 is made accessible to marginalised groups, such as persons with disabilities and older persons by ~~using appropriate means, modes and formats of communication.~~ applying the accessibility requirements laid down in Annex I of Directive (EU) 2019/8821a and by using appropriate means, modes and formats of communication, such as Braille, large print, audio-based information, tactile stencils, easy to read information and sign language. _________________ 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 73 #

Proposal for a directive
Article 13 – paragraph 1

1. Where, 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 this Directive: (a) restrict the right to vote to voters pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than the term for which the representative council of the municipality is elected; (b) restrict the right to stand as a candidate to persons entitled to stand as candidates pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than twice the term for which the representative council of the municipality is elected; and (c) take appropriate measures with regard to the composition of lists of candidates to encourage in particular the integration of Union citizens , who are nationals of another Member State.deleted

Amendment 74 #

Proposal for a directive
Article 13 – paragraph 2

2. The Kingdom of Belgium may, by way of derogation from the provisions of this Directive, apply the provisions of paragraph 1 point (a) to a limited number of local government units, the list of which it shall communicate at least one year before the local government unit elections for which it intends to invoke the derogation.deleted

Amendment 75 #

Proposal for a directive
Article 13 – paragraph 4

4. Every six years after the entry into force of this Directive , 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 (1) TFEU is still warranted and shall propose that any necessary adjustments be made. Member States which invoke derogations under paragraphs 1 and 2 shall furnish the Commission with all the necessary background information.deleted

Amendment 76 #

Proposal for a directive
Article 14 – paragraph 1

1. Within three years of the entry into force of this Directive and every f~~our~~ive 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~~to facilitate and encourage such participation.

Amendment 77 #

László TRÓCSÁNYI

Proposal for a directive
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~~may 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 78 #

Proposal for a directive
Annex II – paragraph 1 – subparagraph 1 (new)

Indicate language preferences in which you want to receive information related to the elections: ………………...

Amendment 79 #

Proposal for a directive
Annex III – paragraph 1 – subparagraph 1 (new)

Indicate language preferences in which you want to receive information related to the elections: ……………………………..

source: 719.612

2022/10/24 LIBE 180 amendments...

Amendment 1 #

Proposal for a directive
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 10 #

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 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 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 as the uniform proofs for demonstrating compliance with such a condition.

Amendment 100 #

Proposal for a directive
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 101 #

Proposal for a directive
Article 8 – paragraph 3 – introductory part

Amendment 102 #

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1

VWhere applicable, voters who have been entered on the electoral roll at their request can also be removed from it if they so request.

Amendment 103 #

Proposal for a directive
Article 8 – paragraph 4

~~4. The Commission is empowered to adopt~~ delegated ~~acts in accordance with Article 16 concerning the amendment of the form and content of the template for the formal declaration referred to in paragraph 2 of this Article.~~

Amendment 104 #

Proposal for a directive
Article 8 – paragraph 5

5. Without prejudice to the rules of any Member State concerning the right to vote or to stand as a candidate of nationals who reside outside its territory, the fact that voters pursuant to Article 3 have been entered on the electoral roll of their Member State of residence shall not automatically result in their removal from the electoral roll of the home Member State.

Amendment 105 #

Proposal for a directive
Article 9 – paragraph 1

1. When submitting an application to stand as candidates , persons entitled to stand as candidates pursuant to Article 3 shall produce the same supporting documents as a candidate who is a national. The Member State of residence may require the persons concerned to produce a formal declaration drawn up in accordance with the template set out in Annex III . National authorities shall ensure that the democratic, proportionate and transparent standards which apply to national citizens when submitting a list of candidates also apply to mobile EU citizen candidates.

Amendment 106 #

Proposal for a directive
Article 9 – paragraph 1

1. When submitting an application to stand as candidates , persons entitled to stand as candidates pursuant to Article 3 shall produce the same or equivalent supporting documents as a candidate who is a national. The Member State of residence may require the persons concerned to produce a formal declaration drawn up in accordance with the template set out in Annex III .

Amendment 107 #

Proposal for a directive
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

(b) in case of 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;deleted

Amendment 109 #

Proposal for a directive
Article 9 – paragraph 2 – point b

Amendment 11 #

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 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 110 #

Proposal for a directive
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 111 #

Proposal for a directive
Article 9 – paragraph 3

~~3. The Commission is empowered to adopt~~ delegated ~~acts in accordance with Article 16 concerning the amendment of the form and content of the template for the formal declaration referred to in paragraph 2 of this Article.~~

Amendment 112 #

Proposal for a directive
Article 10 – paragraph 1

Member States tshatll provide for the possibility ~~for nationals to vote by means of advance voting, postal~~of, postal voting in municipal elections. In the case of postal voting, and where possibilities of advance voting, and electronic and internet voting are available in municipal elections ~~shall ensure that such means of voting are also available under the same conditions to voters pursuant to Article 3~~to their nationals, Member States shall ensure the availability of those voting methods to Union voters under the 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.

Amendment 113 #

Proposal for a directive
Article 10 – paragraph 1

Amendment 114 #

Proposal for a directive
Article 10 – paragraph 1

Member States tshatll endeavour to provide for the possibilit~~y for nationals to~~ies to vote by means of vote by means of advance voting, postal voting, and electronic and internet voting ~~in municipal elec~~. Member States that provide such means of voting for nationals shall ensure that such means of voting are also available under the same conditions to voters pursuant to Article 3.

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 116 #

Proposal for a directive
Article 11 – paragraph 1

1. The Member State of residence shall inform the concerned persons ~~in good time and in clear and plain~~clearly and in a timely manner, in their mother tongue or their preferred language, of the decision taken on their automatic registration, their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate.

Amendment 117 #

Proposal for a directive
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 118 #

Proposal for a directive
Article 11 – paragraph 1

1. The Member State of residence shall inform the concerned persons in good time ~~and in clear and plain language~~ 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 119 #

Proposal for a directive
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 12 #

Proposal for a directive
Recital 7

Amendment 120 #

Proposal for a directive
Article 11 – paragraph 2

2. Should Union citizens not be entered on the electoral roll or have their application form entry refused or have their application to stand as a candidate rejected, the person concerned shall be entitled to effective legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals. The persons concerned shall be informed in their mother tongue or preferred language.

Amendment 121 #

Proposal for a directive
Article 11 – paragraph 2

2. Should Union citizens not be entered on the electoral roll or have their automatic registration or application form entry refused or have their application to stand as a candidate rejected, the person concerned shall be entitled to legal remedies on similar 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 122 #

Proposal for a directive
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 effective legal remedies on similar 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 123 #

Proposal for a directive
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 ~~similar~~the 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 124 #

Proposal for a directive
Article 11 – paragraph 3

Amendment 125 #

Proposal for a directive
Article 12

1. 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 municipal elections. 2. that the designated authority pursuant to paragraph 1, shall directly and individually communicate to voters and persons entitled to stand as candidates pursuant to Article 3, the following information: (a) (b) election and how and where to vote, (c) information relating to the organisation of the election, including the list of candidates. 3. 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. 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. 4. 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. _________________ 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)Article 12 deleted Provision of information Member States shall designate a The Member States shall ensure the status of their registration, once available, the date of the means of obtaining further The information on conditions and Member States shall ensure that

Amendment 126 #

Proposal for a directive
Article 12 – paragraph 1

1. Member States shall designate a ~~national~~competent 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 municipal elections, as soon as they register as residents of a Member State of which they are not nationals as well as periodically, ahead of the elections, in a timely manner, taking into account the deadlines established for the announcement of the candidates. This information is to indicate that citizens have the choice to register in their place of residence or remain registered in their home Member State, according to their preferences.

Amendment 127 #

Proposal for a directive
Article 12 – paragraph 1

1. Member States shall designate a national public 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 municipal elections 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, upon automatic registration or after the submission of an application to enter the electoral roll.

Amendment 128 #

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 i~~n a timely manner~~mmediately upon their registration and in a timely manner ahead of elections of the conditions and detailed rules for registration as a voter or candidate in municipal elections.

Amendment 129 #

Proposal for a directive
Article 12 – paragraph 1 a (new)

1a. The competent authority 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. In order to provide non-national Union citizens with sufficient and accessible information, the competent authority shall use a wide range of channels, including the provision of information via the workplace and educational organisations. Member States shall ensure that civil society organisations have a very important role to play in cooperating with, and assisting, the competent authorities to raise public awareness concerning the information, as well as in encouraging non-national Union citizens to actively seek such information as often as they need it. Member States shall ensure civil society organisations have sufficient means to do so.

Amendment 13 #

Proposal for a directive
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 130 #

Proposal for a directive
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 131 #

Proposal for a directive
Article 12 – paragraph 2 – introductory part

2. The Member States shall ensure that the designated authority pursuant to paragraph 1, shall directly and individually communicate to voters and persons entitled to stand as candidates pursuant to Article 3, the following information, periodically and sufficiently in advance before the elections:

Amendment 132 #

Proposal for a directive
Article 12 – paragraph 2 – introductory part

2. The Member States shall ensure that the designated authority pursuant to paragraph 1, shall, immediately upon their registration, directly and individually communicate to voters and persons entitled to stand as candidates pursuant to Article 3, the following information:

Amendment 133 #

Proposal for a directive
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 134 #

Proposal for a directive
Article 12 – paragraph 2 – point c

(c) 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 enter the electoral roll.

Amendment 135 #

Proposal for a directive
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 136 #

Proposal for a directive
Article 12 – paragraph 2 – point c a (new)

(ca) information on the electoral and political system, including competences of basic local government units;

Amendment 137 #

Proposal for a directive
Article 12 – paragraph 2 – point c a (new)

(ca) relevant features of the municipal elections of the Member State

Amendment 138 #

Proposal for a directive
Article 12 – paragraph 2 – point c a (new)

(ca) the electoral system of the host Member State.

Amendment 139 #

Proposal for a directive
Article 12 – paragraph 2 – point c b (new)

(cb) 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 the polling day.

Amendment 14 #

Proposal for a directive
Recital 8

(8) In order to facilitate the exercise by non-national Union citizens of their right to vote and to stand as a candidate in their country of residence, Member States should endeavour to introduce automatic registration of Union citizens under their consent and with a possibility to opt-out, 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 a~~s possible~~nd 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 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 140 #

Proposal for a directive
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 141 #

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 municipal elections 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.

Amendment 142 #

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 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 143 #

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 municipal elections and ~~the~~any information ~~referred to in paragraph 2~~communicated pursuant to the provisions of this Directive shall be provided in clear and plain language.

Amendment 144 #

Proposal for a directive
Article 12 – paragraph 3 – introductory part

Amendment 145 #

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 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)deleted

Amendment 146 #

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 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)deleted

Amendment 147 #

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 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 148 #

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, 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 149 #

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 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~~, people in remote areas, minority groups and those who face difficulties in voting generally by applying the accessibility requirements laid down in Annex I of Directive (EU) 2019/882 and using appropriate means, modes and formats of communication, such as Braille, large print, audio-based information, tactile stencils, easy to read information and sign language. Member States may ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice.

Amendment 15 #

Proposal for a directive
Recital 8

Amendment 150 #

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 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.

Amendment 151 #

Proposal for a directive
Article 12 – paragraph 4

Amendment 152 #

Proposal for a directive
Article 12 – paragraph 4

Amendment 153 #

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 municipal elections and any information ~~referred to in paragraph 2~~communicated pursuant to the provisions of this Directive is made accessible to persons with disabilities and older persons by using appropriate means, modes and formats of communication.

Amendment 154 #

Proposal for a directive
Article 13

~~1. 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 vot~~Article 13 deleted Derogations Where, ing a~~ge, that~~ given Member State may, by way of derogation from this Directive: (a) pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than the term for which the representative council of the municipality is elected; (b) candidate to persons entitled to stand as candidates pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than twice the term for which the representative council of the municipality is elected; and (c) regard to the composition of lists of candidates to encourage in particular the integration of Union citizens , who are nationals of another Member State. 2. way of derogation from the provisions of this Directive, apply the provisions of paragraph 1 point (a) to a limited number of local government units, the list of which it shall communicate at least one year before the local government unit elections for which it intends to invoke the derogation. 3. 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 11 in respect of such persons. 4. force of this Directive , 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 (1) TFEU is still warranted and shall propose that any necessary adjustments be made. Member States which invoke derogations under paragraphs 1 and 2 shall furnish the Commission with all the necessary background information., restrict the right to vote to voters restrict the right to stand as a take appropriate measures with The Kingdom of Belgium may, by Where the laws of a Member State Every six years after the entry into

Amendment 155 #

Proposal for a directive
Article 13

1. 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 votArticle 13 deleted Derogations Where, ing a~~ge, that~~ given Member State may, by way of derogation from this Directive: (a) pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than the term for which the representative council of the municipality is elected; (b) candidate to persons entitled to stand as candidates pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than twice the term for which the representative council of the municipality is elected; and (c) regard to the composition of lists of candidates to encourage in particular the integration of Union citizens , who are nationals of another Member State. 2. way of derogation from the provisions of this Directive, apply the provisions of paragraph 1 point (a) to a limited number of local government units, the list of which it shall communicate at least one year before the local government unit elections for which it intends to invoke the derogation. 3. 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 11 in respect of such persons. 4. force of this Directive , 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 (1) TFEU is still warranted and shall propose that any necessary adjustments be made. Member States which invoke derogations under paragraphs 1 and 2 shall furnish the Commission with all the necessary background information., restrict the right to vote to voters restrict the right to stand as a take appropriate measures with The Kingdom of Belgium may, by Where the laws of a Member State Every six years after the entry into

Amendment 156 #

Proposal for a directive
Article 13 – paragraph 1

1. Where, 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 this Directive: (a) restrict the right to vote to voters pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than the term for which the representative council of the municipality is elected; (b) restrict the right to stand as a candidate to persons entitled to stand as candidates pursuant to Article 3 who have resided in that Member State for a minimum period, which may not be longer than twice the term for which the representative council of the municipality is elected; and (c) regard to the composition of lists of candidates to encourage in particular the integration of Union citizens , who are nationals of another Member State.deleted take appropriate measures with

Amendment 157 #

Proposal for a directive
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 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.deleted

Amendment 158 #

Proposal for a directive
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). TIn addition to general observation, 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. to support their participation, based on common indicators. This data shall be collected in a transparent, secure, and coordinated way across all Member States

Amendment 159 #

Proposal for a directive
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 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. The statistical data shall be based on common indicator and harmonised at Union level.

Amendment 16 #

Proposal for a directive
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 a~~s po~~nd 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 160 #

Proposal for a directive
Article 14 – paragraph 1

Amendment 161 #

Proposal for a directive
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 regard~~to facilitate and encourage participation.

Amendment 162 #

Proposal for a directive
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 163 #

Proposal for a directive
Article 14 – paragraph 1

1. Within t~~hree~~wo years of the entry into force of this Directive and every ~~four~~two 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 on the participation in municipal elections of voters and candidates pursuant to Article 3 and a summary of measures taken in that regard.

Amendment 164 #

Proposal for a directive
Article 14 – paragraph 1 a (new)

1a. The Commission may adopt implementing acts for the purpose of defining the common indicators for the provision by the Member States of the statistical data referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15a.

Amendment 165 #

Proposal for a directive
Article 14 – paragraph 2

2. Within ~~fiv~~three years of the entry into force of this Directive and every five years thereafter, The Commission shall submit a report to the European Parliament and the Council on the application of this Directive including on the basis of the information provided by Member States pursuant to paragraph 1 of this Article. .

Amendment 166 #

Proposal for a directive
Article 14 – paragraph 2 a (new)

2a. The Commission is empowered to adopt implementing acts concerning the form of the data referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16a, (2).

Amendment 167 #

Proposal for a directive
Article 15 – paragraph 1

Within two years after ~~the 2029~~every 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 assess whether and under which circumstances the rights of non-national Union citizens can be expanded to non- EU citizens as well as to national and regional elections.

Amendment 168 #

Proposal for a directive
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 evaluation shall be accompanied, if appropriate, by a legislative proposal to amend this Directive.

Amendment 169 #

Proposal for a directive
Article 15 – paragraph 1

Within two years after the 20294 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 evaluation shall be accompanied, if appropriate, by a legislative proposal to amend this Directive.

Amendment 17 #

Proposal for a directive
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. They should have the possibility for automatic registration on the electoral roll, if they wish so, when they register as new residents with the competent authority. 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 in duly justified cases 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 170 #

Proposal for a directive
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 171 #

Proposal for a directive
Article 16

1. is conferred on the Commission subject to the conditions laid down in this Article. 2. referred to in Articles 2, 8 and 9 shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Directive. 3. to in Articles 2, 8 and 9 may be revoked at any time by the Council. A decision to revoke shall put an end toArticle 16 deleted Exercise of the delegation ~~of t~~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. 4. Beforeto adopt delegated acts The power to adopt~~ing a~~ delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. to Articles 2, 8 and 9 shall enter into force only if no objection has been expressed 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.s The delegation of power referred As soon as it adopts a delegated A delegated act adopted pursuant

Amendment 172 #

Proposal for a directive
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

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 174 #

Proposal for a directive
Article 16 – paragraph 5

5. As soon as it adopts a delegated act, the Commission shall immediately notify it simultaneously to the European Parliament and to the Council.

Amendment 175 #

Proposal for a directive
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.

Amendment 176 #

Proposal for a directive
Article 16 a (new)

Article 16a Committee procedure 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Amendment 177 #

Proposal for a directive
Article 19 – paragraph 2

Articles 1 to 7, 8(1)~~, 11(2)~~ and 131(2) shall apply from 31 December 2023.

Amendment 178 #

Proposal for a directive
Annex II – paragraph 1 – subparagraph 1 (new)

Indicate language preferences in which you want to receive information related to the elections:

Amendment 179 #

Proposal for a directive
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 18 #

Proposal for a directive
Recital 8

(8) In order to facilitate the exercise by non-national Union citizens of their right to vote and to stand as a candidate in their country of residence, ~~such~~Member States should be encouraged to allow for automatic registration. Where automatic registration is not available, non-national Union 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 and as similar across Member States 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 180 #

Proposal for a directive
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:

Amendment 19 #

Proposal for a directive
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 2 #

Proposal for a directive
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 20 #

Proposal for a directive
Recital 8 a (new)

Amendment 21 #

Proposal for a directive
Recital 9 a (new)

(9a) Determining the right to vote or stand as a candidate for municipal elections as regards non-nationals who reside within their territory falls within the competences of the Member States that organise them. In line with Article 40 of the Charter, Member States must uphold the principle of non- discrimination on the basis of nationality. For this reason, nationality should not in itself constitute grounds for the prohibition of voting or standing as a candidate for municipal elections.

Amendment 22 #

Proposal for a directive
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 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. Decisions on deprivation of legal capacity due to disability taken by the Member State of origin should not make Union citizens ineligible from standing as a candidate in their Member State of residence if the law of that Member State upholds that right to all persons with disabilities without restrictions.

Amendment 23 #

Proposal for a directive
Recital 10

Amendment 24 #

Proposal for a directive
Recital 11

Amendment 25 #

Proposal for a directive
Recital 11

Amendment 26 #

Proposal for a directive
Recital 11

Amendment 27 #

Proposal for a directive
Recital 11

Amendment 28 #

Proposal for a directive
Recital 12

~~(12) It should likewise be possible for participation by elected municipal officers in the election of a parliamentary assembly to be reserved for own nationals.~~deleted

Amendment 29 #

Proposal for a directive
Recital 12

~~(12) It should likewise be possible for participation by elected municipal officers in the election of a parliamentary assembly to be reserved for own nationals.~~deleted

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 30 #

Proposal for a directive
Recital 12

~~(12) It should likewise be possible for participation by elected municipal officers in the election of a parliamentary assembly to be reserved for own nationals.~~deleted

Amendment 31 #

Proposal for a directive
Recital 12

(12) ~~It should likewise be possible for p~~Participation by elected municipal officers in the election of a parliamentary assembly toshould likewise be reserved exclusively for own nationals. Otherwise, differing rules would apply to non- nationals, with a distinction being made between those who would have the right to vote, following their election, and those who would not. That would furthermore undermine a sense of belonging to a national community.

Amendment 32 #

Proposal for a directive
Recital 15

(15) The accessibility of information on electoral rights and procedures is a key component in ensuring the effective exercise of the right enshrined in Article 20(2), point (b) and Article 22(1) TFEU. Non-national Union citizens should have access to information about their electoral rights and procedures upon their arrival in the Member State, periodically and sufficiently in advance of the municipal elections, in their mother tongue or preferred language.

Amendment 33 #

Proposal for a directive
Recital 15

Amendment 34 #

Proposal for a directive
Recital 16

Amendment 35 #

Proposal for a directive
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, including, where relevant, on the availability of specific means of voting, such as advance voting, postal voting, and electronic and internet voting. The provision of information should be done at local and national level in a coordinated way and in cooperation with civil society organisations. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms.

Amendment 36 #

Proposal for a directive
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, in due time and on a regular basis. Cooperation and coordination should be strengthened and improved between national and local authorities in the Member States with regard to the registration of non-national Union citizens and to providing them with information on their electoral rights and procedures.

Amendment 37 #

Proposal for a directive
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

(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 39 #

Proposal for a directive
Recital 17

(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 be encouraged to provide information also in the mother tongue or preferred language of the non-national Union citizen, indicated at the time of their registration. 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. When necessary, the European Commission should provide support to Member States for the translation of registration and electoral procedures into the official and non-official languages of the European Union.

Amendment 4 #

Proposal for a directive
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, the UN Convention on the Rights of Persons with Disabilities, 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 full and easy access to their electoral rights by removing a~~s many~~ll obstacles to their participation in elections, as ~~possible~~well as access to relevant information.

Amendment 40 #

Proposal for a directive
Recital 17

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 42 #

Proposal for a directive
Recital 17

(17) ~~In order to improve the accessibility of e~~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 depeUnion language of the host Member State so that nationals living on its territory and wishing to participate in the electoral process demonstrate their assimilation through an understanding onf the ~~language understood by the largest group of Union citizens residing therein~~official language of the State concerned.

Amendment 43 #

Proposal for a directive
Recital 17

(17) In order to improve the accessibility of electoral information, such information should be made available in a~~t least one other~~ll 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 44 #

Proposal for a directive
Recital 17

(17) In order to improve the accessibility of electoral information, such information should be made available in at least ~~one~~two other official languages 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 45 #

Proposal for a directive
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 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 .deleted

Amendment 46 #

Proposal for a directive
Recital 18

Amendment 47 #

Proposal for a directive
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 48 #

Proposal for a directive
Recital 19

(19) 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. Where such citizens form more than 20% of the total electorate, derogations are warranted . Such derogations are to be based on the criterion of period of residence.deleted

Amendment 49 #

Proposal for a directive
Recital 19

Amendment 5 #

Proposal for a directive
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 50 #

Proposal for a directive
Recital 19

Amendment 51 #

Proposal for a directive
Recital 20

(20) Member States in which the proportion of non-national Union citizens of voting age exceeds 20% of the total number of Union citizens of voting age who reside there should be able to lay down, in compliance with Article 22(1) TFEU , specific provisions concerning the composition of lists of candidates.deleted

Amendment 52 #

Proposal for a directive
Recital 20

Amendment 53 #

Proposal for a directive
Recital 20

Amendment 54 #

Proposal for a directive
Recital 22

(22) The Kingdom of Belgium is characterized by specific features and balances linked to the fact that Articles 1 to 4 of its Constitution provide for three official languages and a territorial division into regions and communities, as a result of which full application of this Directive in certain communes might have effects such as to necessitate providing for the possibility of a derogation from the provisions of this Directive in order to take account of those specific features and balances;deleted

Amendment 55 #

Proposal for a directive
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, 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.deleted

Amendment 56 #

Proposal for a directive
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 and harmonise 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, information on the measures taken to support participation in elections of non- national Union citizens Such data should be collected in a transparent, secure, and coordinated way across all Member States and on the basis of the same indicators. To that effect, the Commission should set up common indicators for the provision by the Member States of the statistical data concerned. . 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 57 #

Proposal for a directive
Recital 23

Amendment 58 #

Proposal for a directive
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~~and 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 59 #

Proposal for a directive
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 and harmonise 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 6 #

Proposal for a directive
Recital 5

Amendment 60 #

Proposal for a directive
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 and communication of data for municipal elections, it is necessary to introduce regular and harmonised 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 61 #

Proposal for a directive
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 62 #

Proposal for a directive
Recital 24

(24) It is necessary that the Commission conduct its own evaluation of the application of this Directive within a reasonable timeframe from its entry into force, in close connection to the evaluation of the application of the Council Directive 93/109/EC23 of 6 December 1993 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. The next Commission evaluation should assess whether and under which circumstances the rights of non-national Union citizens can be expanded to non-EU citizens as well as to national and regional elections. _________________ 23 Council Directive 93/109/EC of 6 December 1993 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).

Amendment 63 #

Proposal for a directive
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. Member States should ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice or by a person designated by the Member State authorities. _________________ 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 64 #

Proposal for a directive
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~~ensure 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 65 #

Proposal for a directive
Recital 26

Amendment 66 #

Proposal for a directive
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 inclusiveIn order to increase inclusiveness and equal electoral participation for ~~persons~~vulnerable persons, especially people 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 ~~ther~~in that Member State in municipal elections should have due regard tof the needs of these citizens ~~with a disability and older citizens~~. 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. _________________ 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 67 #

Proposal for a directive
Article 2 – paragraph 1 – point d a (new)

(da) 'Union voter’ means any Union citizen of the Union who is entitled to vote in the municipal elections in his or her Member State of residence in accordance with this Directive;

Amendment 68 #

Proposal for a directive
Article 2 – paragraph 1 – point d b (new)

(db) 'Union citizen entitled to stand as a candidate’ means any Union citizen of the Union who has the right to stand as a candidate in elections to the European Parliament in his or her Member State of residence in accordance with this Directive;

Amendment 69 #

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1

~~The Commission is be empowered to adopt~~ delegated ~~acts in accordance with Article 16 concerning the amendment of Annex I in accordance with the notifications received pursuant to the first subparagraph of this paragraph.~~

Amendment 7 #

Proposal for a directive
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~~full and effective access to information and to their electoral rights by removing a~~s many~~ll obstacles to their participation in elections as possible.

Amendment 70 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 (new)

All Member States shall consider introducing automatic voter registration of non-national Union voters upon receiving the consent of the Union citizens concerned at the time of registering as a resident in the Member State of residence. Non-national Union voters who have opted out of automatic registration shall be invited to register as a voter well in advance of the election period.

Amendment 71 #

Proposal for a directive
Article 3 – paragraph 1 a (new)

Where Member States decide to grant third-country nationals who reside within their territory the right to vote and to stand as a candidate in municipal elections, such rights shall not be taken away from certain third-country nationals solely on the basis of their nationality.

Amendment 72 #

Proposal for a directive
Article 4 – paragraph 1

1. If, in order to vote or to stand as candidates, nationals of the Member State of residence must have spent a certain minimum period as a resident in the territory of that State, voters and persons entitled to stand as candidates pursuant to Article 3 shall ~~be deemed to have fulfilled that condition where they have resided for an equivalent period in other Member States~~also be subject to that condition.

Amendment 73 #

Proposal for a directive
Article 4 – paragraph 1

1. If, in order to vote or to stand as candidates, nationals of the Member State of residence must have spent a certain minimum and uniform period as a resident in the territory of that State, voters and persons entitled to stand as candidates pursuant to Article 3 shall be deemed to have fulfilled that condition where they have resided for an equivalent period in other Member States.

Amendment 74 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States of residence may provide that Union citizens who, through an individual decision under ~~civil law or a criminal law~~judicial decision, have been deprived of their right to stand as a candidate under the law of their home Member State shall be precluded from exercising that right in municipal elections. However, decisions on deprivation of legal capacity due to disability taken by the Member State of origin shall not make Union citizens ineligible from voting in municipal elections in their Member State of residence if the law of that Member State upholds that right to all persons with disabilities without restrictions.

Amendment 75 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States of residence may provide that Union citizens who, through an individual decision under civil law or a criminal law decision, have been deprived of their right to stand as a candidate under the law of their home Member State shall be precluded from exercising that right in municipal elections. Decisions on deprivation of legal capacity due to disability taken by the Member State of origin shall not make Union citizens ineligible from standing as a candidate in their Member State of residence if the law of that Member State upholds that right to all persons with disabilities without restrictions.

Amendment 76 #

Proposal for a directive
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

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

Amendment 79 #

Proposal for a directive
Article 5 – paragraph 3

Amendment 8 #

Proposal for a directive
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 many~~ obstacles to their participation in elections ~~as possible~~.

Amendment 80 #

Proposal for a directive
Article 5 – paragraph 3

Amendment 81 #

Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1

The Member States may also lay down that the temporary or interim performance of the functions of a head, deputy or member of the governing college of the executive of a basic local government unit may be restricted to own nationals.deleted

Amendment 82 #

Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1

Amendment 83 #

Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2

Amendment 84 #

Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2

Amendment 85 #

Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2

Amendment 86 #

Proposal for a directive
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.

Amendment 87 #

Proposal for a directive
Article 5 – paragraph 4

~~4. Member States may also provide that Union citizens~~ delected ~~as members of a representative council shall take part in neither the designation of delegates who can vote in a parliamentary assembly nor the election of the members of that assembly.~~

Amendment 88 #

Proposal for a directive
Article 5 – paragraph 4

Amendment 89 #

Proposal for a directive
Article 5 – paragraph 4

Amendment 9 #

Proposal for a directive
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 a~~s many~~ll obstacles to their participation in elections ~~as possible~~.

Amendment 90 #

Proposal for a directive
Article 6 – paragraph 1

1. Persons entitled to stand as candidates pursuant to Article 3 shall be subject to the same conditions concerning incompatibility as they apply, under the laws of the Member State of residence, to nationals of that State.

Amendment 91 #

Proposal for a directive
Article 7 – paragraph 1

1. Voters fulfilling the conditions of Article 3 shall exercise their right to vote in municipal elections in the Member State of residence if they have expressed the ~~wish~~intent to do so.

Amendment 92 #

Proposal for a directive
Article 7 – paragraph 2

2. If voting is compulsory in the Member State of residence, voters pursuant to Article 3 who have been entered on the local electoral roll ~~there~~ shall also be obliged to vote.

Amendment 93 #

Proposal for a directive
Article 7 – paragraph 3

3. Member States ~~where voting is not compulsory may~~shall provide for the automatic registration of voters pursuant to Article 3 on the electoral roll upon receiving the consent of the Union citizens concerned at the time of registering as a resident in the Member State of residence. Non-national Union voters who have opted out of automatic registration shall be invited to register as a voter sufficiently in advance of the polling day.

Amendment 94 #

Proposal for a directive
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 95 #

Proposal for a directive
Article 7 – paragraph 3

3. Member States where voting is not compulsory ~~may~~shall consider provideing for the automatic registration of voters pursuant to Article 3 on the electoral roll.

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 97 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall take the necessary measures to enable a voter pursuant to Article 3 to be entered on the electoral roll ~~sufficiently in advance of~~no later than 14 weeks before polling day.

Amendment 98 #

2. In order to have their name entered on the electoral roll, voters pursuant to Article 3 shall produce the same or equivalent documents as voters who are nationals .

Amendment 99 #