Next event: Text adopted by Parliament, 1st reading/single reading 2023/02/14 more...
- Decision by Parliament 2023/02/14
- Debate in Parliament 2023/02/13
- Committee report tabled for plenary, 1st reading/single reading 2023/01/23
- Vote in committee 2023/01/12
- Amendments tabled in committee 2022/11/09
- Specific opinion 2022/11/08
- Committee opinion 2022/10/27
- Committee draft report 2022/09/26
- DZHAMBAZKI Angel (ECR) appointed as rapporteur in JURI 2022/07/01
- Contribution 2022/05/18
- BRUDZIŃSKI Joachim Stanisław (ECR) appointed as rapporteur in LIBE 2022/04/20
- MITUȚA Alin (Renew) appointed as rapporteur in AFCO 2022/02/10
Progress: Awaiting final decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | BRUDZIŃSKI Joachim Stanisław ( ECR) | RANGEL Paulo ( EPP), RUIZ DEVESA Domènec ( S&D), TOOM Yana ( Renew), BOESELAGER Damian ( Verts/ALE), FEST Nicolaus ( ID), ARVANITIS Konstantinos ( GUE/NGL) |
Committee Opinion | AFCO | MITUȚA Alin ( Renew) | François ALFONSI ( Verts/ALE), Jacek SARYUSZ-WOLSKI ( ECR), Helmut SCHOLZ ( GUE/NGL), Nathalie COLIN-OESTERLÉ ( PPE), Miroslav ČÍŽ ( S&D) |
Committee Recast Technique Opinion | JURI | DZHAMBAZKI Angel ( ECR) |
Lead committee dossier:
Legal Basis:
RoP 110, TFEU 022-p1
Legal Basis:
RoP 110, TFEU 022-p1Events
The Committee on Civil Liberties, Justice and Home Affairs adopted, in the framework of a special legislative procedure (Parliament’s consultation), the report by Joachim Stanisław BRUDZIŃSKI (ECR, PL) on the proposal for a Council directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast).
The committee called on the European Parliament to approve the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission and as amended below.
Definitions
Members include the definitions of:
- ‘Union voter’ to mean any Union citizen who has the right to vote in municipal elections in this person’s Member State of residence in accordance with this Directive;
- ‘Union candidate’ to mean any Union citizen who has the right to stand as a candidate in municipal elections in this person’s Member State of residence in accordance with this Directive.
Ineligibility
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, should be precluded from exercising that right in municipal elections. However, decisions on deprivation of legal capacity due to disability taken by the home Member State should not make Union citizens ineligible from standing as a candidate in municipal elections in their Member State of residence if the law of that Member State upholds that right to all persons with such disabilities without restrictions.
Freedom to choose to vote in the Member State of residence
The report suggests that Member States should endeavour to introduce immediate registration of nonnational Union citizens as Union voters 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. Union voters who have opted out of immediate registration should be invited to register well in advance of the election period.
Entry and removal from the electoral roll
In order to have their name entered on the electoral roll, Union voters should produce the same or equivalent documents as voters who are nationals. They should also produce a formal declaration in accordance with the template set out in Annex II.
The report adds that the Member State of residence may also require Union voters to:
- produce a valid identity document;
- indicate the date from which they have been resident in that State or in another Member State;
- if they so wish, indicate one or more language preferences in which they would like to receive the information, selected among the official Union languages, or, where offered by the competent authority, other languages.
Union voters who have been entered on an electoral roll in the Member State of residence should 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.
Registration as a candidate
When submitting an application to stand as candidates, non-national Union citizens should produce the same or equivalent supporting documents as candidates who are nationals. 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.
In case of legitimate doubt regarding the content of the declaration, the Member State of residence may directly request to the home Member State 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.
Specific means of voting
Member States should endeavour to provide for the possibility to vote by means of postal voting in municipal elections. Where possibilities of postal voting, advance voting, proxy voting or electronic and internet voting are available in municipal elections to their nationals, Member States should ensure that such means of voting are also available under the same conditions to Union voters.
Provision of information
Member States should ensure that the designated authority should directly and individually communicate to Union voters and Union candidates the following information the specific measures to facilitate the exercise of the right to vote to particular groups of voters, such as persons with disabilities.
A new article is proposed stipulating that the European Commission should 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 and the relevant information is made available to these citizens in a clear and accessible manner, in all official languages of the Union, where necessary, including via Europe Direct and Your Europe.
In addition, Member States should ensure that information on conditions and detailed rules for registration as a voter or candidate in municipal elections and relevant information is made accessible to persons with disabilities, older persons, people in remote areas, minority groups.
PURPOSE: to lay down detailed arrangements for the exercise of the right to vote and stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast).
PROPOSED ACT: Council Directive.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Council Directive 94/80/EC sets down the detailed arrangements for the exercise of their electoral rights in municipal elections in the Member State of residence. n the EU Citizenship Report 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.
Despite the measures currently in place, mobile EU citizens still face difficulties in exercising their electoral rights in municipal elections. Problems include difficulties for mobile EU citizens to obtain correct information on how to exercise their electoral rights, burdensome registration processes and the effect of deregistration from elections in the Member State of origin. It is necessary to revise the Directive´s Annex due to changes in some Member State’ ‘basic local government units’ and to the withdrawal of the United Kingdom from the European Union.
CONTENT: this proposal intends to update Council Directive 94/80/EC on the right to vote and to stand as a candidate in municipal elections. The main aim is to facilitate the provision of information to citizens and to update outdated and obsolete provisions in the Annex to the Council Directive.
More specifically, the proposal seeks to:
- simplify registration requirements and improve information provision and awareness on voting for mobile EU citizens supports free movement and integration;
- guarantee higher standards for providing electoral information to mobile EU citizens. The proposal requires Member States to appoint authorities that will proactively inform mobile EU citizens residing on their territory of the conditions and detailed rules for registration as a voter or candidate in municipal elections, before and after their registration. This could also entail the provision of information and the use of means of communication adapted to specific voter groups such as young voters;
- provide for an obligation for the authorities appointed by Member States to communicate to mobile EU citizens who were registered as voters or as candidates, specific and tailored information on the following: (i) the status of their registration; (ii) once available, the date of the election and how and where to vote; (iii) the relevant rules on voter and candidate rights and obligations, including prohibitions and incompatibilities, and applicable sanctions in the case of violation of electoral rules; (iv) means of obtaining further information on the organisation of the election including the list of candidates;
- reduce administrative barriers faced by mobile EU citizens by putting in place standardised templates for the formal declarations that have to be produced by mobile EU citizens in order to register as voters and candidates;
- limit the scope of registration of mobile EU citizens on the electoral rolls of the host Member State, preventing de-registration from electoral rolls of the home Member State solely on this basis;
- require regular monitoring and reporting of implementation by Member States. Reports will contain relevant statistical data on the participation in municipal elections of voters and candidates and a summary of measures taken in that regard. This will allow the Commission to assess the efficiency of the methods employed by Member States and offer alternatives for improvement;
- provide for an evaluation of the application of the Directive within two years after the 2029 elections to the European Parliament;
- confer upon the Commission the power to adopt delegated acts to ensure that the list of basic local administrative units remains up-to-date and that the templates of the formal declarations submitted by mobile EU citizens at their registration as voters or candidates continue to comprise relevant data;
- require Member States to ensure access for mobile EU citizens to the same means of advance voting, postal voting, electronic voting and internet voting, that is available to their own nationals in municipal elections.
Documents
- Text adopted by Parliament, 1st reading/single reading: T9-0038/2023
- Decision by Parliament: T9-0038/2023
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A9-0005/2023
- Amendments tabled in committee: PE737.413
- Specific opinion: PE738.428
- Committee opinion: PE719.611
- Committee draft report: PE736.363
- Contribution: COM(2021)0733
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0357
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0358
- Legislative proposal published: COM(2021)0733
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2021)0357
- Document attached to the procedure: EUR-Lex SWD(2021)0358
- Committee draft report: PE736.363
- Committee opinion: PE719.611
- Specific opinion: PE738.428
- Amendments tabled in committee: PE737.413
- Text adopted by Parliament, 1st reading/single reading: T9-0038/2023
- Contribution: COM(2021)0733
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