(1)

A number of amendments are to be made to Council Directive 94/80/EC (2). In the interests of clarity, that Directive should be recast.

(2)

Article 20(2), first subparagraph, point (b), and Article 22(1) of the Treaty on the Functioning of the European Union (TFEU) confer on Union citizens residing in a Member State of which they are not nationals the right to vote and to stand as a candidate in municipal elections in their Member State of residence under the same conditions as nationals of that Member State. The right, which is also affirmed in Article 40 of the Charter of Fundamental Rights of the European Union (the ‘Charter’), gives specific expression to the principle of equality and non-discrimination on grounds of nationality, set out in Article 21 of the Charter. It is also a corollary of the right to move and reside freely enshrined in Article 20(2), first subparagraph, point (a), and Article 21 TFEU and Article 45 of the Charter.

(3)

The detailed arrangements governing the exercise of the right to vote and to stand as a candidate in municipal elections are set out in Directive 94/80/EC.

(4)

In 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. In view thereof, taking into account the experience gained in the application of Directive 94/80/EC for successive elections, and in order to take account of changes introduced by the amendments to the Treaties, several provisions of that Directive should be updated.

(5)

The electoral procedure related to municipal elections falls within the competence of the Member States that organise them in accordance with their specific traditions and with international and European standards. In line with International Covenant on Civil and Political Rights and the provisions 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.

(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 a candidate in municipal elections under the same conditions as nationals of their Member State of residence, 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 as a condition for the exercise of the right, as well as the proof required in order to demonstrate compliance with such a condition.

(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 as a candidate in municipal elections unless, exceptionally, different treatment of nationals and non-nationals is justified by circumstances specific to the latter distinguishing them from the former.

(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. In order to be registered, it should be sufficient for the Union citizens concerned to produce the same documents as voters who are nationals. Member States should be able to require voters who are non-national Union citizens to produce a valid identity document and a formal declaration that includes elements demonstrating 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. Where applicable, Union citizens should be able to provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.

(9)

While Member States are competent to determine the right to vote or to stand as a candidate in municipal elections as regards nationals who reside outside their territory, the fact that non-national Union citizens have been entered on the electoral roll of their Member State of residence should not in itself constitute grounds for their removal from the electoral roll of their home Member State.

(10)

Deprivation of the right to stand as a candidate maybe 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.

(11)

Since the duties of the leadership of basic local government units can 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, while fully respecting the principle of proportionality.

(12)

It should likewise be possible for participation by elected municipal officers in the election of a parliamentary assembly to be reserved for a Member State’s own nationals.

(13)

Where Member States’ laws provide that the holding of elected municipal office is incompatible with holding other offices, Member States should be able to extend the scope of such laws to include equivalent offices held in other Member States.

(14)

It is necessary to ensure that the freedom of Union citizens to choose whether or not to take part in municipal elections in the Member State in which they reside is respected and that those citizens are able to express their wish to exercise their right to vote in their Member State of residence. It is therefore appropriate for provision to be made by Member States where voting is not compulsory to automatically register those citizens on the electoral roll.

(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), first subparagraph, point (b), and Article 22(1) TFEU.

(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 ensure that competent authorities provide appropriate information to Union citizens on their rights under Article 20(2), first subparagraph, point (b), and Article 22(1) TFEU and the relevant rules and procedures regarding participation in and the organisation of municipal elections. Competent authorities should be understood to include authorities designated at a subnational level where responsibility for the organisation of municipal elections is ordinarily exercised at that level in accordance with the national constitutional order. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms. This means that information should be provided in a manner that the person concerned can be reasonably expected to understand. The requirement for clear and plain language is to be seen in the context of the formal requirements for administrative procedures in the Member State. It should be possible for Member States to make reference to provisions of national law when informing the person concerned of a decision on an application to register as candidate or voter within the meaning of this Directive. It should be possible for competent authorities to notify an authorised representative of such a decision.

(17)

In order to improve the accessibility of electoral information, general information on the organisation of elections, conditions for registration for voters and candidates, the date of the election and how and where to vote should be made available, for example on a generally accessible website that enables automated translation, in at least one other official language of the Union. Translations in such other languages should be purely informative and should not have any legal effect. If any questions arise with regard to the accuracy of the information contained in those translations, only the versions in the official language or languages of that Member State should be considered legally binding.

(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 set out in Article 52 of the Charter, including the requirement for any limitations on the exercise of the right to vote and to stand as a candidate in municipal elections to be provided for by law and to be subject to the principles of proportionality and necessity. In addition, any derogation has to be in line with Article 47 of the Charter.

(19)

Specific problems could arise in a Member State in which the proportion of Union citizens of voting age who reside in it but are not nationals of it is very significantly above average. Derogations regarding the right to vote are warranted where such citizens form more than 20 % of the total electorate. Such derogations should be based on the criterion of period of residence.

(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 have the possibility to lay down, in compliance with Article 22(1) TFEU, specific provisions concerning the composition of lists of candidates.

(21)

Account has to be taken of the fact that, in certain Member States, residents who are nationals of other Member States have the right to vote in elections to the national parliament. Certain provisions of this Directive may consequently be dispensed within those Member States.

(22)

The Kingdom of Belgium is characterised 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, the 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.

(23)

The Commission should regularly assess the application of this Directive and submit a report in that regard to the European Parliament and to the Council. The report should include information on the measures taken by Member States to support participation in elections of non-national Union citizens and, where available, statistical data regarding the exercise of their electoral rights. Such statistical data could include data on the registration of voters and candidates and on voter turnout, as well as aggregated anonymised data on nationality, age, language and location. Taking into account their administrative capacity and the fact that there is no obligation to collect or create new data, Member States should make best efforts to support that exercise by providing the available information in a timely manner on the basis of a questionnaire circulated by the Commission.

(24)

Where applicable, the processing of personal data for the purpose of providing to the Commission statistical data on the participation of non-national Union citizens in elections should be carried out in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council (3) and Regulation (EU) 2018/1725 of the European Parliament and of the Council (4), including the principles of purpose limitation, data minimisation, storage limitation and integrity and confidentiality. In particular, the processing of personal data for statistical purposes should be subject to appropriate safeguards, in accordance with Article 89(1) of Regulation (EU) 2016/679 and Article 13 of Regulation (EU) 2018/1725. In that regard, data should be shared by using privacy-enhancing technologies that are specifically designed to implement those principles. Statistical data processed for the purposes of this Directive should be aggregated to such a degree that individuals cannot be identified.

(25)

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 conjunction with the evaluation of the application of Council Directive (EU) 2025/1788 (5).

(26)

In order to ensure that the list of basic government units in Member States remains up to date, the power to adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the list of basic government units. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (6). In particular, to ensure timely access to all information regarding the preparation of delegated acts, the Council should receive all documents at the same time as Member States’ experts, and its experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(27)

The Member States, by ratifying the United Nations Convention on the Rights of Persons with Disabilities, and the Union, by concluding that Convention by means of Council Decision 2010/48/EC (7), have committed themselves to ensuring compliance with that Convention, including Article 29 thereof on participation in political and public life. In order to support inclusive and equal electoral participation for persons with disabilities, arrangements for non-national Union citizens 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 of older citizens.

(28)

Regulations (EU) 2016/679 and (EU) 2018/1725 apply to personal data processed when implementing this Directive.

(29)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered formal comments on 17 January 2022.

(30)

This Directive respects fundamental rights and the principles recognised in particular by the Charter, in particular Articles 21 and 40 thereof. Accordingly, it is essential that this Directive be implemented in accordance with those rights and principles by ensuring full respect for, inter alia, the right to protection of personal data, the right to non-discrimination, the right to vote and to stand as a candidate in municipal elections, the freedom of movement and of residence and the right to an effective remedy.

(31)

The obligation to transpose this Directive into national law should be confined to those provisions that represent a substantive amendment as compared to the earlier Directives. The obligation to transpose the provisions that are unchanged arises under the earlier Directives.

(32)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law of the Directives set out in Annex II, Part B,