INCEPTION IMPACT ASSESSMENT

Inception Impact Assessments aim to inform citizens and stakeholders about the Commission's plans in order to allow them to provide feedback on the intended initiative and to participate effectively in future consultation activities. Citizens and stakeholders are in particular invited to provide views on the Commission's understanding of the problem and possible solutions and to make available any relevant information that they may have, including on possible impacts of the different options.

Title of the initiative

Supporting broad and inclusive participation of mobile EU citizens in municipal elections in Europe and in the elections to the European Parliament

Lead DG (responsible unit)

DG JUST.D3
DG SG.F1

Likely Type of initiative

Legislative

Indicative Planning

Q4 2021

Additional Information

https://ec.europa.eu/info/policies/justice-and-fundamental-rights/eu-citizenship/electoral-rights_en 

The Inception Impact Assessment is provided for information purposes only. It does not prejudge the final decision of the Commission on whether this initiative will be pursued or on its final content. All elements of the initiative described by the Inception impact assessment, including its timing, are subject to change.

A. Context, Problem definition and Subsidiarity Check

Context

EU citizens who live in another Member State than their country of origin (“mobile EU citizens”) have the right to vote for and stand as a candidate in European Parliament elections in the country in which they reside on the same conditions as nationals of that country. They also have the right to vote for and stand as a candidate in local or municipal elections in the Member State in which they live, under the same conditions as nationals of that Member State.

Directives 93/109/EC 1 and 94/80/EC 2   provide detailed arrangements for the exercise of these rights in European and municipal elections, respectively. They establish minimum standards and procedures for the right of mobile EU citizens to vote and stand as candidates. Both directives also include obligations to support the participation of mobile EU citizens, for example, by receiving relevant information in time. Directive 93/109/EC furthermore foresees a process for the exchange of information among Member States regarding registered voters to help ensure that citizens do not vote more than once in a European Parliamentary election.

These rights become relevant to more EU citizens each year, with growing mobility among Member States. Yet, shortcomings have been identified regarding the effective tackling of multiple voting (voting in more than one country in the same election), clarity of registration deadlines, requirements and their impacts, as well as timely and clear communication of electoral processes, steps and dates. The COVID-19 pandemic has shed additional light on difficulties the mobile EU citizens face when exercising their electoral rights in another Member State. To ensure that mobile EU citizens can continue to effectively exercise their democratic rights in light of these encountered issues, growing mobility and increasing digitalisation, the Commission proposes to update Directives 93/109/EC and 94/80/EC to improve the electoral rights of mobile Europeans, as set out in the Commission Work Programme 2021.

This work adds to the European Commission’s comprehensive efforts to support broad and inclusive political participation. It forms part of the Commission’s new push for European democracy and follows the announcement made in the 2020 Citizenship Report 3 .

Problem the initiative aims to tackle

In 2019 4 , it was estimated that of the over 17 million mobile EU citizens in the EU, almost 14 million were eligible to vote (over 3% of the total EU voting population) 5 . Yet the turnout rates and the number of mobile EU citizens standing as candidates continue to be lower than comparable groups nationally and they still face difficulties in the exercise of their electoral rights 6 . This indicates that there are issues for mobile EU citizens in fully exercising their electoral rights.

Based inter alia on the Commission’s report of February 2018 on the application of Directive 94/80/EC on the right to vote and to stand as a candidate in municipal elections, the Commission’s report of June 2020 on the 2019 European Elections, the 2020 Citizenship Report, and the ongoing exchanges within European Cooperation Network on Elections, as well as with the expert group on electoral matters, the following problems have been provisionally identified:

·The exchange of information between national authorities on mobile EU citizens is hindered by variation in the scope of the data exchanged and deadlines for data collection. For example, while some EU Member States register the voters’ date of births on the electoral roll, others do not, which makes it difficult to identify mobile citizens in their countries of origin on the basis of the information collected and transmitted by their countries of residence. Additionally, this sensitive data must be exchanged swiftly and securely. Although protocols are in place for this, they could be strengthened with a clear focus on security. As a consequence, it is more difficult to address multiple voting, as well as to check in due time if a citizen registering to stand as a candidate has previously been deprived of this right in the country of origin (for example because of a criminal conviction).

·The duration and effects of registering on an electoral roll are not always clear. In some Member States, voters register for all elections, and registering to vote in municipal elections in the country of residence can result in deregistration for all other elections in the country of origin. This is in part due to Member States de-registering their citizens if they have been informed that these citizens intend to vote elsewhere.

·Clear communication about upcoming elections is lacking. Obligations to notify mobile EU citizens of their registration to vote cannot always be met and information about upcoming municipal or European elections are not always shared on time. Linguistic barriers also make it more difficult for EU mobile citizens to obtain information.

·Administrative barriers are also in place that make it difficult for mobile EU citizens to stand for executive office in municipal elections. Additionally, their voting rights are sometimes extended to other intermediary levels of governance, like city regions, at sometimes not.

On top of these identified issues, wider trends like the possible increase in the digitalisation of registration procedures or the provision of electronic voting also need to be considered. It is important that Member States which foresee the use of digital identification for purposes of registration and other electoral services make such digital tools available to mobile EU citizens in the same way as to their nationals. The impact of the COVID-19 pandemic on the exercise of electoral rights of mobile EU citizens also needs to be taken into account. Additionally, Directive 94/80/EC defines a “basic local government unit” for each Member State, making explicit reference to the United Kingdom. This will need to be revised in light of Brexit.

Given that prior material, including the above mentioned Commission reports and surveys, clearly indicate the need for the two directives to be updated, and seeing how they provide adequate information on which issues need to be addressed, the available material is considered sufficient for the evaluation step to be adequately incorporated in the impact assessment and supporting study. Therefore, no separate evaluation will be carried out.

Basis for EU intervention (legal basis and subsidiarity check) 

The issues at stake are part of the shared competences of the EU. Article 20.2 and 22 of the Treaty on the Functioning of the European Union as well as Articles 39 and 40 of the EU Charter of Fundamental Rights provide that citizens of the Union have the right to vote and stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as national of that State. Strengthening these rights is by its very nature a crossborder issue. Directives 93/109/EC and 94/80/EC lay down the necessary arrangements to exercise these rights. Action at the EU level is needed to update these directives and ensure the proper application and the strengthening of these rights.

B. Objectives and Policy options

The overall objective of this initiative is to update Directives 93/109/EC and 94/80/EC in order to reinforce the exercise of electoral rights of mobile EU citizens and address, in line with fundamental rights and non-discrimination requirements, areas where provisions can be updated, clarified and strengthened so that they are fit to support broad and inclusive participation of mobile EU citizens. To this end, the Commission has provisionally identified a baseline scenario (see for the European elections the Commission’s report on the 2019 European Elections), as well as three policy options as the main routes for a possible future initiative. Other options may still be explored.

Policy Option 1: No changes to the Directives, but new soft law measures

The first policy option does not change Directives 94/80/EC and 93/109/EC. Existing policies to support inclusive participation of mobile EU citizens would continue, as well as the exchange of best practices to support participation within relevant expert groups. Soft law measures, including recommendations and funding initiatives, would continue to promote inclusive participation and the enjoyment of democratic rights of all citizens. Additional soft law measures would be considered, which might also encompass a recommendation encouraging additional remote voting options for mobile EU citizens to facilitate the exercise of their voting rights in European elections. Further common resources and procedures could be foreseen, for instance to support the secure transmission of data currently facilitated by a Commission encryption tool, and potentially other aspects of the European elections, such as the transmission of the results. A pan-European targeted communication campaign to inform mobile EU citizens of their rights could be launched. Member States could consider voluntarily extending the right to vote in municipal elections to other intermediary levels of governance, such as city regions.

Policy Option 2A: Update of Council Directive 94/80/EC

Under option 2A, Council Directive 94/80/EC is updated to facilitate the exercise of electoral rights for EU mobile citizens in municipal elections in the EU, reflecting also legislative practice adopted since the introduction of the Treaty of Lisbon. The United Kingdom is removed from the annex of the Directive following the departure of the country from the EU.

Policy Option 2B: Update of Council Directive 93/109/EC and introduce a shared resource

Under this option, Council Directive 93/109/EC is updated to facilitate the exercise of electoral rights for EU mobile citizens in elections to the European Parliament, reflecting also legislative practice adopted since the introduction of the Treaty of Lisbon.

Options 2A and 2B are also considered in combination and synergies between them are reviewed. Legislative changes would include the requirement of notification of mobile EU citizens of their right to vote at municipal and European elections upon registering in a new Member State. It would also include a duty to inform mobile EU citizens about registration deadlines and requirements in plain language and in advance of elections to ensure that mobile EU citizens have sufficient time to register ahead of an election. The information would cover the duration of the registration and its impact on registration for participation in other elections. Additionally, security requirements would apply to the exchange of information about mobile EU citizens registering to vote or stand for municipal or European elections and a European coordinated format would support such exchanges. Specific measures would address in a coordinated way issues like queries and faults. Where remote voting or digitally enabled voting is allowed for nationals, the same rights would apply to mobile EU citizens residing in that country, under the same conditions as nationals.

Furthermore, for European elections a dedicated shared resource would be set up and connected to already existing services to support EU citizens, including mobile EU citizens, in exercising their electoral rights, and electoral authorities in the administration of elections. It would answer questions on elections to the European Parliament in all languages of the European Union, support citizens in finding solutions to relevant issues and provide targeted information for mobile EU citizens.

Policy Option 3: Option 2A+2B and additional harmonisation

This option builds on the measures of 2A and 2B. Additionally, common and harmonised workflows would be established to guarantee that similar information on mobile EU citizens is exchanged more swiftly and efficiently and other harmonised measures would be foreseen.

For municipal elections, the scope of the exemption allowing Member States to limit the right for mobile EU citizens from standing for executive office in municipal elections would be reduced.

For European elections, deadlines for registration and notification of such registration would be harmonised across the EU. Automatic de-registration would be limited to match only the type of new registration: if EU citizens move to a new Member State and register for European elections, their Member State of origin would only de-register them for European elections. Coordinated processes would be established to ensure that administrative steps are performed efficiently, transparently (in particular to the citizens involved) and can be reversed readily if needed.

All options will be considered against a baseline scenario, where no changes are made and no new soft law measures are introduced. The options will take into account the impact of the post-COVID recovery measures (including ongoing sanitary measures) and the necessary adaptations to the provision of free and fair elections in the European Union (including any likely increase in the digitalisation of registration procedures or the provision of electronic voting).

C. Preliminary Assessment of Expected Impacts

Likely economic impacts

Setting up a dedicated shared resource to support EU citizens in exercising their electoral rights would require resources. Yet, efficient coordination and cooperation measures among the Member States are likely to generate savings derived from a facilitated exchange of information and procedural certainty, limiting the cost and time needed to process files. A more effective exchange of information would also allow for more targeted messages to mobile EU citizens, which could save costs on outreach and communication campaigns. Moreover, increased confidence in the possibility to exercise one’s electoral rights in the country of residence could further strengthen the freedom of movement within the EU, which benefits the overall economy.

Likely social impacts

By further facilitating the exchange of voter registration information, the initiative would make it easier for national and local administrations to monitor the issue of double voting, as well as to fulfil their obligations to notify mobile EU citizens of their registration to vote and provide them with timely information about upcoming municipal or European elections. This would help better inform mobile EU citizens of their rights, as well as the administrative steps that need to be taken to exercise these rights. Having more mobile EU citizens participate in local and European elections, be it as voters or political candidates, would contribute to a more pluralist democratic discourse that captures the cultural diversity of citizens more fully.

Likely environmental impacts

No measurable environmental impacts are expected.

Likely impacts on fundamental rights

The right of mobile EU citizens to vote and stand as candidates in local or municipal and European elections in the Member State in which they reside under the same conditions as nationals of that State are enshrined in Articles 39 and 40 of the EU Charter of Fundamental Rights. Facilitating the inclusive exercise of these rights constitutes the core objective of the initiative. Particular attention has to be paid to further ensure an equal participation of all mobile EU citizens, both men and women in all their diversity. Any policy option will also have to respect data protection rights. The exchange of sensitive voter registration data between responsible authorities needs to be conducted through secure channels and fully respect data protection requirements.

Likely impacts on simplification and/or administrative burden

The initiative might incur initial costs by deepening collaborative networks and setting up digital or physical meetings. However, facilitating the coordination and cooperation among EU Member States should make it easier for national and local authorities to exchange comparable data more efficiently while respecting diverging registration periods. This can substantially alleviate administrative burden linked to cross-country coordination. Policy options take into account the added value of modern digital technologies that can further speed up secure coordination while ensuring its cost efficiency. Mobile EU citizens will also see a reduced administrative burden when registering for local or municipal and European elections by receiving more timely and relevant information. Closer coordination could moreover ensure that mobile EU citizens are not automatically deregistered for all elections in their home country without notification, when registering for an election in their country of residence. This will significantly decrease the administrative burden on affected citizens, who previously had to engage in lengthy administrative procedures to avoid or reverse deregistration.

D. Evidence Base, Data collection and Better Regulation Instruments

Impact assessment

The impact assessment is being prepared to support the preparation of this initiative and to inform the Commission's decision. If supported by the findings of the impact assessment, a legislative proposal could follow in Q4 2021.

Evidence base and data collection

The evidence base is drawn from the following: Eurostat’s statistical overview of mobile EU citizens, the study by the EU-CITIZEN network of experts on citizenship rights on the Political participation of mobile EU citizens: Network of academics, the Commission’s report of February 2018 on the application of Directive 94/80/EC on the right to vote and to stand as a candidate in municipal elections, the Commission’s Communication as well as Recommendation on enhancing the European nature and efficient conduct of the 2019 elections to the European Parliament, the Commission’s report of June 2020 on the 2019 European Elections, the 2020 Citizenship Report, and the ongoing exchange within the expert group on electoral matters, as well as the European Cooperation Network on Elections. The recent public consultation for the 2020 EU Citizenship report (9 July 2020 - 1 October 2020) also contained questions on mobile EU citizens’ exercise of electoral rights, and the results of that consultation will be used as a basis for targeted stakeholder and open public consultations. Moreover, Flash Eurobarometer 485 on EU citizenship and democracy, as well as the Standard Eurobarometer 94.1 (fieldwork conducted in November 2020), include questions on elections relevant to this initiative.

Consultation of citizens and stakeholders

The consultation process aims to fill any gaps in the rich knowledge base to delve deeper into the main problems mobile EU citizens face when exercising their electoral rights. To this end, the thoughts and voices of citizens, civil society and national administrations will be actively sought out through

·An online public consultation that will build on the findings of the public consultation of the 2020 Citizenship Report, which included initial questions on the initiative.

·Discussion in the relevant Council Working Groups and Parliament committees in the context of the 2020 Citizenship Report.

·Dedicated sessions of the European Cooperation Network on Elections and the expert group on electoral matters to obtain direct input from relevant Member State authorities.

·Focus group(s) with local administrations in collaboration with the Committee of the Regions.

A study is also being conducted, which will particularly seek to strengthen our understanding of the current legal and policy context, and analyse the likely economic and social impacts of the policy options. The public consultation will be available in all official languages and promoted through the Commission’s website (Have your say), as well as through the targeted stakeholder events envisaged. Broad outreach to the wider stakeholder community will be organised to support quality input.

Will an Implementation plan be established?

Depending on the policy option pursued, an implementation plan may be needed. Implementation of binding measures relevant to European elections will be needed ahead of the European elections and will require monitoring and support. Evaluation of this implementation during and following the elections will be conducted as a part of the usual reporting process. A periodic assessment of the implementation of the municipal elections measure is also needed.