(1a)

The 1992 Treaty on European Union (the ‘Maastricht Treaty’) marked a new stage in the process of creating an ever-closer union among the peoples of Europe. One of its tasks was to organise, 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.

(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 Council Directive 94/80/EC.

(3)

The detailed arrangements governing the exercise of 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 are set out in Council Directive 94/80/EC.

(4)

In the EU Citizenship Report 2020 (22), 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. Taking also into account the experience gained in its application to successive 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.

(4)

In the EU Citizenship Report 2020 (22), 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 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.

(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 .

(5)

The electoral procedure related to municipal elections falls within the competences of the Member States that organise them reflecting their constitutional and specific traditions and in accordance with international and European standards. In line with the International Covenant on Civil and Political Rights , the United Nations 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 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 full and effective access to their electoral rights by removing all obstacles to their participation in municipal elections , as well as by providing full access to relevant information .

(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 as a condition for the exercise of the right, as well as the proofs for demonstrating compliance with such a condition.

(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.

(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.

(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 needs, in any event, to be justified.

(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 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.

(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 Member State of residence, Member States should endeavour to make immediate registration as a voter available, after Union citizens have expressed a wish to vote in their Member State of residence. Where immediate registration was not used, 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 easily accessible and as similar as possible across Member States . 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 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. Member States should establish distinct electoral rolls for municipal and European elections.

(8a)

Member States should ensure that the requirements for registering as a candidate and for submitting a list of candidates respect democratic, proportionate and transparent standards and are applicable to both national and non-national Union citizens.

(8b)

To enable Union 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.

(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.

(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 directly 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 depriving Union citizens of legal capacity due to disability taken by their home Member State should not render them ineligible to stand as candidates in their Member State of residence provided that the law of the Member State of residence upholds that right for all persons with such disabilities without restrictions.

(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 .

(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.

(14)

The right conferred on non-national Union citizens to vote and to stand as a candidate in municipal elections in the Member State of residence is not a substitute for the right to vote and to stand as a candidate in the Member State of which the Union citizen is a national. It is therefore 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 . Provision may therefore be made by Member States where voting is not compulsory to automatically register those citizens on the electoral roll .

(14)

The right conferred on non-national Union citizens to vote and to stand as a candidate in municipal elections in the Member State of residence is not a substitute for the right to vote and to stand as a candidate in the Member State of which the Union citizen is a national. It is therefore 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.

(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.

(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 about electoral procedures upon their arrival in the Member State, periodically and sufficiently in advance of the municipal elections. They should also be informed about the fact that there are distinct electoral rolls for the municipal elections and the elections for the European Parliament.

(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.

(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 , and information on the electoral and political system, including the powers of basic local government units. Such authorities should coordinate information campaigns together with local authorities and, whenever possible civil society organisations, and they should use a wide range of information channels . In order to ensure the effectiveness of communications, information should be provided in due time, on a regular basis and in clear and comprehensible terms , ideally without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages .

(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 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 .

(17)

In order to improve the accessibility of electoral information, such information should be made available in all official languages of the Union and where offered by the authorities, in the preferred language of the Union voter, which they should be able to indicate at the time of registration. Where necessary, the Commission should provide support to Member States for the translation of information on the registration and electoral procedures into the official languages of the Union .

(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 .

(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 Union citizens 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. In view of the limited use made by the Member States of the possibilities laid down in Directive 94/80/EC to derogate from its general rules, those possibilities for derogations should no longer be offered.

(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.

(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.

(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 and consequently the formalities provided for in this Directive can be eased.

(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;

(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.

(23)

Data regarding the exercise of rights and the application of this Directive is important in the evaluation of the relevant Union policy and identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve the collection and reporting of data by Member States 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 , including for people with disabilities. Such data should be collected in a transparent and secure 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.

(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/EC (23) 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.

(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/EC (23) 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 evaluation should be followed, where appropriate, by a legislative proposal to amend this Directive.

(26)

The Member States, by ratifying, and the Union, by concluding (25), 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.

(26)

The Member States, by ratifying, and the Union, by concluding (25), 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 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 specific needs of citizens with a disability and older citizens. In particular, Member States should consider implementing appropriate arrangements tailored to their national voting procedures to facilitate voting by citizens with disabilities, such as the possibility to choose polling stations and the use of assistive technologies, formats and techniques like Braille, large print, audio-based information, tactile stencils, easy to read information and sign language communication. Furthermore, Member States should allow for persons with disabilities to receive, at their request, assistance in voting by a person of their choice. Member States should strive to provide the possibility of postal voting and may provide for other complementary tools to facilitate voting, such as advance physical voting, proxy voting and electronic and online voting.

(da)

‘Union voter’ means 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;

(db)

‘Union candidate’ means 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;

(a)

produce a valid identity document;

(b)

indicate the date from which they have been resident in that Member State or in another Member State;

(c)

if they so wish, indicate one or more language preferences in which they would like to receive the information referred to in Article 12(2), selected among the official languages of the Union, or, where offered by the competent authority, other languages.

(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;

(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 . In case of legitimate doubt regarding the content of the formal 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 Member State ;

(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;

(ea)

if they so wish, indicate one or more languages in which they would like to receive the information referred to in Article 12(2), selected from the official languages of the Union, or, where offered by the competent authority, other languages.

(b)

once available, the date of the election and how and where to vote,

(b)

once available, the date of the election and how and where to vote, including specific means of voting referred to in Article 10, where applicable;

(ba)

the specific measures to facilitate the exercise of the right to vote for particular groups of voters, such as persons with disabilities,

(bb)

information on the electoral and political system, including the powers of basic local government units,

(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.