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Local elections (European Union)
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INFORMATION ON COMMUNITY LAW
TopRIGHT TO VOTE AND TO STAND AS A CANDIDATE IN MUNICIPAL ELECTIONS
Every EU citizen residing in an EU country of which he/she is not a national has the right to vote and to stand as a candidate at municipal elections in his/her country of residence, under the same conditions as nationals of that country. The main rule is thus that EU citizens living in another EU country are treated as if they were nationals of the country in which they live.
If an EU country requires a minimum period of residence from its own nationals as a condition for participation in local elections, similar minimum period of residence can be required from non-national EU citizens. However, they are deemed to have fulfilled that condition where they have resided an equivalent period in another EU country.
It should be noticed that Community law guarantees the franchise only in local elections. Right to vote and to stand as a candidate in regional elections or in national elections is covered by national legislation, and it depends thus of the EU country whether it grants the right to participate to regional or national elections to citizen of other EU countries.
TopVOTING IN LOCAL ELECTIONS
An EU citizen can exercise his/her right to vote in the country of residence, if he/she has expressed the wish to do so. The EU voters are entered on the electoral rolls according to the national provisions of the country of residence. In order to have his/her name entered on the electoral roll, an EU voter produces the same documents as a voter who is a national. They can be also required to produce a valid identity document, a formal declaration stating their nationality and their address in the country of residence.
EU citizens, who have been entered on an electoral roll in their country of residence, remain on the roll as long as they satisfy the requirements for exercising the right to vote. If they have been entered on the roll at their request, they can also be removed if they so request.
TopSTANDING AS A CANDIDATE
As regards standing as a candidate, EU citizens must produce the same supporting documents as national candidates, when they present their application for candidacy. They can be also required to produce a valid identity document and a declaration on their nationality and their address in the country of residence. Furthermore, they can be required to state in a formal declaration that they have not been deprived the right to stand as a candidate in their home country, possibly with a respective attestation, and that they hold no public office in their home country, which is incompatible with holding an elected office in the country of residence.
TopREFERENCES
- Council Directive 94/80/EC of 19 December 1994, laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in municipal elections for citizens of the Union residing in a Member State of which they are not nationals.
- Report from the Commission to the European Parliament and the Council on the application of Directive 94/80/EC on the right to vote and to stand as a candidate in municipal elections. COM(2002)260final, 30.5.2002.
