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EU Parliament elections (European Union)
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INFORMATION ON COMMUNITY LAW
TopRIGHT TO VOTE OR TO STAND AS A CANDIDATE IN ELECTIONS TO THE EUROPEAN PARLIAMENT
Who may exercise these rights?
EU citizens residing in a Member State of which they are not nationals have the right to vote or to stand as a candidate in elections to the European Parliament.
What the European Union is doing
Council Directive 93/109/EC of 6 December 1993 lays down detailed arrangements for the exercise of these rights. The terms of the Directive do not affect the Member States' own provisions governing the conditions under which their nationals may exercise the right to vote or stand as a candidate for the election of representatives to the European Parliament, even if the persons concerned reside outside the electoral territory of the country in question.
The requirements for being entitled to vote or stand as a candidate in the Member State of residence are:
- EU citizenship;
- residence in the Member State where the vote is cast or where the person concerned is standing as a candidate;
- compliance with the provisions applicable to nationals of the Member State of residence as regards the right to vote or to stand as a candidate (principle of equality between national and other EU voters).
It is up to each Member State to indicate, if necessary, which persons are to be considered as nationals.
No-one is allowed to vote more than once or to stand as a candidate in more than one Member State at the same election.
EU voters cannot be entered on the electoral roll of the Member State of residence unless they have previously expressed the wish to do so. Anyone opting to vote in the Member State of residence is no longer entitled to vote in their home country . If voting is compulsory in the country of residence, EU voters who are entered on the electoral roll of that country are obliged to vote
With regard to loss of the right to stand as a candidate:
- the principle applying is that of concurrent disqualification in both the Member State of residence and the Member State of origin;
- an application to stand as a candidate must be supported by an attestation from the Member State of origin certifying that the person concerned is not disqualified from standing.
Denial of the right to vote:
The Member State of residence is at liberty to decide whether or not to take account of the fact that a person is deprived of the right to vote in the Member State of origin.
Entry on the electoral roll:
- EU voters are required to produce certain documents in support of their request to be entered on the electoral roll under the same conditions as are applicable to nationals of the country in question;
- Member States may require additional criteria to be fulfilled.
Means of redress are available to EU citizens if they are refused entry on the electoral roll or if their application to stand as a candidate is rejected.
Derogations and transitional provisions, with the period of residence constituting the basic criterion, may be applied:
- in any Member State in which the nationals of other Member States residing in its territory who are of voting age represent more than 20% of its electorate;
- in Member States which have granted, to nationals of other Member States residing in their territory, the right to vote for the national Parliament;
- to EU citizens who already have the right to vote in elections to the European Parliament in the Member State of residence.
REFERENCES
- Council Directive 93/109/EC 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 citizens of the Union residing in a Member State of which they are not nationals.
- Communication from the Commission to the European Parliament and the Council on the application of Directive 93/109/EC to the June 1999 elections to the European Parliament. COM(2000)843final, 18.12.2000.
