EU citizens' electoral rights

All EU citizens have the right to vote for and stand as a candidate in European Parliament elections in their country of origin, or if they live in another EU country, they may choose to vote and stand there, under the same conditions as the nationals of that country.

EU citizens who live in another EU country also have the right to vote and stand as candidate in local or municipal elections in the country they live in, again under the same conditions as the nationals of that country.

This is in Article 22 of the EU treaty and Articles 39 and 40 of the EU Charter of Fundamental Rights.

Municipal elections

The EU has issued a directive which explains the detail of how the right to vote and stand as a candidate in local and municipal elections in the country in which you live works. It includes some limited exceptions, principally

  • national governments may decide that the leaders of local and municipal governments (mayors, heads of local authorities etc – this is defined in the directive) can only be one of their own nationals.
  • national governments may require a minimum period of residence for EU citizens to participate in local elections if more than 20% of the voting population are non-nationals – this is very rare

The Commision publishes reports on the implementation of EU law in local and municipal elections and ways to promote electoral rights. The most recent was announced in February 2018.

European Parliament elections

In September 2018 the Commission issued a package of measures to support free and fair European elections, including a Communication; a Recommendation on election cooperation networks online transparency protection against cybersecurity incidents and fighting disinformation campaigns in the context of elections to the European Parliament; and a Guidance document on the application of Union data protection law in the electoral context. See also the Factsheets on  Free and fair European elections and on Protecting Europeans’ personal data in elections

In February 2018 the Commission issued a Communication and a Recommendation on enhancing the European nature and efficient conduct of the 2019 elections to the European Parliament.

The common rules and principles for European Parliament elections are explained in the EU treaties, which also include a specific Act on elections.

They guarantee that Members of the European Parliament represent the citizens of the European Union, and are elected by proportional representation, by direct universal suffrage, and by a free and secret ballot.

EU countries regulate how these elections are run according to their own laws and voting traditions, provided that they do so in ways that are compatible with these general EU laws and principles.

When it comes to the right to vote and stand as candidates in elections to the European Parliament for EU citizens living in an EU country which is not their country of origin, the EU has also issued a directive to explain the detail of how this right should work in practice.

It also includes some limited exceptions, principally

  • you may not vote in more than one EU country in the same European elections (this can also be a criminal or administrative offence in national law)
  • national governments may require a minimum period of residence for EU citizens to participate in European elections, if more than 20% of the voting population is made up of non-nationals – this is very rare

For more information on national electoral laws, the European Union Observatory on Democracy (EUDO) produces a database on national electoral laws (external).

The Court of Justice confirmed that it is up to EU countries to regulate aspects of the European Parliament electoral procedure that are not harmonised at EU level.

European cooperation network on elections

The Election package adopted by the Commission on 12 September 2018, in particular its Communication[1] and Recommendation[2], encourages Member States to set up national election networks, involving national authorities with competence for electoral matters and authorities in charge of monitoring and enforcing rules related to online activities relevant to the electoral context. The national election cooperation networks appointed contact points to take part in a European cooperation network for elections. The European cooperation network serves to alert on threats, exchange on best practices among national networks, discuss common solutions to identified challenges and encourage common projects and exercises among national networks.
It also supports cooperation with other European level groups and bodies, thereby enabling mutual support and a wider and effective dissemination of relevant alerts and other information. While in the immediate term the focus of the European network are the upcoming 2019 European elections, its broad objective is to support the integrity of elections and electoral processes in the EU in general. Up to four meetings will be held in 2019, with semi-annual meetings from 2020 onwards.

Letter from Commissioner Vera Jourová to national political parties, inviting support for free and fair elections

Terms of reference

Overview of membership

Meeting of 21 January 2019

Agenda

Minutes

Meeting of 27 February 2019

Agenda

Electoral package

Factsheets

What has the European Commission done?

European Parliament elections

In January 2017, the Commission published its report on EU citizenship, which includes as one of its 4 themes, the Commission’s priorities for the run up to the next European elections in 2019. See also summary Factsheet: EU Citizenship Report 2017.

In May 2015, the Commission published a report on the 2014 European Parliament elections. This report reviews the 2014 elections, including measures taken to enhance their transparency, and democratic conduct.

In March 2014 the Commission presented a pre-election report on further enhancing the democratic and efficient conduct of the European Parliament elections.

Ahead of the 2014 European elections, the Commission published a recommendation and a communication. The recommendations are addressed to EU countries, national political parties and to European political parties.

Voting rights of expatriates

In January 2014 the European Commission published two guidance documents for EU countries on the loss of voting rights for citizens in national elections. In some EU countries, EU citizens can lose their voting rights simply because they decide to live in another EU country.

Whilst EU countries are competent to determine who can benefit from the right to vote in national elections, such practices can negatively affects people's right to free movement (recommendation, communication).

Knowing your rights and where to get help

Further reading