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European elections: exercise of the right to vote and stand as a candidate in elections to the European Parliament, preventing citizens from voting or standing twice

2006/0277(CNS)

PURPOSE: to amend Directive 93/109/EC on the right to vote and eligibility to stand for European elections, so as to to prevent people from voting or standing as a candidate in more than one Member State in the same elections.

LEGISLATIVE ACT: Council Directive 2013/1/EU amending Directive 93/109/EC as regards certain detailed arrangements for the exercise of the right to 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.

CONTENT: this Directive amends Directive 93/109/EC as regards certain conditions for the exercise of the right to stand as a candidate for election to the European Parliament for EU citizens residing in a Member State of which they are not nationals.

The amended Directive will facilitate the submission of candidates’ applications by means of the following provisions:

  • the abolition of the requirement in Directive 93/109/EC on a Union citizen when submitting his application to stand as a candidate in a Member State other than the home Member State, to produce a declaration from the competent administrative authorities of the home Member State certifying that the person concerned has not been deprived of the right to stand as a candidate in the home Member State or that no such disqualification is known to them;
  • the Member State of residence shall notify the home Member State of such declarations, in order to verify whether the citizen of the Union has in fact been deprived of the right to stand in elections to the European Parliament in the home Member State. Upon receipt of that notification, the home Member State should provide the Member State of residence with relevant information within a time-limit (5 working days) allowing for the admissibility of the candidacy to be effectively assessed. Failure by the home Member State to provide that information on time should not result in the deprivation of the right to stand as a candidate in the Member State of residence;
  • it shall be possible for Member States to set a different deadline for the submission of applications to stand as a candidate by citizens of the Union who are not nationals than that set for national citizens;
  • to facilitate communication between national authorities, Member States should designate one contact point to be responsible for the notification of information concerning such candidates.

To ensure a more efficient identification of candidates registered both on the list of their home Member State and that of the Member State of residence, the list of data to be required from citizens of the Union when submitting an application to stand as candidates in the Member State of residence should include their date and place of birth and the last address of residence in their home Member State.

ENTRY INTO FORCE: 27/10/2013.

TRANSPOSITION: 28/01/2014.