European Law Monitor

Make your voice heard!

newsMobile EU citizens: Council strengthens rules on right to vote and stand as a candidate in elections to the European Parliament

The Council adopted today a revised directive aimed at facilitating the right to vote and stand as candidate in elections to the European Parliament (EP) for EU citizens residing in a member state of which they are not nationals.

EU citizens living in another member state are a vital part of our democratic fabric. With these rules, we are making it easier for them to vote – strengthening participation, boosting turnout and building trust in the European Union.

                                                                           Adam Szłapka, Minister for the European Union of Poland

New rules to strengthen electoral rights

The new rules aim to facilitate the supply of information to citizens when voting in European elections, as well as the exchange of relevant information among member states, for instance to prevent both double or undue voting due to a criminal conviction. They will strengthen citizens’ electoral rights, notably through:

  • providing proactive information to citizens concerned about their electoral rights and the conditions for registration, including informative translations in widely understood EU languages
  • standardised registration templates to make registration processes more accessible and understandable, regardless of the country
  • safeguards to prevent citizens from being automatically removed from the electoral rolls of their country of origin when they register abroad, an issue that has previously led to unintentional disenfranchisement

Moreover, the new rules will support the integrity of elections with measures to prevent double voting or candidacy.

Next steps

The legislative act will be published in the EU’s Official Journal and enter into force twenty days after this publication. Member states will have two years after the directive’s entry into force to transpose most of its provisions in their national legislation.

Background

Article 22(2) TFEU and Article 39 of the EU Charter of Fundamental rights give EU nationals residing in another member state the right to vote and stand for EP elections (‘mobile EU citizens’). How this right should work in practice is described in Council directive 93/109/EC. The directive also includes some limited exceptions. For example, citizens may not vote in more than one EU country in the same European elections, which 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.

After the EP elections in 2019, the Commission noted in its 2020 Citizenship report the need to update the Council directives for the EP in order to maximise the ability of mobile voters to exercise their electoral rights.

The update is linked to the Commission's attempt to support broad and inclusive political participation to promote democracy. On 1 January 2024, there were nearly 14 million mobile EU citizens. However, the turnout rates and the number of EU citizens standing as candidates remained proportionally low, which inter alia reveals difficulties in the exercise of their electoral rights.