Brussels, 29/01/2014 (Agence Europe) - Setting up life in another EU member state and consequently losing one's rights to vote in the elections of the country of origin is a situation that European Commissioner for Justice, Fundamental Rights and Citizenship Viviane Reding finds unjust and wants to remedy. It is for this reason that she proposed several non-binding recommendations on Wednesday 29 January for the five countries applying this type of rule (UK, Malta, Cyprus, Denmark and Ireland). Germany and Austria are also included in the initiative.
“Whilst under the existing EU treaties, member states are competent to determine who can benefit from the right to vote in national elections, disenfranchisement practices can negatively affect EU free movement rights. Disenfranchisement practices are also at odds with the founding premise of EU citizenship which is meant to give citizens additional rights, rather than depriving them of rights”, says the European Commission in a press release. The Court of Justice of the EU has already ruled on this criterion of residence used to remove the right to vote and did not judge it to be inappropriate. However, it recalled that this criterion must not lead to a violation of the general principles of the EU - such as that of non-discrimination.
In Denmark, the arrangement governing expatriates' right to vote is also written into the constitution, “which is not easy to change”, said Reding at a press conference. The Danish authorities are nevertheless open as regards the issue and are ready to discuss their system, Reding stated.
According to the Commission's explanations, the modalities for removing the right to vote vary considerably between member states. In Cyprus, citizens lose their right to vote if they have not resided in Cyprus during the six months prior to the election. In order to participate in an election in the UK, British citizens must have been registered in a UK constituency for the last 15 years. In other words, a British citizen loses his/her right to vote after 15 years of residence abroad - which the Commission deems to be restrictive. In Denmark, citizens who leave the country are only authorised to remain on the electoral lists if they intend to return to Denmark within two years (for Ireland this is 18 months). “The main justification for disenfranchisement rules - that citizens living abroad no longer have sufficient links with their home country - seems outdated in today's interconnected world”, the Commission states.
It is for this reason that the Commission has published four recommendations, asking these member states to provide for arrangements allowing citizens wanting to move around in the EU to continue to prove their interest in national politics and to re-register regularly on the lists. In addition, “when allowing nationals resident in another member state to apply to keep their vote”, the member states concerned should ensure that their expatriates can apply electronically, the Commission states. (SP/transl.fl)