Strasbourg, 27/09/2007 (Agence Europe) - The European Parliament supports the European Commission's proposal to amend Directive 93/109/EC of 6 December 1993 in order to make it easier for EU citizens to stand or vote in European Parliament elections while living in member states other than their own. In a resolution prepared by British Liberal Democrat member Andrew Duff (ALDE) and voted through on 26 September by a very large majority, Parliament nonetheless suggests the Commission's proposal should be improved in order to:
1) allow multiple candidatures. Article 4 of the 1993 directive categorically states that no one can be a candidate in more than one member state during one and the same election. The EP finds this ban “out of proportion” as it goes beyond what is strictly necessary to ensure that EU citizens have the right to stand and vote in European Parliament elections in member states where they reside under the same conditions as nationals of that state. MEPs argue that nothing prevents a member state in its national electoral legislation from allowing multiple candidatures (some countries do so already for national or regional elections). The EP therefore suggests that Article 4 of the 1993 directive should be amended as follows: - Community voters may run for election in more than one member state for the same European election on condition that the legislation of the member state of residency does not prohibit this possibility. However, double voting (in several member states) remains banned.
2) improve the transfer of voters' rights within the EU. Article 3 of the 1993 directive stipulates that any person may vote or stand for election if that person has not been deprived of his/her electoral rights in accordance with Article 6 or 7 of the same directive. Pursuant to Article 7 of the 1993 directive, the state of residency must prevent a citizen from voting if it is established that that citizen has lost his/her rights further to a civil or criminal ruling in the country of origin. In other words, the country of residency can ban a citizen from voting without examining whether, for the same offence and in the same conditions, the person in question would be deprived of his/her electoral rights on the basis of the legislation in force in the state of residency. The EP takes the view that this provision must be amended as it may mean that EU citizens would be discriminated against on the basis of their nationality. MEPs therefore suggest Article 3 should be amended as follows: - any EU citizen living in a member state other than that of which he/she is a national has the right to vote and is eligible to run for European elections if he/she has not been deprived of electoral rights in the member state of residency under Article 6 or 7 of the 1993 directive.
3) simplify information exchange. The 1993 directive also sets in place a complicated information exchange system whereby: (i) citizens wishing to register on a list must, in addition to identity and residency controls, produce a formal declaration specifying their intention only to vote or stand once. Also, if they wish to be a candidate, they must obtain an official declaration from a relevant authority of their country of origin attesting that they still have their eligibility rights; (ii) the authorities of the member state of residency must verify whether the persons concerned still have electoral rights in the member state of origin and must, in all cases, communicate to the latter the identity of its nationals registered to vote or stand for elections in their place of residency; and (iii) the authorities of the member state of origin must ensure that the same persons do not vote or stand in their countries of origin.
In its proposal, the Commission simplifies the procedure and eases the administrative burden. It above all suggests doing away with the current system of information exchange while maintaining the individual declaration whereby persons undertake not to vote or to stand twice. It also suggests strengthening ex post controls and stepping up sanctions in the case of infringement. The special eligibility certificate should also be abolished. The European Parliament supports all these suggestions.
Andrew Duff, rapporteur, believes the current voting system discourages European citizens from exercising their electoral duty. The turnout for European Parliament elections fell from 63% in 1979 to 46% in 2004. Only a very low number of European citizens are registered as voters outside their country of origin. In 2004, only 57 non-nationals ran for the elections. “We hope the proposed amendments to the Commission's draft will boost the number of people choosing to exercise their electoral rights to the full. (…) It is high time that the EU encouraged cross-border democracy”, Duff commented. (hb)