38 Amendments of Damian BOESELAGER related to 2021/0373(CNS)
Amendment 4 #
Proposal for a directive
Recital 5
Recital 5
(5) The electoral procedure related to municipal elections falls within the competences of the Member States that organise them reflecting their specific traditions and in accordance with international and European standards. In line with International Covenant on Civil and Political Rights, the UN Convention on the Rights of Persons with Disabilities, as well as the law of the European Convention on Human Rights, Member States should not only recognise and respect the right of Union citizens to vote and to stand as a candidate but also ensure full and easy access to their electoral rights by removing as manyll obstacles to their participation in elections, as possiblewell as access to relevant information.
Amendment 12 #
Proposal for a directive
Recital 7
Recital 7
Amendment 17 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, such citizens should be entered on the electoral roll in sufficient time in advance of polling day. They should have the possibility for automatic registration on the electoral roll, if they wish so, when they register as new residents with the competent authority. The formalities applicable to their registration should be as simple as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and in duly justified cases a formal declaration that include elements evidencing their entitlement to participate in the elections. Once registered, non- national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.
Amendment 22 #
Proposal for a directive
Recital 10
Recital 10
(10) Disqualification from the right to stand as a candidate may be ordered by an individual decision of the authorities either of the Member State of residence or of the home Member State. In view of the political significance of the holding of elected municipal office, Member States should be entitled to obtain information from the home Member State related to the deprivation of the right to stand as a candidate in the candidate’s home Member State. Decisions on deprivation of legal capacity due to disability taken by the Member State of origin should not make Union citizens ineligible from standing as a candidate in their Member State of residence if the law of that Member State upholds that right to all persons with disabilities without restrictions.
Amendment 26 #
Proposal for a directive
Recital 11
Recital 11
Amendment 28 #
Proposal for a directive
Recital 12
Recital 12
Amendment 32 #
Proposal for a directive
Recital 15
Recital 15
(15) The accessibility of information on electoral rights and procedures is a key component in ensuring the effective exercise of the right enshrined in Article 20(2), point (b) and Article 22(1) TFEU. Non-national Union citizens should have access to information about their electoral rights and procedures upon their arrival in the Member State, periodically and sufficiently in advance of the municipal elections, in their mother tongue or preferred language.
Amendment 36 #
Proposal for a directive
Recital 16
Recital 16
(16) The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), point (b), and Article 22(1) TFEU and the national rules and procedures regarding participation in and the organization of municipal elections. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms, in due time and on a regular basis. Cooperation and coordination should be strengthened and improved between national and local authorities in the Member States with regard to the registration of non-national Union citizens and to providing them with information on their electoral rights and procedures.
Amendment 39 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to improve the accessibility of electoral information, such information should be made available in at least one other official language of the Union than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory. Member States should be encouraged to provide information also in the mother tongue or preferred language of the non-national Union citizen, indicated at the time of their registration. Member States may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing therein. When necessary, the European Commission should provide support to Member States for the translation of registration and electoral procedures into the official and non-official languages of the European Union.
Amendment 46 #
Proposal for a directive
Recital 18
Recital 18
Amendment 49 #
Proposal for a directive
Recital 19
Recital 19
Amendment 51 #
Proposal for a directive
Recital 20
Recital 20
Amendment 54 #
Proposal for a directive
Recital 22
Recital 22
Amendment 60 #
Proposal for a directive
Recital 23
Recital 23
(23) Data regarding the exercise of rights and the application of this Directive can be useful in the identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve the collection and communication of data for municipal elections, it is necessary to introduce regular and harmonised monitoring and reporting of implementation by Member States, which should include, besides statistical data, information on the measures taken to support participation in elections of non- national Union citizens. The Commission should assess the application of the Directive , including any changes in the electorate that have taken place since its entry into force and submit a report in this connection to the European Parliament and to the Council.
Amendment 62 #
Proposal for a directive
Recital 24
Recital 24
(24) It is necessary that the Commission conduct its own evaluation of the application of this Directive within a reasonable timeframe from its entry into force, in close connection to the evaluation of the application of the Council Directive 93/109/EC23 of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals. The next Commission evaluation should assess whether and under which circumstances the rights of non-national Union citizens can be expanded to non-EU citizens as well as to national and regional elections. _________________ 23 Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals (recast).
Amendment 66 #
Proposal for a directive
Recital 26
Recital 26
(26) The Member States, by ratifying, and the Union, by concluding25 , have committed themselves to ensure compliance with the United Nations Convention on the Rights of Persons with Disabilities including on Article 29 on Participation in political and public life. In order to support inclusiveIn order to increase inclusiveness and equal electoral participation for personsvulnerable persons, especially people with disabilities, arrangements for Union citizens residing in a Member State of which they are not nationals to exercise the right to vote and to stand as a candidate therin that Member State in municipal elections should have due regard tof the needs of these citizens with a disability and older citizens. The Member States, by ratifying, and the Union, by concluding25 , have committed themselves to ensure compliance with the United Nations Convention on the Rights of Persons with Disabilities including on Article 29 on Participation in political and public life. _________________ 25 Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).
Amendment 75 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States of residence may provide that Union citizens who, through an individual decision under civil law or a criminal law decision, have been deprived of their right to stand as a candidate under the law of their home Member State shall be precluded from exercising that right in municipal elections. Decisions on deprivation of legal capacity due to disability taken by the Member State of origin shall not make Union citizens ineligible from standing as a candidate in their Member State of residence if the law of that Member State upholds that right to all persons with disabilities without restrictions.
Amendment 79 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 88 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 93 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States where voting is not compulsory mayshall provide for the automatic registration of voters pursuant to Article 3 on the electoral roll upon receiving the consent of the Union citizens concerned at the time of registering as a resident in the Member State of residence. Non-national Union voters who have opted out of automatic registration shall be invited to register as a voter sufficiently in advance of the polling day.
Amendment 99 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
The Member State of residence may also require a voter pursuant to Article 3 to produce a valid identity document, along with a formal declaration drawn up in accordance with the template set out in Annex II . Voters may indicate language preferences related to receiving the information referred to in Article 12(2).
Amendment 105 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. When submitting an application to stand as candidates , persons entitled to stand as candidates pursuant to Article 3 shall produce the same supporting documents as a candidate who is a national. The Member State of residence may require the persons concerned to produce a formal declaration drawn up in accordance with the template set out in Annex III . National authorities shall ensure that the democratic, proportionate and transparent standards which apply to national citizens when submitting a list of candidates also apply to mobile EU citizen candidates.
Amendment 113 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States that provide for the possibility for nationals to vote by means of advance voting, postal voting, and electronic and internet voting in municipal elections shall ensure that such means of voting are also available under the same conditions to voters pursuant to Article 3. These voters shall also have the possibility of choosing or changing the means of voting under the same conditions as the nationals of the Member State of residence.
Amendment 116 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Member State of residence shall inform the concerned persons in good time and in clear and plainclearly and in a timely manner, in their mother tongue or their preferred language, of the decision taken on their automatic registration, their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate.
Amendment 120 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Should Union citizens not be entered on the electoral roll or have their application form entry refused or have their application to stand as a candidate rejected, the person concerned shall be entitled to effective legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals. The persons concerned shall be informed in their mother tongue or preferred language.
Amendment 122 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. In case of errors in the electoral roll or in the list of candidates for municipal elections, the person concerned shall be entitled to effective legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.
Amendment 126 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate a nationalcompetent authority with responsibility for taking the necessary measures to ensure that non-national Union citizens are informed in a timely manner of the conditions and detailed rules for registration as a voter or candidate in municipal elections, as soon as they register as residents of a Member State of which they are not nationals as well as periodically, ahead of the elections, in a timely manner, taking into account the deadlines established for the announcement of the candidates. This information is to indicate that citizens have the choice to register in their place of residence or remain registered in their home Member State, according to their preferences.
Amendment 129 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. The competent authority shall develop and increase awareness-raising and information campaigns concerning the right to vote and to stand as a candidate in municipal elections for non- national Union citizens. In order to provide non-national Union citizens with sufficient and accessible information, the competent authority shall use a wide range of channels, including the provision of information via the workplace and educational organisations. Member States shall ensure that civil society organisations have a very important role to play in cooperating with, and assisting, the competent authorities to raise public awareness concerning the information, as well as in encouraging non-national Union citizens to actively seek such information as often as they need it. Member States shall ensure civil society organisations have sufficient means to do so.
Amendment 131 #
Proposal for a directive
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. The Member States shall ensure that the designated authority pursuant to paragraph 1, shall directly and individually communicate to voters and persons entitled to stand as candidates pursuant to Article 3, the following information, periodically and sufficiently in advance before the elections:
Amendment 136 #
Proposal for a directive
Article 12 – paragraph 2 – point c a (new)
Article 12 – paragraph 2 – point c a (new)
(ca) information on the electoral and political system, including competences of basic local government units;
Amendment 139 #
Proposal for a directive
Article 12 – paragraph 2 – point c b (new)
Article 12 – paragraph 2 – point c b (new)
(cb) specific measures to facilitate the exercise of the right to vote to particular groups of voters, such as persons with disabilities or voters who cannot participate on the polling day.
Amendment 149 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in municipal elections and information referred to in paragraph 2 is made accessible to persons with disabilities and, older persons by using appropriate means, modes and formats of communication, people in remote areas, minority groups and those who face difficulties in voting generally by applying the accessibility requirements laid down in Annex I of Directive (EU) 2019/882 and using appropriate means, modes and formats of communication, such as Braille, large print, audio-based information, tactile stencils, easy to read information and sign language. Member States may ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice.
Amendment 154 #
Proposal for a directive
Article 13
Article 13
Amendment 163 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Within threewo years of the entry into force of this Directive and every fourtwo years thereafter, the Member States shall report to the Commission on the application of this Directive in their territory, including on the application of Article 5(3) and (4). The report shall contain statistical data on the participation in municipal elections of voters and candidates pursuant to Article 3 and a summary of measures taken in that regard.
Amendment 165 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Within fivthree years of the entry into force of this Directive and every five years thereafter, The Commission shall submit a report to the European Parliament and the Council on the application of this Directive including on the basis of the information provided by Member States pursuant to paragraph 1 of this Article. .
Amendment 167 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Within two years after the 2029every elections to the European Parliament, the Commission shall assess the application of this Directive and produce an evaluation report on the progress towards achievement of the objectives contained herein. The report shall assess whether and under which circumstances the rights of non-national Union citizens can be expanded to non- EU citizens as well as to national and regional elections.
Amendment 177 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
Articles 1 to 7, 8(1), 11(2) and 131(2) shall apply from 31 December 2023.
Amendment 178 #
Proposal for a directive
Annex II – paragraph 1 – subparagraph 1 (new)
Annex II – paragraph 1 – subparagraph 1 (new)
Indicate language preferences in which you want to receive information related to the elections: