BETA

33 Amendments of Loránt VINCZE related to 2021/0372(CNS)

Proposal for a directive
Recital 2

(2) The 1992 Treaty on the European Union introduced the legal concept of EU citizenship with the aim to strengthen the protection of the rights and interests of the nationals of its Member States by adding to existing EU entitlements a number of new political and electoral rights. Article 20(2), point (b) and Article 22(2) of the of the Treaty on the functioning of the European Union (TFEU) confers on Union citizens residing in a Member State of which they are not nationals the right to vote and to stand as a candidate in elections to the European Parliament in their Member State of residence under the same conditions as nationals of the host Member State. The right, which is also affirmed in Article 39 of the Charter of Fundamental Rights of the European Union (Charter) gives specific expression to the principle of equality and non-discrimination on grounds of nationality set out in Article 21. It is also a corollary of the right to move and reside freely enshrined in Article 20(2) point (a) and Article 21 TFEU and Article 45 of the Charter. The right also allows citizens to effectively participate in the democratic life of the Union and to have a stake in the European Union as a political entity.

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 5

(5) Article 20 (2) TFEU is concerned only with the possibility of exercising the right of vote and stand as a candidate in elections to the European Parliament and is without prejudice to Article 223(1) TFEU , which provides for the establishment of a uniform procedure for elections to the European Parliament in all Member States in accordance with principles common to all Member States ~~for those elections~~.

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 6 a (new)

(6 a) Non-national Union citizens should receive information about the possibility of voting or standing as a candidate at the moment they register as residents of a Member State of which they are not nationals.

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 7

(7) The freedom of Union citizens to choose the Member State in which to take part in elections to the European Parliament must be respected, while the appropriate measures to ensure that no one may vote more than once or stand as a candidate in more than one country. Given that most Member States allow mobile European citizens to retain under national law their right to vote for a home country list, the possibility to choose between two or more countries to vote in requires that clear information be provided to mobile citizens and Member States coordinate among themselves to reduce the risk of multiple voting. Therefore, the freedom of Union citizens to choose the Member State in which to take part in elections to the European Parliament must be respected, while the appropriate measures to ensure that no one may vote more than once or stand as a candidate in more than one country. When receiving information about the possibility of voting or standing as a candidate in their Member State of residence, non- national Union citizens should be duly informed that they may vote or stand as candidate either in their home country or in their country of residence, dependent on their choice and the applicable national provisions.

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 8

(8) In line with International and European standards, including, the requirements of International Covenant on Civil and Political Rights and the law of the European Convention on Human Rights, Member States should not only recognize and respect the right of Union citizens to vote and to stand as a candidate but also ensure ~~easy~~that access to their electoral rights ~~by removing as man~~is as easy as possible by removing any unnecessary obstacles to participation in elections as possible.

2022/09/12
Committee: AFCO

(9) 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. The formalities applicable to their registration should be as simple as possible. When they register as residents of a Member State of which they are not nationals, non-national Union citizens should be offered the possibility to express their decision to register to vote in the country of residence and should be informed about the possibility to stand as a candidate and submit an application in that regard. If they do not wish to do so at the moment of registration as residents, they should have the right to express their decision later. It should be sufficient for the Union citizens concerned to produce a valid identity card and, in duly justified cases, a formal declaration that includes 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.

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 11

(11) In order to ensure equal treatment of non-national Union citizens seeking to exercise the right to stand as candidates for election in their Member State of residence, such citizens should be required to produce the same supporting documents as those required from candidates who are nationals of the Member State concerned. However, in order to establish that such citizens are beneficiaries of the right laid down in Article 20(2)(b) and Article 22(2) TFEU, in duly justified cases, Member States should be able to require the production of a formal declaration that includes elements necessary to evidence their entitlement to stand in the elections in question.

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 13

(13) Union citizens who have been deprived of their right to vote and to stand as candidates, on the basis of an individual civil law or criminal law decision taken by the competent authority, should be precluded from exercising that right in the Member State of residence in elections to the European Parliament. When receiving an application for registration as a voter, Member States may require from the citizen concerned a formal declaration confirming that they have not been deprived of their right to vote. When standing as candidates in their country of residence, ~~Union citizens should be~~it should be possible for the country of residence to required tohat Union citizens produce a statement confirming that they have not been deprived of the right to stand in the elections to the European Parliament. Those requirements should apply only when they are also applicable to the nationals of the Member State of residence.

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 17

(17) The information exchange between Member States to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same election should not prevent their nationals from voting or standing as candidates in other types of elections. To facilitate communication between national authorities, Member States should be required to designate one contact point for that information exchange. A secure tool was developed ~~in the past~~ by the Commission to be used by the Member States under their responsibility to exchange the necessary data. That secure tool should be incorporated in this Directive, to further support exchanges between Member States’ competent authorities. Member States will act as separate controllers for their processing of personal data in this regard.

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 20

(20) 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(2) TFEU and the national rules and procedures regarding participation in and the organization of elections to the European Parliament. In turn, designated authorities should be able to cooperate with relevant civil society organisations in disseminating information on electoral procedures. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms.

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 20 a (new)

(20 a) In order to increase the electoral participation of non-national Union citizens, Member States should provide appropriate information to Union citizens on the right to vote and on the administrative steps to exercise that right. Such information should be provided when the residence of non-national Union citizens is registered, later on, upon request, and sufficiently in advance of European elections.

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 21

(21) In order to improve the accessibility of electoral information, ~~such~~essential information on electoral rights should be made available in a~~t least one other~~ll official languages 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 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. The Commission should complement such measures by providing information to EU citizens about electoral rights and electoral procedures via a dedicated information portal available in all languages of the Union and through outreach communication actions via the SOLVIT service.

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 22

(22) Any derogation from the general rules of this Directive has to be warranted, pursuant to Article 22 (2) TFEU , by problems specific to a Member State and has to be in line with the requirements of Article 52 of the Charter, including that any limitations to the exercise of the right to vote and to stand as a candidate at elections to the European Parliament is to be provided for by law and be subject to the principles of proportionality and necessity . In addition, any derogation has to be subject to review as provided by Article 47 of the Charter .deleted

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 23

(23) Such specific problems may arise in a Member State in which the proportion of Union citizens of voting age, who reside in it but are not nationals of it, is very significantly above average. Derogations regarding the right to vote should be warranted where such citizens form more than 20 % of the total electorate on the criterion of period of residence;deleted

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 24

(24) Member States in which the proportion of non-national citizens of the Union of voting age exceeds 20 % of the total number of Union citizens of voting age who reside there should have the possibility to lay down, in compliance with Article 22(2) TFEU , specific provisions concerning the composition of lists of candidates.deleted

2022/09/12
Committee: AFCO

Proposal for a directive
Recital 27

(27) It is necessary that the Commission conduct its own evaluation of the application of this Directive ~~within a reasonable timeframe after at least two~~no later than 18 months after each elections to the European Parliament.

2022/09/12
Committee: AFCO

Proposal for a directive
Article 6 – paragraph 5

5. Member States shall designate a contact point to receive and transmit the information necessary for the application of paragraph 3. They shall communicate to the Commission the name and contact details of the contact point and any updated information orshould there be changes concerning it. The Commission shall keep a list of contact points and make it available to the Member States.

2022/09/12
Committee: AFCO

Proposal for a directive
Article 8 – paragraph 2 a (new)

2 a. When registering non-national EU citizens as residents, Member States shall offer them the possibility to express their option to register to vote in the country of residence and shall inform them about the possibility to stand as a candidate and submit an application in this regard. Should they not wish to do so at the moment of registration as residents, they shall maintain the right to express this option afterwards. When offering information about the possibility of voting or standing as a candidate, Member States of residence shall duly inform non- national Union citizens that they have the right to choose to vote or stand as candidate either in their home country or in their country of residence.

2022/09/12
Committee: AFCO

Proposal for a directive
Article 9 – paragraph 3 – point a

(a) state in their declaration under paragraph 2 that they have not been deprived of the right to vote in their home Member State, if such requirement also applies to nationals of the Member State of residence;

2022/09/12
Committee: AFCO

Proposal for a directive
Article 9 – paragraph 4

4. Union voters who have been entered on the electoral roll shall remain thereon, under the same conditions as voters who are nationals, until they request to be removed or until they are removed because they no longer satisfy the requirements for exercising the right to vote. Where provisions are in place to notify nationals of such a removal from the electoral roll, these provisions shall apply to Union voters ~~in the same way~~as well.

2022/09/12
Committee: AFCO

Proposal for a directive
Article 11 – paragraph 1

1. The Member State of residence shall inform the persons concerned in good time and in clear and plain language of the decision taken on their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate, including the possibilities available to appeal the decision.

2022/09/12
Committee: AFCO

Proposal for a directive
Article 11 – paragraph 3

3. In case of errors in the electoral rolls or in the lists of candidates to the European Parliament, the persons concerned shall be entitled to 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.

2022/09/12
Committee: AFCO

Proposal for a directive
Article 11 – paragraph 4

4. Member States shall inform clearly and in a timely manner, the persons concerned of the decision referred to in paragraph 1 and of the legal remedies referred to in paragraphs 2 and 3.

2022/09/12
Committee: AFCO

Proposal for a directive
Article 12 – paragraph 1

1. Member States shall provide appropriate information to non-national Union citizens on the right to vote and on the administrative steps to exercise that right. Such information shall be provided when the residence of non-national Union citizens is registered, later on, upon request, and sufficiently in advance of European elections. Member States shall designate a national 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 elections to the European Parliament. Designated authorities shall be endowed with the capacity to cooperate with relevant civil society organisations in disseminating information on electoral procedures.

2022/09/12
Committee: AFCO

Proposal for a directive
Article 12 – paragraph 2 – point d

(d) means of obtaining further information relating to the organisation of the election including the list of candidates or special measures for persons with disabilities.

2022/09/12
Committee: AFCO

Proposal for a directive
Article 12 – paragraph 3 – introductory part

3. The information on conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament and the information referred to in paragraph 2 shall be provided in clear and plain language. in accordance with the quality requirements of Article 9 of Regulation (EU)2018/1724 of the European Parliament and of the Council1a. _________________ 1a Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).

2022/09/12
Committee: AFCO

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1

The information referred to in the first subparagraph shall, in addition to being communicated in one or more of the official languages of the host Member State, also be accompanied by a translation in at least one other official language of the Union that is broadly understood by the largest possible number of Union citizens residing on its territory, in accordance with the quality requirements of Article 9 of Regulation (EU) 2018/1724 of the European Parliament and of the Council30 . _________________ 30 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).deleted

2022/09/12
Committee: AFCO

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1 a (new)

The Commission shall complement such measures with information services to EU citizens about electoral rights and electoral procedures via a dedicated information portal available in all languages of the Union and through outreach communication actions via the SOLVIT service.

2022/09/12
Committee: AFCO

Proposal for a directive
Article 14 – paragraph 1

Member States that provide for the possibilities of advance voting, postal voting, and electronic and internet voting, in elections to the European Parliament shall ensure the availability of those voting methods to Union voters under ~~similar~~the same conditions as th~~e ones~~ose applicable to their own nationals.

2022/09/12
Committee: AFCO

Proposal for a directive
Article 15 – paragraph 1

Member States shall designate an authority with responsibility for collecting and providing relevant statistical data based on common indicators to the public and the Commission, on the participation of Union citizens who are not nationals in elections to the European Parliament.

2022/09/12
Committee: AFCO

Proposal for a directive
Article 16

1. If , in a given Member State, the proportion of Union citizens of voting age who reside in it but are not nationals of it exceeds 20 % of the total number of national and non-national Union citizens residing there who are of voting age, that Member State may, by way of derogation from Articles 3, 9 and 10: (a) restrict the right to vote to Union voters who have resided in that Member State for a minimum period, which may not exceed five years; (b) restrict the right to stand as a candidate to Union citizens entitled to stand as candidates who have resided in that Member State for a minimum period, which may not exceed 10 years. These provisions are without prejudice to appropriate measures which that Member State may take with regard to the composition of lists of candidates and which are intended in particular to encourage the integration of non-national Union citizens . However, Union voters and Union citizens entitled to stand as candidates who, owing to the fact that they have taken up residence outside their home Member State or by reason of the duration of such residence, do not have the right to vote or to stand as candidates in that home State shall not be subject to the conditions as to length of residence set out above. 2. Where the laws of a Member State prescribe that the nationals of another Member State who reside there have the right to vote for the national parliament of that State and, for that purpose, may be entered on the electoral roll of that State under exactly the same conditions as national voters, the first Member State may, by way of derogation from this Directive, refrain from applying Articles 6 to 13 in respect of such nationals. 3. 18 months prior to each election to the European Parliament, the Commission shall submit to the European Parliament and to the Council a report in which it shall check whether the grant to the Member States concerned of a derogation pursuant to Article 22 (2) TFEU is still warranted and shall propose that any necessary adjustments be made. Member States which invoke derogations under paragraph 1 shall furnish the Commission with all the necessary background information.Article 16 deleted Derogations

2022/09/12
Committee: AFCO

Proposal for a directive
Article 17 – paragraph 1

1. Within six months after each election to the European Parliament Member States shall send information to the Commission on the application of this Directive in their territory. In addition to general observations, the report shall contain statistical data on the participation in elections to the European Parliament of Union voters and Union citizens entitled to stand as candidates and a summary of the measures taken to support it. Member States shall also provide information on the efficiency of exchanges to prevent double voting with other Member States.

2022/09/12
Committee: AFCO

Proposal for a directive
Article 18 – paragraph 1

Within ~~two years after the 2029~~18 months after each elections to the European Parliament, the Commission shall assess its application and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall also include a review on the functioning of Article 13.

2022/09/12
Committee: AFCO