Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Addressing the consequences of disenfranchisement of Union citizens exercising their right to free movement

Author (Corporate)
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Series Details (2014) 33 final (29.1.14)
Publication Date 29/01/2014
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The possibility for citizens to express their political will by exercising their right to vote, one of the fundamental political rights of citizenship, is part of the very fabric of democracy. The European Union itself is founded on the value of respect for democracy. Every EU citizen has the right to participate in the democratic life of the Union. The Commission considers it a priority to encourage the participation of EU citizens in the Union’s democratic life. The political rights of EU citizens have featured prominently during the European Year of Citizens 2013, dedicated to promoting a debate and raising awareness about the rights and responsibilities that come with EU citizenship.

One of the obstacles EU citizens from certain Member States face as political actors, identified in the EU Citizenship Report 2010, is that they lose the right to vote (they are "disenfranchised") in national elections of their home country once they reside abroad for a given period of time, including when they reside in another Member State. As a consequence, these citizens are not able to participate in any national elections, whether in the home Member State or in the Member State of residence.

In accordance with Article 4(2) TEU, the Union must respect the national identities of Member States, inherent in their fundamental structures, political and constitutional. Hence, it is a matter for each Member State, while respecting the value of respect for democracy, common to all Member States, to decide solely on the composition of the electorate for its national elections.

Nevertheless, it must be taken into account that national policies which lead to disenfranchising citizens may be considered as limiting the enjoyment of rights attached to EU citizenship, such as the right to move and reside freely within the EU, a fundamental right of every EU citizen. This is at odds with the founding premise of EU citizenship, namely that it is additional to national citizenship and is designed to give additional rights to EU citizens, whereas in this case the exercise of the right of free movement may lead to losing a right of political participation.

Such policies are further out of step with the current global trend to allow non-resident citizens to vote. In addition, EU citizens residing in another Member State can maintain lifelong and close ties with their country of origin and continue to be directly affected by acts adopted by the legislature there (e.g. payment of taxes, pension rights). In particular, the widespread access to television broadcasts across borders and the availability of internet and other web-based and mobile communication technologies, including social media, makes it easier than ever to remain connected to one’s home politics from abroad and take part in social and political developments there.

Recurrent petitions, questions from Members of the European Parliament and correspondence from the general public reveal that EU citizens are concerned at what they perceive as a gap in their political rights. Generally, Europeans believe that EU citizens should not lose the right to vote in national elections in their country of nationality just because they have moved to another EU country.

For these reasons, the Commission announced — in the EU Citizenship Report 2010 — that it would launch a discussion to identify political options to prevent EU citizens from losing their political rights as a consequence of exercising their right to free movement (action 20).

As a follow-up, the Commission wrote to certain Member States, explaining its views on the negative impact on the EU rights arising from disenfranchisement and inviting their contribution to a common reflection on the subject. The replies provided clarifications on current laws and policies and on debates at national level.

On 19 February 2013, the European Parliament and the Commission held a joint hearing on EU citizenship. Participants, including EU citizens affected, civil society representatives, Members of the European Parliament and experts underlined the need to reassess existing policies that disenfranchise citizens — and the justifications underpinning them — in the light of current developments towards more inclusive democratic participation within the EU.

In the EU Citizenship Report 2013 'EU citizens: your rights, your future' the Commission underlined that full participation of EU citizens in the democratic life of the EU at all levels is the very essence of Union citizenship. Accordingly, it announced that it would propose constructive ways to enable EU citizens living in another Member State to fully participate in the democratic life of the EU by maintaining their right to vote in national elections in their country of origin (action 12).

The present Communication gives effect to this commitment. It draws on the outcome of on-going debates at national and EU level, involving civil society, academics and EU citizens themselves. It aims at suggesting constructive ways to enhance the right of the EU citizens to participate in democratic life of the Union and their right to free movement, by limiting the consequences of national disenfranchisement policies, measures and administrative practices, to be explored in cooperation with the Member States. This Communication is accompanied by a Recommendation proposing inclusive and proportionate solutions to this end.

Source Link http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2014:033:FIN
Related Links
EUR-Lex: COM(2014)33: Follow the progress of this communication through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2014:033:FIN
European Movement: EuroBriefing, 07.02.14: European Commission recommendations on expats’ voting rights http://ymlp.com/zClh6u
ESO: Background information: Disenfranchisement: Commission acts to defend voting rights of EU citizens abroad http://www.europeansources.info/record/press-release-disenfranchisement-commission-acts-to-defend-voting-rights-of-eu-citizens-abroad/

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