What changed between the draft committee report of 20 Jul 2022 and the draft committee report of 19 Feb 2025

Removed:Recital 1 c (new): (1c) By its legislative resolution of 3 May 2022 on the proposal for a Council Regulation on the election of the members of the European Parliament by direct universal suffrage, repealing Council Decision (76/787/ECSC, EEC, Euratom) and the Act concerning the election of the members of the European Parliament by direct universal suffrage annexed to that Decision, the European Parliament proposed a new European Electoral Act on the basis of Article 223(1) of the Treaty on the Functioning of the European Union (TFEU), establishing electoral standards for Member States and enhancing the EU’s democratic legitimacy via the establishment of Union-wide lists. The right of mobile citizens to vote and stand as candidates should apply in all electoral lists and constituencies identified under the Act, including in the event of the establishment of a Union-wide constituency, in order to ensure that the principle of non-discrimination is upheld.

Removed:Necessary for the internal coherence of the text as it clarifies the importance of the ability to stand and vote in EU election. Necessary for the coherence with European Parliament’s proposal for a new European Electoral Act.

Removed:Recital 1 d (new): (1d) In that legislative resolution of 3 May 2022, additional rules were proposed with the aim of increasing voter turnout in the elections to the European Parliament by making voting as accessible and easy as possible, and thereby bringing European democracy and electoral foundations into the 21st century. This would be achieved by harmonising the minimum voting age to 16, introducing a pan-European electoral roll, improving accessibility requirements for people with disabilities and introducing postal voting for all Union citizens and additional means of voting such as proxy, electronic or advanced voting.

Removed:Necessary for the internal coherence of the text as it clarifies the importance of the ability to stand and vote in EU election. Necessary for the coherence with European Parliament’s proposal for a new European Electoral Act.

Removed:Recital 1 e (new): (1e) Furthermore, that legislative resolution of 3 May 2022 addresses the current diverging national electoral cultures which have resulted in a range of different electoral systems, including differences in the right to stand in the elections to the European Parliament. The resolution calls for the harmonisation of the minimum age for standing in elections and for the introduction of zipped lists or quotas to ensure gender equality; it also calls for common minimum democratic standards as regards the right to register a political party, an association of voters or another European electoral entity and to stand for elections, access to ballots and the fielding of candidates so as to ensure greater use of common democratic scrutiny procedures, as well as the avoidance of factors inhibiting political innovation across the Union, including in respect of mobile EU citizens.

Removed:Necessary for internal coherence and the provision of clarification on the importance of the ability to run and vote in EU election. Necessary for the coherence with European Parliament’s proposal for a new European Electoral Act.

Removed:Recital 1 f (new): (1f) The European Parliament’s legislative resolution of 3 May 2022 also calls for the establishment of a European Electoral authority in charge of coordinating information on the European elections, monitoring the implementation of, and resolving disputes concerning, the common standards of the European electoral law, managing the European electoral roll, proclaiming the electoral results, and supervising the exchange of information on voting by citizens of the Union outside their home country. It would be possible for such a body to facilitate an efficient exchange of information, and in particular the sharing of best practices, between national bodies, thereby facilitating the detection, and avoidance, of double voting.

Removed:Necessary for internal coherence and the provision of clarification on the importance of the ability to run and vote in EU election. Necessary for the coherence with European Parliament’s proposal for a new European Electoral Act.

Removed:Recital 5: (5) Article 20 (2) TFEU 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.

Removed:Necessary for clarity and coherence.

Removed:Recital 6 a (new): (6a) Non-national Union citizens should receive information about the possibility of voting or standing as a candidate when they register as residents of a Member State of which they are not nationals. Information pertaining to the registration as a voter or as a candidate should also be provided periodically, ahead of European elections, in a timely manner, to all voters and persons entitled to stand as candidates in accordance with the conditions governing the right to vote and stand as a candidate provided for in this Directive. Moreover, non-national Union citizens should be duly and regularly informed about their specific rights under the European electoral system.

Removed:Necessary for internal coherence and the provision of clarification on the importance of the ability to run and vote in EU elections. Based on the aim and internal logic of the text to facilitate that a maximum participation by mobile EU citizens is ensured.

Removed: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 make access to their electoral rights as democratic, proportionate and value-based and as easy as possible by removing financial and undemocratic obstacles to participation in elections.

Removed:Recital 9: (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, automatic registration as a voter should be made possible once those voters have expressed their wish to vote and stand as a candidate in their Member State of residence. Where automatic registration has not occurred, 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. 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.

Removed:Automatic registration is consistent with the current legal framework and is the best guarantee to increase the uptake of “mobile citizens” in the democratic life of the host country. The freedom to choose does not prevent automatic registration, which in itself does not exclude a right to opt out Based on the aim and internal logic of the text to facilitate that a maximum participation by mobile EU citizens is ensured. It forms a whole with AM 13.

Removed: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.

Removed:The registration requirements for running on an electoral list in the host Member State should be the same for non-national EU citizens as it should be for nationals and only in justifiable cases should there be additional requirements such as formal declarations. Based on the aim and internal logic of the text to facilitate that a maximum participation by mobile EU citizens is ensured.

Removed:Recital 12: (12) In order to facilitate the accurate identification of voters and candidates registered both in their home Member State and in their Member State of residence, the list of data to be required from Union citizens, when automatically registered or after the submission of an application to enter the electoral rolls or to stand as candidates in the Member State of residence, should include the personal identification number or the serial number of a valid identity or travel document.

Removed:Automatic registration is consistent with the current legal framework and is the best guarantee to increase the uptake of “mobile citizens” in the democratic life of the host country. The freedom to choose does not prevent automatic registration, which in itself does not exclude a right to opt out. Based on the aim and internal logic of the text to facilitate that a maximum participation by mobile EU citizens is ensured. It is also linked to AM 13.

Removed: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. Upon automatic registration or 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 they stand as candidates in their country of residence, it should be possible to require that 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.

Removed: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 a helpdesk as a facilitator and seek the support of civil society organisations for that information exchange. A secure tool was developed 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.

Removed: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 order to encourage non-national Union citizens to actively seek such information, Member States should also ensure that itis made widely available through a wide range of channels, including through targeted cooperation projects between civil society organisations, the designated national authorities and the European electoral authority. In order to ensure the effectiveness of communications, information should be provided in clear and comprehensible terms and in a timely manner, taking into account the fact that Parliament’s legislative resolution of 3 May 2022 provides for electoral rolls to be closed 14 weeks and for candidates to be announced 12 weeks before the polling day.

Removed:Necessary for internal coherence and linked to AM 14. Additionally, this specific timeframe is needed for the article to be coherent with the logic of amendment in Art. 12. par. 1, where it is defined when the electoral polls should close.

Removed:Recital 20 a (new): (20a) In order to avoid a situation in which the views of non-national Union citizens are proportionately less represented than those of citizens who are nationals of the Member States concerned, due to low turnout related to the lack of familiarity with the political landscape, Member States should provide appropriate information to Union citizens on the right to vote and on the administrative steps to exercise that right, as well as on the nature of the political system and traditions. Such information should be provided when the residence of non-national Union citizens is registered, either automatically or upon request, and should also be sent periodically, before European elections.

Removed:Necessary for internal coherence and the provision of clarification on the importance of the ability to run and vote in EU elections. Based on the aim and internal logic of the text to facilitate that a maximum participation by mobile EU citizens is ensured. Part of proposals in AMs 8 and 13.

Removed:Recital 21: (21) In order to improve the accessibility of electoral information, such information should be made available in all official languages of the Union.

Removed:This deletion is connected to the aim and internal logic of the Directive, which is to eliminate discrimination of mobile citizens as regards the exercise of their electoral rights.

Removed:Recital 22: deleted

Removed:Necessary to comply with the principle of non-discrimination and ensure the democratic rights of EU citizens who have exercised their right to live, work or study in a Member State of which they are not nationals.

Removed:Recital 23: deleted

Removed:As per Amendments 18 and 43, these changes are required in order to comply with the principle of non-discrimination and ensure the democratic rights of EU citizens who have exercised their right to vote, live, work or study in a Member State of which they are not nationals. The exemption rules foreseen in the Directive need to be adapted. Every Union citizens no matter where they live should have the right to vote even if there are many not-national EU citizens living in that Member State.

Removed:Recital 24: deleted

Removed:Deletion is necessary for the clarity and coherence of the proposal and follows from the deletion of recitals 22 and 23.

Removed:Recital 26: (26) 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 of data for elections to the European Parliament, it is necessary to introduce regular monitoring and reporting of implementation by Member States on the basis of common indicators. In parallel, the Commission should assess the application of this Directive, and submit a report including such an assessment to the European Parliament and to the Council, after each election to the European Parliament.

Removed:Recital 27: (27) It is necessary that the Commission conduct its own evaluation of the application of this Directive no later than two years after each election to the European Parliament, accompanied, if appropriate, by a legislative proposal to amend this Directive.

Removed:A regular evaluation of the functioning of this Directive is necessary to adapt rules to the changing societal, demographic and democratic circumstances in which the Union finds itself. This is in line with the review proposed by the European Parliament in the European Electoral Law Act.

Removed:Recital 29: (29) The Member States, by ratifying, and the Union, by concluding27, the United Nations Convention on the Rights of Persons with Disabilities have committed themselves to ensure compliance with that Convention. In order to support inclusive and equal electoral participation for persons 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 there in elections to the European Parliament should have due regard to the needs of citizens with a disability and older citizens. In particular, Member States should implement appropriate arrangements tailored to their national voting procedures to facilitate voting by citizens with disabilities, such as the possibility to choose polling stations, closed polling stations in key locations, and the use of assistive technologies, formats and techniques like Braille, large print, audio-based information, tactile stencils, easy to read information and sign language communication. Furthermore, Member States should consider introducing complementary tools to facilitate voting, such as advance physical voting and proxy voting, as well as electronic and online voting.

Removed:In order to increase mobile citizens’ participation in EU elections, as many voting means as possible should be made available to them in order to increase voter turnout for the EU elections in line with the aim and internal logic of the text.

Removed:Article 3 – paragraph 1 – point a: (a) the person who, on the reference date is a Union citizen within the meaning of Article 20 (1) TFEU and regardless of their legal capacity;

Removed:Necessary for internal coherence and in accordance with the principle of non-discrimination. It is specifically linked to recital 29, which falls under the recast procedure and where it is stated that in European Parliament elections due regard should be had to the needs of citizens with a disability. It is inextricably linked, because it further defines how Member States should ensure there is due regard for the needs of citizens with a disability in European Parliament elections.

Removed:Article 6 – paragraph 5: 5. Member States shall designate a helpdesk 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 helpdesk and any updated information or changes concerning it. The Commission shall keep a list of helpdesks and make it available to the Member States.

Removed:Necessary for internal coherence. This is linked to article 15, where Member States have to designate a help desk for collecting and providing statistical data. As such, for the internal coherence the word help desk should be used consistently throughout the text.

Removed:Article 8 – paragraph 2 a (new): 2 a. Automatic registration shall be available subject, on a case-by-case basis, to the agreement of the Union voter concerned.

Removed:Necessary for the internal coherence. The conditions governing registration and participation should be clarified in order to make sure that the treatment between national and non-national Union citizens is equal. Still, due to language and inhibitive administrative barriers existing between national and non-national Union citizens, one of the most effective ways to ensure equality is to provide for automatic registration for Union citizens, making participation as easy as possible.

Removed:Article 9 – paragraph 1: 1. Member States shall take the necessary measures to enable a Union voter who has expressed the wish to be registered as a voter to be entered on the electoral roll no later than 14 weeks before polling day.

Removed:Necessary for the coherence between the different ongoing discussions on reforming the EU’s electoral system. Moreover, the specific timeframe of ‘sufficiently in advance’ is not clearly defined and leaves a lot of space to Member States to define it themselves, which can lead to people not being informed sufficiently in advance of the registration possibilities, especially considering possible language barriers. As foreseen in other legal texts refining the setup of our electoral rules, a common start to the European electoral campaign is needed, which can only be achieved if there is a common deadline for registration of voters and candidates. Additionally, this specific timeframe is needed for the article to be coherent with the logic of amendment in Art. 12. par. 1, where it is defined when the electoral polls should close.

Removed: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;

Removed:Necessary for internal coherence and in accordance to the principle of non discrimination.

Removed:Article 9 – paragraph 3 – point c a (new): (c a) if they so wish, indicate the languages in which they would like to receive the information referred to in Article 12(2);

Removed:Necessary for internal coherence, in accordance with Article 12.

Removed: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. Notifications shall be provided in an official language of the Union understandable to the Union voters in question.

Removed:Article 10 – paragraph 2 a (new): 2a. 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.

Removed:There are currently 27 strongly differing registration requirements for a political party, candidates or associations of voters and for submitting a list of candidates for the national constituencies. These are often discriminatory and inhibit political innovation and competition. Aligning these is important to make European elections more democratic as candidates will have to go through more similar democratic scrutiny processes before becoming MEPs and writing laws for all Europeans. As this Directive also foresees rules for the right to stand in EU elections, it is important to align these rules for all Union citizens to make the EU elections more comparable and competitive

Removed:Article 11 – paragraph 1: 1. The Member State of residence shall inform the persons concerned in good time and in clear and plain language in an official language of the Union understandable to them, of the decision taken concerning their automatic registration or their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate.

Removed:Necessary for internal coherence. Linked to amendment 3, where automatic registration is mentioned.

Removed:Article 11 – paragraph 4: 4. Member States shall inform the persons concerned of the decision referred to in paragraph 1 and of the legal remedies referred to in paragraphs 2 and 3 clearly and in a timely manner, in an official language of the Union understandable to them.

Removed:Information on the EU elections for all Union citizens needs to be as accessible as possible. Mobile citizens have to have the right to request information that they understand to carry out the necessary registration steps, in case automatic registration is not chosen. Based on the aim and internal logic of the text to facilitate that a maximum participation by mobile EU citizens is ensured.

Removed:Article 12 – paragraph 1: 1. 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 as soon as they register as residents of a Member State of which they are not nationals as well as periodically, ahead of European elections, in a timely manner, taking into account the deadlines established for the announcement of the candidates. The designated authority shall also provide a copy of the standardised templates for the formal declarations set out in Annexes I and II that non-national Union citizens are required to submit in order to register as voters and candidates.

Removed:Internal legislative coherence to ensure that campaigning can start at the same time across the Union.

Removed:Article 12 – paragraph 2 – point d a (new): (da) the specific measures to facilitate the exercise of the right to vote by marginalised groups of voters, such as persons with disabilities.

Removed:The rules provided for in this Directive shall be as inclusive as possible for all mobile citizens including marginalised or Union voters with disabilities.

Removed:Article 12 – paragraph 2 a (new): 2a. Member States shall ensure that civil society organisations have a very important role to play in cooperating with, and assisting, the designated national authorities to raise public awareness concerning the information referred to in paragraphs 1 and 2, as well as in encouraging non-national Union citizens to actively seek such information as often as they need it.

Removed:Previous experiences for the European elections (and also municipal elections) has shown that Civil Society organisations can play incredibly helpful role leading to a multiplication of spreading the information about mobile citizens’ rights in EU elections. This should be manifested in this text to promote the creation of CSOs to help the information provision on electoral rights of mobile EU citizens.

Removed:Article 12 – paragraph 3 – subparagraph 1: The information referred to in the first subparagraph shall be provided in an official language of the Union understandable to the Union voter or candidate in question. / (deleted)

Removed:The rules provided for in this Directive shall be as inclusive as possible for all mobile citizens including marginalised or Union voters with disabilities.

Removed:Article 12 – paragraph 4: 4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament and information referred to in paragraph 2 is made accessible to marginalised groups, such as persons with disabilities and older persons by applying the accessibility requirements laid down in Annex I of Directive (EU) 2019/8821a and by 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. / 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

Removed:The rules provided for in this Directive shall be as inclusive as possible for all mobile citizens including marginalised or Union voters with disabilities.

Removed:Article 13 – paragraph 1: 1. Member States shall exchange the information required for the implementation of Article 4, sufficiently in advance of polling day. To that end, the Member State of residence shall begin supplying the home Member State, no later than 16 weeks before the first day of the electoral period referred to in Article 10(1) of the Act concerning the election of the members of the European Parliament by direct universal suffrage the set of information provided in Annex III. The home Member State shall, in accordance with its national legislation, take appropriate measures to ensure that its nationals do not vote more than once or stand as candidates in more than one Member State.

Removed:Necessary for internal coherence. This is inextricably linked to the earlier deadlines with regards to the electoral rolls in amendments on recital 20 and Art. 9, par. 1, as there needs to be time between the home Member State being informed and the closing of the electoral rolls. As such, information sharing needs to occur before the deadline of the closing of the electoral rolls.

Removed:Article 14 – paragraph 1: Member States shall allow postal voting and shall consider the introduction of complementary enhancing tools such as advance physical voting, proxy voting, and electronic and online voting, in elections to the European Parliament. Member States shall ensure the availability of those voting methods to Union voters under the same conditions as the ones applicable to their own nationals.

Removed:Article 15 – paragraph 1: Member States shall designate a helpdesk 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.

Removed:Article 16 – paragraph 1: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Removed:As per Amendments 18 and 19, these changes are required in order to comply with the principle of non-discrimination and ensure the democratic rights of EU citizens who have exercised their right to live, work or study in a Member State of which they are not nationals. The exemption rules foreseen in the Directive need to be adapted. Every Union citizens no matter where they live should have the right to vote even if there are many not-national EU citizens living in that Member State.

Removed:Article 16 – paragraph 2: deleted

Removed:As per Amendments 18 and 19, these changes are required in order to comply with the principle of non-discrimination and ensure the democratic rights of EU citizens who have exercised their right to live, work or study in a Member State of which they are not nationals. The exemption rules foreseen in the Directive need to be adapted. Every Union citizens no matter where they live should have the right to vote even if there are many not-national EU citizens living in that Member State.

Removed:Article 16 – paragraph 3: deleted / (deleted)

Removed:As per Amendments 18 and 19, these changes are required in order to comply with the principle of non-discrimination and ensure the democratic rights of EU citizens who have exercised their right to live, work or study in a Member State of which they are not nationals. The exemption rules foreseen in the Directive need to be adapted. Every Union citizens no matter where they live should have the right to vote even if there are many not-national EU citizens living in that Member State.

Removed:Article 16 a (new): Article 16 a / The exercise of the right of mobile citizens to vote and stand as candidates shall apply to all electoral lists and constituencies established by the Act concerning the election of the members of the European Parliament by direct universal suffrage, including in the event of the establishment of a Union-wide constituency, in order to ensure that the principle of non-discrimination is upheld.

Removed:Necessary to ensure coherence and to ensure that the principle of non-discrimination is upheld.

Removed: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, based on common indicators.

Removed:Necessary to ensure coherence in the text.

Removed:Article 18 – paragraph 1: Within two years after each election 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. The evaluation shall be accompanied, if appropriate, by a legislative proposal to amend this Directive.

Removed:Necessary to ensure legislative coherence and to make sure that after each election an evaluation of the functioning of this Directive is carried out.

Removed:Annex I – paragraph 4 a (new): Indicate language preferences in which you want to receive information related to the elections.

Removed:Annex II – paragraph 4: I have not been deprived of the right to stand as a candidate in my home Member State1a. / 1a Only if also required of nationals of the Member State of residence

Removed:Necessary to ensure coherence in the text.