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Document 01994L0080-20130701
Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals
Consolidated text: Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals
Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals
01994L0080 — EN — 01.07.2013 — 005.001
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COUNCIL DIRECTIVE 94/80/EC of 19 December 1994 (OJ L 368 31.12.1994, p. 38) |
Amended by:
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|
Official Journal |
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No |
page |
date |
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L 122 |
14 |
22.5.1996 |
||
L 363 |
409 |
20.12.2006 |
||
L 192 |
29 |
20.7.2012 |
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L 158 |
231 |
10.6.2013 |
Amended by:
L 236 |
33 |
23.9.2003 |
COUNCIL DIRECTIVE 94/80/EC
of 19 December 1994
laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals
CHAPTER I
General provisions
Article 1
Article 2
‘basic local government unit’ means the administrative entities listed in the Annex which, in accordance with the laws of each Member State, contain bodies elected by direct universal suffrage and are empowered to administer, at the basic level of political and administrative organization, certain local affairs on their own responsibility;
‘municipal elections’ means elections by direct universal suffrage to appoint the members of the representative council and, where appropriate, under the laws of each Member State, the head and members of the executive of a basic local government unit:
‘Member State of residence’ means the Member State in which a citizen of the Union resides but of which he is not a national;
‘home Member State’ means the Member State of which a citizen of the Union is a national;
‘electoral roll’ means the official register of all voters entitled to vote in a given basic local government unit or in one of its subdivisions, drawn up and kept up-to-date by the competent authority under the electoral law of the Member State of residence, or the population register if it indicates eligibility to vote;
‘reference date’ means the day or days on which citizens of the Union must satisfy, under the law of the Member State of residence, the requirements for voting or for standing as a candidate in that State;
‘formal declaration’ means a declaration by the person concerned, inaccuracy in which makes that person liable to penalties, in accordance with the national law applicable.
Within three months of receipt of such a notification, together with a Member State's assurance that no person's rights under this Directive will be prejudiced, the Commission shall adapt the Annex by making appropriate substitutions, deletions or additions. The Annex so revised shall be published in the Official Journal.
Article 3
Any person who, on the reference date:
is a citizen of the Union within the meaning of the second subparagraph of Article 8 (1) of the Treaty; and
is not a national of the Member State of residence, but in any event satisfies the same conditions in respect of the right to vote and to stand as a candidate as that State imposes by law on its own nationals,
shall have the right to vote and to stand as a candidate in municipal elections in the Member State of residence in accordance with this Directive.
Article 4
Nor shall paragraph 1 affect any national provision already in force on the date of adoption of this Directive, whereby the exercise by any person of such right to vote and to stand as a candidate is subject to his having spent a minimum period in the constituent part of the Member State of which the basic local government unit forms a part.
Article 5
The Member States may also lay down that the temporary or interim performance of the functions of a head, deputy or member of the governing college of the executive of a basic local government unit may be restricted to own nationals.
Having regard to the Treaty and to general legal principles, Member States may take appropriate, necessary and proportional measures to ensure that the offices referred to in the first subparagraph can only be held and the interim functions referred to in the second subparagraph can be performed only by their own nationals.
Article 6
CHAPTER II
Exercise of the right to vote and the right to stand as a candidate
Article 7
Article 8
The Member State of residence may also require a voter within the scope of Article 3 to produce a valid identity document, along with a formal declaration stating his nationality, and his address in the Member State of residence.
Voters who have been entered on the electoral roll at their request can also be removed from it if they so request.
If such voters move to another basic local government unit in the same Member State, they shall be entered on the electoral roll of that unit under the same conditions as voters who are nationals.
Article 9
state in the formal declaration which he produces in accordance with paragraph 1 when submitting his application to stand as a candidate that he has not been deprived of the right to stand as a candidate in his home Member State;
in case of doubt regarding the content of the declaration pursuant to (a), or where required under the legal provisions of a Member State, to produce before or after the election an attestation from the competent administrative authorities in his home Member State certifying that he has not been deprived of the right to stand as a candidate in that State or that no such disqualification is known to those authorities;
produce a valid identity document;
state in the formal declaration he produces in accordance with paragraph 1 that he holds no office which is incompatible within the meaning of Article 6 (2);
indicate his last address in his home Member State, in so far as he has had one.
Article 10
Article 11
The Member State of residence shall inform voters and persons entitled to stand as candidates within the scope of Article 3 in good time and in an appropriate manner of the conditions and detailed arrangements for the exercise of the right to vote and to stand as a candidate in elections in that State.
CHAPTER III
Derogations and transitional provisions
Article 12
restrict the right to vote to voters within the scope of Article 3 who have resided in that Member State for a minimum period, which may not be longer than the term for which the representative council of the municipality is elected;
restrict the right to stand as a candidate to persons entitled to stand as candidates within the scope of Article 3 who have resided in that Member State for a minimum period, which may not be longer than twice the term for which the representative council of the municipality is elected; and
take appropriate measures with regard to the composition of lists of candidates to encourage in particular the integration of citizens of the Union, who are nationals of another Member State.
CHAPTER IV
Final provisions
Article 13
The Commission shall submit a report to the European Parliament and the Council on the application of this Directive, including any changes in the electorate which have taken place since its entry into force, within a year of the holding in all the Member States of the municipal elections organized on the basis of the above provisions, and shall, where appropriate, propose appropriate adjustments.
Article 14
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1996. They shall immediately inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
Article 15
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.
Article 16
This Directive is addressed to the Member States.
ANNEX
‘Basic local government unit’ within the meaning of Article 2(1)(a) of this Directive means any of the following:
( 1 ) OJ No C 323, 21. 11. 1994.
( 2 ) Opinion delivered on 14 September 1994 (not yet published in the Official Journal).
( 3 ) Opinion delivered on 28 September 1994 (not yet published in the Official Journal).