Five Pragmatic Reasons for a Dialogue with and Between Member States…
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elections were agreed because this issue was one minor point in a large
package of changes contained in the Maastricht Treaty. Presenting the extension of voting rights to the national level as an isolated issue to be realised
by binding Union law probably will create a lot of opposition and negative
publicity for the Union generally.
(5) This proposal will certainly raise the issue of extending voting rights to
the national level for long-term resident third-country nationals. Why would a
Polish or Portuguese national be allowed to participate in national elections
after ten weeks or months of residence in France and a Swiss or a Turkish
national be excluded even after ten years of lawful residence in that country?
My first conclusion is: Do not raise this issue in isolation but together
with other relevant issues concerning political rights of EU migrants, such
as voting rights in national elections for expatriates living in another member state, the right of Union citizens to be a member of or establish a political party in the member state where he lives and the possibility of facilitated
naturalisation after having acquired the permanent resident right in another
member state (after a minimum of five years of residence).
My second conclusion is: Do not propose binding Union law on this issue
or try to make the Court of Justice impose a binding solution for this problem.
Rather apply the open method of coordination by starting a structured dialogue with and between member states, possibly combined with the issue of
the limits set by free movement law to nationality legislation of member states.
We may learn from the experience of the Nordic Union in dealing with the
issue of extending voting rights to non-citizen residents, both of the Nordic
countries and other countries, during the 1970s and 1980s by structured discussions rather than imposing a common rule from above. With this in mind I
would support the fifth option in David Owen’s contribution to this debate.
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