A More Comprehensive Reform Is Needed to Ensure That Mobile Citizens…
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rates of registration and participation in local elections by non-national EU
citizens in France, estimated at under 15 per cent. Indeed, all the evidence
suggests that if given the right to vote in local elections, only a small percentage of TCNs would actually use it.
Which brings us to the fourth question of the low mobilising value of
voting rights, as pointed out by Wilhelm. Cayla and Seth, ask ‘Who wants to
go and live in a country without being able to exercise full democratic
rights?’, implying that few would; but the reality is surely otherwise, and it
is quite clear from my own research in France and the UK that the vast
majority of EU migrants do not take up their right to vote in local elections.
Rodriguez’s contribution suggests a similar picture in Spain, and I agree that
much more could be done to increase participation at this level before moving into demands for national voting rights. Yet many of the non-national
EU citizens that I interviewed, both in France and the UK, were far more
concerned by the national vote than the local, and felt it impacted more on
the reality of their lives: ‘Why can’t I vote if I pay my taxes?’ was a common
complaint. Long term French ex-pats at least retain their right to vote in all
elections in France, whereas the British lose all voting rights in the UK after
15 years, even if they continue to pay taxes there.
So what answers can be found to all these questions and what contribution could the proposed ECI make here? Clearly, it makes a mockery of the
democratic credentials of the EU if the very mobility that it seeks to encourage, brings with it political disenfranchisement. Member-States should have
to recognise this, through a process of concerted action between them and
EU institutions, as advocated by Shaw, by adapting their national legislations as necessary: all countries should be encouraged to allow the possibility of dual nationality, and those like the UK and Ireland operating restrictive
policies towards ex-pats (at least two cases are currently being taken through
the European Court of Human Rights by British ex-pats living in Spain and
Italy), should be urged to update their laws in line with the first Protocol to
the European Convention on Human Rights. Within this more permissive
legal framework, citizens should be allowed to choose, depending on their
circumstances, whether to vote in their country of residence or of nationality, thereby signifying a voluntary act of consent, and in no circumstances
should any EU citizen be disenfranchised.
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