Second Country EU Citizens Voting in National Elections Is an Important…
71
in a number of member states, revealing that much can still be done in order
to increase the percentage of second country nationals who actually exercise
their right to participate in local elections. A similar conclusion may be
drawn from the Commission Report on the application of the Directive
93/109/EC regulating EP elections, the modification of which is currently
under discussion although unfortunately the debate in the EU institutions
has not yet reached the consensus necessary to make it possible.
The question of what to do with third country nationals, as posed by
Rainer Bauböck’s and Hannes Swoboda’s contributions, also deserves much
attention. Non-EU citizens who are permanent residents in a member state
should be entitled by EU law to the right to vote in local elections before
granting EU citizens additional rights to participate in national or even
regional ones. The fact that this right is a part of EU soft law (as an ingredient of the idea of a civic citizenship) and that it is, subject to conditions,
actually recognised by domestic law in a majority of member states would
surely facilitate the introduction of EU legislation regulating it in the near
future.
Last, but not least, there is of course the problem of the lack of legal
competence of the Union to establish the right of second country nationals
to vote in national election in the state of residence. Given the practical
impossibility that that right could be ‘discovered’ by judicial action – even
once the EU has acceded to the European Convention on Human Rights, the
European Court of Human Rights would hardly rule that such a right derives
from the Convention – a modification of the Treaties and of the Charter of
Fundamental Rights would be necessary. The political (and economic) state
of the today’s EU does not give rise to much hope that this idea could have
any chance of finding its way into European politics, even applying the
method of a cooperation among member states, as Kees Groenendijk’s contribution suggests, instead of trying to produce legislation at the European
level.
Of course, the expectation that the ‘Let me vote’ ECI promoted by
Philippe Cayla and Catriona Seth is unlikely to be successful, or that practical or legal problems might arise if it were, are not strong enough arguments
to justify refusing to support it, once you agree with the idea that European
citizenship should in the medium term include the right to vote and stand in
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,
COM(2012) 99 final, available at http://eur-lex.europa.eu/LexUriServ/
LexUriServ.do?uri=COM:2012:0099:FIN:EN:PDF.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents