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A. Duff
their nationals due to their residence abroad. Consequently, EU citizens of the
member states concerned cannot participate in any national elections.
‘The Commission announced in the EU Citizenship report 2010 report (COM
(2010)603) that it would launch a discussion to identify political options to
prevent EU citizens from losing their political rights, and namely the right to
vote in national elections, as a consequence of exercising their right to free
movement. The Commission has recently contacted the concerned member
states to launch this debate and to explore the possible political solutions.
‘The Commission has raised at this occasion that, while organisation of
national elections falls within the responsibilities of member states, if citizens
cannot participate in electing member states government, nor in their member
state of origin or the member state of residence, and thus are not represented
in the Council of Ministers, these citizens cannot fully participate in the democratic life of the Union.
‘The Commission would like to inform that the accession to the ECHR will
not extend the European Union competences as defined in the Treaties. In
particular, the accession to the First Protocol of the Convention neither will
extend the right to vote of EU citizens residing outside their member state to
national parliamentary elections, nor enable Commission to take actions
against Member states’ violations of Article 3 of this Protocol.’
The point about citizens not being able to ‘vote’ for their representatives in
the Council of Ministers is interesting enough. Furthermore, although the
Commission is bound to stick to the letter of the law, the fact is that once the
EU signs up to the ECHR the rights prescribed in Articles 39 and 40 of the
EU Charter of Fundamental Rights concerning voting and standing in local
and European elections will not be as comprehensive as the citizen rightly
demands. So wider legal and political action will surely be necessary at the
EU level. And changes to both the primary and secondary law of the EU
cannot be obstructed forever.
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