Difficulties with voting in elections to the European Parliament
Date:
The Council Directive (EU) 2025/1788 of 24 June 2025 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals was published on 8th of September 2025.
As indicated in the press release of the Council of the EU, the objective of adopting the directive was to strengthen the guarantees of the exercise of electoral rights in elections to the European Parliament, inter alia, by preventing the automatic removal of citizens from the electoral registers in their country of origin (citizenship) in the event of their inclusion in the electoral register in their country of residence against their will, which in the past led to the accidental deprivation of entitled persons of their active voting rights in their country of origin.
The directive introduces an obligation for the authorities of the country of residence to inform the persons concerned, in a timely manner and in clear and simple language, of the decision taken on their application to be registered on the electoral roll in that country (Article 11(1) of the directive). Interested voters who are citizens of other EU countries are also guaranteed the right to take legal action in the event of errors in the electoral roll or list of candidates, on the same terms as the law of the Member State of residence prescribes for voters and persons entitled to stand as candidates who are its nationals (Article 11(3) of the Directive), and interested parties should be informed of this in a clear and timely manner (Article 11(4) of the Directive).
The Directive introduces an obligation for Member States to designate at least one national authority responsible for taking the necessary measures to ensure that Union citizens who are nationals of another Member State are informed in a timely manner of the conditions and detailed rules for registering as a voter or candidate in their country of residence (Article 12(1) of the Directive) .
Member States are also required to ensure that above mentioned authorities provide registered voters and candidates residing in the country but not holding its nationality with the following information in a timely manner: a) their registration status, upon request; b) the date of the elections and the manner and place of voting; (c) the relevant provisions concerning the rights and obligations of voters and candidates, including those concerning prohibitions, incompatibilities and penalties for infringements of electoral law, in particular those relating to multiple voting; (d) the means of obtaining further information on the organization of the elections, including the list of candidates (Article 12(2) of the Directive).
The Directive requires Member States of residence to start sending information on voters and candidates registered there to their Member State of origin (citizenship) no later than six weeks before the first day of the election period referred to in Article 10(1) 1 of the Act concerning the election of representatives to the Assembly by direct universal suffrage (OJ EU L 2002, item 283, as amended) (Article 13(1) of the Directive). The Commission was required to provide a framework to support the exchange of the above information by the Member States. This framework is intended to enable the Member States of residence to transmit this information in encrypted form (Article 13(3) of the Directive).
The Directive also proposes a template for a declaration of intent to exercise the right to vote in EP elections only in the country of residence, which may be used by interested Member States to help simplify and standardize the process of applying for registration in the country of residence (Article 9(5) of the Directive, Annex 1 to the Directive).
Member States are required to implement the provisions of the Directive which impose new obligations by September 29, 2027 (Article 21(1) of the Directive).
