Dr Derek Hutcheson (University College Dublin)

Transcription

1 REPORT ON FRANCHISE AND ELECTORAL PARTICIPATION OF THIRD COUNTRY CITIZENS RESIDING IN THE EUROPEAN UNION AND OF EU CITIZENS RESIDING IN THIRD COUNTRIES: The external voting rights of non-resident first country nationals Dr Derek Hutcheson (University College Dublin) 26 February 2013

2 LEGAL BASIS Art. 20(2)(b) TFEU and Art. 39, Charter of Fundamental Rights Directives 93/109/EC and 94/80/EC. Limitations: European and Municipal elections only Second-Country Citizens (SCCs) only Member States still determine their own electoral rights for non-resident First Country Citizens (FCCs). Community voters shall exercise their right to vote either in the Member State of residence or in their home Member State (though only once) - Article 4 of Directive 93/109/EC 2

3 EUROPEAN PARLIAMENT ELECTIONS: External Voting Rights All FCNs enfranchised Selected groups of FCNs In-country only No external franchise Not in EU 3

4 NATIONAL LEGISLATIVE ELECTIONS: External Voting Rights All FCNs enfranchised Selected groups of FCNs In-country only No external franchise Not in EU 4

5 LOCAL MUNICIPAL ELECTIONS: External Voting Rights All FCNs enfranchised Selected groups of FCNs In-country only No external franchise Not in EU 5

6 CANDIDACY RIGHTS TO EUROPEAN PARLIAMENT Rights 8 do not allow external candidacy (CZ, DE, HU, LT, MU, MT, RO and SK). 4 (BE, BG, DK and PL) allow only EU-based external candidates. Other 15 MS grant candidacy rights to non-resident FCCs but candidates can only stand in one country ( Directive 2013/1/EU). Comparisons with voting rights: Same: Both voting and candidacy = 12 (AT, CZ, DK*, EE, ES, FI, FR, LV, NL, PT, SE, SI, UK). Neither voting nor candidacy = 2 (HU, SK*). More restrictive candidacy: 4 (LT, LU, RO, MT*) give voting but not candidacy rights. 2 (BG & PL) put restrictions of citizenship/5-yr residence on candidacy. Less restrictive candidacy: 2 (EL & IT): EU residence requirement for vote, but not candidacy. 2 (CY & IE): enfranchise only selected groups of citizens, but allow all non-resident FCCs to stand for election. 6

7 ACCESSING ELECTORAL RIGHTS Country In-country Embassy Proxy Postal E-voting AT YES NO NO YES NO BE NO/YES NO/YES NO/YES YES NO BG YES YES NO NO NO CY YES YES NO NO NO CZ YES YES NO NO NO DE a YES b /TBA NO/TBA NO/TBA YES/TBA NO/TBA DK YES YES NO YES NO EE YES YES NO YES YES EL YES NO NO NO NO ES NO YES NO YES NO FI YES YES NO NO NO FR YES YES YES YES NO/YES HU a X/TBA X/TBA X/TBA X/TBA X/TBA IE NO NO NO YES NO IT YES YES/NO NO YES d NO LT NO YES NO YES NO LU NO NO NO YES NO LV YES NO/YES NO YES NO MT YES NO NO NO NO NL YES YES YES YES NO PL YES YES YES c YES NO PT NO YES NO NO NO RO YES YES NO NO NO SE YES YES NO YES NO SI YES YES NO YES NO SK a X/YES X/NO X/NO X/YES X/NO UK YES NO YES YES NO a = New legislation pending in Germany and Hungary. b =in Germany, voters can hand in postal vote in person. c = in Poland, proxy voting ionly possible for over-75 voters using the option of in-country voting. d = in Italy, postal voting is only possible for certain categories of voters. 7

8 COUNTING AND REPRESENTATION OF EXTERNAL FCCs European Parliament elections General biographical General other Special subdivided Special no division Separate counting FR, EL BE, CZ b, ES b, LT a, NL a, Incorporated counting DK, EE, IT, LU, MT, SE, SI c, UK AT, BG b, CY, DE, FI b,ie, LV b, PL a, PT a, RO b, SI c a = all non-resident votes assimilated into a particular voting district (often the capital). b = all non-resident votes assimilated centrally at national level. c = if biographical connections cannot be ascertained, votes are allocated to the electoral district that is the declared choice of the voter. 8

9 COUNTING AND REPRESENTATION OF EXTERNAL FCCs National legislative elections General biographical General other Special subdivided Separate counting BE, ES CZ (lottery) FR, IT, PT, RO HR Special no division Incorporated counting AT, CY, DK, DE, EE, EL, FI, IE, LU, MT, SE, SI c, UK HU, LT a, LV a, NL a, PL a, SI c, SK a = all non-resident votes assimilated into a particular voting district (often the capital). b = all non-resident votes assimilated centrally at national level. c = if biographical connections cannot be ascertained, votes are allocated to the electoral district that is the declared choice of the voter. 9

10 PARTICIPATION RATES OF NON-RESIDENT FCCs: Case studies France: 11 SMD constituencies abroad, c.1m voters (largest CH). Voting in-country, embassy, proxy, postal or electronic parliamentary = 20.7% (cf. 57.4% nationally) Presidential = 38.4%/42.1% (cf. 79.5% and 80.4%). Italy 12 Chamber of Deputies/6 Senate seats (4 sub-regions). Voting in-country or by post. c. 3m voters: 2008 turnout c.40% (cf. 80% nationally). Portugal 4 seats (2 Europe, 2 rest of world). Embassy voting only. c.195,000 voters: 2011 turnout just 16.9% (cf 58.1%). 10

11 Key issues Inconsistency of FCN external voting rights Some voters have the choice of country to vote in, and others don t. Inconsistency of rights for EU citizens in Third Countries Leads to differential representation of EU citizens outside the Union. Inconsistency of candidacy rights In countries where political party membership restricted, external FCN rights are the main means of participation. Inconsistency of voting methods Makes it easier to access ballot in some countries than others. Low uptake of rights Leads to problems of democratic legitimacy. 11