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26.1.2013 Official
Journal
of
the
European
Union L
26/27
DIRECTIVES
COUNCIL DIRECTIVE 2013/1/EU
of 20 December 2012
amending Directive 93/109/EC as regards certain detailed arrangements for the exercise of the right
to stand as a candidate in elections to the European Parliament for citizens of the Union residing in
a Member State of which they are not nationals
THE COUNCIL OF THE EUROPEAN UNION,
(4)
The difficulties encountered by such citizens in iden
tifying the authorities empowered to issue that attestation
Having regard to the Treaty on the Functioning of the European
and in obtaining it in good time act as a barrier to the
Union, and in particular Article 22(2) thereof,
exercise of the right to stand as a candidate and
contribute to the low number of citizens of the Union
Having regard to the proposal from the European Commission,
standing as candidates in elections to the European
Parliament in their Member State of residence.
Having regard to the opinion of the European Parliament ( 1 ),
(5) The
requirement
for
those
citizens
to
submit
such
an
Acting in accordance with a special legislative procedure,
attestation should accordingly be abolished and
replaced by a statement confirming that the person
concerned has not been deprived of the right to stand
Whereas:
in the elections to the European Parliament, to be
included in the formal declaration that those citizens
(1)
The right of every citizen of the Union to vote and to
are required to produce as part of their application.
stand as a candidate in elections to the European
Parliament in his Member State of residence is recognised
under Article 20(2)(b) of the Treaty on the Functioning
(6) The
Member
State
of
residence
should
be
required
to
notify the home Member State of such declarations, in
of the European Union and under Article 39(1) of the
order to verify whether the citizen of the Union has in
Charter of Fundamental Rights of the European Union.
fact been deprived of the right to stand in elections to
Council Directive 93/109/EC of 6 December 1993 laying
the European Parliament in the home Member State.
down detailed arrangements for the exercise of the right
Upon receipt of that notification, the home Member
to vote and stand as a candidate in elections to the
State should provide the Member State of residence
European Parliament for citizens of the Union residing
with relevant information within a time-limit allowing
in a Member State of which they are not nationals ( 2 )
for the admissibility of the candidacy to be effectively
provides for arrangements for the exercise of that right.
assessed.
(2) The
Commission
reports
of
12
December
2006
and
of
27 October 2010 on the application of Directive
(7) Failure
by
the
home
Member
State
to
provide
that
93/109/EC to the 2004 elections and the 2009 elections,
information on time should not result in the deprivation
respectively, revealed the need to amend certain
of the right to stand as a candidate in the Member State
provisions of Directive 93/109/EC.
of residence. In cases where the relevant information is
provided at a later stage, the Member State of residence
should ensure, by appropriate measures and in
(3) Directive
93/109/EC
provides
that
any
citizen
of
the
accordance with the procedures provided for by its
Union who has been deprived of his right to stand as
national law, that citizens of the Union deprived of the
a candidate under either the law of the Member State of
right to stand in their home Member State who were
residence or the law of his home Member State shall be
registered on the roll or have already been elected, are
precluded from exercising that right in the Member State
prevented from being elected or from exercising their
of residence in elections to the European Parliament. To
mandate.
that end, Directive 93/109/EC requires a citizen of the
Union, when submitting his application to stand as a
candidate in a Member State other than the home
(8) Given
that
the
admissibility
procedure
in
a
Member
State
Member State, to produce an attestation from the
necessarily entails additional administrative steps for a
competent administrative authorities of the home
national of another Member State than for the
Member State certifying that the person concerned has
nationals of that Member State, it should be possible
not been deprived of the right to stand as a candidate in
for Member States to set a different deadline for the
the home Member State or that no such disqualification
submission of applications to stand as a candidate by
is known to them.
citizens of the Union who are not nationals than that
set for national citizens. Any difference in the deadline
should be limited to that which is necessary and propor
( 1 ) European Parliament legislative resolutions of 26 September 2007
tionate in order to allow for the notification of the
(OJ C 219 E, 28.8.2008, p. 193) and of 20 November 2012 (not
yet published in the Official Journal).
information from the home Member State to be taken
( 2 ) OJ L 329, 30.12.1993, p. 34.
into account in good time, with a view to rejecting an

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L 26/28
EN
Official Journal of the European Union
26.1.2013
application before the nomination of the candidates.
Article 10(1). To that end, the relevant information
Establishing such a separate deadline should not affect
that is available from the home Member State shall be
the deadlines for obligations for other Member States
provided in any appropriate manner within five working
to effect notifications pursuant to Directive 93/109/EC.
days from the reception of the notification or, where
possible, within a shorter time-limit, if so requested by
(9) To
facilitate
communication
between
national
authorities,
the Member State of residence. Such information may
Member States should designate one contact point to be
include only details which are strictly necessary for the
responsible for the notification of information
implementation of this Article and may be used only for
concerning such candidates.
that purpose.
(10) To
ensure
a
more
efficient
identification
of
candidates
If the information is not received by the Member State
registered both on the list of their home Member State
of residence within the time-limit, the candidate shall
and that of the Member State of residence, the list of data
none the less be admitted.
to be required from citizens of the Union when
submitting an application to stand as candidates in the
4. If the information provided invalidates the content
Member State of residence should include their date and
of the declaration, the Member State of residence, irre
place of birth and the last address of residence in their
spective of whether it receives the information within
home Member State.
the time-limit or at a later stage, shall take the appro
priate steps in accordance with its national law to
(11) In
accordance
with
the
Joint
Political
Declaration
of
28 September 2011 of Member States and the
prevent the person concerned from standing as a
Commission on explanatory documents, Member States
candidate or where this is not possible, to prevent this
have undertaken to accompany, in justified cases, the
person either from being elected or from exercising the
notification of their transposition measures with one or
mandate.
more documents explaining the relationship between the
5. Member
States
shall
designate
a
contact
point
to
components of a directive and the corresponding parts of
receive and transmit the information necessary for the
national transposition instruments. With regard to this
application of paragraph 3. They shall communicate to
Directive, the legislator considers the transmission of
the Commission the name and contact details of the
such documents to be justified.
contact point and any updated information or changes
(12) Directive 93/109/EC should therefore be amended
concerning it. The Commission shall keep a list of
accordingly,
contact points and make it available to the Member
States.’;
HAS ADOPTED THIS DIRECTIVE:
(2) Article 10 is amended as follows:
Article 1
(a) in paragraph 1, point (a) is replaced by the following:
Directive 93/109/EC is hereby amended as follows:
(1) Article 6 is amended as follows:
‘(a) his nationality, date and place of birth, last address
in the home Member State and his address in the
(a) paragraph 1 is replaced by the following:
electoral territory of the Member State of residence;’;
‘1. Any
citizen
of
the
Union
who
resides
in
a
(b) the following point is added to paragraph 1:
Member State of which he is not a national and who,
through an individual judicial decision or an adminis
‘(d) that he has not been deprived of the right to stand
trative decision provided that the latter can be subject to
as a candidate in the home Member State through
judicial remedies, has been deprived of his right to stand
an individual judicial decision or an administrative
as a candidate under either the law of the Member State
decision provided that the latter can be subject to
of residence or the law of his home Member State, shall
judicial remedies.’;
be precluded from exercising that right in the Member
State of residence in elections to the European
(c) paragraph 2 is deleted.
Parliament.’;
Article 2
(b) paragraph 2 is replaced by the following:
1. Member
States
shall
bring
into
force
the
laws,
regulations
‘2. The
Member
State
of
residence
shall
check and administrative provisions necessary to comply with this
whether the citizens of the Union who have expressed
Directive by 28 January 2014. They shall immediately inform
a desire to exercise their right to stand as a candidate
the Commission thereof.
there have not been deprived of that right in the home
Member State through an individual judicial decision or
When Member States adopt those measures, they shall contain a
an administrative decision provided that the latter can
reference to this Directive or shall be accompanied by such
be subject to judicial remedies.’;
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
(c) the following paragraphs are added:
Member States.
‘3. For the purposes of paragraph 2 of this Article,
2. Member
States
shall
communicate
to
the
Commission
the
the Member State of residence shall notify the home
text of the main measures of national law which they adopt in
Member State of the declaration referred to in
the field covered by this Directive.

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EN
26.1.2013 Official
Journal
of
the
European
Union L
26/29
Article 3
This Directive shall enter into force on the day following that of its publication in the Official Journal of the
European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 20 December 2012.
For the Council
The President
E. FLOURENTZOU

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