Electoral Rights of Third-Country Nationals in the EU countries Dr Derek Hutcheson ‘Politická participace migrantu’, Prague, 8-9 April February 2013

EUDO/FRACIT ( Electoral Laws electoral-laws electoral-laws 28 national Reports rights-reports rights-reports Study for European Parliament es/join/2013/474441/IPOL- AFCO_ET%282013% _EN.pdf es/join/2013/474441/IPOL- AFCO_ET%282013% _EN.pdf Report to AFCO, 26 February live/en/committees/video?event= COMMITTEE-AFCO live/en/committees/video?event= COMMITTEE-AFCO Electoral Rights database rights/comparing-electoral-rights rights/comparing-electoral-rights 2

Overview in respect of TCNs Map out electoral rights across EU Member States Identify additional restrictions on enfranchisement Explain enfranchisement of selected categories of TCCs Examine electoral participation rates in local elections Formulate policy recommendations on the basis of key findings 3

Normative boundaries of the demos ModelInner boundary (inclusion) Outer boundary (exclusion) Residence criterion Citizenship Non-citizenshipNo All-contributingThose contributing to the state financially, regardless of citizenship status Non-taxpayers, regardless of citizenship status. Not necessarily, though most taxpayers will also be resident. All-affectedAll those directly affected by the political decisions of the state. Those unaffected by political decisions of the state. Includes all residents; does not necessarily exclude non-residents, but other factors (geography, finance, etc.) play more important role. All-subjectedAll those subject to the laws of the state Those not subject to the laws of the state Includes all residents; does not necessarily exclude non-residents, but only in areas with direct interlinkage with state affairs. StakeholderEvidence of a continued stake in a polity No stake in the polityIncludes all residents; does not necessarily exclude non-residents who have a genuine stake in the polity Derived from Iseult Honohan and Derek S. Hutcheson (forthcoming 2015), ‘Transnational Citizenship and Access to Electoral Rights: Defining the Demos in European States’, in Johan A. Elkink and David Farrell, The Act of Voting (Routledge). 4

Differential voting rights at national and local level ‘Restricting the local franchise to national citizens, or EU citizens, or to the citizens of those states that grant a reciprocal franchise introduces a conditionality for the local franchise that has nothing to do with the powers and functions of local self- government.’ – Bauböck Immigration status in principle no different from intra-country migrants. Nested within national regimes. No local immigration/citizenship status. 5

Legal Context EU broadly in favour through ‘soft’ law, as integration tool: Common Basic Principles for Immigrant Integration in the EU (JHA Council, 2004). The EP has advocated the extension of the local franchise since Article 6 of the 1992 Council of Europe Convention on the Participation of Foreigners in Public Life (signed by 8 Member states and ratified by 5 only). BUT not through ‘hard’ law: “[t]he European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures to provide incentives and support for the action of Member States with a view to promoting the integration of third-country nationals residing legally in their territories, excluding any harmonisation of the laws and regulations of the Member States.” (Art TFEU) 6

Electoral Rights vary greatly No electoral rights for TCCs (12 states) Voting Rights: rare at national level (2 states, selectively) increasingly common at regional (5) and local level (16) Candidacy rights: more restricted than those for voting rare at national level (2 states, selectively) 4 in regional elections (UK, PT, SE and DK) and 10 in local elections (DK, FI, SE, IE, EL, LU, NL, PT, SK, UK). Selective enfranchisement Special categories only (PT, ES, UK) Facilitated access - 4 states (FI, SE, DK, EL) 7

Voting rights in local legislative elections (EU28) 8 All TCCs enfranchised Selected categories of TCCs only All TCCs enfranchised AND privileged access for selected categories Not enfranchised Not in EU

Candidacy rights in local legislative elections (EU28) 9 All TCCs enfranchised Selected categories of TCCs only All TCCs enfranchised AND privileged access for selected categories Not enfranchised Not in EU

Additional restrictions Durational residency requirements From 6 months (IE) to 5 years (BE, LU, NL) Legal status of residence Holders of permanent residence permits only (e.g., LT, EE, SI, SK) = de facto durational requirement Registration procedures Same as for natives in 9 states Additional requirements in 7 states (BE, EL, ES, HU, LU,,PT) e.g., Belgian oath, Greek criminal certificate, etc. 10

Selective enfranchisement Membership of an international association of states other than the EU: -Nordic Union (Norway and Iceland) in DK, FI & SE -Commonwealth citizens in the United Kingdom -Citizens of the Community of Portuguese Language Countries (CPLP) in Portugal (only applies to Brazil and Cape Verde) Bilateral agreements applied on the basis of reciprocity -Inactive provisions in Cyprus and the Czech Republic -Growing and eclectic list of countries in Spain and Portugal Special ties based on linguistic or cultural affinities - Irish citizens residing the UK -Facilitated access for holders of a ‘omogenis’ I.D. in Greece 11

Turnout – limited information In Estonia, reported participation rates of Russian citizens and stateless persons in the 2009 local elections were even higher (respectively 75 and 63%). 12 Bhatti et al 2014, p.28 ( k/forskning/publikation er/arbejdspapirer/Hve m_stemte_og_hvem_ blev_hjemme__final_. pdf)

Policy recommendations Converging towards a common approach Harmonising residence-based conditions is beyond EU competence BUT Council Directive 2003/109/EC lays down criteria for long- term residence requirements Recommendation that these should be considered the maximum requirements for enfranchisement Increasing Electoral Participation Lowering registration barriers Information campaigns promoting the benefits of voting. 13

See for: Electoral rights database Country reports Information on citizenship and integration across Europe 14