Journal article
Publication details
Free Movement and Participation in the Parliamentary Elections in the Member State of Nationality: An Ignored Link?
in journal: Maastricht Journal of European and Comparative Law
Volume number: 16
Issue number: 2
Release year: 2009
Page range: 197-223
Author(s) details
Publication description
Content available online here:
http://www.maastrichtjournal.eu/pdf_file/ITS/MJ_16_02_0197.pdf
http://www.maastrichtjournal.eu/pdf_file/ITS/MJ_16_02_0197.pdf
Keywords:
EU citizenship, political representation, nationality, free movement, democracy
EU citizenship, political representation, nationality, free movement, democracy
Abstract:
Making use of the European citizenship rights should not deprive EU citizens of the possibility of political participation at the Member State level. According to Article 19(1) EC, EU citizens may vote in municipal elections in their host Member State, not in the national elections. Consequently, EU citizens who benefi ted from the Article 18 EC right (or similar lex specialis rights) and moved to another Member State, eff ectively lose their right to participate in politics at the crucial Member State level if their Member State of nationality disallows expatriate voting, which is the case (de iure or de facto) in a number of Member States. Th is article assesses the legality of this situation in the light of Community Law. Building on the assumption that the Member States will be unwilling to change the Treaties to allow for full political participation of EU citizens at the national level in their Member States of residence, other possibilities to solve the outstanding problem are sought and analysed.
Making use of the European citizenship rights should not deprive EU citizens of the possibility of political participation at the Member State level. According to Article 19(1) EC, EU citizens may vote in municipal elections in their host Member State, not in the national elections. Consequently, EU citizens who benefi ted from the Article 18 EC right (or similar lex specialis rights) and moved to another Member State, eff ectively lose their right to participate in politics at the crucial Member State level if their Member State of nationality disallows expatriate voting, which is the case (de iure or de facto) in a number of Member States. Th is article assesses the legality of this situation in the light of Community Law. Building on the assumption that the Member States will be unwilling to change the Treaties to allow for full political participation of EU citizens at the national level in their Member States of residence, other possibilities to solve the outstanding problem are sought and analysed.