Misuse of right to vote in elections to the European Parliament

Subject: Misuse of right to vote in elections to the European Parliament

Years ago, Giovanni di Lorenzo, editor-in-chief of the weekly newspaper ‘Die Zeit’, announced on television that he had voted twice in direct elections for the European Parliament, once in Germany and once in Italy, thanks to his dual nationality. He will not have been the only one to do so. Such multiple voting is prohibited under Section 6(4) of the European Elections Act (EuWG), which states that the right to vote may only be exercised once and must be exercised personally. In practice, however, the European Election Regulations (EuWO), which requires Member States to exchange information that prevents multiple votes, is being honoured as much in the breach as in the observance.

In view of this:

1. Can the Commission indicate how many people are citizens of two or more EU Member States?

2. Have any estimates, studies, etc. been produced to show how many people in this situation are abusing their right to vote in elections to the European Parliament by voting in more than one Member State?

3. What action does the Commission plan to take in response to this breach of electoral law?

Answer given by Mr Reynders on behalf of the European Commission

(18 October 2022)

The Commission does not collect data on the number of EU citizens who are dual nationals. Collecting such data would require EU citizens to disclose all their citizenships and to establish a register of all EU citizens.

EC law (1) prohibits voting more than once in the same European elections. Furthermore, the 2018 Council Decision amending the Electoral Act (2), not yet in force, reinforced this prohibition by introducing in Article 9 that ‘Member States shall take measures necessary to ensure that double voting in elections to the European Parliament is subject to effective, proportionate and dissuasive penalties.’

However, the Commission does not have a general power to intervene in electoral matters. It is the competence and the responsibility of the Member States to lay down the specific conditions for the conduct of elections, and of the competent national administrative and judicial authorities to ensure compliance with applicable law.

In November 2021, the Commission adopted a package of measures to reinforce democracy and protect the integrity of election s (3), including a legislative proposal to recast Directive 93/109/EC (4), which aims, inter alia, to streamline the current mechanism for preventing multiple voting by mobile EU citizens and increase overall awareness that multiple voting is prohibited.

The Commission will continue to work with the Member States, in the framework of the EU cooperation network on elections and the Expert group on electoral matters to support effective enforcement of these rules.

⋅1∙ Article 9 of the 1976 Act concerning the election of the members of the European Parliament by direct universal suffrage and Article 4(1) of Council

Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and 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. ⋅2∙ Council Decision (EU, Euratom) 2018/994 of 13 July 2018 amending the Act concerning the election of the members of the European Parliament by direct universal

suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976, OJ L 178, 16.7.2018, p. 1‐3. ⋅3∙ https://ec.europa.eu/info/policies/justice-and-fundamental-rights/eu-citizenship/democracy-and-electoral-rights_en ⋅4∙ Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and 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 OJ L 329, 30.12.1993, p. 34.