Presentation by Prof. Kees Groenendijk (Centre for Migration Law, University of Nijmegen) on the occasion of the EESC hearing on 'A more inclusive citizenship open to immigrants' - Brussels, 4 September 2013

1. Voting rights of migrants
in Europe
Kees Groenendijk
Center for Migration Law
Radboud University Nijmegen
EESC hearing
Brussels 4 September 2013

2. Three questions
• Which European states grant voting rights
to resident non-citizens?
• Main arguments for and against?
• Effects?

3. Voting rights for migrants
• Voting rights (active and passive) are
essential political rights, but there are
many other political rights
• Migrants: Union citizens in other Member
States  Third country nationals

4. Other political rights
•
•
•
•
•
•
•
•
Freedom of expression
Freedom of association: party, trade union
Right to form a political party
Right to be member of political party
Right to demonstrate
Right to strike
Right to be member of workers council
Right to work in public service

5. Gradual extension after 1960
• Until 1960s: expression of political views =
violation public order => expulsion
• Article 16 ECHR (1950)!
• Gradually more political rights granted to
resident non-citizens
• Union citizens in other Member States
more voting rights than third-country
nationals

6. Union citizens in other MS
• Right to vote in municipal elections
Article 22(1) TFEU; Article 40 EU Charter
• Maastricht Treaty 1992; several MS had to
amend their Constitution
• Directive 94/80: implementation > 10 yrs
• Right to vote in election Eur Parliament
Article 22(2) TFEU; Article 39 EU Charter
• Directive 93/109: implementation in 1994

7. Remaining problems
• Migrant Union citizens have no right to
vote in national elections in other MS
• No EU competence in Treaties; pending
European citizens intitiative “Let me vote”
deadline January 2014; chance success?
• Practical problems with exercising voting
rights (requirement to register)
• Exclusion from other political rights

8. Third-country nationals
• No voting rights for TCN in Union law; no
EU competence in Treaties
• Some political rights granted in Directive
2003/109 and in Association EEC-Turkey
• In international law voting rights only for
citizens (ECHR and ICCPR); exception
CoE convention 1992; only 8 ratifications
• Depends on national law Member States

9. Present situation in Europe
• Local voting rights for TCN in 17 of 29
states: BE, DK, ES, FI, HU, IR, LT, LU,
NL, PR, SK, SL, SP, SW, UK + NO, CH
(in 5 states active voting rights only)
• 12 of 29 states non-national residents no
voting rights: AU, BU, CY, CZ, FR, GE,
GR, IT, LV, MT, PL and RO
• (in CZ, IT, MA possibility present in law)

10. Five arguments pro
• No taxation without representation
• Unequal treatment only on basis nationality hard
to justify after long lawful residence
• Symbolic message long-term residents will stay
and are entitled to equal treatment
• Stimulates political participation and integration
• Pathway to citizenship stimulates naturalisation

11. Five arguments contra
•
•
•
•
Voting is privilege linked to nationality
Fear for influence of foreign governments
Fear for ethnic political parties
Immigrants should not disturb power
relations between political parties
• Granting voting rights will reduce
immigrants’ interest in naturalisation

12. Empirical data on effects
• No country has abolished voting rights for
non-nationals (DPP in DK no success)
• In several states large scale naturalisation
after granting voting rights (NL, SW, BE)
• Ethnic parties unattractive for immigrants
• Foreign influence: exceptional incidents
• Voting pattern immigrants over time more
similar with rest of population

13. Political choice
• Mainly emotional and ideological costs
• Few financial costs involved
• Open or closed idea of population and
democracy: BVerfG 1990 German people
versus ECJ 200? ‘Peoples of Europe’
• Integration and naturalisation tests will
restrict participation in political life to better
educated immigrants - on purpose or not

14. Recommendations
• Encourage informal or open consultation
by Member States on this issue and on
access to nationality
• Avoid contraproductive requirements:
registration, reciprocity, language tests
• EC should monitor access of EU migrants
to other politicial rights
• Encourage ratification of 1992 Council of
Europe convention