Voting rights of migrantsin Europe

Kees GroenendijkCenter for Migration Law

Radboud University NijmegenEESC hearing

Brussels 4 September 2013

Three questions

• Which European states grant voting rights to resident non-citizens?

• Main arguments for and against?

• Effects?

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

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

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

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

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

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

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)

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

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

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

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

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