Chapter III, Article 16, Paragraph 1. · Council Directive (EU) 2025/1788

Contents

1.If, in a given Member State, the proportion of Union citizens of voting age who reside in it but are not nationals of it exceeds 20 % of the total number of national Union citizens and non-national Union citizens residing there who are of voting age, that Member State may, by way of derogation from Articles 3, 9 and 10:

(a)restrict the right to vote to Union voters who have resided in that Member State for a minimum period, which may not exceed 5 years;

(b)restrict the right to stand as a candidate to Union citizens entitled to stand as candidates who have resided in that Member State for a minimum period, which may not exceed 10 years.

The first subparagraph is without prejudice to appropriate measures which that Member State may take with regard to the composition of lists of candidates and which are intended in particular to encourage the integration of non-national Union citizens.However, Union voters and Union citizens entitled to stand as candidates who, owing to the fact that they have taken up residence outside their home Member State or by reason of the duration of such residence, do not have the right to vote or to stand as a candidate in their home Member State shall not be subject to the conditions as to length of residence set out in the first subparagraph.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Defined terms · 9

Show every defined term

elections to the European Parliament
means elections by direct universal suffrage to the European Parliament of representatives in accordance with 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 (‘the Electoral Act’);
electoral roll
means the official register of all voters entitled to vote in a given constituency or locality, drawn up and kept up to date by the competent authority under the electoral law of the Member State of residence, or the population register if it indicates eligibility to vote;
electoral territory
means the territory of a Member State in which, in accordance with the Electoral Act and, within that framework, in accordance with the electoral law of that Member State, members of the European Parliament are elected by the people of that Member State;
formal declaration
means a declaration by the person concerned, inaccuracy in which makes that person liable to penalties, in accordance with the applicable national law.
home Member State
means the Member State of which a Union citizen is a national;
Member State of residence
means a Member State in which a Union citizen resides but of which the Union citizen is not a national;
reference date
means the day or the days as of which Union citizens have to satisfy, under the law of the Member State of residence, the requirements for voting or for standing as a candidate in that State;
Union citizen entitled to stand as a candidate
means any Union citizen who has the right to stand as a candidate in elections to the European Parliament in the Member State of residence in accordance with this Directive;
Union voter
means any Union citizen who is entitled to vote in elections to the European Parliament in the Member State of residence in accordance with this Directive;