See Full Document Text
Official Journal EN
of the European Union L series
2026/1194 4.6.2026
COUNCIL DIRECTIVE (EU) 2026/1194
of 26 May 2026
laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in
municipal elections for Union citizens residing in a Member State of which they are not nationals
(recast)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 22(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Parliament(1),
Acting in accordance with a special legislative procedure,
Whereas:
(1) A number of amendments are to be made to Council Directive 94/80/EC(2). In the interests of clarity, that Directive
should be recast.
(2) Article 20(2), first subparagraph, point (b), and Article 22(1) of the Treaty on the Functioning of the European
Union (TFEU) confer on Union citizens residing in a Member State of which they are not nationals the right to vote
and to stand as a candidate in municipal elections in their Member State of residence under the same conditions as
nationals of that Member State. The right, which is also affirmed in Article 40 of the Charter of Fundamental Rights
of the European Union (the ‘Charter’), gives specific expression to the principle of equality and non-discrimination
on grounds of nationality, set out in Article 21 of the Charter. It is also a corollary of the right to move and reside
freely enshrined in Article 20(2), first subparagraph, point (a), and Article 21 TFEU and Article 45 of the Charter.
(3) The detailed arrangements governing the exercise of the right to vote and to stand as a candidate in municipal
elections are set out in Directive 94/80/EC.
(4) In the EU Citizenship Report 2020, the Commission stressed the need to update, clarify and strengthen the rules on
the exercise of the right to vote and to stand as a candidate in municipal elections in order to ensure that they
support the broad and inclusive participation of mobile Union citizens. In view thereof, taking into account the
experience gained in the application of Directive 94/80/EC for successive elections, and in order to take account of
changes introduced by the amendments to the Treaties, several provisions of that Directive should be updated.
(5) The electoral procedure related to municipal elections falls within the competence of the Member States that
organise them in accordance with their specific traditions and with international and European standards. In line
with International Covenant on Civil and Political Rights and the provisions of the European Convention on Human
Rights, Member States should not only recognise and respect the right of Union citizens to vote and to stand as
a candidate but also ensure easy access to their electoral rights by removing as many obstacles to their participation
in elections as possible.
(1) Opinion of 14 February 2023 (OJ C 283, 11.8.2023, p. 100).
(2) Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to
stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals
(OJ L 368, 31.12.1994, p. 38, ELI: http://data.europa.eu/eli/dir/1994/80/oj).
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(6) In order to ensure that Union citizens who reside in a Member State of which they are not nationals (‘non-national
Union citizens’) are able to exercise their right to vote and to stand as a candidate in municipal elections under the
same conditions as nationals of their Member State of residence, the conditions governing registration and
participation in such elections should be clarified in order to ensure equal treatment between national and
non-national Union citizens. In particular, Union citizens seeking to vote and to stand as candidates in municipal
elections in their Member State of residence should be treated equally as regards any periods of residence that are to
be fulfilled as a condition for the exercise of the right, as well as the proof required in order to demonstrate
compliance with such a condition.
(7) In addition, non-national Union citizens should not be required to fulfil any special conditions in order to exercise
the right to vote or stand as a candidate in municipal elections unless, exceptionally, different treatment of nationals
and non-nationals is justified by circumstances specific to the latter distinguishing them from the former.
(8) In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country
of residence, such citizens should be entered on the electoral roll in sufficient time in advance of polling day. The
formalities applicable to their registration should be as simple as possible. In order to be registered, it should be
sufficient for the Union citizens concerned to produce the same documents as voters who are nationals. Member
States should be able to require voters who are non-national Union citizens to produce a valid identity document
and a formal declaration that includes elements demonstrating their entitlement to participate in the elections. Once
registered, non-national Union citizens should remain on the electoral roll under the same conditions as Union
citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the
right to vote. Where applicable, Union citizens should be able to provide the competent authorities with contact
information, enabling those authorities to keep them informed on a regular basis.
(9) While Member States are competent to determine the right to vote or to stand as a candidate in municipal elections
as regards nationals who reside outside their territory, the fact that non-national Union citizens have been entered on
the electoral roll of their Member State of residence should not in itself constitute grounds for their removal from the
electoral roll of their home Member State.
(10) Deprivation of the right to stand as a candidate maybe ordered by an individual decision of the authorities either of
the Member State of residence or of the home Member State. In view of the political significance of the holding of
elected municipal office, Member States should be entitled to obtain information from the home Member State
related to the deprivation of the right to stand as a candidate in the candidate’s home Member State.
(11) Since the duties of the leadership of basic local government units can involve taking part in the exercise of official
authority and in the safeguarding of the general interest, Member States should be able to reserve those offices for
their nationals, while fully respecting the principle of proportionality.
(12) It should likewise be possible for participation by elected municipal officers in the election of a parliamentary
assembly to be reserved for a Member State’s own nationals.
(13) Where Member States’ laws provide that the holding of elected municipal office is incompatible with holding other
offices, Member States should be able to extend the scope of such laws to include equivalent offices held in other
Member States.
(14) It is necessary to ensure that the freedom of Union citizens to choose whether or not to take part in municipal
elections in the Member State in which they reside is respected and that those citizens are able to express their wish
to exercise their right to vote in their Member State of residence. It is therefore appropriate for provision to be made
by Member States where voting is not compulsory to automatically register those citizens on the electoral roll.
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(15) The accessibility of information on electoral rights and procedures is a key component in ensuring the effective
exercise of the right enshrined in Article 20(2), first subparagraph, point (b), and Article 22(1) TFEU.
(16) The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their
electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to
exercise their rights and to deliver on their obligations. Member States should ensure that competent authorities
provide appropriate information to Union citizens on their rights under Article 20(2), first subparagraph, point (b),
and Article 22(1) TFEU and the relevant rules and procedures regarding participation in and the organisation of
municipal elections. Competent authorities should be understood to include authorities designated at a subnational
level where responsibility for the organisation of municipal elections is ordinarily exercised at that level in
accordance with the national constitutional order. In order to ensure the effectiveness of communications,
information should be provided in clear and comprehensible terms. This means that information should be provided
in a manner that the person concerned can be reasonably expected to understand. The requirement for clear and
plain language is to be seen in the context of the formal requirements for administrative procedures in the Member
State. It should be possible for Member States to make reference to provisions of national law when informing the
person concerned of a decision on an application to register as candidate or voter within the meaning of this
Directive. It should be possible for competent authorities to notify an authorised representative of such a decision.
(17) In order to improve the accessibility of electoral information, general information on the organisation of elections,
conditions for registration for voters and candidates, the date of the election and how and where to vote should be
made available, for example on a generally accessible website that enables automated translation, in at least one other
official language of the Union. Translations in such other languages should be purely informative and should not
have any legal effect. If any questions arise with regard to the accuracy of the information contained in those
translations, only the versions in the official language or languages of that Member State should be considered legally
binding.
(18) Any derogation from the general rules of this Directive has to be warranted, pursuant to Article 22(1) TFEU, by
problems specific to a Member State and has to be in line with the requirements set out in Article 52 of the Charter,
including the requirement for any limitations on the exercise of the right to vote and to stand as a candidate in
municipal elections to be provided for by law and to be subject to the principles of proportionality and necessity. In
addition, any derogation has to be in line with Article 47 of the Charter.
(19) Specific problems could arise in a Member State in which the proportion of Union citizens of voting age who reside
in it but are not nationals of it is very significantly above average. Derogations regarding the right to vote are
warranted where such citizens form more than 20 % of the total electorate. Such derogations should be based on the
criterion of period of residence.
(20) Member States in which the proportion of non-national Union citizens of voting age exceeds 20 % of the total
number of Union citizens of voting age who reside there should have the possibility to lay down, in compliance with
Article 22(1) TFEU, specific provisions concerning the composition of lists of candidates.
(21) Account has to be taken of the fact that, in certain Member States, residents who are nationals of other Member
States have the right to vote in elections to the national parliament. Certain provisions of this Directive may
consequently be dispensed within those Member States.
(22) The Kingdom of Belgium is characterised by specific features and balances linked to the fact that Articles 1 to 4 of its
Constitution provide for three official languages and a territorial division into regions and communities. As a result,
the full application of this Directive in certain communes might have effects such as to necessitate providing for the
possibility of a derogation from the provisions of this Directive in order to take account of those specific features
and balances.
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(23) The Commission should regularly assess the application of this Directive and submit a report in that regard to the
European Parliament and to the Council. The report should include information on the measures taken by Member
States to support participation in elections of non-national Union citizens and, where available, statistical data
regarding the exercise of their electoral rights. Such statistical data could include data on the registration of voters
and candidates and on voter turnout, as well as aggregated anonymised data on nationality, age, language and
location. Taking into account their administrative capacity and the fact that there is no obligation to collect or create
new data, Member States should make best efforts to support that exercise by providing the available information in
a timely manner on the basis of a questionnaire circulated by the Commission.
(24) Where applicable, the processing of personal data for the purpose of providing to the Commission statistical data on
the participation of non-national Union citizens in elections should be carried out in compliance with Regulation
(EU) 2016/679 of the European Parliament and of the Council(3)and Regulation (EU) 2018/1725 of the European
Parliament and of the Council(4), including the principles of purpose limitation, data minimisation, storage
limitation and integrity and confidentiality. In particular, the processing of personal data for statistical purposes
should be subject to appropriate safeguards, in accordance with Article 89(1) of Regulation (EU) 2016/679 and
Article 13 of Regulation (EU) 2018/1725. In that regard, data should be shared by using privacy-enhancing
technologies that are specifically designed to implement those principles. Statistical data processed for the purposes
of this Directive should be aggregated to such a degree that individuals cannot be identified.
(25) It is necessary that the Commission conduct its own evaluation of the application of this Directive within
a reasonable timeframe from its entry into force, in conjunction with the evaluation of the application of Council
Directive (EU) 2025/1788(5).
(26) In order to ensure that the list of basic government units in Member States remains up to date, the power to adopt
delegated acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the list of
basic government units. It is of particular importance that the Commission carry out appropriate consultations
during its preparatory work, including at expert level, and that those consultations be conducted in accordance with
the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(6). In particular,
to ensure timely access to all information regarding the preparation of delegated acts, the Council should receive all
documents at the same time as Member States’ experts, and its experts should systematically have access to meetings
of Commission expert groups dealing with the preparation of delegated acts.
(27) The Member States, by ratifying the United Nations Convention on the Rights of Persons with Disabilities, and the
Union, by concluding that Convention by means of Council Decision 2010/48/EC(7), have committed themselves to
ensuring compliance with that Convention, including Article 29 thereof on participation in political and public life.
In order to support inclusive and equal electoral participation for persons with disabilities, arrangements for
non-national Union citizens to exercise the right to vote and to stand as a candidate there in municipal elections
should have due regard to the needs of citizens with a disability and of older citizens.
(3) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons
with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General
Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
(4) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural
persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free
movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39,
ELI: http://data.europa.eu/eli/reg/2018/1725/oj).
(5) Council Directive (EU) 2025/1788 of 24 June 2025 laying down detailed arrangements for the exercise of the right to vote and to
stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not
nationals (OJ L, 2025/1788, 8.9.2025, ELI: http://data.europa.eu/eli/dir/2025/1788/oj).
(6) OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.
(7) Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United
Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35, ELI: http://data.europa.eu/eli/dec/2010/48
(1)/oj).
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(28) Regulations (EU) 2016/679 and (EU) 2018/1725 apply to personal data processed when implementing this
Directive.
(29) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU)
2018/1725 and delivered formal comments on 17 January 2022.
(30) This Directive respects fundamental rights and the principles recognised in particular by the Charter, in particular
Articles 21 and 40 thereof. Accordingly, it is essential that this Directive be implemented in accordance with those
rights and principles by ensuring full respect for, inter alia, the right to protection of personal data, the right to
non-discrimination, the right to vote and to stand as a candidate in municipal elections, the freedom of movement
and of residence and the right to an effective remedy.
(31) The obligation to transpose this Directive into national law should be confined to those provisions that represent
a substantive amendment as compared to the earlier Directives. The obligation to transpose the provisions that are
unchanged arises under the earlier Directives.
(32) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for the
transposition into national law of the Directives set out in Annex II, Part B,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
General provisions
Article 1
Subject matter and scope
1. This Directive lays down the detailed arrangements whereby Union citizens residing in a Member State of which they
are not nationals (‘non-national Union citizens’) may exercise the right to vote and to stand as a candidate there in
municipal elections.
2. Nothing in this Directive shall affect any Member State’s provisions concerning the right to vote or to stand as
a candidate either of its nationals who reside outside its territory or of third-country nationals who reside in that Member
State.
Article 2
Definitions
1. For the purposes of this Directive, the following definitions apply:
(a) ‘basic local government unit’ means an administrative entity as listed in Annex I which, in accordance with the laws of
the relevant Member State, contains one or more bodies elected by direct universal suffrage and is empowered to
administer, at the basic level of political and administrative organisation, certain local affairs under its own
responsibility;
(b) ‘municipal elections’ means elections by direct universal suffrage to appoint the members of the representative council
and, where appropriate, under the laws of the relevant Member State, the head and members of the executive of a basic
local government unit;
(c) ‘Member State of residence’ means the Member State in which a Union citizen resides but of which the Union citizen is
not a national;
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(d) ‘home Member State’ means the Member State of which a Union citizen is a national;
(e) ‘electoral roll’ means the official register of all voters entitled to vote in a given basic local government unit or in one of
its subdivisions, 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;
(f) ‘reference date’ means the day or the days on 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 Member State;
(g) ‘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.
2. A Member State shall notify the Commission if any basic local government unit referred to in Annex I is, by virtue of
a change in its domestic law, replaced by another unit having the functions referred to in paragraph 1, point (a), of this
Article or if, by virtue of such a change, any such unit is abolished or further such units are created.
The Commission is empowered to adopt delegated acts in accordance with Article 16 concerning the amendment of
Annex I on the basis of the notifications received pursuant to the first subparagraph of this paragraph.
Article 3
Conditions governing the right to vote and to stand as a candidate
Any person who, on the reference date:
(a) is a Union citizen within the meaning of Article 20(1) TFEU; and
(b) is not a national of the Member State of residence, but satisfies the same conditions in respect of the right to vote and to
stand as a candidate as that Member State imposes by law on its own national,
shall have the right to vote and to stand as a candidate in municipal elections in the Member State of residence in
accordance with this Directive.
Article 4
Residence period requirements
1. If, in order to vote or to stand as candidates, nationals of the Member State of residence must have spent a certain
minimum period as a resident in the territory of that Member State, persons entitled to vote and stand as candidates
pursuant to Article 3 shall be deemed to have fulfilled that condition where they have resided for an equivalent period in
other Member States.
2. If, under the laws of the Member State of residence, its own nationals are able to vote or stand as candidates only in
the basic local government unit in which they have their principal residence, persons entitled to vote and to stand as
candidates pursuant to Article 3 shall also be subject to that condition.
3. Paragraph 1 shall not affect:
(a) the provisions of any Member State under which the exercise of the right to vote and to stand as a candidate in a given
basic local government unit is subject to a minimum residence period in that unit;
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(b) any national provision already in force on the date of adoption of this Directive, whereby the exercise of such right to
vote and to stand as a candidate is subject to a minimum residence period in the constituent part of the Member State of
which the basic local government unit forms a part.
Article 5
Ineligibility
1. Member States of residence may provide that non-national Union citizens who, through an individual decision under
civil law or a criminal law decision, have been deprived of their right to stand as a candidate under the law of their home
Member State shall be precluded from exercising that right in municipal elections.
2. An application from any non-national Union citizen to stand as a candidate in municipal elections in the Member
State of residence may be declared inadmissible where that citizen is unable to produce the declaration referred to in
Article 9(2), point (a), or the attestation referred to in Article 9(2), point (b).
3. Member States may provide that only their own nationals are able to hold the office of elected head, deputy or
member of the governing college of the executive of a basic local government unit if elected to hold office for the duration
of their mandate.
The Member States may also lay down that the temporary or interim performance of the functions of a head, deputy or
member of the governing college of the executive of a basic local government unit may be restricted to their own nationals.
Having regard to the TFEU and to general legal principles, Member States may take appropriate, necessary and proportional
measures to ensure that the offices referred to in the first subparagraph can be held, and the interim functions referred to in
the second subparagraph can be performed, only by their own nationals.
4. Member States may also provide that non-national Union citizens elected as members of a representative council are
to take part in neither the designation of delegates who can vote in a parliamentary assembly nor the election of the
members of that assembly.
Article 6
Incompatibility
1. Persons entitled to stand as candidates pursuant to Article 3 shall be subject to the same conditions concerning
incompatibility that apply, under the laws of the Member State of residence, to nationals of that Member State.
2. Member States may provide that the holding of elected municipal office in the Member State of residence is also
incompatible with the holding of offices in other Member States which are equivalent to those which give rise to
incompatibility in the Member State of residence.
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CHAPTER II
Exercise of the right to vote and the right to stand as a candidate
Article 7
Freedom to choose to vote in the Member State of residence
1. Persons entitled to vote pursuant to Article 3 (‘voters pursuant to Article 3’) shall exercise their right to vote in
municipal elections in the Member State of residence if they have expressed the wish to do so.
2. If voting is compulsory in the Member State of residence, voters pursuant to Article 3 who have been entered on the
electoral roll there shall also be obliged to vote.
3. Member States where voting is not compulsory may provide for the automatic registration of voters pursuant to
Article 3 on the electoral roll.
Article 8
Entry on and removal from the electoral roll
1. Member States shall take the measures necessary to enable voters pursuant to Article 3 to be entered on the electoral
roll sufficiently in advance of polling day.
2. In order to have their name entered on the electoral roll, voters pursuant to Article 3 shall produce the same
documents as voters who are nationals.
The Member State of residence may also require voters pursuant to Article 3 to produce a valid identity document, along
with a formal declaration stating their name, nationality, date and place of birth and address in the electoral territory of the
Member States of residence. The Member States may also require that the formal declaration include additional contact
details such as a telephone number or email address.
3. Voters pursuant to Article 3 who have been entered on an electoral roll in the Member State of residence shall remain
thereon, under the same conditions as voters who are nationals, until they are removed because they no longer satisfy the
requirements for exercising the right to vote. Where provisions are in place to notify nationals of such a removal from the
electoral roll, those provisions shall apply to voters pursuant to Article 3 in the same way.
Voters who have been entered on the electoral roll at their request can also be removed from it if they so request.
If such voters move to another basic local government unit in the same Member State, they shall be entered on the electoral
roll of that unit under the same conditions as voters who are nationals.
4. Without prejudice to the rules of any Member State concerning the right to vote or to stand as a candidate of
nationals who reside outside its territory, the fact that voters pursuant to Article 3 have been entered on the electoral roll of
their Member State of residence shall not result in their removal from the electoral roll of the home Member State.
Article 9
Registration as a candidate
1. When submitting an application to stand as candidates persons entitled to stand as candidates pursuant to Article 3
shall produce the same supporting documents as candidates who are nationals. The Member State of residence may require
those persons to produce a valid identity document, along with a formal declaration stating their name, nationality, date
and place of birth and address in the electoral territory of the Member States of residence.
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2. The Member State of residence may also require persons entitled to stand as candidates pursuant to of Article 3 to:
(a) state in the formal declaration referred to in paragraph 1 that they have not been deprived of the right to stand as
a candidate in their home Member State;
(b) where there is doubt with regard to the content of the formal declaration as referred to in point (a),produce before or
after the election an attestation from the competent administrative authorities in their home Member State certifying
that they have not been deprived of the right to stand as a candidate in that Member State or that no such deprivation is
known to those authorities;
(c) state in the formal declaration referred to in paragraph 1 additional contact details such as a telephone number or email
address;
(d) state in the formal declaration referred to in paragraph 1 that they hold no office which is incompatible within the
meaning of Article 6(2);
(e) indicate their last address in their home Member State, insofar as they have had one.
Article 10
Specific means of voting
Member States that provide for the possibility for nationals to vote by means of advance voting, postal voting, or electronic
or internet voting in municipal elections shall ensure that such means of voting are available to voters pursuant to Article 3
under the same conditions.
Article 11
Decision on registration and legal remedies
1. The competent authorities of the Member State of residence shall inform the person concerned in a timely manner
and in clear and plain language of the decision taken on that person’s application for entry on the electoral roll or of the
decision concerning the admissibility of that person’s application to stand as a candidate. The notification of an application
to stand as candidate may also be issued to an authorised representative.
2. Should a non-national Union citizen not be entered on the electoral roll or an application of such a citizen for entry
on the electoral roll be rejected or an application of such a citizen to stand as a candidate be rejected, the person concerned
shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and
persons entitled to stand as candidates who are its nationals.
3. In the event that there are errors in the electoral roll or in the list of candidates for municipal elections, the persons
concerned shall be entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for
voters and persons entitled to stand as candidates who are its nationals.
Article 12
Provision of information
1. Member States shall ensure that one or more authorities have the responsibility for taking the measures necessary to
ensure that non-national Union citizens are informed in a timely manner of the conditions and detailed rules for
registration as a voter or candidate in municipal elections.
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2. Member States shall ensure that the competent authorities pursuant to paragraph 1 make the following information
available to registered Union voters pursuant to Article 3 and registered Union citizens entitled to stand as candidates
pursuant to Article 3, in a timely manner:
(a) the status of their registration upon request,
(b) the date of the election and how and where to vote,
(c) means of obtaining further information relating to the organisation of the election, including the list of candidates.
3. The information on conditions and detailed rules for registration as a voter or candidate in municipal elections and
the information referred to in paragraph 2 shall be made available in accordance with the quality requirements set out in
Article 9(1) of Regulation (EU) 2018/1724 of the European Parliament and Council(8) in one or more of the official
languages of the Member State of residence.
General information on the organisation of elections, including the conditions for registration as a voter or candidate, the
date of the election and how and where to vote, shall also be available in at least one other official language of the Union as
referred to in Article 12(3) of Regulation (EU) 2018/1724 or that is broadly understood by Union citizens residing on the
territory of the Member State of residence. Member States may request the Commission to provide assistance for such
translations in accordance with Article 12 of Regulation (EU) 2018/1724. Such translations shall be purely informative and
shall have no legal effect.
4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in
municipal elections and information referred to in paragraph 2 are made accessible, in particular to persons with
disabilities, by using appropriate means, modes and formats of communication.
CHAPTER III
Derogations and transitional provisions
Article 13
Derogations
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 and non-national Union citizens residing there who are of voting age, that
Member State may, by way of derogation from this Directive:
(a) restrict the right to vote to voters pursuant to Article 3 who have resided in that Member State for a minimum period,
which may not be longer than the term for which the representative council of the municipality is elected;
(b) restrict the right to stand as a candidate to persons entitled to stand as candidates pursuant to Article 3 who have
resided in that Member State for a minimum period, which may not be longer than twice the term for which the
representative council of the municipality is elected; and
(8) Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway
to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation
(EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1724/oj).
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(c) take appropriate measures with regard to the composition of lists of candidates to encourage in particular the
integration of non-national Union citizens.
2. The Kingdom of Belgium may, by way of derogation from the provisions of this Directive, apply the provisions of
paragraph 1, point (a), to a limited number of local government units, the list of which it shall communicate at least one
year before the local government unit elections for which it intends to invoke the derogation.
3. Where the law of a Member State prescribes that the nationals of another Member State who reside in the first
Member State have the right to vote for the national parliament of that Member State and, for that purpose, may be entered
on the electoral roll of that Member State under exactly the same conditions as national voters, the first Member State may,
by way of derogation from this Directive, refrain from applying Articles 6 to 11 in respect of such nationals.
4. 6 years after 24 June 2026 and every 6 years thereafter, the Commission shall submit to the European Parliament and
to the Council a report in which it shall check whether the grant to the Member States concerned of a derogation pursuant
to Article 22(1) TFEU is still warranted and shall propose that any necessary adjustments be made. Member States which
invoke derogations under paragraphs 1 and 2 shall furnish the Commission with all the necessary background information.
CHAPTER IV
Final provisions
Article 14
Reporting
Within 6 years of 24 June 2026 and every 6 years thereafter, the Commission shall submit a report to the European
Parliament and the Council on the application of this Directive, including on the application of Article 5(3) thereof. The
report shall contain, where available, statistical data on the participation in municipal elections of voters pursuant to
Article 3 and persons entitled to stand as candidates pursuant to Article 3 and a summary of measures taken in that regard.
Member States shall make best efforts to support the Commission by providing the available information.
Article 15
Evaluation
Within 10 years of 24 June 2026, the Commission shall assess the application of this Directive and produce an evaluation
report on the progress towards achievement of the objectives contained herein.
Article 16
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 2(2) shall be conferred on the Commission for an
indeterminate period of time from 24 June 2026.
3. The delegation of power referred to in Article 2(2) may be revoked at any time by the Council. A decision to revoke
shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following that of the
publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force.
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4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance
with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it to the Council.
6. A delegated act adopted pursuant to Article 2(2) shall enter into force only if no objection has been expressed by the
Council within a period of 2 months of notification of that act to the Council or if, before the expiry of that period, the
Council has informed the Commission that it will not object. That period shall be extended by 2 months at the initiative of
the Council.
7. The European Parliament shall be informed of the adoption of delegated acts by the Commission, of any objection
formulated to them, or of the revocation of the delegation of powers by the Council.
Article 17
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with
Article 8(2), (3) and (4), Articles 9 and 10, Article 11(1) and (3), Articles 12 and 14 and Annex I by 25 June 2028. They
shall immediately communicate the text of those measures to the Commission.
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such
a reference on the occasion of their official publication. They shall also include a statement that references in existing laws,
regulations and administrative provisions to the Directive(s) repealed by this Directive shall be construed as references to
this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in
the field covered by this Directive.
Article 18
Repeal
Directive 94/80/EC, as amended by the acts listed in Annex II, Part A, is repealed with effect from 26 June 2028, without
prejudice to the obligations of the Member States relating to the time limits for the transposition into national law of the
Directives set out in Annex II, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with
the correlation table in Annex III.
Article 19
Entry into force and application
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Articles 1 to 7, 8(1), 11(2) and 13 shall apply from 26 June 2028.
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Article 20
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 26 May 2026.
For the Council
The President
M. RAOUNA
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ANNEX I
‘Basic local government unit’ within the meaning of Article 2(1), point (a), of this Directive means any of the following:
— in Belgium: commune/gemeente/Gemeinde, conseil de district/districtsraad/Distriktrat,
— in Bulgaria: община/кметство/Общината е основната административно-териториална единица, в която се осъществява
местното самоуправление,
— in the Czech Republic: obec, městský obvod nebo městská část územně členěného statutárního města, městská část
hlavního města Prahy,
— in Denmark: kommune, region,
— in Germany: kreisfreie Stadt bzw. Stadtkreis; Kreis; Gemeinde, Bezirk in der Freien und Hansestadt Hamburg und im
Land Berlin; Stadtgemeinde Bremen in der Freien Hansestadt Bremen, Stadt-, Gemeinde-, oder Ortsbezirke bzw.
Ortschaften,
— in Estonia: vald, linn,
— in Ireland: counties, cities, and cities and counties,
— in Greece: δήμος, δημοτική κοινότητα,
— in Spain: municipio, entidad de ámbito territorial inferior al municipal,
— in France: commune, arrondissement dans les villes déterminées par la législation interne, section de commune,
— in Croatia: općina, grad, županija,
— in Italy: comune, circoscrizione,
— in Cyprus: δήμος, κοινότητα,
— in Latvia: novads, valstspilsēta,
— in Lithuania: Savivaldybė,
— in Luxembourg: commune,
— in Hungary: települési önkormányzat, területi önkormányzat, fővárosi önkormányzat,
— in Malta: Kunsill Lokali,
— in the Netherlands: gemeente,
— in Austria: Gemeinden, Bezirke in der Stadt Wien,
— in Poland: gmina,
— in Portugal: município, freguesia,
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— in Romania: comuna, orașul, municipiul, sectorul (numai în municipiul București) și județul,
— in Slovenia: občina,
— in Slovakia: samospráva obce: obec, mesto, hlavné mesto Slovenskej republiky Bratislava, mesto Košice, mestská časť
hlavného mesta Slovenskej republiky Bratislavy, mestská časť mesta Košice; samospráva vyššieho územného celku:
samosprávny kraj,
— in Finland: kunta, kommun, kommun på Åland, aluevaalit,
— in Sweden: kommuner, regioner.
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ANNEX II
PART A
Repealed Directive with list of the successive amendments thereto
(referred to in Article 17)
Council Directive 94/80/EC
(OJ L 368, 31.12.1994, p. 38)
Council Directive 2006/106/EC
(OJ L 363, 20.12.2006, p. 409)
Council Directive 2013/19/EU
(OJ L 158, 10.6.2013, p. 231)
PART B
Time-limits for transposition into national law
(referred to in Article 17)
Directive Time-limit for transposition
Council Directive 94/80/EC 1 January 1996
Council Directive 2006/106/EC 1 January 2007
Council Directive 2013/19/EU 1 July 2013
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ANNEX III
Correlation table
Directive 94/80/EC This Directive
Article 1 Article 1
Article 2(1) Article 2(1)
Article 2(2) Article 2(2), first subparagraph
— Article 2(2), second subparagraph
Articles 3 to 7 Articles 3 to 7
Article 8(1), (2) and (3) Article 8(1), (2) and (3)
— Article 8(4) and (5)
Article 9(1) Article 9(1)
Article 9(2) Article 9(2)
— Article 9(3)
— Article 10
Article 10(1) Article 11(1)
Article 10(2) Article 11(2)
— Article 11(3)
Article 11 Article 12(1)
— Article 12(2)
— Article 12(3)
— Article 12(4)
Article 12 Article 13
Article 13 Article 14
— Article 15
— Article 16
Article 14 Article 17
— Article 18
Article 15 Article 19
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Directive 94/80/EC This Directive
Article 16 Article 20
Annex Annex I
— Annexes II and III
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