This proposal for a directive lays down the 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, as recognised in Article 8 B 1 of the Treaty on European Union. Specifically, in order to have the right to vote and to stand as a candidate, citizens of the Union should simply satisfy the same conditions as those imposed by the host Member State on its own nationals. In particular, they must be subject to the same conditions relating to residence, the fact that it is impossible to vote and be elected in more than one district, the exercise and forfeiture of civil rights (e.g. following a criminal conviction), incompatibilities and the holding of several posts. Similarly, exercising the right to vote and to stand as a candidate should comply with the rules affecting nationals: inclusion on the electoral lists, application to stand as a candidate etc.
By way of derogation, Member States where the proportion of citizens of the Union who reside in it but are not nationals of it exceeds 20% on 1 January 1996 (e.g. Luxembourg) will be able to:
- restrict the right to vote and to stand as a candidate to citizens of the Union who have resided in that state for a minimum period, which should not be longer than the term for which the representative is elected for voters and twice the term for those standing as candidates;
- take appropriate measures with regard to the composition of lists of candidates to encourage in particular the integration of citizens of the Union who are nationals of another Member State. �