Electoral Rights for Foreign Nationals: a Comparative Overview of Regulations in 36 Countries

Electoral rights for foreign nationals: a comparative overview of regulations in 36 countries

Harald Waldrauch European Centre for Social Welfare Policy and Research Berggasse 17, A-1090 Vienna / Austria

National Europe Centre Paper No. 73

Paper presented to conference entitled The Challenges of Immigration and Integration in the European Union and Australia, 18-20 February 2003, University of Sydney

2 Abstract After balancing the arguments in favour and against voting rights for foreigners, the article reviews non-citizens’ rights to vote and to stand as candidates in local, regional and national elections in 32 European and four non-European countries. Questions addressed are: When, if at all, were non-citizens given these rights for the first time in these countries? What are the conditions foreign nationals have to meet in addition to those of citizens of the respective country in order to be allowed to vote and be elected? Are these rights granted to citizens of certain foreign countries only? Are foreigners excluded from being elected into particular functions? And finally, with respect to countries excluding non-citizens from elections: Would the constitution have to be amended before non-citizens could be granted the right to vote?

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Introduction1 In this paper I would like to give an overview of regulations concerning the rights of foreign nationals2 to vote, be elected and hold offices (incl. indirect election or appointment into public offices) in 36 states: • EU-countries: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, and the United Kingdom • Prospective EU-member countries: Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, and Slovenia • Other European countries: Iceland, Liechtenstein, Norway, Russia, and Switzerland • Traditional immigration countries: Australia, Canada, New Zealand, and the...