FUTURE IMPACT OF DIRECTIVE 94/80/EU ON LOCAL ELECTIONS IN UKRAINE

Authors

DOI:

https://doi.org/10.17721/1728-2195/2025/1.129-11

Keywords:

eurointegration, European Union legislation, election law, local elections

Abstract

Background. Due to Ukraine's accession to the European Union, is necessary to harmonize its constitutional, legal and regulatory framework and practice with the EU norms on the right to vote and stand for local elections for EU citizens residing in Ukraine. The study of the provisions of Directive 94/80/EC will make it possible to predict changes to the Electoral Code of Ukraine to harmonize the legislation. 
Methods. The study is based on the application of the formal logical method to identify the advantages and disadvantages of legal regulation of local elections in the European Union and the comparative legal method to study the provisions of the current national legislation and the legislation of the European Union Member State regulating local elections.  
Results. The author establishes that Directive 94/80/EC is the main legal act of the European Union which grants every citizen of the European Union the right to vote and stand for election in local elections. The author analyzes the articles of Directive 94/80/EC, their positive and negative impact on the national legislation of the EU Member States, as well as possible amendments to it that may occur before Ukraine joins the European Union. The author gives an example and analyzes the electoral legislation of Bulgaria as a member state of the European Union, which is harmonized with the provisions of Directive 94/80/EC. The author also suggests the changes that should be made to the Electoral Code of Ukraine in order to harmonize the national electoral legislation with the provisions of Directive 94/80/EC. 
Conclusions. It is determined that the electoral legislation of Ukraine is currently not harmonized with the provisions of Directive 94/80/EC and certain provisions of Directive 94/80/EC are identified which may be the most problematic for implementation in domestic legislation.   

References

Cabinet of Ministers of Ukraine. (2012). On Approval of the Procedure for Registration, Production and Issuance of Permanent Residence Permit and Temporary Residence Permit and Technical Description of their Forms and Amendments to the Resolution of the Cabinet of Ministers of Ukraine of 26 December 2002 No. 1983. Resolution of 28.03.2012 No. 251 [in Ukrainian]. https://zakon.rada.gov.ua/rada/show/251-2012-п#Text

Central Electoral Commission of the Republic of Bulgaria. (2013). Bulgaria Election Code. https://www.cik.bg/en/laws.

Christopoulos, D. (2021). Report on political participation of Mobile citizens: Greece. European University Institute. https://cadmus.eui.eu/bitstream/handle/1814/72702/RSCAS_GLOBALCIT_PP_2021_9.pdf?seq

Ćorić, V., & Rabrenović, A. (2024). How to ensure free and fair elections in the EU and beyond: a need for rule of law, democracy and human rights principles to stand together. EU at the Crossroads – Ways to Preserve

Democracy and Rule of Law (p. 980). https://hrcak.srce.hr/ojs/index.php/eclic/article/view/32311.

Electoral rights of mobile Union citizens in municipal elections. (2023).

Revision of Council Directive 94/80/EC: Briefing. https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2023)739301

European Commission. (2018). Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the regions on the application of Directive 94/80/EC on the right to vote and to stand as a candidate in municipal elections.

https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:52018DC0044.

European Council. (1976). Act concerning the election of the members of the European Parliament by direct universal suffrage. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01976X1008(01)-20020923.

European Council. (1994). 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. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0080-20130701.

Government Office for Coordination of European and Euro-Atlantic Integration. (2025). Ukraine is preparing three Roadmaps to join the EU: what do these documents envisage and why are they important [in Ukrainian]. https://eu-ua.kmu.gov.ua/news/ukrayina-gotuye-try-dorozhni-karty-v-mezhah/ -vstupu-do-yes-shho-peredbachayut-tsi-dokumenty-i-chomu-vony-vazhlyvi/

Hutcheson, D. S., & Ostling A. (2021). Comparative overview of the obstacles to political participation. European University Institute. https://cadmus.eui.eu/bitstream/handle/1814/71158/RSCAS_GLOBALCIT_/PP_2021_1.pdf?sequence=1&isAllowed=y

Kornienko, V.(2021). European Electoral Standards and Constitutional and Legal Regulation of Local Elections in Ukraine [Doctoral Dissertation]. National University "Odesa Law Academy" [in Ukrainian]. https://dspace.onua.edu.ua/items/65186a0c-a9e5-42b1-a3e5-16bc6518c050.

Sarakuca М. (2014). Some aspects of realization of political rights of citizens of the European Union. Law and Society, 1, 42–47 [in Ukrainian]. http://pravoisuspilstvo.org.ua/archive/2014/1_2014/09.pdf

Verkhovna Rada of Ukraine. (2010). Treaty on the functioning of the European Union and The Treaty on the European Union (1992, 1957) [in Ukrainian]. https://zakon.rada.gov.ua/rada/show/994_b06#Text.

Verkhovna Rada of Ukraine. (2011). On the Legal Status of Foreigners and Stateless Persons. Law of Ukraine of 22.09.2011 No. 3773-VI) [in Ukrainian]. https://zakon.rada.gov.ua/rada/show/3773-17#Text.

Verkhovna Rada of Ukraine. (2019). Election Code of Ukraine. Law of Ukraine dated 19.12.2019 №396-IX [in Ukrainian]. https://zakon.rada.gov.ua/laws/show/396-20#Text.

Vintila, D., Lafleur, J.-M., & Nikolic, L. (2021). Report on political participation of Mobile citizens: Belgium. European University Institute. https://www.researchgate.net/publication/354809353_Report_on_Political_P/articipation_of_Mobile_EU_Citizens_Belgium.

Walley М. (2023). EU election law and Ukraine's obligations. Version 1. IFES in Ukraine [in Ukrainian]. https://www.ifesukraine.org/wp-content/uploads/2024/01/zakonodavstvo-eu-pro-vybory-ta-zabovyazannia-ukrainy.pdf.

Additional Files

Published

13.06.2025

How to Cite

FUTURE IMPACT OF DIRECTIVE 94/80/EU ON LOCAL ELECTIONS IN UKRAINE. (2025). Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, 129(1), 62-68. https://doi.org/10.17721/1728-2195/2025/1.129-11

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