Proposition 54K2032

Projet de loi modifiant le Code électoral et la loi du 23 mars 1989 relative à l'élection du Parlement européen.

General information ¶

Submitted by

MR Swedish coalition

Submission date

Sept. 13, 2016

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

European election administrative formalities electoral law national right to vote election

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP DéFI ∉ Open Vld N-VA LDD MR PVDA | PTB PP

Abstained from voting

VB

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Discussion ¶

Oct. 20, 2016 | Plenary session (Chamber of representatives)

Full source

Ms. Katja Gabriëls, rapporteur, refers to her written report.

Mr. Speaker, Mr. Minister, dear colleagues, for my group, the defence of the rights of Belgians abroad is a long-standing, sincere concern, which is valid not only at the time of the elections, which is ⁇ an important moment in the exercise of citizenship, but not the only; I will return to it.

The project we are examining today looks at the voting of Belgians residing abroad. It pursues two objectives: to simplify the electoral procedure for Belgians residing abroad when electing the House of Representatives, and to extend the right to vote for the elections to the European Parliament to all Belgians residing abroad, including those residing outside the European Union. This right is currently limited to Belgians residing in a Member State of the European Union.

My group voted for this draft in the committee and will do the same today in the plenary session. As we said in the Committee on the Interior, we supported this project because it expands the access of Belgians abroad to their right to vote at the federal level, it strengthens the principle of compulsory voting for all Belgians, and from a pragmatic point of view, it allows to clear the municipalities of a real administrative puzzle.

We will therefore support it, despite some weaknesses that we have highlighted in the committee and that need to be corrected. Indeed, what about the equality of Belgians before the right to vote, when this majority reduces the grid of our consular network? What about the questions raised in the committee, in particular concerning the criteria of attachment to one or another Belgian municipality, and therefore to one or another electoral district, especially since the last state reform had opted for the municipality of the last residence? What about those Belgians who do not register on the consular lists?

The proposal was approved unanimously in the committee, and this is normal. Normal because it is related to the importance of the effective voting right of the Belgians, at the level of power having a direct link with their daily life as an expatriate.

This is the case for the European level, through the security and defence policy, the European diplomacy, the services rendered by the diplomatic and consular representations of each Member State, etc., and, for the federal level, through the civil status, our positions in matters of diplomacy and defence, the consular services and many other things.

My group is thus convinced that despite the physical distance, the Belgians who reside abroad maintain a very strong affective bond with our country. They contribute in particular to promote the image of Belgium in the world and help to weave ties of friendship and solidarity with other states. This role and loyalty is important and deserves special attention from the Belgian State and, of course, from our assembly.

However, the practice and recommendations we receive from their representative organisations have demonstrated that Belgians residing abroad sometimes encounter certain situations or specific problems in their relations with the Belgian Federal State and its administration which call for an ad hoc political response and to which the House is best placed to respond and ensure political relay and control.

We have therefore taken several parliamentary initiatives in this regard, such as our proposal for the revision of the Rules of the House of Representatives with a view to establishing a federal opinion committee on matters relating to Belgians residing abroad and our proposal for a law amending the Code of Belgian Citizenship with regard to the conservative declaration of Belgian citizenship.

Although these proposals largely matched the expectations formulated by the representative organizations of our fellow citizens residing abroad and even those of the Minister of Foreign Affairs, they were both rejected with a reverse of the hand by the current majority, this same majority where the MR nevertheless congratulated itself in a press release to welcome this project, obviously omitting to recall its opposition to other texts debated here even a few months ago.

Nevertheless, we do not lower our arms. We have decided to take a new initiative, by submitting a proposal for the revision of the Constitution aimed at creating an electoral district allowing the representation of Belgians residing abroad.

Such a constituency should enable our compatriots to elect representatives who are able to convey their concerns in Parliament and to report to them on their balances and programmes during national scrutiny. Such a constituency already exists in other Member States.

This proposal, submitted during the previous legislature, is still relevant and will allow, despite the distance, that the Belgians who reside abroad maintain a strong political bond with our country. Hopefully, this time it will be supported by all the elected members of our assembly. I hope that this text will not experience the same end of non-receiving that the two previous majorities had opposed to it. One can take positions of absolute defenders of the Belgians abroad without systematically omitting the texts of the opposition.

Mr. Speaker, Mr. Minister, Mr. Colleagues, I am pleased that with the present bill we will be able to better accommodate the facts of modern times. People no longer work under the church tower and not necessarily in their own country. We can easily travel and work abroad, sometimes for a long time.

For voting rights, we actually remained a bit stuck in the old processes. In order to vote, people with Belgian nationality had to be registered in a Belgian municipality.

The European Economic and Political Integration Project has brought about the first changes. In 1998, the law was amended by giving Belgians abroad the right to vote for the election of the federal legislative chambers. With the bill that is now presented, we are eliminating the first discrimination that exists in the elections to the European Parliament.

The draft law therefore provides for some adjustments, so that the Belgian voter abroad can join a Belgian municipality, this in analogy with the current arrangement for the elections of the Chamber of People’s Representatives.

Why an attachment and not an inscription? There are several practical reasons for this, including that some Belgians have never lived on Belgian territory, for example children of persons who have long-term occupational residency abroad. There is also the cascading possibility of attachment to a municipality. However, with the registration we also know a number of additional complications and problems. I think of the registration that immediately calls for a tax obligation. We also have the inscription that needs to be checked and when not found one is not domesticated. These are all practical objections that need to be eliminated.

In addition, the draft law takes into account European legislation. In doing so, we also ensure the implementation of a number of administrative simplifications, including the fact that the municipalities and the governor will have less unnecessary administrative work.

In addition, a simplification of the communication with the consular post is also provided.

That administrative simplification is a permanent task for us, for the government, but in fact for all governments in this country. The intervention of the municipalities and the governors concerning Belgians abroad therefore becomes less to unnecessary. Belgians can register in the consular lists. The Riksregister transmits the consular voter lists directly and digitally. We can only welcome that this gives the possibility to choose between different modes of voting, and this is entirely on a voluntary basis.

I pointed to the figures in the Committee on Internal Affairs when discussing the draft law. The figures demonstrate the need and desire for legislative adjustments, ⁇ for the sixth adhesion criterion. The figures are as follows. At the elections of 25 May 2014, 69,5 % of Belgians residing abroad chose to vote by letter exchange. In 2014, according to the consular posts, there were 602 Belgians abroad who could not register for the electoral lists because they did not fall under the existing attachment criteria laid down in legislation at that time. This figure would even be underestimated because many Belgians who were in this case have never even contacted the consular post.

The simplification is going in the right direction for us. But maybe we should already start thinking about tomorrow and the next day. Today we vote on a first modernization; this was, indeed, colleague Crusnière, unanimously adopted in the committee, but we must not remain stuck on the hic et nunc.

On the contrary, technological developments and digitalization create challenges and solutions to problems that were previously hardly solvable, especially for votes from abroad. We may need to consider allowing certain voting operations to take place in the near future with a secure web application and with encryption, for example with the electronic identity card.

Per ⁇ this can first be done as a pilot project for voting abroad and later expanded to the home country. This includes electronic voting call, electronic voting recording and electronic control. Digitalization will reduce the administrative burden for our cities and municipalities.

Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker! Finally, today, our assembly will decide on the extension and simplification of the voting right of Belgians from abroad. Over the past ten years, the Reform Movement has submitted several texts in this direction. Seeing these proposals result in a plenary session is of course a satisfaction for us.

Mr. Crusnière tells us that the PS loves the Belgians from abroad and is a pioneer in their defence. I find that we are moving forward because this majority has been able to include, in the government agreement, the extension and simplification of the voting right of Belgians from abroad and that the Socialist Party does not participate in this majority.

( ... ) It is hard!

It is hard, but it is simply the reality. In addition, you know that at MR, we are not the kind of people who shoot the first. But when Mr. Crusnière goes up to the tribune to give us lessons in this area, it surprises us; especially, Mr. Crusnière, that the discussions in the committee have been rather serene since the different formations have advanced in the same direction. That’s why seeing you degain and shoot forces us to react, reminding us that this is a fight we’ve been fighting for a long time. If it progresses, it is because, in our opinion, it is included in the government agreement and we have been able to answer several questions about it, which we had not been able to answer with you before.

Allowing all Belgians to vote for the European elections is, as I have pointed out, a long-standing demand of the reformers.

All Belgians will have the right to express their vote and preference over European political choices. At the moment, while some have doubts about Europe, bringing Belgian citizens closer to the European project is a requirement, it makes sense. But beyond the European Parliament, it was still essential, because Europeans who have lived in Belgium since 1994, they could vote for the European Parliament, while Belgians outside the European Union still could not, more than twenty years later, vote in the European elections.

Beyond this extension, which is important, the aim of this government project is to simplify administratively and, ultimately, to facilitate the life of communes and Belgians in the context of their vote. There were some discussions in the committee, which I would not call opposition. The project aims to discharge the municipalities of an administrative burden and I think that this has been able to bring together the political groups, majority and opposition.

We believe that the right to vote guarantees and perpetuates the bond between the Belgian citizen and his country. Proof of this, 129,000 Belgian expatriates voted in 2014, compared to only 122,000 in 2007. We can see that demand is increasing. The administrative simplifications for registration, already acquired in the past, further open up the possibilities and ⁇ give even more desire to expatriate Belgians to vote on the occasion of the elections.

At the time of hyperconnectivity, the fact of living abroad does not go away. For affective, family reasons, Belgians abroad remain interested in the political issues that animate their country. It is clear in this regard that at the stage we are at, we can hope to continue to see more this link anchored between expatriates and the federal or European elections.

If on the left, like us, you like the Belgian expatriates as much, you will also have the heart to solve a problem about which we must make sure we gather together in two-thirds to give the Belgian expatriates the opportunity to vote in the regional elections. So here too, we will allow ourselves, dear friends of the left, to judge you on the piece.

As I said, the discussion in the committee seemed to me quite constructive and unanimous. It is interesting to see that in the plenary session, both have the desire to attack each other. I am a little embarrassed to hear the two political groups PS and MR argue on the back of the Belgians abroad that they apparently love so much.

In the committee, there was a debate on an amendment by my colleague Delpérée, which was also addressed constructively. Neither Mr. Ducarme nor Mr. Crusnière were present. It is interesting to see them perform today.

Ecologists, on the other hand, have always supported democratic participation and the fact of broadening its base, so that all Belgians from abroad can participate in a greater number of scrutiny.

This is what we have always defended. Not necessarily out of love for the Belgians abroad, but out of love for our representative democracy, and for it to be as representative as possible.

My group will support this text with unwavering enthusiasm. I regret somewhat the small quarrel we just witnessed. It was not about and does not represent the debates we had in the committee.

Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker, Mr. Speaker. Yes, Mr. Vanden Burre, the intentions expressed in the bill we are now analyzing seem very happy and quite timely in terms of political participation. This is a reform whose opportunity hits the eye. I hurry to say that my colleague Christian Brotcorne had already, in tempore non suspecto, submitted a proposal in this direction. We will vote on the proposal that is submitted to us.

Personally, I regret, once again, the idea that electoral law acknowledges this idea that a certain number of Belgians are not obliged, are not obliged to vote, that they must actually register to vote, and if they register, they are then obliged to do so. As if the Constitution rested on this idea: voting is mandatory, but only for those who have registered to do so. This is an idea that I dislike, I would say sovereignly, and that I do not want to see spread, even suddenly, in our legislative texts.

Mr. Vanden Burre said: the committee debates were very consensual, even unanimous for all proposals, and quite constructive. In particular, we worked on issues not necessarily of the big politics, but on very technical issues, such as the connection of the Belgian from abroad to one or the other constituency.

An important element of the project is that it provides a residual category. If there is no set of criteria, there is a solution, which is a vote in the Brussels constituency.

But one criterion is problematic, that is Article 180, paragraph 1, 4°. Mr. Minister, we have talked about this. It is the reference to the Belgian municipality in which the husband, wife, previous husband, previous wife, or the partner in a registered cohabitation, is registered or has been registered in the population register.

Our colleague Mrs. Becq said: “This formulation is still very curious. This does not comply in any way with the provisions of the Civil Code. We use other words, other terms, we refer to much more precise legal situations than these vague formulations. I don’t see why public law should contradict civil law.”

Then, not on the level of family law, I asked myself the following question: what is the link between this criterion, spouse-husband, divorced-not divorced, separated by fact or by law, partner, what is the link with the operation and the electoral process? In the committee, Mr. Minister, you said: "Remember, I will propose you solutions in the plenary session." If I understood correctly, you will tell us that you will remove the quarter from the list of criteria. At least that is what I hope to hear from your mouth now.

Mr. Speaker, Mr. Minister, the layout of this bill is undoubtedly positive. There are a lot of good things in it.

A first element, if one eases the procedure for preparing the elections, it will be at least a good thing for efficiency and it will relieve the municipalities of a lot of work.

A second positive element is that the number of voting compatriots is extended, not only to those living in another European Member State, but to all Belgians abroad. As a Democrat, I can only welcome that. It is not more than logical that the same criteria are applied that already apply to the House Elections today.

However, I have doubts about the attachment criteria, in particular the easing that is used therein. The first choice, the criterion of last enrollment, is relaxed to the congregation where the person was once enrolled.

Evidence processing is relaxed. Sometimes it is even enough to give a statement on honor. There is even a category added for those who have the nationality but have no connection with a municipality, and such a connection cannot be demonstrated even after the easing; that person can also be registered and can be automatically linked as a voter to Brussels.

I wonder what the consequences will be. If I look at the figures of the number of Belgians abroad and the language roles, I suspect that nine chances out of ten will be the result that the French-speaking percentage will get a lot more voters in Brussels.

That’s an evolution that I don’t like to see happening, so when it comes to those attachment criteria, I follow my predecessor. There must still be encrypted, because otherwise we are forced to refrain from this design.

I would like to speak for a moment on behalf of my group to support you and the draft. That is obvious.

It is strange, of course, that we have waited so long to grant full voting rights to Belgians abroad. There have indeed been some political motives. I can testify to that.

I would like to congratulate you on continuing this. I would like to point out one aspect that is important to us. With regard to administrative simplification, steps have been taken, but we could take another step, in particular voting over the internet.

When I was in the Senate in 2000, the first bill I ever submitted was about voting over the internet.

At that time it was revolutionary and indisputable, but in the meantime it exists in several countries, including Estonia, where people can even vote via the mobile phone. Certainly for Belgians abroad that would be a solution because one must move now, with all the costs associated with that. There are systems that ensure that voting secrecy is respected.

I have understood that the project is being further examined in the government, including with your consent and that of the Minister of Digital Agenda. Do you think it is realistic that this can be realized for Belgians abroad before the next elections of 2019?

First and foremost, I would like to agree with the words of Mr Vanden Burre. I would also like to thank the members, who have been involved in the discussions in the committee, for the serene atmosphere during the debates on something that should have been arranged for a while.

Many of the things that were said here have already been discussed in the committee. I would like to address three other points: electronic voting, voting right and voting duty, and the conscious fourth criterion.

We discussed the fourth criterion in commission but we have not yet concluded.

With regard to electronic voting, the Foreign Affairs, Home Affairs and Digital Agenda services are investigating whether we can still introduce i-voting for 2019. That is the ambition and purpose. We are looking at whether we can take over a system existing in the EU without having to reinvent hot water ourselves. The Swiss system, for example, seems to us adequate. It is to be examined to what extent a secure access can be provided for all Belgians abroad, via the eID or a token, but I hope through the eID.

You understand that we will not introduce that system until we are 100% sure and have guarantees in terms of secure access, the security of data and votes, and in terms of the capacity and correctness of the system. You are right, Mr. Van Quickenborne, electronic voting systems are already being applied in other European countries. Why could we not realize this? That is our ambition in this regard.

As regards the mandatory character of voting, I refer to the State Council, which validated this voting obligation for Belgians from abroad. The State Council’s reasoning on this subject is contained in its opinion of 2 May 2012. In this opinion, the State Council indicates why the fact of registering on a list is not contrary to the Constitution.

Finally, there is the conscious fourth criterion. It is true that I said in the Committee on Home Affairs that I would consider this again with the majority parties. We did this on October 10th. I was able to conclude that all majority parties remain committed to ⁇ ining the fourth criterion. I will also explain why.

This fourth criterion was inserted following the experience we had in 2014 when registering Belgians from abroad on electoral lists. Several of them could not be registered there on the basis of the criteria for attachment to a Belgian municipality, defined by the law of 2012. Among them are Belgians who acquired nationality through their marriage, but without any other connection with Belgium. I think, for example, of a lady of French nationality who never lived with us who married in France a Belgian and later became Belgian by marriage. In other words, the only link that this person has with Belgium is her husband, who may have become her ex-husband in the meantime.

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Or maybe ! I don’t hope, but you never know.

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We were entitled to all the comments. Can I continue now?

Yes you continue.

I thank you.

Therefore, the attachment to the Belgian municipality of this husband appears to be objective. Without such a criterion, people would fall under the last criterion.

However, we must not confuse the criterion of attachment with the way in which these persons acquired nationality. This is stipulated in the nationality legislation. In terms of electoral legislation, one is faced with a Belgian who is eligible to vote, because he is registered in the consular registers and has the age of eighteen. However, since the person concerned has never resided in Belgium, the only bond is that of any former spouse or partner.

Even if the relationship with the partner is broken, for example after a divorce, the person in question remains Belgian. For example, it could be proposed as follows. A person who has become Belgian through his or her partner, but whose partner has died, might prefer emotionally, to keep the memory of his or her partner alive, to assign his or her voice to the municipality with which the deceased partner had a connection. If we had not introduced the fourth criterion — it is always with exclusion — that person would also fall under the sixth criterion.

Mrs. Pas, I can reassure you. When we didn’t have all these criteria, we talked about 600 people. These criteria will further drastically reduce the number that falls under the sixth criterion and we are out of numbers that can in no way disturb the language balances or the political balances in the capital or in the Brussels Region.

Here, Mr. President, I think I have answered all the questions. I thank the Chamber for its support.

Mr. Speaker, I regret that the Minister uses legal categories, such as the partnership he just talked about right now. It is included in the text of the law, it is not a criterion in the sense, in particular, of the civil law. Why not refer to specific provisions such as, for example, articles untel to untel of the Civil Code, chapter untel, title untel? It would be very easy on a legal level and it would avoid any unnecessary discussion.