Author: Lisa Desjardins
On 10 June, the ECIT Foundation brought together citizens, activists, and legal experts for an informal round table, to discuss a growing “democratic void” in the European Union: the fact that up to 10 million mobile EU citizens risk being stripped of their voice in the 2029 European Parliament elections. The discussion focused on both the legal and strategic dimensions of this democratic deficit, with the objective of advancing coordinated action at EU level through a formal complaint letter to the European Commission.
Here are the three major legal and strategic takeaways from our discussion.
1. Disenfranchisement is Both Legal and Bureaucratic
A major focus of the round table was analyzing the two distinct ways mobile citizens are locked out of the democratic process:
De Jure (By Law): This is the formal, legal stripping of voting rights enforced by eight Member States (including Bulgaria, Ireland, and Slovakia) when a citizen lives abroad for too long or fails to meet strict habitual residence criteria.
De Facto (In Practice): Even when a country legally “allows” its expats to vote, administrative inefficiencies create insurmountable hurdles. Participants highlighted burdensome registration procedures and systematic failures in postal voting systems. A prime example is Germany, which lacks a centralized voter registry, meaning citizens living abroad must independently track down and coordinate with localized municipal offices just to receive their ballots.
2. Choosing the CJEU Over the ECtHR: A Strategic Legal Shift
When fighting disenfranchisement, civil rights cases have historically been steered toward the European Court of Human Rights (ECtHR) in Strasbourg. However, a significant portion of our round table was dedicated to exploring different legal pathway: the Court of Justice of the European Union (CJEU) in Luxembourg.
By anchoring our upcoming formal complaint within the framework of EU law, we are sending a direct message to the European Commission. Recent CJEU judgments have consistently reinforced that EU citizenship is a fundamental, primary status. Disenfranchising mobile citizens directly violates their right to free movement and breaches the principle of “sincere cooperation” between Member States and EU institutions. With this strategic shift we are demanding the enforcement of EU treaty rights for all EU citizens.
3. Building a Coalition for 2029
Legal arguments are only as strong as the political will behind them. The final segment of the meeting focused on the importance of strengthening advocacy efforts. Participants collectively brainstormed strategies to expand civil society and NGO involvement, reach and gather signatures from affected citizens, and directly engage Members of the European Parliament (MEPs), with the aim of increasing the institutional and political impact of the complaint.
The June 10 round table was the foundation. Now, it is time to build the structure.
The Next Step: Join Us This Friday in Brussels!
The insights gathered from this round table have been channeled directly into our formal letter of complaint to the European Commission. This Friday, we officially launch the collective campaign and here is how you can get involved:
Read & Support Our Complaint: We are releasing a formal letter of complaint to the European Commission targeting disenfranchisement practices in European elections. Read the letter HERE.
Attend the Launch Event: Join us this Friday, June 26, 1-3 PM at the Brussels Press Club, where we are bringing together affected individuals and allies to back this collective action. Register for the event HERE.
Share Your Experience: Whether you have been completely disenfranchised or have simply faced frustrating bureaucratic hurdles while trying to access your voting rights, your story matters. Please take a few minutes to fill out our questionnaire HERE.