No L 368/38 Official Journal of the European Communities 31. 12. 94 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 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 8b (1) thereof, Having regard to the proposal_' ftom the Commission, Having regard to the opinion of the European Parliament (1), - : Havmg regard to the opinion of the Economic and Social Committee 3, Having regard to the opinion of the Commlttce of thc Regxons ), . Whereas the Treaty on European Union marks a new - stage in the process of creating an ever-closer union among the peoples of Europe; whereas one of the Union’s “tasks is to organize, in a manner demonstrating consistency and solidarity, relations between the peoples of the Member States; whereas its fundamental objectives include a strengthening of the protection of the rights and interests of the nationals of its Member States through the introduction of a citizenship of the Union; Whereas to that end Title I of the Treaty on European Union introduces a citizenship of the Union for all nationals of the Member States and confers on such nationals on that basis a number of rights; ' Whereas the right to vote and to stand as a candidate in municipal elections in the Member State of residerice, embodiéd in Article 8b (1) of the Treaty establishing the European Community, is an instance of the application of the principle of equality and non-discrimination between nationals and non-nationals and a corollary of - the right to move and res1de freely enshrined in Article 8a of that Treaty; BN Whereas 'application of Article 8b (1) does not presuppose complete harmonization of Member States’ electoral systems; whereas the aim of that provision is essentially to abolish “the nationality requirement to ‘which most Member States currently make the exercise of the right to vote and to stand as a candidate subject; whereas, moreover, to take account of the principle of (1) OJ No C 323, 21. 11. 1994 ?) Oplmon dellvered on 14 September 1994 (not yet publlshed in the Official Journal). ) Opuuon delivered on 28 September 1994 (not yet published - in the Official Journal). - B propomonailty sét out in the third paragraph of Article 3b of the Treaty, the content of Community legislation in this sphere must not go beyond what is necessary to achieve the objective of Article 8b(1) of the Treaty; Whereas the purpose of Article 8b (1) is to ensure that all citizens of the Union, whether or not they are nationals of the Member State in which they reside, can exercise in that State their right-to vote and to stand as candidates in municipal elections under the same conditions; whereas the conditions applying to non-nationals, including those relating to period and proof of residence, should therefore be identical to those, if any, applying to nationals of the Member State concerned; whereas non-nationals must not be required to fulfil any special conditions unless, exceptionally, different treatment of nationals and non-nationals is justified by circumstances specific to the latter dnstmgulshmg them from the former, 1 Whereas Article 8b(1) of the Treaty recognizes the right to vote and to stand as a candidate in municipal elections "in.the Member State of residence, without actually substituting it for the right to vote and to stand as a candidate in the Member State of which the Union citizen - is a national; whereas the freedom of Union citizens to choose whether or not to take part in municipal elections in the Member State in which they reside must be respected; whereas it is appropriate that those citizens may express their wish to exercise their right to vote . there; whereas provision may be made for those citizens to be registered automatically on the electoral roll in those Member States where voting is not compulsory; Whereas the way in which local government operates in the different Member States is a reflection of different political and legal traditions and is characterized by an abundance of structures; whereas the term ‘municipal election’ does not mean the same thing in every Member State; whereas the object of this Directive must therefore be clarified by defining the term; whereas municipal elections are elections by direct universal suffrage at the level of basic local government units and their subdivisions; whereas the term covers elections by direct universal suffrage both to representative councils of - municipalities and of members of a municipal executive; Whereas disqualification may be ordered by an individual . decision of the authorities either of the Member State of