H. E. Mr. Neils Pultz:

I thank the committee for the invitation to appear alongside my good friends from other member states to discuss this important issue. Our position is clear and positive but there is a clear limit as to what we can do to accommodate the views contained in the Commission's guidance dated 29 January 2014.

The Danish Government agrees with the Commission that freedom of movement for citizens is a fundamental right in the European Union. To vote at general elections in Denmark, however, a person must have permanent residence in the Kingdom of Denmark. This is stated in the Constitutional Act of Denmark. This requirement implies that Danes living abroad must have maintained a special connection or attachment to the kingdom to be considered as having a permanent residence in the constitutional sense. Such special connection or attachment is seen to be fulfilled by people living abroad temporarily who intend to return to Denmark within two years. Furthermore, it applies to Danish diplomats and military personnel in missions in which Denmark participates. It also applies to people living temporarily abroad, for example, working for an international organisation of which Denmark is a member, working for a Danish company or relief organisation, people living abroad while studying or those abroad on health grounds.

Amendment of the Constitutional Act of Denmark would necessitate a comprehensive and time-consuming procedure as well as fundamental political considerations. The last amendment to the Danish Constitution was passed in 1953. The question of how the Constitutional Act of Denmark is interpreted in respect of Danish expatriates' right to vote was thoroughly examined in 2003-04 by a committee of independent experts in constitutional law. On the basis of their report it became clear that the constitution does not allow for the further extension of Danish expatriates' right to vote on the basis of the current rules. For example, it is not possible to extend in general terms the timeframe for living outside Denmark beyond the period of two years to which I have referred while maintaining the right to vote. That is the Danish position on this important matter. I shall be happy to answer any questions that members of the joint committee may have to the best of my ability.