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CHAPTER V
CITIZENS' RIGHTS
Article 39
Right to vote and to stand as a candidate at elections to the European Parliament
- Every citizen of the Union has the right to vote and to stand
as a candidate at elections to the European Parliament in the
Member State in which he or she resides, under the same conditions
as nationals of that State.
- Members of the European Parliament shall be elected by direct
universal suffrage in a free and secret ballot.
Article 40
Right to vote and to stand as a candidate at municipal elections
Every citizen of the Union has the right to vote and to stand
as a candidate at municipal elections in the Member State in which
he or she resides under the same conditions as nationals of that
State.
Article 41
Right to good administration
- Every person has the right to have his or her affairs handled
impartially, fairly and within a reasonable time by the institutions
and bodies of the Union.
- This right includes:
- the right of every person to be heard, before any individual
measure which would affect him or her adversely is taken;
- the right of every person to have access to his or her file,
while respecting the legitimate interests of confidentiality
and of professional and business secrecy;
- the obligation of the administration to give reasons for its
decisions.
- Every person has the right to have the Community make good any
damage caused by its institutions or by its servants in the performance
of their duties, in accordance with the general principles common
to the laws of the Member States.
- Every person may write to the institutions of the Union in one
of the languages of the Treaties and must have an answer in the
same language.
Article 42
Right of access to documents
Any citizen of the Union, and any natural or legal person residing
or having its registered office in a Member State, has a right of
access to European Parliament, Council and Commission documents.
Article 43
Ombudsman
Any citizen of the Union and any natural or legal person residing
or having its registered office in a Member State has the right
to refer to the Ombudsman of the Union cases of maladministration
in the activities of the Community institutions or bodies, with
the exception of the Court of Justice and the Court of First Instance
acting in their judicial role.
Article 44
Right to petition
Any citizen of the Union and any natural or legal person residing
or having its registered office in a Member State has the right
to petition the European Parliament.
Article 45
Freedom of movement and of residence
- Every citizen of the Union has the right to move and reside
freely within the territory of the Member States.
- Freedom of movement and residence may be granted, in accordance
with the Treaty establishing the European Community, to nationals
of third countries legally resident in the territory of a Member
State.
Article 46
Diplomatic and consular protection
Every citizen of the Union shall, in the territory of a third
country in which the Member State of which he or she is a national
is not represented, be entitled to protection by the diplomatic
or consular authorities of any Member State, on the same conditions
as the nationals of that Member State.
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