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REPORT (2025/2028(INI))

On the reform of the European Electoral Act – hurdles to ratification and implementation in the Member States

A-10-2025-0252

Committee on Constitutional Affairs · Rapporteur: Borja Giménez Larraz

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This report on the reform of the European Electoral Act examines the hurdles to ratification and implementation of Council Decision 2018/994, which is not yet in force because Spain has not ratified it. It concludes that the Decision's impact has been limited, as most mandatory measures were already in place and optional measures were largely not transposed. It calls on Member States to implement optional measures, harmonise deadlines, ensure accessibility, and urges the remaining Member State to ratify.

Committee position. The Committee on Constitutional Affairs proposes a resolution that calls on Member States to implement optional measures, harmonise electoral deadlines, ensure accessibility, and urges Spain to ratify Council Decision 2018/994.

Key points

  1. Council Decision 2018/994 is not in force because Spain has not ratified it; Germany has ratified but cannot apply the 2% threshold until it enters into force.
  2. Most mandatory measures in the Decision were already implemented by Member States, but optional measures were largely not transposed, limiting its impact.
  3. The report calls on all Member States to implement optional measures, especially enhancing visibility of European political parties on ballot papers.
  4. It stresses the need to harmonise deadlines for finalising electoral lists, which currently range from 21 to 90 days.
  5. It calls for ensuring accessibility for persons with disabilities and for postal voting to be guaranteed in all Member States.
  6. It notes unresolved issues for dual EU citizens who may be automatically registered on electoral rolls in more than one Member State.
  7. It welcomes Parliament's initiative to introduce proxy voting for maternity leave.
  8. It urges the remaining Member State to start the ratification procedure and calls for interinstitutional negotiations on the 2022 proposal.

Who is affected

  • Spain: must ratify Council Decision 2018/994 and introduce a minimum electoral threshold, which may affect smaller parties.
  • Germany: cannot apply the 2% threshold until the Decision enters into force.
  • Persons with disabilities: need accessible voting facilities and materials.
  • Dual EU citizens: may face penalties for not voting in a Member State where they are automatically registered.

Figures and deadlines

  • 2% minimum threshold for constituencies with more than 35 seats.
  • Deadlines for finalising electoral lists range from 21 to 90 days.

Legal basis: Articles 9, 10, 14 and 17(7) TEU and Articles 22, 223(1) and 225 TFEU