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REPORT (2020/2220(INL))

On the proposal for a Council Regulation on the election of the members of the European Parliament by direct universal suffrage, repealing Council Decision (76/787/ECSC, EEC, Euratom) and the Act concerning the election of the members of the European Parliament by direct universal suffrage annexed to that decision

A-9-2022-0083

Committee on Constitutional Affairs · Rapporteur: Domènec Ruiz Devesa

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

The Committee on Constitutional Affairs proposes a Council Regulation on electing Members of the European Parliament by direct universal suffrage, replacing the 1976 Electoral Act. It sets common minimum standards: a Union-wide constituency of 28 members elected from transnational lists, a second vote for that constituency, and a European Electoral Authority to run it. It harmonises voting age at 16, candidacy at 18, a common election day on 9 May, postal voting, and deadlines for electoral rolls and candidate lists. It requires gender equality through zipped lists or quotas, exemptions from national thresholds for national and linguistic minorities, and funding and visibility rules for European electoral entities. It asks for Treaty reform to move electoral law decisions from unanimity to qualified majority and to allow MEPs to serve as Commissioners between Parliament's constitution and the Commission's election.

Committee position. The Committee on Constitutional Affairs proposes that Parliament adopt the annexed proposal for a Council Regulation reforming European electoral law and submit it to the Council.

Key points

  1. Parliament suggests reforming its electoral procedure with common minimum standards and legislative changes ahead of the 2024 European elections.
  2. It proposes transforming the elections into a single European election with a Union-wide constituency, instead of 27 separate national elections.
  3. European political parties, associations of voters and other European electoral entities should play a more central role and receive adequate support and funding.
  4. Common minimum standards should cover the right to vote and stand, access to ballots, candidate selection including gender equality, accessibility, and election-day rules.
  5. The regulation sets the right to vote from age 16 and the right to stand from age 18, without prejudice to existing constitutional orders with voting ages of 18 or 17.
  6. Member States must provide postal voting and may add advance physical, proxy, electronic and internet voting with safeguards for reliability, secrecy and data protection.
  7. A European electoral roll and national rolls must be finalised no later than fourteen weeks before election day, with penalties for double voting.
  8. Candidate lists must be tabled twelve weeks before election day, and European electoral entities must file consent documents for Union-wide lists.
  9. Each voter has two votes: one in the national constituency and one in the Union-wide constituency, where 28 members are elected by closed list.
  10. National thresholds may not exceed 5%, constituencies with more than 60 seats must set a threshold of at least 3.5%, and recognised national and linguistic minorities are exempt.
  11. Elections are held on 9 May, campaigning starts eight weeks before, a 48-hour reserve period applies, and results are proclaimed by the European Electoral Authority.
  12. A European Electoral Authority is established to manage the Union-wide constituency, the European electoral roll, disputes and the proclamation of results.

Who is affected

  • Member States, which must align national electoral rules with common standards on age, deadlines, postal voting and accessibility.
  • European political parties, associations of voters and other European electoral entities, which may table Union-wide lists and receive campaign funding.
  • Persons with disabilities, who must have equal access to voting, assistance of their choice and accessible materials.
  • Citizens living or working in third countries, without permanent residence, in closed settings, experiencing homelessness or serving prison sentences, who must be able to vote.
  • National and linguistic minorities, which benefit from exemptions from national electoral thresholds.

Figures and deadlines

  • 28 members of the European Parliament elected from the Union-wide constituency at the first election after entry into force.
  • Minimum voting age set at 16, without prejudice to constitutional orders setting it at 18 or 17.
  • Minimum age to stand as a candidate set at 18.
  • National electoral roll finalised no later than fourteen weeks before election day.
  • Candidate lists tabled twelve weeks before election day.
  • National electoral threshold not exceeding 5% of valid votes cast.
  • Constituencies with more than 60 seats must set a threshold of at least 3.5% of valid votes cast.
  • Election day fixed on 9 May of the last year of a parliamentary term.

Legal basis: Article 223(1) of the Treaty on the Functioning of the European Union.