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DRAFT REPORT (2025/2028(INI))

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

AFCO-PR-767970

Committee on Constitutional Affairs · Rapporteur: Borja Giménez Larraz

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This draft report on the reform of the European Electoral Act examines hurdles to ratifying and implementing Council Decision 2018/994, which amends the 1976 Electoral Act. It concludes that the decision is not yet in force because Spain has not ratified it, and recommends measures to improve European elections.

Committee position. The rapporteur proposes that Parliament adopt a resolution concluding that Council Decision 2018/994 is not yet in force due to Spain's pending ratification, and recommending that Member States implement optional measures and that Spain proceed with ratification.

Key points

  1. Council Decision 2018/994 introduces mandatory measures, including proportional representation, a minimum 2% threshold for constituencies over 35 seats, and optional measures like preferential voting and ballot visibility for European political parties.
  2. All Member States except Spain have ratified Council Decision 2018/994; Spain faces political obstacles to introducing an electoral threshold.
  3. Germany ratified the decision but cannot apply the 2% threshold until the decision is in force; its constitutional court upheld the threshold as compatible with EU law.
  4. Optional measures, such as displaying European political party names on ballots, have not been transposed in any national legislation.
  5. Deadlines for finalising electoral lists vary from 21 to 90 days, creating unequal conditions for candidates and voters.
  6. Calls on Member States to implement all optional measures, enhance visibility of European political parties, and ensure equal access to voting for persons with disabilities.
  7. Urges Spain to initiate legislative proceedings to approve Council Decision 2018/994, including electoral thresholds, and suggests Parliament send a formal letter to the Council if Spain delays.

Who is affected

  • Spain: must ratify Council Decision 2018/994 and introduce an electoral threshold, affecting smaller parties.
  • Germany: cannot apply the 2% threshold until the decision is in force.
  • EU citizens with disabilities: need accessible voting facilities and information.
  • Dual EU citizens: risk penalties for being registered in multiple Member States.

Figures and deadlines

  • Minimum 2% threshold for constituencies with more than 35 seats.
  • Deadlines for 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