On the draft Council decision amending the Act concerning the election of the Members of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the draft Council decision amending the Act concerning the election of the Members of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976

(06708/2026 – C10-0078/2026 – 2025/0900(APP))

(Special legislative procedure – consent)

The European Parliament,

– having regard to the draft Council decision (06708/2026),

– having regard to the request for consent submitted by the Council in accordance with Article 223(1) of the Treaty on the Functioning of the European Union and to Article 106a(1) of the Treaty establishing the European Atomic Energy Community (C10-0078/2026),

– having regard to its legislative resolution of 13 November 2025 on the amendment of the European Electoral act, allowing Members to vote in plenary by proxy voting during pregnancy and after giving birth,

– having regard to Rule 107(1) and (4) of its Rules of Procedure,

– having regard to the recommendation of the Committee on Constitutional Affairs (A100000/2026),

1. Gives its consent to the draft Council decision;

2. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

EXPLANATORY STATEMENT

Parliament adopted on 13 November 2025 a proposal for a reform of the European Electoral Act to permit Members of the European Parliament (MEPs) who are pregnant or who have recently given birth to cast their votes in plenary sessions by proxy voting. Under the proposed targeted revision, a MEP who is pregnant or who has recently given birth would be able to delegate their plenary voting rights to another MEP for a maximum duration of three months before the estimated date of birth and a maximum duration of six months after the birth. The revision is designed to accommodate the unique health, physical, and logistical challenges faced by those Members, thereby enabling them to fully participate in the legislative process without being compelled to attend plenary sessions in person. This legislative initiative reflects Parliament’s long-standing commitment to promote inclusivity, gender equality and family-friendly working conditions.

As provided for in the special legislative procedure laid down in Article 223(1) TFEU, once Parliament has adopted its legislative initiative on proxy voting, this proposal is transmitted to the Council. The Council must adopt unanimously its position on the proposal and then it must request the consent from Parliament. After obtaining the Parliament’s consent, the Council shall finally adopt the decision amending the European Electoral Act. The reform shall enter into force following its approval by the Member States in accordance with their respective constitutional requirements.

The Council held intensive debates during several months on several issues, namely the personal scope of application of the proposed decision, but also the practical implementation of proxy voting, such as the duration, the criteria for ensuring eligibility, accessibility, and verifiability of such delegation of voting rights.

The Council has adopted its position on proxy voting on 17 March 2026 and transmitted it to Parliament for its consent. Following its internal debates, the Council has added to the Parliament’s initial proposal two elements. First, the statute for MEPs should lay down the general conditions governing such delegation of vote, ensuring compliance with the principles of transparency, accountability, traceability, legal certainty and integrity of the vote. Council also added that Parliament’s Rules of Procedure should lay down detailed arrangements for this delegation of vote.

While reiterating the need for a rapid adoption of this important reform of the European Electoral Law, the Rapporteur suggests Parliament to accept these additions from Council and to proceed immediately to give its consent to the Council’s position. This would allow for the swift adoption by the Council of its final decision on the amendment of the European Electoral Law and for the launching of the last step foreseen in Article 223(1) TFEU (i.e. approval by Member States) without further delay, allowing for the entry into force of this reform as soon as possible.