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

The European Parliament adopted by 417 votes to 234, 9 abstentions, a resolution on the reform of the European electoral law - obstacles to ratification and application in Member States.

Main conclusions

Parliament recalled that the path towards the Europeanisation of national electoral rules concerning the elections to the European Parliament should be strengthened, namely regarding accessibility for disadvantaged groups, common deadlines for the finalisation of electoral lists, the prevention of double voting and the enhancement of the visibility and role of European political parties in electoral processes. While many existing provisions in the current European Electoral Act have been implemented in all Member States, Members consider, nevertheless, that the completion of a European ‘demos’ is far from done and that policy efforts must be intensified to make the EU less bureaucratic and more democratic.

European elections continue to be conducted largely under national legal and institutional frameworks. Parliament stressed that these rules no longer correspond to the enhanced role and legislative powers of the European Parliament.

Decision (EU, Euratom) 2018/994 has been only partially and unevenly implemented by Member States, revealing a lack of political will to strengthen the European democratic dimension, particularly with regard to preventing double voting. Similarly, the deadlines set for finalising electoral lists for the European elections vary considerably between Member States (from 21 to 90 days).

Members consider that:

- all ballot papers must include the names of candidates and the logo of the European political party to which each national party is affiliated, and that the candidates should have proper visibility on online, television and radio campaign broadcasts, posters and other material used in European election campaigns;

- any barriers to the right to vote and to stand as a candidate for persons with disabilities are incompatible with the obligations arising from the UN Convention on the Rights of Persons with Disabilities and should be removed to guarantee accessibility for all throughout the electoral process;

- expanding access to postal voting would boost participation, particularly among mobile European citizens and younger voters.

Parliament recalled that the situation of dual EU citizens has not yet been resolved, as it is still possible for a dual EU citizen to be automatically included on the electoral rolls of more than one Member State, with no available means of deregistering.

Members consider it essential to begin a constructive dialogue with the Council to assess the Parliament's 2022 proposal to reform the European electoral act and make progress on this issue. They underlined that the lack of progress is not due to technical or legal obstacles, but to a lack of political will on the part of Member States to engage with Parliament’s proposals.

Recommendations

Parliament considered the transparency of the electoral process and access to reliable information to be essential factors in raising European political awareness and securing an election turnout that is high enough to constitute a mandate from the electorate. Candidates should have the same opportunities to campaign and that citizens should be informed well in advance about the candidates standing in the European elections.

Members therefore stressed the importance of harmonising the deadlines for submitting electoral lists across all Member States and that it is essential to facilitate access to voting in European elections and to guarantee that all those entitled to vote are able to exercise this right through postal voting or other complementary means.

Member States are called upon to:

- ensure equal access to information and the electoral process for all citizens, including persons with disabilities and guarantee the right to vote and stand for election for persons with disabilities by establishing provisions that harmonise the accessibility of voting facilities, polling stations, electoral procedures and electoral materials for persons with disabilities;

- implement all the optional measures included in Council Decision (EU, Euratom) 2018/994 and, in particular, to enhance the visibility of electoral alliances in European elections, the affiliation of national political parties to European political parties, European associations of voters and other European electoral entities, through media campaigns, the distribution of uniform ballot papers that clearly indicate European alliances throughout each Member State;

- take concrete steps to harmonise candidacy requirements in order to ensure fair and equal access to the electoral process for all political actors.