Changes from plenary report to adopted text

The European Parliament,

– having regard to Articles 10(1), 14(2) and 14(3) of the Treaty on European Union,

– having regard to the Act concerning the election of the members of the European Parliament by direct universal suffrage of 20 September 1976,

– having regard to its Decision 2005/684/EC, Euratom of 28 September 2005 adopting the Statute for Members of the European Parliament, in particular Articles 2(1) and 3(1) thereof,

– having regard to Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals,

– having regard to European Council Decision (EU) 2023/2061 of 22 September 2023 establishing the composition of the European Parliament,

 having regard to the judgments of the Court of Justice of the European Union of 7 July 2005, 30 April 2009, 19 December 2019 and 26 September 2024,

– having regard to Rules 3, 4 and 11 of, and Annex I to, its Rules of Procedure,

– having regard to the official notifications from the competent authorities of the Member States of the results of the election to the European Parliament,

– having regard to the report of the Committee on Legal Affairs (A10-0016/2025),

A. whereas, pursuant to Article 12 of the Act of 20 September 1976, Parliament is obliged to verify the credentials of Members of the European Parliament and for this purpose it must take note of the results declared officially by the Member States and rule on any disputes that may arise out of the provisions of the 1976 Act other than those arising out of the national provisions to which that 1976 Act refers;

B. whereas Article 7(1) and (2) of the Act of 20 September 1976 sets out the offices that are incompatible with the office of Member of the European Parliament;

C. whereas all Member States have notified Parliament of the names of elected Members pursuant to Rule 3(1) of the Rules of Procedure;

D. whereas some Member States were late in forwarding, and others have not yet forwarded at all, the lists of any substitutes, together with their ranking in accordance with the results of the vote, as required under Rule 3(3) of the Rules of Procedure;

E. whereas objections to the election of some Members of the European Parliament may be considered in Member States in accordance with national legislation and these procedures could result in the annulment of the election of the Members concerned; whereas no disputes arose before Parliament pursuant to the provisions of the Act of 20 September 1976;

F. whereas, according to Article 3 of European Council Decision (EU) 2023/2061 of 22 September 2023, the number of representatives in the European Parliament allocated to Spain is currently 61, while the notification from the Spanish competent authorities only contains 60 names; whereas, in accordance with Articles 8 and 12 of the Act of 20 September 1976, as interpreted by the Court of Justice of the European Union, Parliament takes note of the list of Members elected in Spain in the elections held on 9 June 2024, communicated to it by the Junta Electoral Central; whereas the Junta Electoral Central has not notified Parliament of the name of one of the Members elected in Spain;

G. whereas, in accordance with Rule 3(2) of and Annex I to the Rules of Procedure, Members are required to declare in writing that they do not hold any office incompatible with that of Member of the European Parliament, as well as providing written declarations of private interests and of assets, failing any of which the validity of the mandate of the Member concerned may not be confirmed;