Changes from plenary report to adopted text

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ChangedANNEX TO THE MOTION FOR A LEGISLATIVE RESOLUTION

Proposal for a

Council Regulation

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Changedon the election of the membersMembers of the European Parliament by direct universal suffrage, repealing Council Decision (76/787/ECSC,76/787/ECSC, EEC, Euratom)Euratom and the Act concerning the election of the members of the European Parliament by direct universal suffrage annexed to that decision, and amending Regulation (EU, Euratom) No 1141/2014Decision

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THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 223(1) thereof,

Having regard to the proposal from the European Parliament,

After transmission of the draft legislative act to the national parliaments,

Having regard to the consent of the European Parliament,

Acting in accordance with a special legislative procedure,

Whereas:

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Changed(1) The Act concerning the election of the members of the European Parliament by direct universal suffrage (‘the Electoral Act’), annexed to Council Decision 76/787/ECSC, EEC, Euratom, entered into force on 1 July 1978 and was subsequently amended by Council Decision 2002/772/EC, Euratom and Council Decision (EU, Euratom) 2018/994 of 13 July 2018.2018/994.

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Changed(2) According to Article 223(1) of the Treaty on the Functioning of the European Union (TFEU), the provisions necessary for the election of the membersMembers of the European Parliament by direct universal suffrage are laid down by the Council acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament upon a proposal drawn up by the European Parliament.

(3) Article 8 TFEU establishes the principle of gender mainstreaming by which the Union should aim to eliminate gender inequalities and to promote gender equality in all its activities.

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Changed(4) The Treaty of Lisbon has not only conferred on the European Parliament the power of initiative regarding the provisions on the election of its members,Members, but has also changed the nature of the mandate of the membersMembers of the European Parliament, making them direct representatives of the citizens of the Union. These constitute fundamental changes that should be reflected in a modernised European electoral law by inserting new elements that aim to enhance democratic legitimacy and to more accurately reflect the breadth of the role and competences of the European Parliament.

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Changed(5) In spite of the provisions of the Electoral Act, elections to the European Parliament are largely organised in accordance with national rules, which differ considerably across Member States, resulting in a range of different electoral systems. Elections forto the European Parliament take place on different days, and votes are cast for national parties with national candidates on the basis of national programmes. Approximation of those different electoral systems through the adoption of a more unified European electoral law based on clear common principles and rules would ensure equality for all citizens of the Union, and would strengthen the European public sphere.

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Changed(6) Electoral thresholds are a part of the political system in many Member States and contribute to the development of stable government and opposition dynamics within Parliaments. In order to safeguard fair political competition, such thresholds should not exceed 5% .

(7) Electoral thresholds should not affect the chances of recognised national and linguistic minorities to participate in the political life of the Union and to be represented in the European Parliament. Recognised national or linguistic minorities should benefit from exemptions from any thresholds that are provided for at national level. Exemptions from national thresholds should also apply to political parties or associations of voters running in European elections in a quarter of Member States that include in their ballot papers the names and logos of the European entities to which they are affiliated.

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Changed(8) According to Article 17(7) of the Treaty on European Union (TEU), the candidate for President of the Commission is to be proposed by the European Council, taking into account the European elections, and is then to be elected by the European Parliament. In order to give that right its appropriate expression, the European public sphere should be developed in such a way that all European voters are allowed to indicate their preferred candidate for the President of the European Commission. For this to happen, the lead candidates nominated by European political parties, by European associations of voters or by other European electoral entities, need to be able to stand behind a common electoral programme in all Member States. With a view to securing a majority within the Parliament ahead of the appointment of the Commission, interested parliamentary groups should establish a practice of concluding “legislature agreements” ensuring a political follow-up of the European elections. Through a process that should be formalised on the basis of a political agreement between the European political entities, the lead candidate whose European political entity has received the overall highest number of seats should be tasked first with forming a coalition majority in the newly elected Parliament as regards the nomination of a candidate for President of the European Commission. In the event that a coalition majority cannot be reached, the task should be assigned to the next lead candidate. In order to inform the nomination process, the President of the European Council should consult the said leaders of the European political entities and parliamentary groups. The lead candidate process could be formalised by a political agreement between the European political entities and by an Inter-InstitutionalInterinstitutional Agreement between Parliament and European Council.

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Changed(9) A Union-wide constituency, in which lists are headed by each political family’s candidate for President of the Commission, should be created in addition to the national constituencies, in order to enhance the democratic and pan-European dimension of the European elections. That Union-wide constituency should be subject to detailed and clear rules that ensure that the list of candidates respects the principles of gender equality and geographical proportionality and representativeness, and in particular that the interests of small and medium sizedmedium-sized Member States are fully taken into account.

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Changed(10) European political parties, European associations of voters and other European electoral entities have a key role to play in fostering a truly European political debate. According to Article 10(4) TEU, “Political“[p]olitical parties at European level contribute to forming European political awareness and to expressing the will of citizens of the Union”. European political parties, European associations of voters and other European electoral entities should therefore play a more central role in the European elections’ process. They should therefore be given the possibility of fully participating in European election campaigns, and of tabling Union-wide lists, so that they become known by and more visible to electors, both on ballot papers and in campaign materials and publications.

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(11) The conditions for the selection of candidates and for submitting candidacies should be reasonable, fair, democratic, proportionate and should respect the principles laid down by the Code of Good Practice in Electoral Matters of the Council of Europe's European Commission for Democracy through Law (the Venice Commission). Furthermore, in the European democracy action plan, the Commission has committed itself to promoting access to democratic participation, which entails inclusiveness and equality in democratic participation, as well as gender balance in politics and decision-making. In its 2020-2025 gender equality strategy, the Commission stated that “equal opportunity in participation is essential for representative democracy at all levels”. Gender equality as well as democratic and transparent procedures and informed decisions for the selection of candidates to the elections to the European Parliament, including the lead candidate, are key elements for ensuring a level playing field for all European electoral entities and for reinforcing representativeness and democracy. For reasons of equality, those principles should apply to all lists of candidates in the elections to the European Parliament both in the national constituencies and in the Union-wide constituency.

(12) Transparency of the electoral process and access to reliable and timely information on voters and on candidates are important for ensuring the reliability of the electoral process, for raising European political awareness and for securing a strong election turnout. It is important to facilitate the exchange of information between Member States on voters in order to avoid double voting. Moreover, citizens of the Union should be informed about the candidates standing in the elections to the European Parliament, and where applicable about the affiliation of national political parties to a European political party, well in advance of those elections. It is therefore necessary to establish a European electoral roll and mandatory time-limits for the establishment of the electoral roll at European and national level and of the lists of candidates.

(13) A European Electoral Authority exercising an independent mandate and composed of members with the necessary expertise and experience is essential in order to manage the Union-wide constituency. The key tasks of the European Electoral Authority should include monitoring the implementation of this Regulation and resolving disputes in respect of the common standards of the European electoral law; managing the European electoral roll; proclaiming the electoral results; and ensuring an efficient exchange of information and best practices between national bodies.

(14) In order to ensure that the European electoral entities have the sufficient funds to convey their messages and their political programmes to the Union citizens, the electoral campaign in the Union-wide constituency should receive adequate funding.

(15) In order to encourage voter participation in elections to the European Parliament, Member States should provide for postal voting and could also allow advance physical and proxy voting. Taking into account the Council recommendations in that respect, and in order to take full advantage of the possibilities offered by technological developments, Member States could also permit electronic and internet voting, while ensuring the accessibility of the electronic and internet systems, the reliability of the results through a possibility for recounts, the secrecy of the vote, the protection of personal data, in accordance with applicable Union law, and full transparency in the design and deployment of the electronic and internet systems; as well as ensuring the accessibility for persons with disabilities and for all citizens.

(16) Citizens of the Union have the right to participate in its democratic life, in particular by voting or standing as candidates in elections to the European Parliament. The right to vote and to stand as candidate, and access to information and voting should also be ensured on an equal basis for all citizens, including for persons with disabilities. Member States should take the measures necessary to allow all Union citizens to exercise the right to vote in elections to the European Parliament, including those who are residing or working in countries outside the Union, who are without a permanent residence, who are experiencing homelessness, who are serving a prison sentence in the Union or those who are living in closed residential settings such as hospitals, psychiatric institutions and other healthcare settings, retirement and nursing homes for old people or residential settings for persons with disabilities. In particular, Member States should introduce appropriate measures, so that people living in closed residential settings are able to exercise their right to vote. The special needs of persons with disabilities should be taken into account when ensuring access to information, voting materials and voting facilities.

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Changed(17) The minimum age for the exercise of the right to vote and the right to stand as a candidate varies across the 27 Member States from 16 to 18. A single harmonised age for voting and for standing as a candidate should be introduced across the Union in order to ensure equality and to avoid discrimination in access to those most fundamental civic and political rights. Without prejudice to existing constitutional orders establishing thea minimum voting age at 18 or 17 years of age, the minimum age for voting should be set at 16. The minimum age tofor standstanding as a candidate should be set at 18. Regardless of their legal capacity, all the persons with disabilities, should enjoy political rights on an equal basis with others.

(18) The deadlines for tabling the lists of candidates for elections to the European Parliament and for establishing the electoral rolls before European elections vary greatly between Member States. In order to ensure that candidates and voters across the Union have the same time available for campaigning or for reflection, and to facilitate the exchange of information between Member States on voters, the deadlines for tabling the lists of candidates and for establishing the electoral rolls should be the same throughout the Union.

(19) In order to ensure that European political parties, European associations of voters and other European electoral entities are sufficiently visible, clear and transparent rules on campaigning and on official electoral materials are needed. Such rules should enable European political parties, European associations of voters and other European electoral entities to use any forms of public communication and electoral campaign materials. Such rules should enable European political parties, European associations of voters and other European electoral entities to indicate their affiliations in any forms of public communication, electoral campaign materials and official electoral materials such as ballot papers. Member States should ensure that European political parties, European association of voters and other European electoral entities are given equal treatment and opportunities regarding the electoral campaign related to the Union-wide constituency.

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Changed(20) The 1976 Electoral act established a common electoral period, giving the Member States the power to set the exact date and the time for the elections within that period. A truly pan-European election requires a common European voting day. The elections forto the European Parliament should be held on 9 May, Europe Day, marking the anniversary of the Schuman Declaration of 9 May 1950. The election results should be proclaimed by the European Electoral Authority and published in the Official Journal of the European Union.

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Changed(21) In the event that a member of the European Parliament elected from the national constituencies, resigns, dies, or has his or her mandate withdrawn, the resulting vacancy should be filled in accordance with national legislation. Vacancies of seats of membersMembers of the European Parliament elected in the Union-wide constituency should be filled by the next candidate in the relevant lists. Temporary replacements in cases of maternity, paternity, parental leave and severe illness of membersMembers of the European Parliament should also be possible.

(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of the technical requirements, including the format and data to be provided, for the establishment of the European electoral roll. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

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Changed(23) Since the objective of this Regulation, namely to establish the provisions necessary for the election of membersMembers of the European Parliament by direct universal suffrage in accordance with a uniform electoral procedure as regards the Union-wide constituency and with principles common to all Member States, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

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ChangedThis Regulation establishes the provisions necessary for the election of membersMembers of the European Parliament by direct universal suffrage in accordance with a uniform electoral procedure as regards the Union-wide constituency referred to in Article 15 and with principles common to all Member States.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

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Changed(1) ‘political party’ means an association of citizens which pursues political objectives and which is either recognised by, or established in accordance with, the legal order of at least one Member State in accordance with Regulation (EU, Euratom) No 1141/2014;1141/2014 of the European Parliament and of the Council, including those which intend to form or to join a European coalition of national political parties and/or national associations of voters in order to table a list of candidates for, and campaign inin, the Union-wide constituency;

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Changed(2) ‘associations‘association of voters’ means an association of citizens which pursues political objectives and which, rather than being established as a political party, is registered as an association of citizens in accordance with applicable national provisions, including those which intend to form or joiningto join a European coalition of national political parties and/or associations of voters in order to table a list of candidates for, and campaign inin, the Union-wide constituency;

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Changed(3) ‘European coalition of national political parties and/or associations of voters’ means an electoral alliance of national political parties and/or national associations of voters,voters which are registered in at least one quarter of the Member States, where necessary rounded up to the nearest whole number, that tables a list of candidates to, and campaigns forin, the Union-wide constituency;

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Changed(4) ‘European political party’ means a political alliance of national political parties which pursues political objectives and is registered with the Authority for European political parties and European political foundations in accordance with Regulation (EU, Euratom) No 1141/2014 ()forfor the purposes of tabling a list of candidates for, and campaigncampaigning in, the Union-wide constituency;

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Changed(5) ‘European associationsassociation of voters’ means a transnational association of citizens registered in at least a quarter of the Member States, representing at least a number equal to 0.02% of the voting population in the relevant Member States, which pursues political objectives, but is not established as a European political party, and is recognised for the purposepurposes of tabling a list of candidates for, and campaigncampaigning inin, the Union-wide constituency;

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Changed(6) ‘European electoral coalition’ means an electoral alliance byof two or more European political parties and/or European associations of voters that fields a list of candidates for and campaign in the Union-wide constituency which may be joined by national political parties and/or national associations of voters, provided that they are not affiliated to a European political party;

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Changed(7) ‘Political alliance’ means a structured cooperation between political parties and/or citizens in accordance with Regulation (EU, Euratom) No 1141/2014;

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(8) ‘European electoral entity’ means a European coalition of national political parties and/or associations of voters, a European political party, a European association of voters, a European electoral coalition or a political alliance;

(9) ‘Union-wide list’ means the list of candidates fielded in the Union-wide constituency by a European electoral entity.

Article 3

National provisions

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ChangedThe electoral procedure for the election of the membersMembers of the European Parliament shall be governed by this Regulation. Matters not covered by this Regulation shall be governed in each Member State by its national provisions.

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Those national provisions shall not affect the proportional nature of the voting system.

They shall in any event ensure respect for democratic standards, leading to democratic and proportionate requirements for registering a political party or an association of voters and for submitting a list of candidates for the national constituencies and the Union-wide constituency.

Article 4

The right to vote

1. Every Union citizen from 16 years of age, including persons with disabilities regardless of their legal capacity, shall have the right to vote in elections to the European Parliament without prejudice to existing constitutional orders establishing a minimum voting age of 18 or 17 years of age.

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Changed2. No Union citizen entitled to vote shall vote more than once in any election of membersMembers of the European Parliament in the national constituencies or in the Union-wide constituency.

3. Member States shall take measures necessary to ensure that double voting in elections to the European Parliament is subject to effective, proportionate and dissuasive penalties.