Fifteen Member States have commented on the reform of the European Electoral Law as advocated by the European Parliament, including the controversial issue of the creation of a European constituency (see EUROPE 12944/1).
In their reading, it appears that more Member States are sceptical or even opposed to this issue. For Denmark, for example, setting up a European constituency with competing transnational lists led by ‘Spitzenkandidaten’ would “widen the gap between citizens and their representatives”. Sweden also doubts that the creation of a system where voters vote for candidates on national and transnational lists at the same time will help to increase voter turnout.
Unsurprisingly, Hungary reiterates its traditional opposition to the creation of an electoral constituency, citing in particular the lack of guarantee that candidates from less populous Member States are represented on an equal footing with those from more populous countries. Without explicitly expressing its opposition to this institutional innovation wanted by the European Parliament, Slovakia also raises the issue of “ geographical representation” of candidates.
The solution to this issue (division of states into three groups - see EUROPE 12919/15) found by the European Parliament is aimed precisely at convincing the medium-populated states.
Only Germany, Italy and Austria explicitly approve the creation of a European constituency, although Vienna believes that this is not feasible before the European elections in 2029. According to Rome, a smaller European constituency would strengthen the European public space.
For Berlin, such a system with transnational lists of Spitzenkandidaten would make nominations to high European offices “more transparent”. The candidate leading the transnational list with the highest number of votes would become the President of the European Commission. Germany still wants to ensure that German candidates elected on a transnational list will not be counted in the quota of 96 MEPs elected in Germany.
As for Luxembourg, it would like an in-depth analysis of the major implications of the creation of a European constituency as well as of the competences and functioning of the European Electoral Authority, which will play a role in the organisation and running of elections within this constituency.
Setting an identical day throughout the EU, potentially every 9 May, for the European elections is difficult to accept. Estonia, Denmark, Germany, Romania and Slovakia expressed scepticism, while Austria argued that national elections are always held on a Sunday.
Other topics are discussed, such as gender equality among candidates for the European elections, an obligation that Budapest does not like, the conditions for increased participation of disabled people, for which Malta, Luxembourg, Slovenia, Ireland and Croatia would like clarification, or voting by mail. On this last point, Austria, which allows it, stresses the legal and practical difficulties of introducing such a right, Slovakia envisages it for its nationals residing abroad from 2029, while Ireland and Croatia ask for clarification on this point.
See the comments of the fifteen Member States: https://aeur.eu/f/2u7 (Original version in French by Mathieu Bion)