The debate on the reform of the European electoral law that the European Parliament submitted to the Council of the EU revealed, on Tuesday 18 October, deep divisions between Member States on the question of setting up an electoral constituency within which transnational lists would compete (see EUROPE 12944/1).
Some Member States have “great difficulty” in accepting certain key elements of the legislative proposal, the Czech minister for European Affairs Mikuláš Bek noted after the General Affairs Council.
During the debate, many countries - Latvia, Denmark, Portugal, Ireland, Hungary, Finland, the Netherlands, Lithuania, Sweden - expressed their reluctance to create a European electoral constituency. Denmark referred to the principle of subsidiarity, Ireland to the absence of list-based voting in national elections and the Netherlands to the distance between possible transnational lists and voters. Hungary criticised the European Parliament for “an attempt to monopolise power”.
Other countries - Spain, France, Austria, Germany, Belgium, Luxembourg - on the other hand welcome the legislative proposal on the table, which nevertheless raises legal questions as to its implementation. Having transnational lists would increase the sense of belonging and turnout in European elections, France argued. Belgium believes the legality of such a system must be ensured, while Luxembourg stressed the importance of taking into account national realities.
In preparation for the General Affairs Council, the EU Council’s legal experts issued an opinion that the creation of transnational lists is compatible with EU law.
See the opinion of the Council’s Legal Service: https://aeur.eu/f/3o4
The European Parliament also proposes that the European elections be held on the same day, preferably on 9 May, Europe Day. Several countries - Cyprus, Romania, Austria, Belgium - are firmly against, citing constitutional and/or tradition-related problems.
Before the Council debate, Domènec Ruiz Devesa (S&D, Spanish), European Parliament rapporteur, had the opportunity to present the Parliament’s position to ministers.
Although it was held in an informal format, the meeting was “a small success”, he told EUROPE. According to him, creating a European constituency for the 2024 European elections remains “difficult, but possible”. His proposal is to negotiate a ‘fast track’ agreement with the European Parliament on this point and on the gender equality provisions, leaving aside other more symbolic issues, such as setting a single day for the elections.
There must be unanimity among Member States for the reform to be adopted. In order for it to enter into force in time for the European elections in May 2024, an agreement should be reached in the spring of 2023 in order to leave Member States to amend their domestic legislative frameworks. (Original version in French by Mathieu Bion)