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Changes between two versions

What changed between the plenary report and the adopted text

From · plenary report· 4 Apr 2022

A-9-2022-0083

on the proposal for a Council Regulation on the election of the members of the European Parliament by direct universal suffrage, repealing Council Decision (76/787/ECSC, EEC, Euratom) and the Act concerning the election of the members of the European Parliament by direct universal suffrage annexed to that decision

To · adopted text· 3 May 2022

TA-9-2022-0129

Election of the Members of the European Parliament by direct universal suffrage

Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.

The changes · 120

Change 1

Changed:A. whereas since 1976, when the European Electoral Act paved the way for the election of the representatives of the European Parliament by direct universal suffrage for the first time, the European Parliament has continuously requested the reform of European electoral law and moves towards a more a genuine, uniform and European electoral procedure;

Change 2

Changed:C. whereas other important changes in the Lisbon Treaty concerned in particular the wording of Article 14 TEU, stating that the Parliament is to be composed of representatives of the citizens of the Union and not peoples of the Member States, as well as the reference to the Parliament’s role in the election of the President of the European Commission, who should be elected taking into account the results of the European Parliament elections;

Change 3

Changed:D. whereas the procedure for the 2014 elections set a precedent for the role of the Parliament in the selection of the President of the Commission; whereas it was not possible for that procedure to become part of an overall reform of European electoral law, which contributed to creating the political background for the unexpected disapplication of the lead candidate principle following the European elections of 2019; whereas 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; whereas in case a coalition majority cannot be reached, the task should be assigned to the next lead candidate; whereas itParliament expects the President of the European Council to consult the said leaders of the European political entities and parliamentary groups in order to inform the nomination process, and considers that this 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;

Change 4

Changed:F. whereas, despite some steps forward in defining common standards of electoral procedures for the European Parliament, today EUEuropean elections are still mostly governed by national laws and therefore more improvements are needed to establish a genuinely uniform procedure for European elections;

116 more changes

Change 5

Changed:G. whereas the turnout registered in the 2019 European elections was the highest of any elections to the European Parliament in the last 20 years; whereas the participation rate hides wide disparities between Member States; whereas increased turnout is a positive signal and shows that citizens, and in particular the youngest generations of the Union are taking an increasing interest in the development of the European integration, as indicated also by the results of the special Eurobarometer of 9 March 2021; whereas this rate still means that only half of the Union citizens took part; whereas increased interest in European elections signals that Union citizens demand swift action from the Union in the field of climate change, economic recovery, the protection of human rights and rule of law, migration, and the role of the European Union in international relations; whereas communication efforts must be made to increase citizen’s interest in European issues and the role of European political parties and foundations in thisthat regard;

Change 6

Changed:H. whereas the trend of a growing voter turnout can be improved if the connection and accountability between voters and candidates are strengthened and the EU-wideUnion-wide dimension is fostered;

Change 7

Changed:J. whereas the approval by Member States of Council’sCouncil Decision (EU, Euratom) 2018/994 of 13 July 2018 is still pending but does not preclude the necessary changes in the Union’s electoral systems;

Change 8

Changed:L. whereas an appropriate approach to reforming the European electoral law should be based on respect for the principles of subsidiarity and proportionality and the introduction of common minimum standards ;standards;

Change 9

Changed:M. whereas the reform of the European Parliament's electoral procedure should aim to enhance the democratic and transnational public debate and dimension of the European elections and the democratic legitimacy of the Union decision-making process, reinforce citizenship in the Union, improve the functioning of the European Parliament and the governance of the Union, make the work of the European Parliament more legitimate and legislative by giving it a genuine right of initiative, strengthen the principles of electoral equality and equal opportunities, especially between women and men, enhance the effectiveness of the system for conducting European elections, and bring Members of the European Parliament closer to their voters, and in particular the youngest amongst them;

Change 10

Changed:N. whereas the Recommendation 16 of the European Citizens’ Panel 2 on European democracy / Values and rights, rule of law, security of the Conference on the Future of Europe calls for an electoral law for the European Parliament that harmonizes electoral conditions (voting age, election date, requirements for electoral districts, candidates, political parties and their financing), and for European citizens to have the right to vote for different European Union level parties that each consist of candidates from multiple Member States, and that during a sufficient transition period, citizens could still vote for both national and transnational parties”;parties;

Change 11

Changed:O. whereas the Youth Ideas Report released as the outcome of the European Youth Event (EYE) from 22 to -23 October 2021 suggests using transnational lists, where voters would be given a list of national candidates, and an additional list with candidates from all Member States; whereas itthat report also supports the enforcement of the lead candidate process;

Change 12

Changed:P. whereas the Third interimInterim reportReport of the multilingual digital platform of the Conference on the Future of Europe, consideredconsiders that one of the more frequently discussed proposals, and a widely endorsed idea, concerns the creation of EU-wide transnational electoral lists;

Change 13

Changed:R. whereas the principles of proportionality and equal opportunities have to be considered in regards to minorities, which are underrepresented in the European Parliament; whereas approximately 20 MEPs out of 705 declare belongingthat they belong to a minority (=2,8%); whereas the Venice Commission acknowledges the role of guaranteed reserved seats for members of national minorities, lower electoral thresholds in proportional electoral systems for parties representing national minorities or the designation of electoral districts with the purpose to enhance the minorities' participation in the decision-making process;

Change 14

Changed:U. whereas European political parties "contributecontribute to forming European political awareness"awareness and should therefore play a stronger role in the campaigns for Parliament elections to the European Parliament in order to improve their visibility and to make clear the link between a vote for a particular national party and the impact it has on the size of a European political group in the European Parliament and on the nomination of the President of the European Commission;

Change 15

Changed:V. whereas associations of voters or electoral entities which do not belong to a European political party are called to play a role in the campaigns for Parliament elections to the European Parliament in order to increase citizensthe involvement of citizens in the election processes;process;

Change 16

Changed:W. whereas the procedure for nominating candidates for elections to the European Parliament varies considerably from Member State to Member State and from party to party, in particular as regards transparency, democratic,democratic and gender equality standards:standards; whereas, however, open, transparent and democratic procedures respecting gender equality for the selection of candidates are essential for building trust in the political system;

Change 17

Changed:Z. whereas the establishment of a Union-wide constituency in which lists are headed by each political family’s candidate for the post of President of the Commission would strengthen European democracy and further legitimise the election of the President of the Commission and his/herhis or her accountability; whereas this could contribute to the construction of a European political space and to make the elections forto the European Parliament truly based on European issues and not on issues of exclusively national interest;

Change 18

Changed:AA. whereas at their informal meeting on 23 February 2018, the Heads of State and Government decided to continue thetheir reflection,reflections, as well as the technical, legal and political work, on the issue of the transnational lists being set up for the 2024 elections;

Change 19

Changed:AB. whereas not all Member States give their citizens the possibility of voting from abroad, and among those that do, the conditions for granting them theirthe right to vote vary greatly; whereas granting all citizens of the Union residing outside the Union the right to participate in elections would contribute to electoral equality; whereas, however, Member States need to coordinate their administrative systems better in order to prevent voters from voting in two different Member States;

Change 20

Changed:AC. whereas many people with disabilities want to vote at a polling station; whereas in 12 Member States national rules do not make it possible to switch from the polling station assigned on the basis of place of residence to another which is more suitable in the light of athe voter's disability; whereas Article 29 of the United Nations Convention on the rights of persons with disabilitiesUNCRPD explicitly stipulates that the States Parties undertake to ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others; whereas any barriers to the right to vote and to stand as candidate for persons with disabilities, especially legal barriers for adults with disabilities declared legally incapacitated should be removed, guaranteeing accessibility throughout the election process, including by providing additional participation systems to exercise the right to vote, in particular through postal voting;

Change 21

Changed:AE. whereas postal voting could enable more voters to participate and make the conduct of European elections more efficient and more appealing for voters, whilst ensuring the highest possible standards of data protection and maintaining vote at polling stations as the norm; whereas Member States may provide complementary voting tools to enhaceenhance participation such as proxy voting, electronic or internet voting, in accordance with their national traditions; whereas many national bodies for the protection of digital freedoms have expressed reservations about online voting; whereas online voting presents increased difficulties with regard to the fundamental principles governing electoral operations (the secrecy of the ballot, the personal and free nature of the vote, the sincerity of electoral operations, effective monitoring of the vote and a posteriori control by the election judge) ; whereas thesethose difficulties can be overcome by a common regulatory framework and procedure in which the highest standards of data protection, election integrity, transparency, reliability, secrecy of the vote are guaranteed;

Change 22

Changed:AF. whereas Article 7(1) of the Act concerning the election of Membersmembers of the European Parliament by direct universal suffrage of 20 September 1976 establishes that “the office of member of the European Parliament shall be incompatible with that of member of the Commission”;

Change 23

Changed:1. Suggests the reform of its electoral procedure with the goal of shapingshaping, in a concrete wayway, a European public sphere, by suggesting common minimum standards and legislative changes ahead of the 2024 European elections;

Change 24

Changed:2. Considers it essential to improve the transparency and democratic accountability of the Parliament, by strengthening the European dimension of the elections, notably by transforming the European elections into a single European election, especially withthrough the establishment of a Union-wide constituency, as opposed to the collection of 27 separate national elections, which is the way that European elections are organised today;

Change 25

Changed:4. Reminds that diverging electoral cultures have resulted in a range of different electoral systems and different voting rights across the Union; considers that common minimum democratic standards in the European electoral law can promote a genuine public European debate and ensure equality of the Union citizens, including as regards: the right to vote, the right to register a party, an association of voters or other electoral entities and to stand for elections; access to ballots; the fielding of candidates, including gender equality; accessibility of voting for all citizens, especially for persons with disabilities; or what happens on the day of the elections;

Change 26

Changed:5. Calls for the establishment of a common framework, with benchmarks and minimum standards for election rules across the EU,Union, and suggests focusing on a strong coordination with national measures for implementing the core of its proposals;

Change 27

Changed:6. Calls on the European Union institutions to take into account the priorities identified by Union citizens in the context of the Conference on the Future of Europe;

Change 28

Changed:7. Notes the role of the Commission as facilitator in the institutional talks between the European Parliament and the Council on the reform of the European Electoralelectoral Law;law; considers it essential to engage in a constructive dialogue with the Commission inter alia in order to evaluate and take inspiration from the results of the European Cooperation Network on Elections, as established in 2019;

Change 29

Changed:8. Highlights the links between the suggested measures for the review of the Electoral Act, and the European Parliament’Parliament’s rulesRules of procedure, theProcedure, regulationRegulation on(EU, EuropeanEuratom) PoliticalNo Parties1141/2014 and the European Commission Democracy Action Plan of December 2020, notably on elements such as:

Change 30

Changed:9. Considers gender equality to be a key element for improving representation in elections; welcomes the overall improvement in gender equality in the last elections, but stresses that there are significant differences between Member States, with some not having elected to Parliament a single woman; calls for the introduction of measures that ensure equal opportunities for women and men to be elected without infringing the rights of non-binary people, through the use of zipped lists or quotas.quotas;

Change 31

Changed:10. Regrets that most national and linguistic minorities are not usually represented in the European Parliament; points out in this regard the effective barrier that electoral thresholds represent for parties representing minority communities running in single national constituencies or in large, densely populated constituencies; considers therefore that the European electoral law should provide for the possibility of exemptions from nationally provided thresholds for entities representing recognizedrecognised national and linguistic minorities;

Change 32

Changed:13. Calls on European political parties ,parties, European associations of voters and European electoral entities to nominate their candidates for the position of President of the Commission at least 12 weeks before the election day; considers that binding democratic procedures and transparency in the selection should be ensured; expects candidates to be placed in the first position of the corresponding list of the Union-wide constituency;

Change 33

Changed:16. Expects the leaders of the European political parties and parliamentary groups to agree on a common indication to the European Council on the basis of the outcome of the European elections as well as on a majority in the newly elected Parliament as regards the nomination of a candidate for President of the European Commission; expects the President of the European Council to consult the said leaders of the European political entities and parliamentary groups in order to inform the nomination process; considers that this 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;

Change 34

Changed:18. Considers that the introduction of a Union-wide constituencyconstituency, from which twenty eighttwenty-eight membersMembers of the European Parliament shallare to be elected,elected without affecting the number of representatives in the European Parliament elected in each Member State,State and in which lists are headed by each political family’s candidate for the post of President of the CommissionCommission, offers an opportunity to enhance the democratic and transnational dimension of the European elections; believes that the goal of establishing a Union-wide constituency is achievable if gender equality is ensured as well as geographical balance, by guaranteeing that smaller Member States are not put at a competitive disadvantage compared to the larger Member States; suggests in this respect introducing binding geographical representation in the lists for the Union-wide constituency, and encourages European political parties, European associations of voters and other European electoral entities to appoint candidates in the Union-wide lists coming from all Member States;

Change 35

Changed:19. Emphasises that the establishment of a Union-wide constituency fromin which Members are elected on the basis of transnational lists is compatible with the Treaties, and in particular with Article 14(2) TEU; considers that support for a uniform European electoral law with Union-wide lists, and a binding system of lead candidates has been gaining political momentum;

Change 36

Changed:21. Suggests including common provisions governing expenditure linked to the European electoral campaign for each entity admitted for the purpose of tabling a list of candidates for membersMembers of the European Parliament in the Union-wide constituency; calls for strong coordination with the upcoming revision of Regulation (EU, Euratom) No 1141/202141141/2014 on this matter;

Change 37

Changed:22. Considers that funding of European political parties and other European electoral entities from the general budget of the European Union or from any other source may be used to finance campaigns conducted by the European electoral entities in the context of elections to the European Parliament in the Union-wide constituency in which they or their members participate; considers that funding and limitation of election expenses in the national constituencies, shallare to be governed in each Member State by its national provisions;

Change 38

Changed:23. Recalls that the minimum age for eligibility to stand as a candidate across the 27 Member States varies between 18 and 25 and the minimum age for eligibility to vote varies between 16 to 18; calls for the introduction of a single, harmonised age for, respectively, passive and active voting rights across Member States and recommends them to introduce thea minimum age of voting rightsage atof 16, without prejudice to existing constitutional orders establishing a minimum voting age of 18 or 17 years of age; is of the opinion that giving the right to vote at the age of 16 would reflect current rights and duties that the European youthyoung people already hashave in some Member States;

Change 39

Changed:25. Considers transparency of the electoral process and access to reliable information to be essential elements for raising European political awareness and securing an election turnout that is high enough to constitute a mandate from the electorate; highlights that citizens shallshould be informed well in advance - notably 12 weeks before the elections - about the candidates standing in the European elections and about the affiliation of national political parties or electoral associations to a European political party or European electoral association;

Change 40

Changed:27. Highlights that the deadlines for finalising the electoral roll ahead of European elections vary greatly among Member States; suggests to establishestablishing a European electoral roll and setting a common standard for the establishment and finalisation of the national electoral roll no later than fourteen weeks before the election day, in order to render the information on voters more accurate and to make its exchange between Member States easier, as well as to facilitate the prevention of double voting, ensuring that such double voting, whether the result of an administrative mistake or of breaches of electoral law is subject to effective, proportionate and dissuasive penalties at national level, and results in corrective measures by the Member States;

Change 41

Changed:28. Proposes establishing a European Electoral Authority in charge of coordinating information on the European elections, monitoring the implementation of and resolving disputes on the common standards of the European electoral law, managing the European electoral roll, proclaiming the electoral results, and supervising the exchange of information on voting by citizens of the Union outside their home country; considers that such a body could facilitate an efficient exchange of information, and in particular the sharing of best practices, between national bodies; suggests that an essential task of the AuthorityEuropean wouldElectoral Authority be the management of the register of electoral lists for the Union-wide constituency; calls on the budgetary authoritesauthorities to ensure that the European Electoral Authority will have sufficient resources to fulfil its tasks;

Change 42

Changed:30. Considers it essential to facilitate access to voting in European elections and to guarantee that all those who have the right to vote, including citizens of the Union living outside their country of origin, those without a permanent residence, those living in closed residential settings, those experiencing homelessness and prisoners, are able to exercise thisthat right; calls on Member States to ensure access to information and voting on an equal basis for all citizens, including for persons with disabilities by allowing for instance the renting of adapted premises when public structures are not adapted;

Change 43

Changed:31. Calls on Member States to introduce measures to maximise the accessibility of the elections for citizens with disabilities covering, among others and where appropriate, voting information and registration, polling stations, voting booths and devices and ballot papers; recommends to implement appropriate arrangements tailored to their national voting procedures to facilitate the vote of citizens with disabilities such as the possibility to choose polling station,stations, closed polling stations in key locations, and the use of assistive technologies, formats and techniques like Braille, large print, audio-based information, tactile stencils, easy to read information and sign language communication; calls on Member States to allow persons with disabilities assistanceto be assisted in voting throughby a person of their own choice, where necessary and at their request;

Change 44

Changed:33. Believes that the introduction of postal voting is needed for voters who are unable to go to the polling stations on electionElection day, and that this could make the conduct of European elections more efficient and more appealing for voters in specific or exceptional circumstances; calls on MembersMember States to consider the possible introduction of complementary enhancing tools such as advance physical voting and proxy voting, as well as electronic and online voting, in accordance with their own national traditions, taking into account the Council of Europe's recommendations in those areas and with appropriate safeguards to ensure the reliability, the integrity, the secrecy of the vote, the accessibility for persons with disabilities, transparency in the design and deployment of electronic and internet systems, the possibility for manual or electronic recounts without compromising the secrecy of the vote, and the protection of personal data in accordance with applicable Union law;

Change 45

Changed:34. Believes that establishing a common European voting day would create a more coherent pan-European election and therefore suggests fixing 9th9 May as the European election dayElection ,day, regardless of the day of the week on which it falls, with the possibility of that day becoming a public holiday; considers it important that the first official projections of the electoral results are announced simultaneously in all Member States on the election day at 21:00 hours CET;

Change 46

Changed:36. Suggests thea reform of the Treaties to make compatible the office of a Membermember of the European Commission and the office of Member of the European Parliament compatible in the period between the constitution of the Parliament and the election of the Commission;

Change 47

Changed:37. Calls for a reform of the TreatiesTreaties, and in particular of Article 223 TFEU on the provisions necessary for the election of the Members of the European Parliament by direct universal suffragesuffrage, moving from Council’s unanimity and national ratifications to qualified majority decision-making in the Council ;Council;

Change 48

Changed:39. Instructs its President to forward this legislative resolution as well as the annexed proposal to the European Council, the Council, the Commission and the parliaments and governments of the Member States.

Change 49

Changed:ANNEX TO THE MOTION FOR A LEGISLATIVE RESOLUTION

Change 50 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:on 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

Change 51 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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.

Change 52 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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.

Change 53 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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.

Change 54 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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.

Change 55 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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% .

Change 56 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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.

Change 57 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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.

Change 58 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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.

Change 59 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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.

Change 60 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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.

Change 61 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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.

Change 62 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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.

Change 63 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:This 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.

Change 64 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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;

Change 65 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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;

Change 66 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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;

Change 67 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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;

Change 68 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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;

Change 69 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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;

Change 70 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

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

Change 71 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:The 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.

Change 72 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:2. 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.

Change 73 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:2. No Union citizen entitled to stand as a candidate shall stand as a candidate in more than one national constituency nor appear on more than one list for a national constituency or on more than in one Union-wide list in any election ofto the European Parliament.

Change 74 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:2. With regard to those citizens serving a prison sentence in the Union, the first paragraph 1 shall be without prejudice to national law or court decisions handed down in accordance with national law.

Change 75 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:1. Member States shall ensure that all citizens, including persons with disabilities, have equal access to relevant materials, to voting facilities,facilities and to polling stations.

Change 76 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:2. Based on their national voting systems, Member States shall put in place appropriate arrangements with the aim of facilitating the exercise of the right to vote by persons with disabilitiesdisabilities, independently and in secret.

Change 77 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:In the event of electronic, internet and proxy voting, Member States shall adopt all necessary measures to ensure the reliability, the integrity, the secrecy of the vote, transparency in the design and deployment of electronic and internet systems, the possibility for manual or electronic recounts without compromising the secrecy of the vote and the protection of personal data in accordance with applicable Union law.

Change 78 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:2. For the purpose of establishing the European electoral roll, the competent national authorities shall provide the European Electoral Authority with all necessary data in accordance with Article 18. The criteria to be registered in the national electoral roll shall be regulated by national provisions.

Change 79 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:1. All political parties, associations of voters, electoral alliances and European electoral entities participating in elections to the European Parliament shall observe democratic procedures, transparency and gender equality, through measures that aim to ensure that all eligible persons have an equal opportunity to be elected, and a composition of the European Parliament that reflects the diversity of the European Union, when selecting their candidates for election to the European Parliament. Gender equality shall be reached depending on the Member States electoral systems and in any event in the Union-wide constituency by the use of zipped lists or quotas, without infringing on the rights of non-binary people.

Change 80 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:1. Elections shall be by direct universal suffrage and shall be equal, free and secret. Each voter shall have two votes, one to elect the membersMembers of the European Parliament in the national constituencies and one to elect membersMembers of the European Parliament in the Union-wide constituency.

Change 81 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:3. In the national constituencies, membersMembers of the European Parliament shall be elected using any national system of proportional representation commonly used by the Member States.

Change 82 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:4. In the Union-wide constituency, membersMembers of the European Parliament shall be elected using the closed list system.

Change 83 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:1. Member States may set a minimum threshold for the allocation of seats. At national level, thisthat threshold shall not exceed 5 % of the valid votes cast.

Change 84 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:3. The thresholds referred to in paragraphparagraphs 1 and 2 shall be without prejudice to exemptions made in national law for political parties or associations of voters that represent recognizedrecognised national or linguistic minorities.

Change 85 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:1. There shall be one constituency formed of the entire territory of the European Union from which 28 membersMembers of the European Parliament shall be elected at the first election of membersMembers of the European Parliament following the entry into force of this regulation.Regulation.

Change 86 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:For elections of membersMembers of the European Parliament thereafter, the size of the Union-wide constituency shall be determined by the European Council Decision establishing the composition of the European Parliament.

Change 87 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:2. The election in respect of the Union-wide constituency shall be without prejudice to the membersMembers of the European Parliament elected in each Member State.

Change 88 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:11. The total population of the Member States shall be calculated by the Commission (Eurostat) on the basis of the most recent data provided by the Member States, in accordance with a method established by means of Regulation (EU) No 1260/2013 of the European Parliament and of the CouncilCouncil.

Change 89 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:(a) Thethe numbers of votes obtained by the candidates are ordered from highest to lowest, in a column;

Change 90 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:(b) Thethe number of votes obtained by each candidacy is divided by 1,2,3, etc., up to a number equal to the number of seats corresponding to the constituency, forming a table similar to the one that appears in Annex III. The seats are attributed to the candidates that obtain the highest ratios in the table, attending to a decreasing order;

Change 91 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:(c) Whenwhen two seats corresponding to different candidacies coincide in the list of quotients, the seat will beis allocated to the list with the highest total number of votes obtained. If there are two candidates with the same number of votes, the first tie will beis resolved by lottery and the successive ones alternatively.

Change 92 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:1. Each Member State shall designate a contact authority responsible for exchanging, with its counterparts in the other Member States and with the European Electoral Authority established in accordance with Article 28 ,28, data on voters necessary for establishing the European electoral roll in accordance with Article 9(2), and on candidates.

Change 93 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:2. During the opening hours of the polling stations and from half an hour before polling stations open, any political activities at the polling stations or in their proximity isshall be prohibited, without prejudice to any activity organised to celebrate Europe Day in the Member States.

Change 94 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:3. The elections shall end in all Member States by 21:00 local time on thatElection day. To take into account the time difference, elections to the European Parliament may be held on 8 May of the last year of a parliamentary term in the Union’s overseas countries and territories.

Change 95 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:5. Member States may declare the Election day a national holiday.

Change 96 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:1. The five-year term for which membersMembers of the European Parliament are elected shall begin at the opening of the first session following each election (the “parliamentary term”).

Change 97 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:2. The term of office of each memberMember of the European Parliament shall begin and end in accordance with the parliamentary term (the “mandate”).

Change 98 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:In addition to the obligation set out in Article 229 of the Treaty on the Functioning of the European Union, the European Parliament shall meet, without requiring to be convened, on the first Tuesday after expiry of an interval of one month from the Election day.

Change 99 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:The European Parliament shall verify the credentials of membersMembers of the European Parliament.

Change 100 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:1. The office of memberMember of the European Parliament shall be incompatible with the following offices:

Change 101 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:2. Each Member State may adopt additional national rules concerning incompatibility with the office of memberMember of the European Parliament.

Change 102 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:Upon election, membersMembers of the European Parliament shall designate the municipality and, where applicable, region, within their Member State of residence, from which they will conduct external parliamentary activities,activities.

Change 103 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:1. A seat shall fall vacant when the mandate of a memberMember of the European Parliament ends as a result of that member’sMember’s resignation or death, or due to the withdrawal of his or her mandate.

Change 104 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:2. In the event of death, resignation, or withdrawal of the mandate of a memberMember of the European Parliament elected in the Union-wide constituency, the President of the European Parliament shall immediately inform the European Electoral Authority.

Change 105 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:The vacancy shall be filled by the next candidate in the list of candidates in which the memberMember who has died, resigned or withdrawn was originally elected.

Change 106 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:4. Where the law of a Member State makes explicit provision for the withdrawal of the mandate of a memberMember of the European Parliament, that mandate shall end pursuant to those legal provisions. The competent national authorities shall inform the European Parliament thereof.

Change 107 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:7. The Parliament may, at the request of the memberMember concerned, and with the agreement of the Member State concerned or the European Electoral Authority, propose a temporary replacement of the concernedMember memberconcerned in case of maternity, paternity or parental leave or in the case of leave due to a severe illness.

Change 108 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:When a seat falls temporarily vacant for any of the reasons set out in the first subparagraph the memberMember concerned shall be temporarily replaced for a period of 16sixteen weeks by the next candidate on the relevant list, who may decide whether or not to fill the vacancy. A refusal to fill the vacancy does not entail the loss of the position in the relevant list for future vacancies. The 16 weeks’sixteen-week period may be renewed.

Change 109 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:(a) ensuring the correct implementation of this Regulation as well as conducting and monitoring the electoral process ofin the Union-wide constituency;

Change 110 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:(c) exercising all the functions related to the electoral process ofin the Union-wide constituency and liaise with the contact authorities referred to in Article 18;

Change 111 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:3. The European Electoral Authority shall proclaim the Union-wide lists eleven weeks before the Election day.

Change 112 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:All members of the European Electoral Authority shall be independent in the performance of their duties. They shall neither seek nor take instructions from any institution or government or from any other body, office or agency. They shall not be members or former members of the European Parliament, national parliaments or national governments. In addition, they shall not hold any electoral mandate, or be officials or other servants of any EUUnion institution or of any European political party or European association of voters, or of any European political foundation.

Change 113 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:6. The European Electoral Authority willshall enjoy legal personality and shall have the necessary offices, staff, services and administrative support facilities to carry out its functions.

Change 114 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:The Budget appropriations shall be sufficient to ensure the full and independent operation of the European Electoral Authority. A draft budgetary plan for the European Electoral Authority shall be submitted to the European Parliament by its president, and shall be made public. The European Parliament shall delegate the duties of Authorising Officer with respect to those appropriations to the president of the European Electoral Authority.

Change 115 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:1. The Act concerning the election of the members of the European Parliament by direct universal suffrage, as well as Council Decision (76/787/ECSC,76/787/ECSC, EEC, Euratom)Euratom laying down that Act, is repealed.

Change 116 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Removed:ANNEX 1. TABLE - 27 EU MEMBER STATES BY POPULATION CATEGORIES

Added:ANNEX I.

Added:TABLE - 27 EU MEMBER STATES BY POPULATION CATEGORIES

Change 117 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:Practical example - D’HontD’Hondt Method

Change 118 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:Practical example: 1.000.0001 000 000 valid votes cast in a constituency that elects 5 members.Members.

Change 119 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Changed:A (350.000(350 000 votes), B (300.000(300 000 votes), C (150.000(150 000 votes), D (100.000(100 000 votes), E (70.000(70 000 votes), F (30.000(30 000 votes)

Change 120 under “ANNEX TO THE LEGISLATIVE RESOLUTION”

Removed:A 350.000 175.000 116.666 87.500 70.000

Added:A 350 000 175 000 116 666 87 500 70 000

Removed:B 300.000 150.000 100.000 75.000 60.000

Added:B 300 000 150 000 100 000 75 000 60 000

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Removed:C 150.000 75.000 50.000 37.500 30.000

Added:C 150 000 75 000 50 000 37 500 30 000

Removed:D 100.000 50.000 33.333 25.000 20.000

Added:D 100 000 50 000 33 333 25 000 20 000

Removed:E 70.000 35.000 23.333 17.500 14.000

Added:E 70 000 35 000 23 333 17 500 14 000

Removed:F 30.000 15.000 10.000 7.500 6.000

Added:F 30 000 15 000 10 000 7 500 6 000