Elections to the European Parliament
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Election-Watch.EU – wahlbeobachtung.org Elections to the European Parliament 23-26 May 2019 ELECTION-WATCH.EU Election Assessment Mission Final Report Brussels 16 September 2019 The views expressed in this report are solely the views of Election-Watch.EU and the authors of this report TABLE OF CONTENTS I. EXECUTIVE SUMMARY ........................................................................................................ 1 II. INTRODUCTION ..................................................................................................................... 3 III. BACKGROUND AND POLITICAL CONTEXT ................................................................... 4 IV. LEGAL FRAMEWORK ........................................................................................................... 6 A. OVERVIEW ........................................................................................................................ 6 B. EUROPEAN ELECTORAL REFORMS AND NATIONAL LEGAL FRAMEWORKS ................... 7 C. UNITED KINGDOM WITHDRAWAL FROM THE EU ............................................................ 9 D. COMPLAINTS AND APPEALS MECHANISMS ...................................................................... 9 V. ELECTORAL SYSTEM ........................................................................................................ 10 A. ADVANCE AND ALTERNATIVE VOTING METHODS ......................................................... 11 VI. SUFFRAGE RIGHTS ............................................................................................................ 12 VII. PARTICIPATION OF PERSONS WITH DISABILITIES ................................................. 14 VIII. ELECTION ADMINISTRATION .......................................................................................... 15 IX. VOTER REGISTRATION ..................................................................................................... 16 X. POLITICAL PARTIES AND CAMPAIGN FINANCE ....................................................... 18 A. SOURCES OF FUNDING .................................................................................................. 19 B. SPENDING LIMITS ........................................................................................................... 20 C. REPORTING AND DISCLOSURE OF CAMPAIGN FINANCE .............................................. 21 D. OVERSIGHT AND SANCTIONING MECHANISMS .............................................................. 21 XI. ONLINE CAMPAIGN AND SOCIAL MEDIA REGULATION ......................................... 21 XII. ELECTION OBSERVATION ................................................................................................ 25 XIII. ELECTION DAYS .................................................................................................................. 27 XIV. CONCLUSIONS ..................................................................................................................... 28 ANNEX I: LIST OF EAM RECOMMENDATIONS ........................................................................ 29 ANNEX II: TABLES OF EU MEMBER STATES’ COMPARISON ............................................. 31 ANNEX III: LIST OF EAM NATIONAL COORDINATORS AND CONTRIBUTORS .............. 37 ANNEX IV: OSCE/ODIHR RECOMMENDATIONS 2009 ............................................................ 39 ANNEX V: TABLE OF MEETINGS BY THE NAM & EAM COORDINATION TEAM IN BRUSSELS ............................................................................................................................ 40 LIST OF ABBREVIATIONS ACRE Alliance of Conservatives and Reformists in Europe AEGEE Association des États Généraux des Étudiants de l'Europe / European Students' Forum ALDE Alliance of Liberals and Democrats for Europe Party APPF Authority for European Political Parties and European Political Foundations AT Austria BE Belgium BG Bulgaria CEDAW Convention on the Elimination of All Forms of Discrimination against Women CFR Charter of Fundamental Rights CJEU Court of Justice of the European Union CoE Council of Europe CRPD Convention on the Rights of Persons with Disabilities CY Cyprus CZ Czech Republic DE Germany DK Denmark EAM Election Assessment Mission EDP European Democratic Party EE Estonia EMB Election Management Body ENF Europe of Nations and Freedom Group EOM Election Observation Mission EP European Parliament EPP European People’s Party EPRS European Parliamentary Research Service ERGA European Regulators Group for Audio-visual Media Services ES Spain EU European Union FI Finland FR France GDPR General Data Protection Regulation GR Greece GRECO Group of States against Corruption (Council of Europe) HR Croatia HU Hungary ICCPR International Covenant on Civil and Political Rights IE Ireland IT Italy LT Lithuania LU Luxembourg LV Latvia MENF Movement for a Europe of Nations and Freedom Party MEP Member of the European Parliament MT Malta NAM Needs Assessment Mission NC National Coordinators NL Netherlands ODIHR OSCE Office for Democratic Institutions and Human Rights OSCE Organisation for Security and Cooperation in Europe PES Party of European Socialists PL Poland PT Portugal PWD Persons with Disabilities RO Romania S&D Socialists & Democrats Group SE Sweden SI Slovenia SK Slovakia TEU Treaty on European Union TFEU Treaty on the Functioning of the European Union UK United Kingdom Elections to the European Parliament, 23-26 May 2019 Election Assessment Mission Final Report Election-Watch.EU I. EXECUTIVE SUMMARY For the first time, elections to the European Parliament were observed by a comprehensive citizen-led Election Assessment Mission (EAM). The Mission, with 28 national chapters, comprising over 60 international election experts and observers as well as eight like-minded citizen election observer organisations, focused on specific aspects of the electoral process, including the right to vote, the right to stand as a candidate, electoral calendars, voter registration, campaign finance, social media regulation, the participation of persons with disabilities, and conditions for election observation. The EAM followed established election observation methodology, referenced international standards and regional human rights commitments, and has been carried out on a pro bono basis across the European Union (EU). The May 2019 elections to the European Parliament were one of the biggest democratic events worldwide, with an estimated 426 million citizens eligible to vote. European voters cast their ballot to elect the 751 Members of the European Parliament (MEPs), from a total of 539 lists and 15,221 candidates in all 28 EU Member States. The campaigns for the European elections were decidedly more active than in the past, with a greater European dimension, positively resulting in an increased turnout of 50.62 per cent across the EU. European citizens were able to choose from a broad political spectrum in a largely genuine competition, although with nationalist and populist rhetoric in some Member States. Key campaign topics included immigration, the environmental crisis, and euroscepticism. In many Member States, the competition for votes remained a test for national politics rather than a contest for representation at the European level. The non-binding ‘Spitzenkandidaten principle’ was formalised by the European Parliament in 2014 to enhance the transnational character of the process and the impact of the election result on the future EU leadership. Despite increased efforts by European political parties, their lead candidates remained little known, as the parties themselves. It remained unclear prior to the elections whether and how the principle would be applied to the procedure for the appointment of the President of the European Commission. An overall legislative framework for the elections is in place at the European level. Each Member State, looks to its own electoral system and election administration – embedded within its own legal framework and electoral traditions – to carry out the elections. This results in a variance of electoral rules and procedures, contributing to these elections’ complexity. The differences extend to election days and electoral calendars, voter and candidate eligibility, voting methods, and specific aspects of the electoral system, including constituency size and electoral thresholds. Following the principle of “degressive proportionality”, smaller member states have at least six MEPs, and therefore more MEPs per capita, and larger member states have up to 96 MEPs. A number of proposals to adjust this seat allocation method have been made over the past years, with an emphasis on the need to adopt clear, objective and transparent criteria for the distribution of seats in the European Parliament, taking shifts in population numbers into account. No decisions on possible changes to the allocation method have yet been made. European citizens directly elect their representatives to the European Parliament for a five-year period. Conditions for electoral participation as a voter and as a candidate vary considerably across the EU Member States, including differing age, residency, and registration requirements. In many Member States, suffrage rights continue to be restricted based on criminal conviction, and no provisions for individual (independent) candidacy are made, at odds with international standards. Positively, a number of Member States have undertaken efforts in recent years to initiate review and to adopt legal amendments with a view to removing