European Democracy Shield

On the issues of rule of law, our work leads us to believe the Democracy Shield package should include the following measures:

The EP elections are crucial for the democratic legitimacy of all EU decision-making. Serious challenges are present in several Member States to free and fair EP elections. Moreover, adverse external actors might also interfere with the election process which require decisive, unified and EU-level response, given that Member States separately often lack the necessary deterrence capacity what the EU as a whole possesses.

In order to protect the equality of the vote of all EU citizens, and to maintain a high level of democratic legitimacy for the EP, the role of the CJEU should be strengthened in providing final interpretation on EU electoral law. This would address existing power imbalances where national courts oversee EP elections. Such an arrangement risks undermining the uniform applicability of EU law across Member States and threatens the equality of the vote. Courts in Member States like Hungary, where judicial independence is under strain, exemplify the need for a stronger CJEU role.

A more active CJEU role would align with priorities 3 (rule of law), 4 (election integrity), 8 (judicial independence and institutional checks), and 21 of the Charter of Fundamental Rights of the EU. To achieve this aim, the Commission should work closely with all relevant partners in the following areas:

• Establishing an emergency preliminary ruling procedure for EP elections which allows the CJEU to provide national electoral courts with answers in election-related questions within a timeframe suitable for the fast-paced electoral process.


• Encouraging and providing necessary training to national electoral courts and other bodies to refer relevant questions to the CJEU in EP electoral matters.


• Following the EP electoral process closely in all Member States and responding quickly and effectively with all necessary tools, including the use of the infringement procedure.

The proposed measures are necessary to achieve the following goals:

• Equality of the vote requires a uniform interpretation of EU law on EP elections across all Member States. While the implementation of these provisions remains with the Member States, the CJEU should ensure that these provisions are interpreted and applied properly across the EU.


• Challenges of democracy and the rule of law in more than one Member State require a stronger oversight of national implementation of EU law on EP elections. The CJEU is crucial in preventing a crisis of legitimacy of the EP and of the EU, in case the EP election is heavily tinted by unfair practices in a Member State and the legitimacy of respective MEPs is questioned.

The election of the EP is a prime example of an area covered by EU law: EP elections are unconceivable without the EU. The division of competencies are clear with the Member States being free to organise the EP elections within their jurisdictions freely, as far as EU law – including the Treaties, the Charter of Fundamental Rights and the 1976 Electoral Act – is duly observed.

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