European Democracy Shield

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Phase 1 of 4

Suggestions and amendments 03/02/2025 - 07/02/2025

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Changes at "Recommendation 1: A stronger role for the Court of Justice of the European Union (CJEU) in protecting the integrity of European Parliament (EP) electi"

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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 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 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: <ul><li>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. </li><li>Encouraging and providing necessary training to national electoral courts and other bodies to refer relevant questions to the CJEU in EP electoral matters.</li><li>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.</li></ul>"]
+["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:<ul><li> 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.</li><li> Encouraging and providing necessary training to national electoral courts and other bodies to refer relevant questions to the CJEU in EP electoral matters.</li><li> 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.</li></ul>"]

Deletions

-["
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.
"]
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.

Additions

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 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.

Deletions

-["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: <ul><li>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. </li><li>Encouraging and providing necessary training to national electoral courts and other bodies to refer relevant questions to the CJEU in EP electoral matters.</li><li>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.</li></ul>"]

Additions

+["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:<ul><li> 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.</li><li> Encouraging and providing necessary training to national electoral courts and other bodies to refer relevant questions to the CJEU in EP electoral matters.</li><li> 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.</li></ul>"]

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Joel Berenguer Moncada

Version created at 31/01/2025 16:08