European Democracy Shield
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Recommendation 2: The integrity of the electoral process should be strengthened before the 2029 election cycle.
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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