MEPs conclude visit to Spain on EU electoral reform notification obstacles  

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Parliament’s delegation travelled to Madrid to assess Spain’s political and constitutional challenges to the ratification of the 2018 EU electoral reform.

Over two days of meetings (Monday 19 – Tuesday 20 May), MEPs examined key obstacles to the notification of the 2018 electoral reform in Spain. Discussions revolved around the establishment of national electoral thresholds in the European elections. MEPs exchanged views on the broader implications for EU electoral harmonisation, democratic representation, and the legal feasibility of current reform proposals.

The delegation wanted to meet with representatives of the Spanish government, but the request was not accepted. They met with the Director General of Internal Policy instead, as well as with Members of Parliament (Congreso de los Diputados and Senado) from the joint committee for the European Union and from the constitutional committee, with leading professors of constitutional and electoral law, with think tanks and foundations, officials from the national parliament and from the national electoral authority (Junta Electoral Central).

The visit, organised by the European Parliament Committee on Constitutional Affairs (AFCO), comprised the following MEPs.

Sven SIMON (EPP, DE) - AFCO Chair & Head of Delegation

Adrián VÁZQUEZ LÁZARA (EPP, ES) - rapporteur

Loránt VINCZE (EPP, RO)

Ana Miguel PEDRO (EPP, PT)

Borja GIMÉNEZ LARRAZ (EPP, ES)

Juan Fernando LÓPEZ AGUILAR (S&D, ES)

Idoia MENDIA (S&D, ES)

José CEPEDA (S&D, ES)

Juan Carlos GIRAUTA VIDAL (PfE, ES)

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At the end of the visit, Head of Delegation & AFCO Chair Sven Simon stated: “Based on our discussions, we understand that the challenges to implementing the EU electoral reform in Spain appear to be political rather than legal in nature. We therefore regret that the responsible ministers were not available to meet with the European Parliament delegation.

The decision not to transpose the European Electoral Law into Spanish legislation—despite the government’s prior support for the law in the Council of the EU—raises questions. We would encourage the parties in the Spanish Parliament to try to find a compromise and to consider submitting a legislative proposal to amend the national Electoral Law of 1985. This could help ensure that the notification of the European Electoral Law becomes a straightforward procedural step.”

Background

The 2018 electoral reform seeks to harmonise practices for the European Parliament elections across EU member states. Notification is required by all national parliaments in accordance with their constitutional procedures. Spain is the only member state that has yet to notify the reform, which among other changes, foresees the introduction of a mandatory electoral threshold, ranging between 2 % and 5 % for the allocation of seats in single constituency countries, such as Spain.

On Wednesday 9 April, the Committee on Constitutional Affairs held a hearing with guest academics to explore perennial obstacles to the EU electoral law, with a particular focus on Spain’s continued delay in ratifying the 2018 reform. Broader discussions on EU electoral reform highlighted the tension between the need for uniform rules at European level and the member states’ diverse constitutional traditions and electoral systems. Proposals such as minimum national thresholds, transnational lists and the role of European political parties continue to raise questions around legal feasibility, democratic representation, and the balance between national and EU-level governance.