La commission des affaires constitutionnelles a adopté le rapport d’initiative d’Andrew DUFF (ADLE, UK) sur la proposition de modification de l'acte du 20 septembre 1976 portant élection des membres du Parlement européen au suffrage universel direct.

La commission parlementaire rappelle que le Parlement est élu au suffrage direct tous les cinq ans depuis 1979 et qu'il a vu ses pouvoirs et son influence s'accroître tout au long de cette période, en particulier à la suite de l'entrée en vigueur du traité de Lisbonne. Elle souligne que le Parlement a le droit d'engager la réforme de sa procédure électorale, et d'y donner son approbation, d'engager un changement de sa composition, et d'y donner son approbation et d'engager une révision des traités.

Le rapport s’appuie sur les constatations suivantes :

• la fonction démocratique du Parlement demeure peu reconnue par l'opinion publique (la participation globale aux élections du Parlement n'a cessé de chuter, passant de 63% en 1979 à 43% en 2009),
• les partis politiques à l'échelle européenne en sont aux premiers stades de développement, les campagnes électorales continuent d'être plutôt nationales qu'européennes et les médias ne parlent pas régulièrement des travaux du Parlement ;
• le nombre de citoyens de l'Union qui résident dans un autre État membre que le leur et qui votent aux élections du Parlement européen est faible, et le nombre de ceux qui se présentent aux élections est négligeable;
• les critères de résidence pour le droit de vote varient d'un État à l'autre, tout comme le délai au-delà duquel les ressortissants d'un État membre résidant ailleurs dans l'Union européenne sont déchus de leur droit de vote dans leur pays d'origine;
• parmi les 27 États membres, l'âge minimal d'éligibilité pour se présenter aux élections varie actuellement entre 18 et 25 ans, et l'âge requis pour avoir le droit de vote de 16 à 18 ans;  or, il importe d'encourager les jeunes à participer aux élections ;
• les femmes représentent actuellement 35% des députés au Parlement européen et des efforts doivent être consentis pour continuer à réduire le déséquilibre entre les hommes et les femmes au Parlement ;
• enfin, un certain nombre d'autres questions qui pourraient être examinées en vue des élections, notamment les seuils, la vérification des pouvoirs des députés européens et le pourvoi des sièges vacants.

Dans ce contexte, les députés proposent que le Parlement européen décide de réformer sa procédure électorale bien avant les élections de 2014 afin d'améliorer la légitimité et l'efficacité du Parlement en renforçant la dimension démocratique européenne et en assurant une répartition plus juste des sièges entre les États, conformément aux traités.

Listes transnationales : la commission parlementaire propose que 25 députés européens supplémentaires soient élus au titre d'une circonscription unique correspondant à l'ensemble du territoire de l'Union européenne. Les 25 députés élus sur des listes transnationales devraient rejoindre les 751 députés choisis parmi les nationaux, de sorte que le nombre de députés s'élèverait au total à 776.

Les listes transnationales seraient composées de candidats provenant d'au moins un tiers des États et pourraient garantir une représentation équitable des hommes et des femmes. Chaque électeur pourrait exprimer une voix pour la liste paneuropéenne en plus de son vote pour la liste nationale ou régionale. Le vote pour la circonscription paneuropéenne se ferait selon le système proportionnel de liste fermée. Les sièges seraient attribués, sans seuil minimum, selon la méthode D'Hondt.

En outre, une autorité électorale serait établie à l'échelle de l'Union pour réguler le déroulement de l'élection et pour vérifier les pouvoirs des députés européens élus à partir de la liste paneuropéenne.

Répartition des sièges (proportionnalité dégressive) : en vertu du traité de Lisbonne, le Parlement est habilité à et tenu de prendre l'initiative d'une décision concernant la répartition des sièges entre les États, dans les limites d'un seuil, d'un plafond et d'un nombre total de sièges, tout en respectant le principe de la proportionnalité dégressive. Les députés demandent dès lors que le Parlement prenne l'initiative d’une proposition de décision établissant la redistribution des 751 sièges entre les États, si elle s'avère nécessaire au vu des chiffres établis par Eurostat avant chaque élection; cette décision devrait être adoptée avant la fin de la quatrième année civile de la législature.

Autres propositions : la commission parlementaire propose d'avancer le calendrier des élections européennes de juin à mai, de façon à mieux pouvoir s'organiser pour accélérer l'élection du nouveau président de la Commission et éviter le début des vacances d'été dans plusieurs États.

Les députés invitent les États et les partis politiques à promouvoir une meilleure représentation des femmes et des candidats issus de minorités afin de garantir la légitimité de l’Union. Ils invitent en outre le Conseil, la Commission et les États membres à aider les citoyens de l'Union européenne résidant dans un autre État que le leur à participer aux élections européennes dans leur pays de résidence.

D'autres suggestions comprennent la mise à jour du Protocole sur les privilèges et les immunités des députés de 1965 afin d'établir un système uniforme et supranational pour les députés au Parlement européen.

Le Parlement européen a reporté son vote sur le projet de résolution concernant la proposition de modification de l'acte du 20 septembre 1976 portant élection des membres du Parlement européen au suffrage universel direct.

Les députés ont décidé de renvoyer le dossier à la commission des affaires constitutionnelles en vue d'une discussion plus approfondie.

The Committee on Constitutional Affairs adopted by 20 votes to 4 with no abstentions an own-initiative report by Andrew Duff on a proposal for a modification of the Act concerning the election of the Members of the European Parliament by direct universal suffrage of 20 September 1976. This report follows Parliament’s right to initiate a revision of the Treaties, following the entry into force of the Lisbon Treaty.  

The resolution notes that popular recognition of Parliament's democratic function remains limited, political parties at European level are still in the early stages of development, electoral campaigning remains more national than European, and media reporting of Parliament’s proceedings is irregular. It also notes that overall turnout in the elections to Parliament has fallen steadily from 63 % in 1979 to 43% in 2009. Accordingly, Members wish to reform Parliament’s electoral procedure in good time before the 2014 elections with the aim of enhancing the legitimacy and efficacy of Parliament by strengthening the European democratic dimension and by providing for a fairer distribution of seats among the States in accordance with the Treaties.  The main proposals are as follows:

An additional 25 MEPs elected from transnational lists: Members propose that an additional 25 MEPs be elected by a single constituency formed of the whole territory of the EU, with transnational lists composed of candidates drawn from at least one third of the States. They also want to ensure an adequate gender representation. Each elector would be enabled to cast one vote for the EU-wide list in addition to their vote for the national or regional list. Voting for the EU constituency would be in accordance with the closed list proportional system; and seats would be allocated without a minimum threshold in accordance with the D'Hondt method.

The report also proposes that an electoral authority be established at EU level in order to regulate the conduct and to verify the result of the election taking place from the EU-wide list.

Degressive proportionality and a mathematical formula: the report notes that Parliament is empowered and obliged by the Lisbon Treaty to initiate a decision to redistribute seats among States within the constraints of threshold, ceiling and overall size, while respecting the principle of degressive proportionality. The Lisbon Treaty states that 751 representatives shall be elected in the Member States. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats. Members cite the Lamassoure-Severin Report of 2007 defining how the principle of degressive proportionality should be applied in practice: the ratio between the population and the number of seats of each Member State must vary in relation to their respective populations in such a way that each Member from a more populous Member State represents more citizens than each Member from a less populous Member State and conversely, but also that no less populous Member State has more seats than a more populous Member State.

However, Members point out that the principle of degressive proportionality has yet to be applied in practice. The report proposes that the allocation of those seats among the States shall be reviewed regularly. Before the end of the fourth calendar year of the parliamentary term, the European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision on the allocation of seats during the following parliamentary term.

Members propose to enter into a dialogue with the European Council to explore the possibility of reaching agreement on a durable and transparent mathematical formula for the apportionment of seats in Parliament respecting the criteria laid down in the Treaties and the principles of plurality between political parties and solidarity among States.

Parliament elections in May rather than June: the report determines to bring forward the timing of the European elections from June to May. It recalls that Parliament has urged the Council to bring forward the date of the election to May so that it can better organise itself to expedite the election of the new Commission President and avoid the beginning of the summer vacation in several States.

Increase representation of women: the number of women MEPs now stands at 35%. Members consider that efforts should be made to reduce further the gender imbalance in Parliament, especially in certain States. They call on Member States and political parties to promote the better representation of women and minority candidates, and consider it important for the legitimacy of the Union that Parliament's composition reflects the diversity of Europe's peoples.

Participation of citizens resident in a Member States of which they are not nationals: the report calls on the Council, Commission and Member States to intensify efforts to help EU citizens resident in a State other than their own to participate in the European elections in their country of residence. In this context, it requests the Commission to submit a new proposal for the revision of Council Directive 93/109/EC laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals. Members suggest the abolition of the current information exchange system, whose function might be taken over by an electoral roll at EU level for the elections to Parliament.

Amendment of 1965 Protocol on Privileges and Immunities: the report notes that Parliament lacks an autonomous system for regulating the legal privileges and immunities of its Members. It recalls that the Council has previously agreed to examine the request of Parliament to revise the 1965 Protocol on Privileges and Immunities once the Members' Statute had entered into force. Accordingly, Members reiterate their long-standing request that the 1965 Protocol on Privileges and Immunities be amended with a view to establishing a uniform supranational regime for Members of the European Parliament.

The Committee on Constitutional Affairs adopted by 20 votes to 4 with no abstentions an own-initiative report by Andrew Duff on a proposal for a modification of the Act concerning the election of the Members of the European Parliament by direct universal suffrage of 20 September 1976. This report follows Parliament's right to initiate a revision of the Treaties, following the entry into force of the Lisbon Treaty.  

The resolution notes that popular recognition of Parliament's democratic function remains limited, political parties at European level are still in the early stages of development, electoral campaigning remains more national than European, and media reporting of Parliament's proceedings is irregular. It also notes that overall turnout in the elections to Parliament has fallen steadily from 63 % in 1979 to 43% in 2009. Accordingly, Members wish to reform Parliament's electoral procedure in good time before the 2014 elections with the aim of enhancing the legitimacy and efficacy of Parliament by strengthening the European democratic dimension and by providing for a fairer distribution of seats among the States in accordance with the Treaties.  The main proposals are as follows:

An additional 25 MEPs elected from transnational lists: Members propose that an additional 25 MEPs be elected by a single constituency formed of the whole territory of the EU, with transnational lists composed of candidates drawn from at least one third of the States. They also want to ensure an adequate gender representation. Each elector would be enabled to cast one vote for the EU-wide list in addition to their vote for the national or regional list. Voting for the EU constituency would be in accordance with the closed list proportional system; and seats would be allocated without a minimum threshold in accordance with the D'Hondt method.

The report also proposes that an electoral authority be established at EU level in order to regulate the conduct and to verify the result of the election taking place from the EU-wide list.

Degressive proportionality and a mathematical formula: the report notes that Parliament is empowered and obliged by the Lisbon Treaty to initiate a decision to redistribute seats among States within the constraints of threshold, ceiling and overall size, while respecting the principle of degressive proportionality. The Lisbon Treaty states that 751 representatives shall be elected in the Member States. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats. Members cite the Lamassoure-Severin Report of 2007 defining how the principle of degressive proportionality should be applied in practice: the ratio between the population and the number of seats of each Member State must vary in relation to their respective populations in such a way that each Member from a more populous Member State represents more citizens than each Member from a less populous Member State and conversely, but also that no less populous Member State has more seats than a more populous Member State.

However, Members point out that the principle of degressive proportionality has yet to be applied in practice. The report proposes that the allocation of those seats among the States shall be reviewed regularly. Before the end of the fourth calendar year of the parliamentary term, the European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision on the allocation of seats during the following parliamentary term.

Members propose to enter into a dialogue with the European Council to explore the possibility of reaching agreement on a durable and transparent mathematical formula for the apportionment of seats in Parliament respecting the criteria laid down in the Treaties and the principles of plurality between political parties and solidarity among States.

Parliament elections in May rather than June: the report determines to bring forward the timing of the European elections from June to May. It recalls that Parliament has urged the Council to bring forward the date of the election to May so that it can better organise itself to expedite the election of the new Commission President and avoid the beginning of the summer vacation in several States.

Increase representation of women: the number of women MEPs now stands at 35%. Members consider that efforts should be made to reduce further the gender imbalance in Parliament, especially in certain States. They call on Member States and political parties to promote the better representation of women and minority candidates, and consider it important for the legitimacy of the Union that Parliament's composition reflects the diversity of Europe's peoples.

Participation of citizens resident in a Member States of which they are not nationals: the report calls on the Council, Commission and Member States to intensify efforts to help EU citizens resident in a State other than their own to participate in the European elections in their country of residence. In this context, it requests the Commission to submit a new proposal for the revision of Council Directive 93/109/EC laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals. Members suggest the abolition of the current information exchange system, whose function might be taken over by an electoral roll at EU level for the elections to Parliament.

Amendment of 1965 Protocol on Privileges and Immunities: the report notes that Parliament lacks an autonomous system for regulating the legal privileges and immunities of its Members. It recalls that the Council has previously agreed to examine the request of Parliament to revise the 1965 Protocol on Privileges and Immunities once the Members' Statute had entered into force. Accordingly, Members reiterate their long-standing request that the 1965 Protocol on Privileges and Immunities be amended with a view to establishing a uniform supranational regime for Members of the European Parliament.

The European Parliament postponed its vote on the draft resolution on the proposal for a modification of the Act concerning the election of the Members of the European Parliament by direct universal suffrage of 20 September 1976.

Members decided to refer the matter back to the Constitutional Affairs Committee for further discussion.

The Committee on Constitutional Affairs adopted by 20 votes to 4 with no abstentions an own-initiative report by Andrew Duff on a proposal for a modification of the Act concerning the election of the Members of the European Parliament by direct universal suffrage of 20 September 1976. This report follows Parliament's right to initiate a revision of the Treaties, following the entry into force of the Lisbon Treaty.  

The resolution notes that popular recognition of Parliament's democratic function remains limited, political parties at European level are still in the early stages of development, electoral campaigning remains more national than European, and media reporting of Parliament's proceedings is irregular. It also notes that overall turnout in the elections to Parliament has fallen steadily from 63 % in 1979 to 43% in 2009. Accordingly, Members wish to reform Parliament's electoral procedure in good time before the 2014 elections with the aim of enhancing the legitimacy and efficacy of Parliament by strengthening the European democratic dimension and by providing for a fairer distribution of seats among the States in accordance with the Treaties.  The main proposals are as follows:

An additional 25 MEPs elected from transnational lists: Members propose that an additional 25 MEPs be elected by a single constituency formed of the whole territory of the EU, with transnational lists composed of candidates drawn from at least one third of the States. They also want to ensure an adequate gender representation. Each elector would be enabled to cast one vote for the EU-wide list in addition to their vote for the national or regional list. Voting for the EU constituency would be in accordance with the closed list proportional system; and seats would be allocated without a minimum threshold in accordance with the D'Hondt method.

The report also proposes that an electoral authority be established at EU level in order to regulate the conduct and to verify the result of the election taking place from the EU-wide list.

Degressive proportionality and a mathematical formula: the report notes that Parliament is empowered and obliged by the Lisbon Treaty to initiate a decision to redistribute seats among States within the constraints of threshold, ceiling and overall size, while respecting the principle of degressive proportionality. The Lisbon Treaty states that 751 representatives shall be elected in the Member States. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats. Members cite the Lamassoure-Severin Report of 2007 defining how the principle of degressive proportionality should be applied in practice: the ratio between the population and the number of seats of each Member State must vary in relation to their respective populations in such a way that each Member from a more populous Member State represents more citizens than each Member from a less populous Member State and conversely, but also that no less populous Member State has more seats than a more populous Member State.

However, Members point out that the principle of degressive proportionality has yet to be applied in practice. The report proposes that the allocation of those seats among the States shall be reviewed regularly. Before the end of the fourth calendar year of the parliamentary term, the European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision on the allocation of seats during the following parliamentary term.

Members propose to enter into a dialogue with the European Council to explore the possibility of reaching agreement on a durable and transparent mathematical formula for the apportionment of seats in Parliament respecting the criteria laid down in the Treaties and the principles of plurality between political parties and solidarity among States.

Parliament elections in May rather than June: the report determines to bring forward the timing of the European elections from June to May. It recalls that Parliament has urged the Council to bring forward the date of the election to May so that it can better organise itself to expedite the election of the new Commission President and avoid the beginning of the summer vacation in several States.

Increase representation of women: the number of women MEPs now stands at 35%. Members consider that efforts should be made to reduce further the gender imbalance in Parliament, especially in certain States. They call on Member States and political parties to promote the better representation of women and minority candidates, and consider it important for the legitimacy of the Union that Parliament's composition reflects the diversity of Europe's peoples.

Participation of citizens resident in a Member States of which they are not nationals: the report calls on the Council, Commission and Member States to intensify efforts to help EU citizens resident in a State other than their own to participate in the European elections in their country of residence. In this context, it requests the Commission to submit a new proposal for the revision of Council Directive 93/109/EC laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals. Members suggest the abolition of the current information exchange system, whose function might be taken over by an electoral roll at EU level for the elections to Parliament.

Amendment of 1965 Protocol on Privileges and Immunities: the report notes that Parliament lacks an autonomous system for regulating the legal privileges and immunities of its Members. It recalls that the Council has previously agreed to examine the request of Parliament to revise the 1965 Protocol on Privileges and Immunities once the Members' Statute had entered into force. Accordingly, Members reiterate their long-standing request that the 1965 Protocol on Privileges and Immunities be amended with a view to establishing a uniform supranational regime for Members of the European Parliament.

The Committee on Constitutional Affairs adopted a second report by Andrew DUFF (ADLE, UK) on a proposal for a modification of the Act concerning the election of the members of the European Parliament by direct universal suffrage of 20 September 1976.

On 7 July 2011, the European Parliament postponed its vote on the draft resolution on the proposal and decided to refer the matter back to the Constitutional Affairs Committee for further discussion.

In this second report, Members recommend once again that the European Parliament should decide to reform its electoral procedure with the aim of enhancing the legitimacy and efficacy of Parliament by strengthening the European democratic dimension and by providing for a fairer distribution of seats among the States in accordance with the Treaties.

Pan-European lists: the committee proposes that 25 MEPs be elected by a single constituency formed of the whole territory of the European Union.

Pan-European lists would be composed of candidates drawn from at least one third of the States, and may ensure an adequate gender representation. Each elector would be enabled to cast one vote for the EU-wide list in addition to their vote for the national or regional list; and seats would be allocated without a minimum threshold in accordance with the D'Hondt method.

Further, the committee proposes that an electoral authority be established at EU level in order to regulate the conduct and to verify the result of the election taking place from the pan-European list.

Redistribution of seats (degressive proportionality): Parliament is empowered and obliged by the Lisbon Treaty to initiate a decision to redistribute seats among States within the constraints of threshold, ceiling and overall size, while respecting the principle of degressive proportionality. Members propose that Parliament, acting by a majority of its component Members, will initiate a proposal for a decision establishing its composition taking into account the accession of new Member States and on the basis of populationfigures established by Eurostat. This decision should be initiated during each parliamentary term and adopted, with its consent, before the end of the fourth calendar year of the parliamentary term.

Members suggest entering into a dialogue with the European Council to explore the possibility of reaching agreement on a durable and transparent apportionment of seats in Parliament respecting the criteria laid down in the Treaties and the principles of plurality between political parties and solidarity among States.

The report also suggests the following:

• that the date of the European elections shall be determined by the European Parliament, acting by a majority of its component Members and with the approval of the Council, no sooner than one year, and no later than sixth months, before the end of the five-year term;
• the need to promote the better representation of women and minority candidates;
• the importance of ensuring that political parties adhere to democratic principles in the selection of candidates at all levels;
• the Council, the Commission and States should intensify efforts to help EU citizens resident in a State other than their own to participate in the European elections in their country of residence; in this context, requests the Commission to submit a new proposal for the revision of Directive 93/109/EC;
• that the Protocol on Privileges and Immunities be amended with a view to establishing a uniform supranational regime for Members of the European Parliament.

In conclusion, the committee calls for the opening of a dialogue with the Council, with the participation of the Commission, on the comprehensive amendment of the Act concerning the election of the members of the European Parliament by direct universal suffrage. It notes the need to reach consensus in particular on the timing of the reforms, the overall size of the Parliament and seat apportionment within it (including a legal definition of degressive proportionality), and the voting system to be used for the pan-European constituency. It instructs a European Parliament delegation, appointed by the Conference of Presidents and empowered with a clear mandate, to initiate that dialogue with the Council.