BETA


2020/2136(INI) Assessment of the implementation of Article 50 TEU

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead AFCO HÜBNER Danuta Maria (icon: EPP EPP) SILVA PEREIRA Pedro (icon: S&D S&D), GOERENS Charles (icon: Renew Renew), DELBOS-CORFIELD Gwendoline (icon: Verts/ALE Verts/ALE), RINALDI Antonio Maria (icon: ID ID), BOURGEOIS Geert (icon: ECR ECR), PIMENTA LOPES João (icon: GUE/NGL GUE/NGL)
Committee Opinion INTA HANSEN Christophe (icon: EPP EPP)
Committee Opinion EMPL
Committee Opinion AFET SCHIEDER Andreas (icon: S&D S&D) Anna FOTYGA (icon: ECR ECR), David MCALLISTER (icon: PPE PPE), Nathalie LOISEAU (icon: RE RE), Idoia VILLANUEVA RUIZ (icon: GUE/NGL GUE/NGL)
Lead committee dossier:
Legal Basis:
RoP 54

Events

2022/02/16
   EP - Decision by Parliament
Details

The European Parliament adopted by 516 votes to 85, with 91 abstentions, a resolution on the assessment of the implementation of Article 50 of the EU Treaty.

Article 50 TEU, by providing explicitly for withdrawal under EU law, establishes the only procedure under which a Member State may lawfully withdraw from the EU. Members stated that the provisions of Article 50 TEU and the way in which they have been interpreted and implemented reflect and uphold the common values and goals that are at the foundation of the Union, in particular freedom, democracy and the rule of law.

Noting the United Kingdom's withdrawal from the European Union, while regretting it, Parliament declared that Article 50 of the EU Treaty has met its objectives of preserving the sovereign right of a Member State to withdraw from the European Union, thus explicitly confirming the voluntary nature of EU membership, and of ensuring the orderly withdrawal of the United Kingdom from the Union, while allowing for the subsequent building of an enhanced relationship between the EU and the UK as a third country.

EU priorities

Parliament considers that the aims of Article 50 TEU and the withdrawal negotiations with the UK of ensuring disentanglement from the Union, providing legal stability and minimising disruption, and providing a clear vision of the future for citizens and legal entities by ensuring an orderly withdrawal, while protecting the integrity and interests of the European Union, its citizens and its Member States, were generally achieved.

The protection of the rights of the millions of EU citizens in the UK and UK nationals in the EU affected by the withdrawal, the special circumstances confronting the island of Ireland and a single financial settlement were key in structuring the process and stabilising its impact in the Union. Members considered, however, that there should have been more clarity during the negotiations regarding the resolution of any disputes that might arise from the application of the withdrawal agreement, particularly in regard to the role of the Court of Justice.

Parliament appreciated that the negotiations with the United Kingdom prioritised the issue of the rights of citizens. Moreover, the Union clearly identified from the outset of the process that the specific circumstances of the island of Ireland and the need to safeguard the Good Friday Agreement and mitigate the effects of the United Kingdom’s withdrawal on Ireland were issues that concerned the EU as a whole.

Members recalled that the framework for the future relationship between the EU and the UK is laid down in the Political Declaration accompanying the Withdrawal Agreement, which includes clear provisions established by both parties on cooperation in the areas of foreign policy, security and defence.

Flexibility under Article 50 of the EU Treaty

Although the withdrawal is not conditional upon an agreement between the withdrawing Member State and the Union, the process of the withdrawal of the UK shows the importance of concluding an agreement on the withdrawal arrangements , particularly with a view to protecting the rights and legitimate expectations of the citizens affected.

Members consider that Article 50 TEU strikes a good balance between ensuring a legally sound withdrawal process and safeguarding the political flexibility necessary for adaptation to the specific circumstances. They note, however, the lack of detail in the provisions of Article 50 TEU on the following aspects:

- the formal requirements for the notification of the intention to leave and the explicit possibility of its revocation;

- the appropriate framework for the extension of the two-year period set out under Article 50(3) TEU, allowing for flexibility in the negotiations while respecting the principle of sincere cooperation;

- the implications of the obligation to take into account the framework for the future relationship;

- the application of the provisions of Article 218 TFEU, in particular on the role of the European Parliament and of the Court of Justice of the European Union;

- possible transitional arrangements.

Given the unpredictability of the withdrawal process, the withdrawal provisions of the TEU should ensure legal certainty for the vast number of EU citizens and citizens of the departing Member State affected by the withdrawal, by safeguarding their rights obtained on the basis of EU law. Members consider that the EU institutions could have done more to inform citizens during the different phases of the withdrawal process.

The role of the institutions in the withdrawal process

Members believe that the EU institutions and the Member States have collectively been responsive and have followed a coherent and unified approach by providing for a timely, clear and well-structured definition of the aspects of the withdrawal process.

Parliament has played a pivotal role in the entire withdrawal process and has actively contributed to the identification of strategies and to the protection of the interests and priorities of the EU and its citizens with duly substantiated resolutions. The European Council played an aggregating and stabilising role in the process. The Commission and Member States, at all levels of public administration, have acted to inform and prepare citizens and the private sector through the adoption of unilateral and temporary emergency measures to deal with the possibility of no agreement and a disorderly withdrawal.

Members stressed the relevance of the core principles proposed by the European Parliament and introduced by the European Council in its successive negotiation guidelines, which were subsequently implemented in the negotiations and consist of:

- protecting citizens’ rights derived from their status as EU citizens;

- acting in the interest of the Union and preserving its constitutional integrity and the autonomy of its decision-making;

- safeguarding the role of the Court of Justice of the European Union;

- preserving the financial stability of the Union;

- defending the withdrawing state’s enjoyment of all the rights and fulfilment of all the obligations derived from the Treaties, including the principle of sincere cooperation;

- defending the clear difference in status between Member States and non-member states, as a state having exited the Union cannot have the same rights and obligations as a Member State.

The resolution insisted that the parliamentary powers regarding the scrutiny phase should be guaranteed and exercised with sufficient time as regards the conclusion of any international agreements, including in the case of provisional applications, in particular, if concluded in the context of a withdrawal from the European Union. In this respect, it noted the importance of ensuring that Parliament be informed at all stages of the procedure of negotiations between the Union and third countries and that it must be kept informed on an equal footing with the Council.

Issues for reflection

Members considered that Article 50 TEU allows for the solving of the procedural aspect of a Member State’s withdrawal, but does not solve the significant political, social and economic consequences and disruptive effects of the withdrawal of a Member State from the EU, within and across the Member States and internationally.

Parliament reiterated its call for an in-depth reflection on the withdrawal of the UK from the European Union, and on its impact on the future of the EU. It believes that it is the responsibility and role of the Union and its Member States to do more to preserve the European integration process, protect European values and principles, including the principle of sincere cooperation, and prevent the repetition of a withdrawal from the EU. It emphasised that safeguards should be established to ensure that the public debate preceding the triggering of Article 50 TEU by a Member State allows for citizens concerned to make an informed decision.

Documents
2022/02/14
   EP - Debate in Parliament
2021/12/21
   EP - Committee report tabled for plenary, single reading
Documents
2021/12/21
   EP - Committee report tabled for plenary
Documents
2021/12/09
   EP - Vote in committee
2021/07/21
   EP - Amendments tabled in committee
Documents
2021/06/04
   EP - Committee opinion
Documents
2021/05/31
   EP - Committee draft report
Documents
2021/05/26
   EP - Specific opinion
Documents
2020/09/17
   EP - Committee referral announced in Parliament
2020/07/07
   EP - SCHIEDER Andreas (S&D) appointed as rapporteur in AFET
2020/06/11
   EP - HANSEN Christophe (EPP) appointed as rapporteur in INTA
2020/02/19
   EP - HÜBNER Danuta Maria (EPP) appointed as rapporteur in AFCO

Documents

Votes

Évaluation de la mise en œuvre de l’article 50 du traité UE - Assessment of the implementation of Article 50 TEU - Bewertung der Umsetzung von Artikel 50 EUV - A9-0357/2021 - Danuta Maria Hübner - § 2/1 #

2022/02/15 Outcome: +: 690, 0: 6, -: 3
DE FR IT ES PL RO NL EL SE HU BE CZ AT PT BG FI SK DK IE HR LT LV SI EE CY LU MT
Total
94
79
76
59
52
33
29
21
21
21
20
21
19
21
17
14
13
13
13
12
11
8
8
7
6
6
5
icon: PPE PPE
175

Hungary PPE

1

Denmark PPE

For (1)

1

Latvia PPE

2

Estonia PPE

For (1)

1
2

Luxembourg PPE

2

Malta PPE

For (1)

1
icon: S&D S&D
143

Greece S&D

2

Czechia S&D

For (1)

1

Slovakia S&D

2

Lithuania S&D

2

Latvia S&D

2

Slovenia S&D

2

Estonia S&D

2

Cyprus S&D

2

Luxembourg S&D

For (1)

1
icon: Renew Renew
100

Italy Renew

3

Poland Renew

1
3

Hungary Renew

2

Austria Renew

For (1)

1

Finland Renew

3

Ireland Renew

2

Croatia Renew

For (1)

1

Lithuania Renew

1

Latvia Renew

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1

Slovenia Renew

2

Estonia Renew

3

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2
icon: Verts/ALE Verts/ALE
72

Spain Verts/ALE

3

Poland Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Belgium Verts/ALE

2

Czechia Verts/ALE

3

Austria Verts/ALE

3

Portugal Verts/ALE

1

Finland Verts/ALE

3

Denmark Verts/ALE

2

Ireland Verts/ALE

2

Lithuania Verts/ALE

For (1)

Abstain (1)

2

Latvia Verts/ALE

1

Luxembourg Verts/ALE

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1
icon: ECR ECR
64

Germany ECR

1

Romania ECR

1

Greece ECR

1

Bulgaria ECR

2

Slovakia ECR

For (1)

1

Croatia ECR

1

Lithuania ECR

1

Latvia ECR

2
icon: ID ID
66

Netherlands ID

Against (1)

1

Czechia ID

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Against (1)

2
3

Finland ID

2

Denmark ID

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1

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1
icon: NI NI
40

Slovakia NI

2

Croatia NI

2

Lithuania NI

1
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39

Netherlands The Left

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1

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1

Belgium The Left

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1

Czechia The Left

1

Portugal The Left

4

Finland The Left

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1

Denmark The Left

1

Cyprus The Left

2

A9-0357/2021 - Danuta Maria Hübner - § 2/2 #

2022/02/15 Outcome: +: 593, -: 92, 0: 15
DE ES PL RO IT NL HU FR AT BG CZ PT BE EL SE HR LT FI SK DK LV SI IE LU MT EE CY
Total
95
59
52
33
76
29
21
79
19
17
21
21
20
21
21
12
11
14
13
13
8
8
13
6
5
7
6
icon: PPE PPE
175

Hungary PPE

1

Denmark PPE

For (1)

1

Latvia PPE

2

Luxembourg PPE

2

Malta PPE

For (1)

1

Estonia PPE

For (1)

1
2
icon: S&D S&D
144

Czechia S&D

For (1)

1

Greece S&D

2

Lithuania S&D

2

Slovakia S&D

2

Latvia S&D

2

Slovenia S&D

2

Luxembourg S&D

For (1)

1

Estonia S&D

2

Cyprus S&D

2
icon: Renew Renew
100

Poland Renew

1

Italy Renew

3

Hungary Renew

2

Austria Renew

For (1)

1
3

Croatia Renew

For (1)

1

Lithuania Renew

1

Finland Renew

3

Latvia Renew

For (1)

1

Slovenia Renew

2

Ireland Renew

2

Luxembourg Renew

2

Estonia Renew

3
icon: Verts/ALE Verts/ALE
72

Spain Verts/ALE

3

Poland Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Austria Verts/ALE

3

Czechia Verts/ALE

3

Portugal Verts/ALE

1

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Lithuania Verts/ALE

For (1)

Abstain (1)

2

Finland Verts/ALE

3

Denmark Verts/ALE

2

Latvia Verts/ALE

1

Ireland Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
64

Germany ECR

1

Romania ECR

1

Bulgaria ECR

2

Greece ECR

1
3

Croatia ECR

1

Lithuania ECR

1

Slovakia ECR

For (1)

1

Latvia ECR

2
icon: NI NI
40

Germany NI

Against (1)

3

Croatia NI

2

Lithuania NI

1

Slovakia NI

2
icon: The Left The Left
39

Netherlands The Left

Abstain (1)

1

Czechia The Left

Abstain (1)

1

Portugal The Left

4

Belgium The Left

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1

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1

Finland The Left

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1

Denmark The Left

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1

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4

Cyprus The Left

2
icon: ID ID
66

Netherlands ID

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1
3

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2

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2

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1

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1

A9-0357/2021 - Danuta Maria Hübner - § 15 #

2022/02/15 Outcome: +: 506, -: 114, 0: 80
DE ES RO PL FR AT IT PT NL BG SE BE CZ LT HR FI SK SI EL IE LU LV DK MT EE CY HU
Total
95
59
33
52
79
19
76
21
29
17
21
20
21
11
12
14
13
8
21
13
6
8
13
5
7
6
21
icon: PPE PPE
175

Luxembourg PPE

2

Latvia PPE

2

Denmark PPE

For (1)

1

Malta PPE

For (1)

1

Estonia PPE

For (1)

1
2

Hungary PPE

Against (1)

1
icon: S&D S&D
144

Czechia S&D

For (1)

1

Lithuania S&D

2

Slovakia S&D

2

Slovenia S&D

2

Greece S&D

2

Luxembourg S&D

For (1)

1

Latvia S&D

2

Estonia S&D

2

Cyprus S&D

2
icon: Renew Renew
100

Poland Renew

1

Austria Renew

For (1)

1

Italy Renew

3
3

Lithuania Renew

1

Croatia Renew

For (1)

1

Finland Renew

3

Slovenia Renew

2

Ireland Renew

2

Luxembourg Renew

2

Latvia Renew

For (1)

1

Estonia Renew

3

Hungary Renew

2
icon: Verts/ALE Verts/ALE
72

Spain Verts/ALE

3

Poland Verts/ALE

For (1)

1

Austria Verts/ALE

3

Portugal Verts/ALE

1

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Belgium Verts/ALE

2

Czechia Verts/ALE

3

Lithuania Verts/ALE

For (1)

Abstain (1)

2

Finland Verts/ALE

3

Ireland Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Denmark Verts/ALE

2
icon: ECR ECR
64

Germany ECR

Abstain (1)

1

Romania ECR

Abstain (1)

1

Netherlands ECR

Abstain (1)

5

Bulgaria ECR

2
3

Lithuania ECR

Abstain (1)

1

Croatia ECR

Abstain (1)

1

Slovakia ECR

Abstain (1)

1

Greece ECR

Abstain (1)

1

Latvia ECR

2
icon: NI NI
40

Germany NI

Against (1)

Abstain (1)

3

Lithuania NI

1

Croatia NI

2

Slovakia NI

2
icon: The Left The Left
39

Germany The Left

Against (1)

5

Portugal The Left

4

Netherlands The Left

Abstain (1)

1

Sweden The Left

Against (1)

1

Belgium The Left

Against (1)

1

Czechia The Left

Against (1)

1

Finland The Left

Abstain (1)

1

Ireland The Left

Abstain (1)

4

Denmark The Left

Against (1)

1

Cyprus The Left

2
icon: ID ID
66
3

Netherlands ID

Against (1)

1

Czechia ID

Against (2)

2

Finland ID

2

Denmark ID

Against (1)

1

Estonia ID

Against (1)

1

A9-0357/2021 - Danuta Maria Hübner - § 16 - Am 2 #

2022/02/15 Outcome: -: 544, +: 100, 0: 54
HU MT EE CY LU LV SK HR SI LT FI BE DK CZ AT IE SE EL BG NL IT PT PL RO FR ES DE
Total
21
5
7
6
6
8
13
12
8
11
14
20
13
21
19
13
21
19
17
29
76
21
52
33
79
59
95
icon: ID ID
66

Estonia ID

For (1)

1

Finland ID

2

Denmark ID

For (1)

1

Czechia ID

2
3

Netherlands ID

1
icon: ECR ECR
64

Latvia ECR

Against (1)

Abstain (1)

2

Slovakia ECR

Abstain (1)

1

Croatia ECR

Abstain (1)

1

Lithuania ECR

Abstain (1)

1

Greece ECR

Abstain (1)

1

Bulgaria ECR

2

Romania ECR

Abstain (1)

1

Germany ECR

Abstain (1)

1
icon: NI NI
38

Slovakia NI

2

Croatia NI

Abstain (1)

2

Lithuania NI

Against (1)

1

Greece NI

For (1)

2

Germany NI

Abstain (1)

3
icon: The Left The Left
39

Cyprus The Left

2

Finland The Left

Against (1)

1

Belgium The Left

Against (1)

1

Denmark The Left

Against (1)

1

Czechia The Left

Against (1)

1

Ireland The Left

4

Sweden The Left

Against (1)

1

Netherlands The Left

For (1)

1
icon: Verts/ALE Verts/ALE
72

Luxembourg Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1

Lithuania Verts/ALE

Against (1)

Abstain (1)

2

Finland Verts/ALE

3

Belgium Verts/ALE

2

Denmark Verts/ALE

2

Czechia Verts/ALE

3

Austria Verts/ALE

3

Ireland Verts/ALE

2

Sweden Verts/ALE

3

Netherlands Verts/ALE

3

Portugal Verts/ALE

Against (1)

1

Poland Verts/ALE

Against (1)

1

Spain Verts/ALE

3
icon: Renew Renew
100

Hungary Renew

2

Estonia Renew

3

Luxembourg Renew

2

Latvia Renew

Against (1)

1

Croatia Renew

Against (1)

1

Slovenia Renew

2

Lithuania Renew

Against (1)

1

Finland Renew

3

Austria Renew

Against (1)

1

Ireland Renew

2

Sweden Renew

3

Bulgaria Renew

3

Italy Renew

3

Poland Renew

1
icon: S&D S&D
144
4

Estonia S&D

2

Cyprus S&D

2

Luxembourg S&D

Against (1)

1

Latvia S&D

2

Slovakia S&D

2

Slovenia S&D

Against (2)

2

Lithuania S&D

2

Finland S&D

2

Belgium S&D

3

Czechia S&D

Against (1)

1

Greece S&D

2
icon: PPE PPE
175

Hungary PPE

Against (1)

1

Malta PPE

Against (1)

1

Estonia PPE

Against (1)

1

Cyprus PPE

2

Luxembourg PPE

2

Latvia PPE

2

Slovenia PPE

4

Denmark PPE

Against (1)

1

A9-0357/2021 - Danuta Maria Hübner - § 17/1 #

2022/02/15 Outcome: +: 662, 0: 19, -: 19
DE FR IT ES PL RO NL HU SE PT BG CZ BE EL AT SK IE HR LT FI LV SI DK LU MT EE CY
Total
95
79
76
59
52
33
29
21
21
21
17
21
20
21
19
13
13
12
11
14
8
8
13
6
5
7
6
icon: PPE PPE
175

Hungary PPE

1

Latvia PPE

2

Denmark PPE

For (1)

1

Luxembourg PPE

2

Malta PPE

For (1)

1

Estonia PPE

For (1)

1
2
icon: S&D S&D
144

Czechia S&D

For (1)

1

Greece S&D

2

Slovakia S&D

2

Lithuania S&D

2

Latvia S&D

2

Slovenia S&D

2

Luxembourg S&D

For (1)

1

Estonia S&D

2

Cyprus S&D

2
icon: Renew Renew
100

Italy Renew

3

Poland Renew

1

Hungary Renew

2
3

Austria Renew

For (1)

1

Ireland Renew

2

Croatia Renew

For (1)

1

Lithuania Renew

1

Finland Renew

3

Latvia Renew

For (1)

1

Slovenia Renew

2

Luxembourg Renew

2

Estonia Renew

3
icon: Verts/ALE Verts/ALE
72

Spain Verts/ALE

3

Poland Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Portugal Verts/ALE

1

Czechia Verts/ALE

3

Belgium Verts/ALE

2

Austria Verts/ALE

3

Ireland Verts/ALE

2

Lithuania Verts/ALE

For (1)

Abstain (1)

2

Finland Verts/ALE

3

Latvia Verts/ALE

1

Denmark Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
64

Germany ECR

1

Romania ECR

1

Bulgaria ECR

2

Greece ECR

1

Slovakia ECR

For (1)

1

Croatia ECR

1

Lithuania ECR

1

Latvia ECR

2
icon: ID ID
66

Netherlands ID

Against (1)

1

Czechia ID

Against (2)

2

Austria ID

3

Finland ID

2

Denmark ID

Against (1)

1

Estonia ID

Against (1)

1
icon: The Left The Left
39

Netherlands The Left

For (1)

1

Sweden The Left

Abstain (1)

1

Portugal The Left

4

Czechia The Left

Abstain (1)

1

Belgium The Left

For (1)

1

Ireland The Left

Abstain (2)

4

Finland The Left

For (1)

1

Denmark The Left

Abstain (1)

1

Cyprus The Left

2
icon: NI NI
40

Slovakia NI

For (1)

Against (1)

2

Croatia NI

2

Lithuania NI

1

A9-0357/2021 - Danuta Maria Hübner - § 17/2 #

2022/02/15 Outcome: +: 512, -: 110, 0: 78
DE ES RO FR PL PT NL IT BG SE AT EL IE FI LT BE HR CZ SK SI LU LV EE MT CY DK HU
Total
95
59
33
79
52
21
29
76
17
21
19
21
13
14
11
20
12
21
13
8
6
8
7
5
6
13
21
icon: PPE PPE
175

Luxembourg PPE

2

Latvia PPE

2

Estonia PPE

For (1)

1

Malta PPE

For (1)

1
2

Denmark PPE

For (1)

1

Hungary PPE

1
icon: S&D S&D
144

Greece S&D

2

Lithuania S&D

2

Czechia S&D

For (1)

1

Slovakia S&D

2

Slovenia S&D

2

Luxembourg S&D

For (1)

1

Latvia S&D

2

Estonia S&D

2
4

Cyprus S&D

2
icon: Renew Renew
100

Poland Renew

1

Italy Renew

3
3

Austria Renew

For (1)

1

Ireland Renew

2

Finland Renew

3

Lithuania Renew

1

Croatia Renew

For (1)

1

Slovenia Renew

2

Luxembourg Renew

2

Latvia Renew

For (1)

1

Estonia Renew

3

Hungary Renew

2
icon: Verts/ALE Verts/ALE
72

Spain Verts/ALE

3

Poland Verts/ALE

For (1)

1

Portugal Verts/ALE

1

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Austria Verts/ALE

3

Ireland Verts/ALE

2

Finland Verts/ALE

3

Lithuania Verts/ALE

For (1)

Abstain (1)

2

Belgium Verts/ALE

2

Czechia Verts/ALE

3

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Denmark Verts/ALE

2
icon: The Left The Left
39

Portugal The Left

4

Netherlands The Left

Abstain (1)

1

Sweden The Left

Abstain (1)

1

Ireland The Left

Abstain (2)

4

Finland The Left

For (1)

1

Belgium The Left

Against (1)

1

Czechia The Left

1

Cyprus The Left

2

Denmark The Left

Abstain (1)

1
icon: NI NI
40

Germany NI

Abstain (1)

3

Lithuania NI

1

Croatia NI

2

Slovakia NI

2
icon: ECR ECR
64

Germany ECR

Abstain (1)

1

Romania ECR