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07 December 2023

Protecting the Fairness of European Parliament Elections via Preliminary Ruling

Supreme or constitutional courts regularly step in to protect the democratic process by deciding election disputes. It is remarkable that the Court of Justice of the European Union (CJEU) has so far barely been engaged concerning the European Parliament (EP) elections. Using Hungary as an example, I will argue in the following that the CJEU is institutionally well-positioned to help protect the integrity of the 2024 EP elections via preliminary ruling procedures. Hungarian democracy has been in decline, according to the EP, the Commission and various democracy indices. The problems include the lack of a level playing field, targeted action by authorities against opposition parties, overlaps between the activities of the government and the governing party, state funding of campaigning and party financing in general, lack of media pluralism, and the different means of voting for citizens living abroad (postal vote for some and not for others). I argue that the CJEU could and should be engaged to protect the fairness of the EP elections in Hungary. Continue reading >>
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09 July 2019

Empty Seats in the European Parliament: What About EU Citizenship?

The European Parliament started its new term with three empty seats. The Catalan politicians Carles Puigdemont, Antoni Comín and Oriol Junqueras got elected in the European Parliamentary elections of 26 May 2019 but the Spanish Central Electoral Commission did not include their names in the list which was notified to the European Parliament on 17 June 2019. The reason is that that they did not appear in person to swear or affirm allegiance to the Spanish Constitution, which is a formal requirement under the Spanish election legislation. The President of the EU General Court dismissed an application of Carles Puigdemont and Antoni Comín for interim measures by referring to the Spanish electoral law. Thereby, however, he completely ignored the EU citizenship dimension of the case. Continue reading >>
28 May 2019

Who’s Afraid of Voters Abroad

Low election turn-out in contemporary societies has been the subject of worries for the defenders of participatory democracy and even a topic of research to find ways of improvement. In this context, what happened on 26 May 2019 with Romanian voters all across Europe seems surreal. Continue reading >>
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16 April 2019

After the Second Brexit Extension: What Now?

Unless the Withdrawal Act is adopted after all, the UK will need to elect MEPs in May. It is unlikely, however, that European Parliament elections will help to resolve the political impasse in Westminster. Hence, something else will have to move. Continue reading >>
29 March 2019

Protecting the EU from a Kill Switch: Why EU Law Does Not Require EP Elections in the UK

According to the EU, postponing Brexit beyond May 23 legally requires UK elections for the European Parliament. If no elections are held, the argument goes, the new European Parliament would not be legally constituted. Yet, on closer inspection, this conclusion is not as legally convincing as it appears. Continue reading >>
19 March 2019

The Birth of Political Europe

With just 90 days to go before the European Parliament elections, the EU political and societal landscape is undergoing a profound and historical shake-up. This goes well beyond the reductionist and highly-polarized depiction of the pro-EU vs anti-EU / open vs closed society debate championed by our political class and magnified by the media. The effects of EU policies on citizens’ lives as further amplified by the Brexit collective journey have gradually led to the emergence of a timid, yet evolving, common pan-European debate. Yet, as epitomized by Emmanuel’s Macron multi-lingual op-ed unparallelly addressed to the whole EU electorate, this Europeanisation of the political conversation is unveiling an inconvenient truth. Continue reading >>
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20 February 2019
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Tracking Anti-Values MEPs: EP Seat Projections and Rule of Law Protection

On 18 February the European Parliament published its first projections for the EP2019-2024 seat allocation. The framing of ‘bad guys on the rise, but likely to remain on the fringes’ is tempting and dominant but it is deeply misleading. Continue reading >>
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