European Parliament and representation of the Union's citizens: What can be expected from electoral law from a democratic standpoint?

Abstract

AbstractIn some Member States, doctrine and case law of national courts have highlighted that, under currently applicable European electoral law, elections to the EP are of a second‐order, whereby European issues give way to purely domestic ones. In any event, this does not hinder the position of the EP as a genuine legislative chamber, which, above all, demands effects from electoral law that it cannot provide, since the intensity with which an election is experienced depends on circumstances external to the system itself. What electoral law can guarantee instead is the periodic holding of free elections. And that requires ensuring that the EP is appointed by the free expression of the opinion of all (and only) European citizens; that the weight of the vote is determined by rational criteria; that the electoral formula allows access to significant political currents; and that the “rule of law” is respected in the electoral process.