Abstract

This essay analyzes the impact that the introduction of a Union-wide electoral constituency would have on the verification of MEPs’ credentials. The case law of the Court of Justice of the European Union (CJEU) confirms that the verification of legislators’ credentials is an integral part of electoral rights. However, despite being addressed by EU law and the Charter of Fundamental Rights of the European Union (CFREU), the protection of these rights has thus far been entirely left to the Member States.

The central argument is that the establishment of a Union-wide electoral constituency would mark a decisive shift in the protection of electoral rights within the European Union. This transformation would be driven by the powers entrusted to the future European Electoral Authority, fundamentally altering the verification process and enhancing the uniformity of electoral standards across the Union.

Table of Contents

1. Introduction
2. The European Legal Framework on the Verification of Credentials
3. The Donnici vs. Occhetto Case: The European Parliament’s First Attempt to Oversee Credential Verification
4. The Saga of the Catalan Independentist MEPs: The Post-Election Landscape of 26 May 2019
   • The Verification of MEP Credentials Between National and European Dimensions
   • The Court of Justice’s Response: Judgments C-502/19 and C-646/19
   • The Backwardness of ECJ Case Law and the Ongoing Uncertainty Surrounding Catalan MEPs’ Status
5. The Introduction of Uniform Electoral Legislation and Its Impact on the European Parliament’s Credential Verification
6. Open Questions Concerning the Verification of Credentials