Seitlinger, J

Archive of European Integration

European Communities
EUROPEAN PARLIAMENT
Wbrking Dccumsrlts
1981 - 1982
10 FebruarY 1982 DocuMENr t-988/8L/A
behatf of the Political Affairs Committee
uniform electoral procedure for the eLection
of the European Parliament
REPORT
drawn up on
on a draft
of Members
PART A
Motion for a resolution
Rapporteur: Mr J. SEITLINGER
I-.nglish Edition
PE 64.569/A/tin.

By letter of 24 June 1980 the Secretary-General informed the P6litical
Affairs Committee that it had been authorized to draw up a report on a
uniform electoral procedure, which had been the subject of deliberations
by the sub-committee on a uniform electoral procedure'
At its meeting of 18 December 1979 the sub-committee proposed that
Mr Seitlinger should be appointed rapporteur. The PoIitical Affairs
committee confirmed this appointment at its meeting of 22 and 23 January
1980. At its meeting of 2 October 1980, the sub-committee on a uniform
efectoral procedure unanimously decided to forward a draft report to
the Political Affairs Committee.
After consideration had been given to the amended proposals submittsod
by the rapporteur at the meetings of 23-25 June 1981 in The Hague, t9
October 1981 in Brussels and 2 December 1981 in London, the rapporteur
revised his motion for a resolution.
At its meeting on 28 January 1982 the Politicat Affairs Committee
adopted the present draft report by 24 votes to 8 with 3 abstentions.
The following participated in the vote: !1r Rumor, chairman;
l,1r Haagerup, Iqr lvlotchane and Lord Bethell, vice-chairmen; Mr Seitlinger,
rapporteuri tlr Balfe (deputizing for lIrs Gredal), Ivlr Bettiza, Mr BockLet
(deputizing for I,1r Klepsch), I,1r Bournias, lrlr cariglia I Mr De Pasquale
(deputizing for Mr Pajetta), Mr Deschamps, Lord Douro, l'1r Fergusson,
Ivlr Gawronski (deputsizing for Mr Berkhouwer), I'1r Habsburg, Ivlr Hahn
(deputizing for Mr Antoniozzi\, Mr Hlinsch, Mrs Hammerich, l'1r von Hassel'
tlrs van den Heuvel, Mr Israel (deputizing for Mr de fa MaIEne) Mr Kyrkos
(deputizing for Mr piquet), f,lrs Lenz, l,1r Lomas, l'1r van Ivlinnen (deputizing
forMrvanMiert),MrMoorhouse(deputizingforSirJamesScott-Hopkins)'
Mr Pelikan (deputizing for Mr Zagari), Mr Plaskovitis, Ivlr Segre'
Ivlr Schall, I'1r Schieler, tlr J. Itl . Taylor, I4r Vergeer (deputizing for
Mr Penders) and tllr Walter (deptuzing for Mr Brandt) '
The opinion of the Legal Affairs committee is attached to Part B
(Expianatory Statement) of this report'
-3- PE 64 .569/A/f.In.

AThe Political Affairs Comrnittee hereby submits to the European
Parliament the following motion for a resofution together with
explanatory statement :
MOTION FOR A RESOLUTION
on a draft uniform electoraf procedure for the election of Members of the
European Parliament
The European Parliament,
- having regard to Article 7 of the Act of 20 September 1976 concerning the
election of the representatives of the Assembly by direct universal
suffrage,
- whereas there are substantial differences in the electoral provisions
currently in force for the efection of Members of the European Parliament,
particularly as regards the electoral system and the right to vote,
- whereas these differences affect the composition and representativeness
of the European Parliament, as well as the way in which the citizens of
the Community can exercise their civic rights,
- whereas these provisions are of a transitiona] nature,
- whereas it is for the European Parliament to propose a final system,
- having regard to the report of the politicar Affairs committee
and the opinion of the Legal Affairs Committee (Doc. 1_9gg/gl-l
I. Submits the following draft Act to the Council ?
2. Invites the Council to adopt it without delay and to forward it to the
Member States so that they may adopt the provisions needed for the
etections to take place in 1984 in accordance wiLh their respective
constitutional requirements i
-5- PE 64 .569/A/tin.
The Council,
- hav,ing ,nega;rd ,to Article 2J.,(S)
Coal and Steel Commun,ity;
of the Trsatlr ,ssrbtsblidh{.ng luhe ,European
Proposai for an Act adopting certain,provisions
electoraL procedure for the retrection o.f ,Members
rrelatirrg'to a rmiform
oJ 'ihe tEuropEBn par,liamenL.
which it ,r,esommenils
,rGqpectiue oonstttutlonal
- having regard to Article l3g(3) of
Economic Community;
the lreaty estab,l,ish,ing the European
- having regard to Article r08(3) of the Treaty estbbllishing the Eu.ropeanAtomic Energy Community;
- having regard to Articre 7 ( t ) of the .Act concerning the .e.I,eqt,ion of therepresentatives of the Assembty by direct universar suffrage;
- having re,gard to parl_iament,s proposal;
has adopbed the provi_sions annexed to thi,s decisionthe Member States to adopt in aocordenoe ,with the,ir
reguirements.
This decision and the provisions annexed-to it shaJ.l be .published inthe Official Journal of the Europsan Conmunities.
The Member State6 shaLl, ,nithout de1ay, notify the Secretary-General ofthe councir of the EuroPean communities that they have comprEt,ed the procedurescalled for by their respective constitutionar requirements fo.the adoption ofthe provisions annexed to this decision.
This decision sha,I enter into force on the day of its publication inthe OfficiaJ Journal of the European Corununities.
-6- PE 6.4.5691A/f t^.:
PART I
THE ELECTORAL SYSTEM
ARTICLE I
The parliamentary rePresentatives of the peoples of'the. stat,es brought
together in the community shall be erected in accordance with the system
l-aid down by this Act, by the Act of 20 september 1976 and, in the absence
of Community provisions, by national provisions.
- 7 - PE 64 .569/A/f Ln.
ART'ICLE 2
1. In eaeh Meniber State the represenrativeE shall be elected by proportj.onal
representation.
2. The Member States shall be divided into multi-ffefiiber GonEtitu@neies
in which a minLmum of three and a maximum of fif,teen repres€nt6tlves shal1
be elected.
The Member states sharl decide how their Gerritory is to be dividedinto constituencies.
3. The Member states shalL lay down the conilit,ions for combining ^
at nationa} level the lisEs Bubmitted in the various constituencies.
4. The Member states shalL Lay down ehe con€litions for the Eubmieslon
of llsts.
5. Each elector shall have one vote. The t{eruber stat€s nay nake provisionfor preferehtial voting within a llst.
-8- PE 64.569/,s1gia1.
ARTICLE 3
1. Seats shall be allocated to each list or combination of lists in
accordance with t.he d'Hondt system, taking account of the totaL number
of votes secured by the list or combination of lists at nat,lonaI level.
The seats allocated to individual lists of combined; Iists shall he divided
between the lists concerned in accordance',with the d'Hondt,$ygterq on the basis of
the number of votes secured in the constituencies.
2. seats shalI be aLlocated within a list on the basis of the order
of the names on the rist. rn the case of preferential voting, the
seats shalL be arlocated on the basis of the number of votes secured
by each of the candidates on the list concerned.
3. If a. seat falls vacant, it shall be filled in accordanee with
the provisions of paragraph 2.
-s- PE 64 ,569/A/f [fi.
AHTICLE 4
1' f,fie introdu,sti'on of a th:seshold be1qp whiclt a List ofrtains tro seats
shal'r be Left to the discretiom of, the &&mber states-
2- rn order to take aeeount of speciar geographiear o,r ethnie factotre,i.
recogniized by, the wri,ttea or unrrrritten cqrstitutions of:,thq,Etate,cpsffinea, -
me'asures deviauing, from thc prinelpreB'Ect 
€ut- sD artieliBB a 6nd 3,r[l$, . r 
.be adopted by the llestber States.
-10- PE 64.569tA/ftn.
l,Alt1, 1l
OTHER ASPECTS OF ELECTORAL PROCEDURE
ARTICLE 5
-1. The Member States shall grant their
citizens the right to vote irrespective
of their place of residence, provided
that this place of residence is
situated in a Member State of the
European Corununity.
2. The Member States shal1 grant
the nationals of other Member States
the right to vote provided they have
been resident in the country for at
least five years.
' 
j. Citizens of the European Com-
munity who have been resident for
less than five years in a Member
State of the European Community other
llr rl tlr,rl ,,1 r,rlrir,lr llrr,i, .rlr, l,ll;rr1s,llrr
, slrall l,c errt j L]ed Lu vute .i.1 Lhelr
native country.
4. The Member States shalL take alt
the necessary measures to ensure that
citizens of the Community can exercise
their right to vote pursuant to
paragraphs 2 and 3 without difficulty.
-11 - PE 54 .569/A/f in.
ARTICLE 6
The Member states shar-r grant, their citizens the right. to
stand for election irrespective of t,heir place of, residence.
-12- PE 64.56.9/A/ftn.
ARTICLE 7
Article 9 of the Act of 20 September
1976 shall be replaced by the following
provisions:
1. Elections to the European parliament
shall be held on the date fixed by each
Member State. This date shatl fall
within the same period of two days,
starting on a Sunday morning and ending
on the Monday evening.
2. The counting of votes nay not begin
until- after the close of polling stations 
..in the Member State whose el.ectors are
the last to vote within the period
referred to in paragraph 1.
- 13 - PE 64 ,569/A/fin.
Artrcle 7(2)
hereby repeal.ed.
ARTICI.E 8
and Article X.2{}) of th€ Act of 20 Setrrtenber L976 are
-L4- PE 54.569tA,/fLn.
3. Invites the Council to adopt the draft Act in accordance wlth the
procedures laid down in Article 13 of the Act of 20 September L976i
4. Instructs its President to forward this resolution, together with
the draft Act and the report of its committee, to the Council
a:-C Commission of the European Communities and to the parliaments
.-.,d governments of the Member States.
-15- PE 64.saSf/fin'



REPORT drawn up on behalf of the Political Affairs Committee on a draft uniform electoral procedure for the election of Members of the European Parliament. EP Working Documents, Document 1981-1982 1-988/81/A

REPORT drawn up on behalf of the Political Affairs Committee on a draft uniform electoral procedure for the election of Members of the European Parliament. Part B: Explanatory statement; Part C: Documentation. EP Working Documents, Document 1981-1982 1-988/81/A

European CommunitiesEUROPEAN PARLIAMENTWbrking Dccumsrlts1981 - 198210 FebruarY 1982 DocuMENr t-988/8L/Abehatf of the Political Affairs Committeeuniform electoral procedure for the eLectionof the European ParliamentREPORTdrawn up onon a draftof MembersPART AMotion for a resolutionRapporteur: Mr J. SEITLINGERI-.nglish EditionPE 64.569/A/tin.By letter of 24 June 1980 the Secretary-General informed the P6liticalAffairs Committee that it had been authorized to draw up a report on auniform electoral procedure, which had been the subject of deliberationsby the sub-committee on a uniform electoral procedure'At its meeting of 18 December 1979 the sub-committee proposed thatMr Seitlinger should be appointed rapporteur. The PoIitical Affairscommittee confirmed this appointment at its meeting of 22 and 23 January1980. At its meeting of 2 October 1980, the sub-committee on a uniformefectoral procedure unanimously decided to forward a draft report tothe Political Affairs Committee.After consideration had been given to the amended proposals submittsodby the rapporteur at the meetings of 23-25 June 1981 in The Hague, t9October 1981 in Brussels and 2 December 1981 in London, the rapporteurrevised his motion for a resolution.At its meeting on 28 January 1982 the Politicat Affairs Committeeadopted the present draft report by 24 votes to 8 with 3 abstentions.The following participated in the vote: !1r Rumor, chairman;l,1r Haagerup, Iqr lvlotchane and Lord Bethell, vice-chairmen; Mr Seitlinger,rapporteuri tlr Balfe (deputizing for lIrs Gredal), Ivlr Bettiza, Mr BockLet(deputizing for I,1r Klepsch), I,1r Bournias, lrlr cariglia I Mr De Pasquale(deputizing for Mr Pajetta), Mr Deschamps, Lord Douro, l'1r Fergusson,Ivlr Gawronski (deputsizing for Mr Berkhouwer), I'1r Habsburg, Ivlr Hahn(deputizing for Mr Antoniozzi\, Mr Hlinsch, Mrs Hammerich, l'1r von Hassel'tlrs van den Heuvel, Mr Israel (deputizing for Mr de fa MaIEne) Mr Kyrkos(deputizing for Mr piquet), f,lrs Lenz, l,1r Lomas, l'1r van Ivlinnen (deputizingforMrvanMiert),MrMoorhouse(deputizingforSirJamesScott-Hopkins)'Mr Pelikan (deputizing for Mr Zagari), Mr Plaskovitis, Ivlr Segre'Ivlr Schall, I'1r Schieler, tlr J. Itl . Taylor, I4r Vergeer (deputizing forMr Penders) and tllr Walter (deptuzing for Mr Brandt) 'The opinion of the Legal Affairs committee is attached to Part B(Expianatory Statement) of this report'-3- PE 64 .569/A/f.In.AThe Political Affairs Comrnittee hereby submits to the EuropeanParliament the following motion for a resofution together withexplanatory statement :MOTION FOR A RESOLUTIONon a draft uniform electoraf procedure for the election of Members of theEuropean ParliamentThe European Parliament,- having regard to Article 7 of the Act of 20 September 1976 concerning theelection of the representatives of the Assembly by direct universalsuffrage,- whereas there are substantial differences in the electoral provisionscurrently in force for the efection of Members of the European Parliament,particularly as regards the electoral system and the right to vote,- whereas these differences affect the composition and representativenessof the European Parliament, as well as the way in which the citizens ofthe Community can exercise their civic rights,- whereas these provisions are of a transitiona] nature,- whereas it is for the European Parliament to propose a final system,- having regard to the report of the politicar Affairs committeeand the opinion of the Legal Affairs Committee (Doc. 1_9gg/gl-lI. Submits the following draft Act to the Council ?2. Invites the Council to adopt it without delay and to forward it to theMember States so that they may adopt the provisions needed for theetections to take place in 1984 in accordance wiLh their respectiveconstitutional requirements i-5- PE 64 .569/A/tin.The Council,- hav,ing ,nega;rd ,to Article 2J.,(S)Coal and Steel Commun,ity;of the Trsatlr ,ssrbtsblidh{.ng luhe ,EuropeanProposai for an Act adopting certain,provisionselectoraL procedure for the retrection o.f ,Membersrrelatirrg'to a rmiformoJ 'ihe tEuropEBn par,liamenL.which it ,r,esommenils,rGqpectiue oonstttutlonal- having regard to Article l3g(3) ofEconomic Community;the lreaty estab,l,ish,ing the European- having regard to Article r08(3) of the Treaty estbbllishing the Eu.ropeanAtomic Energy Community;- having regard to Articre 7 ( t ) of the .Act concerning the .e.I,eqt,ion of therepresentatives of the Assembty by direct universar suffrage;- having re,gard to parl_iament,s proposal;has adopbed the provi_sions annexed to thi,s decisionthe Member States to adopt in aocordenoe ,with the,irreguirements.This decision and the provisions annexed-to it shaJ.l be .published inthe Official Journal of the Europsan Conmunities.The Member State6 shaLl, ,nithout de1ay, notify the Secretary-General ofthe councir of the EuroPean communities that they have comprEt,ed the procedurescalled for by their respective constitutionar requirements fo.the adoption ofthe provisions annexed to this decision.This decision sha,I enter into force on the day of its publication inthe OfficiaJ Journal of the European Corununities.-6- PE 6.4.5691A/f t^.:PART ITHE ELECTORAL SYSTEMARTICLE IThe parliamentary rePresentatives of the peoples of'the. stat,es broughttogether in the community shall be erected in accordance with the systeml-aid down by this Act, by the Act of 20 september 1976 and, in the absenceof Community provisions, by national provisions.- 7 - PE 64 .569/A/f Ln.ART'ICLE 21. In eaeh Meniber State the represenrativeE shall be elected by proportj.onalrepresentation.2. The Member States shall be divided into multi-ffefiiber GonEtitu@neiesin which a minLmum of three and a maximum of fif,teen repres€nt6tlves shal1be elected.The Member states sharl decide how their Gerritory is to be dividedinto constituencies.3. The Member states shalL lay down the conilit,ions for combining ^at nationa} level the lisEs Bubmitted in the various constituencies.4. The Member states shalL Lay down ehe con€litions for the Eubmieslonof llsts.5. Each elector shall have one vote. The t{eruber stat€s nay nake provisionfor preferehtial voting within a llst.-8- PE 64.569/,s1gia1.ARTICLE 31. Seats shall be allocated to each list or combination of lists inaccordance with t.he d'Hondt system, taking account of the totaL numberof votes secured by the list or combination of lists at nat,lonaI level.The seats allocated to individual lists of combined; Iists shall he dividedbetween the lists concerned in accordance',with the d'Hondt,$ygterq on the basis ofthe number of votes secured in the constituencies.2. seats shalI be aLlocated within a list on the basis of the orderof the names on the rist. rn the case of preferential voting, theseats shalL be arlocated on the basis of the number of votes securedby each of the candidates on the list concerned.3. If a. seat falls vacant, it shall be filled in accordanee withthe provisions of paragraph 2.-s- PE 64 ,569/A/f [fi.AHTICLE 41' f,fie introdu,sti'on of a th:seshold be1qp whiclt a List ofrtains tro seatsshal'r be Left to the discretiom of, the &&mber states-2- rn order to take aeeount of speciar geographiear o,r ethnie factotre,i.recogniized by, the wri,ttea or unrrrritten cqrstitutions of:,thq,Etate,cpsffinea, -me'asures deviauing, from thc prinelpreB'Ect €ut- sD artieliBB a 6nd 3,r[l$, . r .be adopted by the llestber States.-10- PE 64.569tA/ftn.l,Alt1, 1lOTHER ASPECTS OF ELECTORAL PROCEDUREARTICLE 5-1. The Member States shall grant theircitizens the right to vote irrespectiveof their place of residence, providedthat this place of residence issituated in a Member State of theEuropean Corununity.2. The Member States shal1 grantthe nationals of other Member Statesthe right to vote provided they havebeen resident in the country for atleast five years.' j. Citizens of the European Com-munity who have been resident forless than five years in a MemberState of the European Community otherllr rl tlr,rl ,,1 r,rlrir,lr llrr,i, .rlr, l,ll;rr1s,llrr, slrall l,c errt j L]ed Lu vute .i.1 Lhelrnative country.4. The Member States shalL take altthe necessary measures to ensure thatcitizens of the Community can exercisetheir right to vote pursuant toparagraphs 2 and 3 without difficulty.-11 - PE 54 .569/A/f in.ARTICLE 6The Member states shar-r grant, their citizens the right. tostand for election irrespective of t,heir place of, residence.-12- PE 64.56.9/A/ftn.ARTICLE 7Article 9 of the Act of 20 September1976 shall be replaced by the followingprovisions:1. Elections to the European parliamentshall be held on the date fixed by eachMember State. This date shatl fallwithin the same period of two days,starting on a Sunday morning and endingon the Monday evening.2. The counting of votes nay not beginuntil- after the close of polling stations ..in the Member State whose el.ectors arethe last to vote within the periodreferred to in paragraph 1.- 13 - PE 64 ,569/A/fin.Artrcle 7(2)hereby repeal.ed.ARTICI.E 8and Article X.2{}) of th€ Act of 20 Setrrtenber L976 are-L4- PE 54.569tA,/fLn.3. Invites the Council to adopt the draft Act in accordance wlth theprocedures laid down in Article 13 of the Act of 20 September L976i4. Instructs its President to forward this resolution, together withthe draft Act and the report of its committee, to the Councila:-C Commission of the European Communities and to the parliaments.-.,d governments of the Member States.-15- PE 64.saSf/fin'

http://aei.pitt.edu/88307/1/1981%2D82.82.988.A.pdf

REPORT drawn up on behalf of the Political Affairs Committee on a draft uniform electoral procedure for the election of Members of the European Parliament. Part B: Explanatory statement; Part C: Documentation. EP Working Documents, Document 1981-1982 1-988/81/A

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