The Spanish government is the only member state that has so far refused to implement the reform of the European electoral law passed in 2018. This reform stipulates that all countries must set a minimum threshold of 2% to 5% of the votes cast to obtain representation in the European Parliament. This rule applies to countries that send more than 35 MEPs, which is the case in Spain.
The executive’s refusal to adhere to this European requirement clearly favors Pedro Sánchez’s coalition partners in the Chamber of Deputies. Had Spain applied the minimum threshold in the last European elections, the government’s main partners would not have been represented in the European Parliament. According to the law, member states must implement these requirements by the June 2024 elections.
The PP criticizes “the price of Sánchez’s pacts.” Had Spain introduced the minimum threshold of 2% of the vote, the coalition of the PNV and the Canary Islands Coalition would not have entered the European Parliament. If the Ahora Reúblicas coalition had aimed for the highest threshold of 5% – which it missed with 4.9% (ERC, Bildu, BNG, and Ara Més) – Se acaba la Fiesta (4.6%), Sumar (4.7%), Podemos (3.3%), and Junts (2.5%) would also have failed to enter parliament. PP representatives cite “domestic political” reasons and criticize that “the price of Sánchez’s pacts with the separatists is borne by the entire EU.”
To understand why Spain is blocking implementation of the reform, a delegation from the European Parliament’s Committee on Constitutional Affairs will arrive in Madrid on Monday. Nine MEPs want to clarify why Spain is preventing the law from coming into force and will investigate the “political and legal obstacles” that arise, as well as the “institutional and democratic” implications of a single member state blocking a reform that was unanimously adopted by the European Council and a majority of the European Parliament. The delegation is also interested in the political feasibility of further reform of the European electoral system.
However, this mission could face resistance from the Spanish government. According to the European Parliament, Minister of Justice, Presidency and Relations with Parliament, Félix Bolaños, was expected to receive the MEPs. However, he delegated this task to Interior Minister Fernando Grande-Marlaska. The minister will not receive the delegation either; instead, Carmen López García, Director of Internal Policy, will answer the delegation’s questions this Monday along with other officials from her ministry. Their team emphasizes that organizing the electoral processes falls within their area of responsibility and assures that the minister has other commitments this Monday. Marlaska has been avoiding the press for more than two weeks. There is no public agenda, as the arms deal with Israel triggered the latest crisis in the coalition government. The prime minister subsequently decided to disavow his minister and revoke the agreement he had signed.
The delegation will then visit the Spanish Parliament to meet with the Secretary General of the Spanish Congress, Fernando Galindo, and a team of parliamentary lawyers. The investigation in Madrid will take them to the Supreme Court to meet with Judge Manuel Delgado-Iribarren. On Tuesday, the delegation will meet with the spokespersons of the Constitutional Commission and the Joint Commission for the EU. Meetings are also planned with various professors considered experts in the field.
In the European Parliament, it is surprising that Spain is the only country that has not complied with the reform of the European electoral law. Although there is no legal obligation to ratify, it represents a political commitment adopted by all governments of the European Council. In fact, it was Sánchez himself who assumed this mandate as Prime Minister in 2018. However, since European implementation is not mandatory, no infringement proceedings can be initiated against Spain. However, since Spain is the only country that has not even begun the ratification process, the European Parliament is attempting to exert public pressure on Moncloa to comply with the agreements.
The PP criticizes that this “unilateral blockade by Spain undermines the principle of mutual trust between Member States and damages the credibility of the European Parliament as a co-legislator.”
In Croatia, France, and Poland, for example, the minimum threshold for representation is 5%, while in Italy and Austria is at 4%. Germany ratified the law last year to comply with the directive in the 2029 elections. Countries such as Bulgaria, Ireland, Denmark, and Portugal have already initiated procedures to adapt their national legislation to the European commitment.
