La disciplina sull’elettorato passivo nel diritto dell’Unione europea tra competenze nazionali e principio d’autonomia del Parlamento europeo

The Rules on Passive Electorate under European Union Law between National Competences and the Principle of Autonomy of the European Parliament

Abstract

This article carries out an analysis on the rules on passive electorate under EU Law, particularly in the framework of the European citizenship, focusing on the prerogatives of the European Parliament in this field. Following the analysis of the legal framework, the author examines on the case-law of the European Court of Justice, underlining the narrow approach usually adopted by the latter.
In the second part of the article, however, the paper takes under consideration a judgement and an order issued in December 2019, regarding the election of some members of the Junts per Catalunya Party, which are interesting because the Court has interpreted the powers of the European Parliament in a broader sense. Starting from those decisions, the author makes some reflection on the necessity to strengthen the autonomy of the European Parliament trough an electoral reform.