European Political Parties and the Respect for the Values on Which the European Union Is Founded Between the European Legislation and the National Laws

Abstract

This article argues that, in the current period of crisis that the European Union is facing, and after the European elections of May 2019, an answer may lie in the strengthening of democratic participation of citizens in the life of the Union, and that European political parties could be one of the key features of this possible solution. Regulation no. 1141/ 2014 establishes several conditions for the registration of a political body as a European political party or a European political foundation, including the respect for the values on which the EU is founded, mentioned in Article 2 of the Treaty on European Union (TEU). The same Regulation also introduces an Authority entrusted with the task of ensuring that such conditions are respected. The article examines the powers of the Authority and offers a brief comparison with a similar body established in Italy, the Commission for the guarantee of political parties’ internal rules and for the transparency and control of political parties’ accounts. It also considers several practices adopted under Regulation no. 2004/2003, the former Regulation on European political parties and foundations. The article also focuses on the issue of compliance of European parties with requirements established by national laws. In conclusion, the article holds that the conditions set by Regulation no. 1141/2014 and the establishment of an Authority entrusted with surveillance of compliance with relevant EU law may appear useful in order to strengthen the position of European political parties as a means to increase the participation of European citizens to political life of the Union and as an instrument to defend democracy and constitutionalism in the EU; however the procedures established by the Regulation are too complex and the real power, in case of a suspected breach of fundamental values of the EU, belongs to European institutions, thus the decision is in the final instance a political one. European Political Parties, European Fundamental Values, Democracy, Constitutionalism, Registration of European Political Parties, Authority for European political parties and European political foundations