Structural aspects

Without prejudice to the calls for contributions of the European Parliament and the final decision of the Authorising Officer of the European Parliament on the applications, the Authority for European Political Parties and European Political Foundations verifies the submissions of European political parties concerning their affiliated MEPs in the context of the yearly Union funding exercise.

In this regards, the Authority verifies:

• As regards claims for membership on account of a member party:
  • whether the political party on whose list the claimed MEP was elected is a genuine member of the European political party on the final date for the submission of applications for funding, i.e. whether the latest membership fee was paid or, in absence thereof, whether other evidence of recent genuine participation in the European political party's activities exists;
  • whether the MEP concerned was on the final date for the submission of applications for funding a member of the member party in question.
• As regards claims for individual membership: whether the MEP concerned has become and remained as on the final date for the submission of applications for funding an individual member of the European political party. These checks will be particularly important for new MEPs or MEPs that had not previously been claimed as individual members.

The Authority provided forms to European political parties that facilitate verification of the above points. If forms are missing, incomplete, or other questions of clarity or accuracy arise in the application material of the European political party, the Authority will proceed to additional verifications, including where relevant by questions for additional documentation in accordance with Article 24(4) of Regulation (EU, Euratom) No 1141/2014.

• While European political parties and European political foundations are free to cooperate with parties or organisations by means of ancillary forms of association (e.g., observers, partners, associates, affiliates), a "member" pursuant to Regulation (EU, Euratom) No 1141/2014 as interpreted in compliance with case-law requires a genuine membership link with the European political party or foundation. This becomes relevant in particular in the context of
  
  
  • Applications for registration as a European political party: only "members" can be claimed for the purpose of representation according to Article 3(1)(b) of Regulation (EU, Euratom) No 1141/2014;
  
  
  • Own resources: only genuine "members" can pay contributions in accordance with Article 20 of Regulation (EU, Euratom) No 1141/2014, whereas payments from other partners are subject to the provisions governing donations pursuant to Article 20 of Regulation (EU, Euratom) No 1141/2014.

• A genuine membership link exists if member parties or organisations
  
  
  • have a full range of rights and obligations in internal governance of the European political party or foundation concerned, including in particular voting/participation/access to documents, and
  
  
  • an appropriate membership fee is regularly paid. In the absence of the latter, evidence is required that the member party or organisation has genuinely and demonstrably participated in recent activities of the European political party or foundation.

• In order to ascertain genuine membership regarding European political parties in the context of registration, the Authority may also verify whether there is a manifest inconsistency between the political programme of the applicant for registration as a European political party and the political programme of any of its member parties.

• According to Article 3(3) of Regulation (EU, Euratom) No 1141/2014, a separation between the respective day-to-day managements, governing structures and financial accounts of each European political party and the affiliated European political foundation needs to be ensured.


• With respect to the respective governing structures, this means in particular that both organisations' governing bodies must remain not only formally distinct, but also structurally able to take governance decisions independently from one another in practice.
  
  
  • The factors to be assessed in this respect include decision-making procedures contained in both organisations' statutes or implementing provisions, in particular as regards the weighing of the office-holder's voting rights in the governing bodies of both organisations and any executive powers vested directly in that office-holder.
  
  
  • Consequently, it should be excluded that the person in question may impose on one of the two organisations, of his own motion and without having to seek a majority in a governing body of that organisation, a decision taken by or on behalf of the respective other organisation. The concrete deputising competences vested in the office envisaged for the person may therefore be of additional relevance.
  
  
  • With respect to the respective day-to-day managements, a complete identity of staff is not permitted. In case of partial overlap, the Authority will scrutinise whether a sufficient level of operational autonomy of both entities is nonetheless ensured.

I. Regulation (EU, Euratom) No 1141/2014 (substance and sanctions framework applicable to facts occurring exclusively before entry into force of Regulation (EU, Euratom) 2025/2445)

Potential cross-membership of a Member of the European Parliament in a European political party is assessed based on Article 17(3) of Regulation (EU, Euratom) No 1141/2014 (the 'Regulation').

• In light thereof, a Member of the European Parliament that is a member in a political party at Member State level cannot be counted for a European political party other than the one in which the national political party is a genuine member.
• However, a Member of the European Parliament that is member in a third country political organisations which is 'affiliate member' in another European political party is not in the same position, because a third country political organisation cannot be considered a genuine member party in light of the case-law on Article 2 of the Regulation (see in particular the Judgment of the General Court of 25 November 2020, ACRE v EP, T-107/19).
• As far as the verifications of the Authority are concerned, and without prejudice to the assessments of the Authorising Officer of the European Parliament, a Member of the European Parliament therefore can be counted as individual member for a European political party other than the European political party in which the third country political organisation of that Member is 'affiliate member', if the individual membership is proven.

All of the above is without prejudice to verifications of concrete circumstances, especially in context of the funding application to the European Parliament, as well as to the Authority's guidance on safeguards against foreign interference.

II. Regulation (EU, Euratom) 2025/2445 (applicable to facts occurring or continuing from entry into force, except funding provisions which apply from budget year 2027, as well as subject to transitional periods for adoption of new provisions and modalities for smooth and effective application)

Potential cross-membership of a Member of the European Parliament that is an individual member in a European political party other than the one of which his national political party is a member party of, is assessed based on Article 22(3) of Regulation (EU, Euratom) 2025/2445.

• In light thereof, a Member of the European Parliament that is a member in a political party at Member State level cannot be counted for a European political party other than the one in which the national political party is a genuine member of.
  
  
• However, a Member of the European Parliament that is member in a third country political party, even if the latter is an associated member party in another European political party, is not in the same position, and in light of Article 10(4) of the Treaty on European Union his or her individual membership in a European political party will prevail over indirect membership in another one via a third country party.

All of the above is without prejudice to verifications of concrete circumstances, especially in context of the funding application to the European Parliament, as well as to the Authority's guidance on safeguards against foreign interference.

I. Regulation (EU, Euratom) No 1141/2014 (substance and sanctions framework applicable to facts occurring exclusively before entry into force of Regulation (EU, Euratom) 2025/2445)

• In accordance with Article 10(4) of the Treaty on European Union as well as Articles 2(1), 2(4), 3(1)(b) and 3(2)(e) of Regulation (EU, Euratom) No 1141/2014, certain distinctions are to be drawn between EU and non-EU citizens or entities in their relations with European political parties or European political foundations. Apart from the consequences for contributions and donations, caution is warranted concerning the extent of the participation of non-EU citizens or entities in the governance structures of European political parties and foundations.


• In particular, it must be ensured that persons who hold no EU citizenship or non-EU entities cannot, individually or collectively,
  
  
  • impose a course of action against, or
  
  
  • block, a majority of the voting EU citizens or members in the governing bodies of a European political party or European political foundation.

II. Regulation (EU, Euratom) 2025/2445 (applicable to facts occurring or continuing from entry into force, except funding provisions which apply from budget year 2027, as well as subject to transitional periods for adoption of new provisions and modalities for smooth and effective application)

In accordance with Article 10(4) of the Treaty on European Union as well as Articles 4(3) and 6(1)(k) of Regulation (EU, Euratom) 2025/2445 certain distinctions are to be drawn between EU and non-EU citizens or entities in their relations with European political parties or European political foundations. In accordance with the Regulation, the statutes of a European political party or a European political foundation could allow for membership of certain political parties and organisations from third countries, defined as "associated member parties" or 'associated member organisations'. Those parties and organisations must have their seat in:

• a member country of EFTA; (see updated list)

• a former EU Member State (i.e. the United Kingdom);

• a candidate country (see updated list), a country entitled to use the euro as official currency on the basis of a monetary agreement with the EU; (see updated list)

• partners countries having a stabilisation and association agreement with the EU (see updated list), or

• countries with whom the EU has concluded Association Agreements comprising a Deep and Comprehensive Free Trade Area (see updated list).

If European political parties or European political foundations wish to avail themselves of this possibility, the statutes must provide that:

• All votes in any of their bodies shall gather the support of a majority of members having their seat in, or are citizens of the European Union in order to pass;

• Votes cast in any such body by associated member parties or associated member organisations shall not be decisive towards a majority. They shall nonetheless be recorded;

• Furthermore, associated member parties or associated member organisations cannot, individually or collectively, impose a course of action against, or block, a majority of the voting Union citizens or members from the EU of the European political party or European political foundations concerned;

• In the case of European political parties: Representatives of associated member parties cannot receive executive powers by delegation in the governing bodies;

• In the case of European political foundations: The statutes must contain an equally effective safeguard against unilateral decision-making or representation powers by natural persons without Union citizenship.