Feasibility of a future European Statute of European Political Parties: Legal framework and desirable provisions

This study explores the legal and political questions related to the establishment of European Political Parties as independent legal entities based on European law. It examines first the legal status of political parties in some selected Member States of the European Union in order to provide the basis for a choice of appropriate legal instruments. It then traces briefly the history of the creation of European Political Parties as associations of national parties and their financing since the entry into force of regulation EC 2004/2003, on political parties at European level and their financing. The study also analyses the political opportunities and legal possibilities to create European Political Parties as bodies based on European law. After an analytical interpretation of the wording, context, and drafting history of Art. 191 TEC (including Declaration No.11 attached to the Treaty of Nice), the study arrives at the conclusion that this treaty article provides a primary legal foundation for the establishment of a European party statute. The authors' preferred instrument for such a statute would be an EU regulation.