Procedure voor Europees Hof dreigt als Nederland verkiezingsuitslagen gelijk vrijgeeft (en)

EUOBSERVER / BRUSSELS - With just weeks to go until the Netherlands takes over the helm of the European Union, the country is being warned it faces court action if it releases election results before 13 June - three days after the Dutch go to the polls.

The European Commission today (28 May) said that the Netherlands may face court action if it releases its election results before the last votes are in at 22.00 on 13 June.

The Netherlands is one of the countries which will hold European Parliament elections on the 10th of June, whereas other EU countries, such as Spain and Greece, will vote later.

Local authorities in the Netherlands have stated they will release their preliminary results immediately after the 10 June vote .

In practice, these preliminary figures will count 95% of the final votes, a spokesman for the Dutch Interior Ministry told the EUobserver.

The Commission claims that the European Elections Act of 1976 obliges member states to keep their election results under embargo, until the last EU country has voted.

This embargo is meant to prevent the results in one country influencing those in another.

Legal differences

The Dutch claim that an amendmend to the European Elections act made in 2002 allows local authorities to release their election outcomes immediately.

"In the Netherlands, the official election result as approved by the Dutch Election Council will only be published on the fifteenth. Before that, local authorities may already release their unofficial results", the Dutch spokesman said.

But the Commission interprets the Elections Act differently, saying that the embargo applies to local authorities as well.

The Commission has urged the Dutch government to follow this interpretation.

Court case may follow

A Commission spokesman today told the Dutch that if they do not comply with the Elections Act, an infringement procedure at the European Court of Justice may follow.

"We reminded the Dutch authorities what the law is and that they risk an infringement procedure".

But the Dutch look unwilling to bow to the Commission's pressure.

The Interior Ministry spokesperson stated: "The Netherlands sticks to its opinion. The amended Elections Act discusses the official release of the final outcome, which is something else than partial results".

The correspondence between the Commission and the Dutch government is still ongoing.