The Liberal Democrats didn’t have to wait for the final judgement of the European Court of Justice as the European Parliament by adopting on 10 March 1993, after the hearing on admissibility, Resolution A3-0381/92 concerning the proposal for a uniform electoral procedure for the election of members of the EP, had made a proposal as called for by Article 138(3) of the EEC Treaty. The process established for the adoption of a uniform electoral system had, therefore, been initiated.
In the report of the ECJ, the advocate general said the Liberals were right to be aggrieved that Clause 138(3) of the Treaty of Rome had not been implemented. But the report also argued that as a political party, they are not admissible to bring the case. Hence the duty falls to either an EC member government or the Council of Ministers or Commission.

Legal material: Observations of the Liberal Democrats concerning the preliminary objections of inadmissibility lodged by the European Parliament in the case before the Court of Justice of the EC, 19 May 1992. Application to the Court of Justice of the EC under Article 175 of the EEC Treaty by the Liberal Democrats v. European Parliament. Report for the hearing: actions against Community institutions for failure to act. Liberal Democrats pleadings; direct and individual concern. Oral remarks by lawyers for the Liberal Democrats. Oral remarks: Liberal Democrats v. European Parliament (EP)
Correspondence between Duff on behalf of the Liberal Democrats and the legal representatives representing them in their case against the European Parliament.
Briefing note: Proportional Representation for 1994
Letter from Winifred Ewing, MEP, President of the Scottish National Party to Yves A.V. Galland, MEP and President of the Liberal and Democratic Reformist Group in the EP on her disappointment that the UK Government is unlikely to take advantage of the increase in the number of European Parliamentary seats to introduce some form of Proportional Representation in time for the next Euro-elections
Letter from Yves Galland to Paddy Ashdown, MP on the problem concerning the imposition of a 5% threshold as part of the De Gucht Report on the Uniform Electoral Procedure
Committee on Institutional Affairs submits to the European Parliament the motion for a resolution concerning uniform electoral procedure for the election of members of the EP
Confidential briefing note to ELDR on the objectives of the British Liberal Democrats: to get the UK to ratify the Treaty of Maastricht, to bring the Treaty into force as soon as possible, to end the UK exclusion from the Social Chapter
Letter to Karel De Gucht from Duff, congratulating him on the successful passage of his proposals for a uniform electoral procedure
Note d’orientation de M. De Gucht, Rapporteur, sur la procédure electorale uniforme, 29/1/92
Analysis of the final vote on the De Gucht report, 11/3/93
Andrew Duff’s speech of introduction to 30 April Conference on Electoral Reform of the EP
Opinion of Mr Advocate General Darmon, on the Case C-41/92: Actions against Community institutions for failure to act
Press release "Liberal Democrats Respond to the European Court of Justice"
Conference briefing by Andrew Duff, 30 April 1993 "The Electoral Refom of the EP", 30/4/93
Final Report: Liberal Democrats versus the European Parliament

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