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DIRECTORATE GENERAL FOR INTERNAL POLICIES

POLICY DEPARTMENT C: CITIZENS' RIGHTS AND

CONSTITUTIONAL AFFAIRS

The European elections: EU legislation,

national provisions and civic

participation

Study for the AFCO Committee

Revised edition

Abstract

This study describes both the European framework and national provisions

on electoral procedures in the Member States of the European Union,

including recent developments such as the creation of European political

parties and foundations and the entry into force of the Lisbon Treaty. For all

Member States the most important legal provisions, the electoral system

and some outcomes of past elections - such as gender distribution of MEPs

and participation of citizens from other Member States - are presented. The

document also provides information sources for further study of national

regulations.

PE 493.047

Document requested by the Committee on Constitutional Affairs

AUTHOR

Wilhelm Lehmann

Policy Department C - Citizens' Rights and Constitutional Affairs

European Parliament

B-1047 Brussels

E-mail:

[email protected]

LINGUISTIC VERSIONS

Original: EN

Translation: DE, FR

ABOUT THE EDITOR

Policy Departments provide in-house and external expertise to support EP committees and

other parliamentary bodies in shaping legislation and exercising democratic scrutiny.

To contact the Policy Department or to subscribe to its newsletter please write to:

[email protected]

Manuscript completed in April 2014.

Source: European Parliament

This document is available on the Internet at:

http://www.europarl.europa.eu/studies

DISCLAIMER

The opinions expressed in this document are the sole responsibility of the author and do not

necessarily represent the official position of the European Parliament.

Reproduction and translation for non-commercial purposes are authorized, provided the source

is acknowledged and the publisher is given prior notice and sent a copy.

The European elections: EU legislation, national provisions and civic participation

_________________________________________________________________

CONTENTS

1. INTRODUCTION

2. THE FRAMEWORK PROVIDED BY THE EUROPEAN UNION

2.1. Uniform procedure or common principles?

2.2. European Citizenship

2.3. European political parties: towards a European political debate

2.4. A growing Union, a growing Parliament

3. OVERVIEW OF ELECTORAL SYSTEMS AND PROVISIONS

3.1. Distribution of seats

3.2. Preferential voting

3.3. Vacant seats

3.4. Electoral system

3.5. Franchise

3.6. Candidature

3.7. Nomination of candidates

3.8. Constituencies

3.9. Polling days

3.10. Validation of election results

4. INFORMATION BY MEMBER STATE

4.1. Belgium

♦

Belgique / België / Belgien

4.2. Bulgaria

♦

България / Bălgarija

4.3. Czech Republic

♦

Česká republica

4.4. Denmark

♦

Danmark

4.5. Germany

♦

Deutschland

4.6. Estonia

♦

Eesti

4.7. Greece

♦

Ελλη�½ική Δημοκρατία

4.8. Spain

♦

España

Policy Department C: Citizens' Rights and Constitutional Affairs

_________________________________________________________________

4.9. France

4.10. Croatia

♦

Hrvatska

4.11. Ireland

4.12. Italy

♦

Italia

4.13. Cyprus

♦

Κύπρος / Kypros

4.14. Latvia

♦

Latvija

4.15. Lithuania

♦

Lietuva

4.16. Luxembourg

4.17. Hungary

♦

Magyarorszàg

4.18. Malta

4.19. The Netherlands

♦

Nederland

4.20. Austria

♦

Österreich

4.21. Poland

♦

Polska

4.22. Portugal

4.23. Romania

♦

România

4.24. Slovenia

♦

Slovenija

4.25. Slovakia

♦

Slovensko

4.26. Finland

♦

Suomi

4.27. Sweden

♦

Sverige

4.28. The United Kingdom

ANNEX I: SYNOPTIC TABLE

ANNEX II: WEBLINKS TO NATIONAL ELECTORAL PROVISIONS

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

INTRODUCTION

According to Article 14 (2) TEU the Parliament represents "... the Union's citizens". Hence,

MEPs represent all EU citizens and not just the voters of their own Member State. Furthermore,

MEPs are elected not only by nationals of their state of origin but by all residents fulfilling the

requirements to take part in the European elections. Parliament's 751 Members, coming from

28 different countries and representing 505 million citizens, are elected by direct universal

suffrage for a five-year term. Their diversity of background and political affiliations is balanced

by their common purpose to make the Union an effective political decision-maker and to be a

forum of debate for issues concerning the Union as a whole.

Diversity is an appropriate term to describe the different ways MEPs are elected in each

Member State. European electoral laws have been called a polymorphic system, composed of

national and EU-level provisions.

A fully uniform electoral procedure for European elections

has not yet been accomplished and Article 223 (1) TFEU remains relevant for future efforts to

do so:

"The European Parliament shall draw up a proposal to lay down the provisions necessary for

the election of its Members by direct universal suffrage in accordance with a uniform procedure

in all Member States or in accordance with principles common to all Member States. The

Council, acting unanimously in accordance with a special legislative procedure and after

obtaining the consent of the European Parliament, which shall act by a majority of its

component Members, shall lay down the necessary provisions. These provisions shall enter into

force following their approval by the Member States in accordance with their respective

constitutional requirements."

At present, European elections are still largely governed by national legislation. Nonetheless,

national regulations are complemented by agreements of the EU Member States resulting in

European legislation. The most important provisions since the introduction of direct elections

have been the following:



Act of 20 September 1976 concerning the election of the representatives of the European

Parliament by direct universal suffrage;

Provisions concerning citizenship of the Union, introduced by the Treaty on European Union

on 1 November 1993;

Council Directive 93/109/EC of 6 December 1993 (implementation of Article 19 EC Treaty,

on the right to vote);

Council Decision 2002/772 EC, Euratom of 25 June and 23 September 2002, amending the

1976 Electoral Act;

Council Decision 16616/07, Composition of the European Parliament, 14 December 2007;

Provisions concerning the organisation and competencies of the European Parliament in

article 14 EU Treaty and articles 223-234 FEU Treaty, as amended by the Treaty of Lisbon

on 1 December 2009.

The first chapter of the study reiterates the main provisions of the EU framework of electoral

law. The subsequent section summarises the most important elements of national electoral

provisions, whereas the main body of the paper describes Member States' national legislation

in more detail, informs on the results of previous EP elections and indicates sources for further

See Dieter Nohlen, Wie wählt Europa? Das polymorphe Wahlsystem zum Europäischen Parlament, Aus Politik und

Zeitgeschichte B17/2004, pp. 29-37.

Policy Department C: Citizens' Rights and Constitutional Affairs

____________________________________________________________________________________________

research.

The website links listed at the end of each country section are active in the pdf

version of the study. There is also a list of direct links to national provisions in Annex II.

Up-to-date information on both the electoral procedures and the results of the 2014 elections

can also be found on the websites of the EP's information offices. Their address usually, but not

always, follows the pattern www.europarl.[country

domain].

Please go to

EP Information

Offices

for a complete map of EP offices and their contact information.

The author would like to thank several colleagues from the EP Information Offices, Kai-

Friederike Oelbermann and Friedrich Pukelsheim for their valuable suggestions on a previous

version of the study. Marcel Bäck and Lucas Sanchez have contributed with great enthusiasm

and efficiency to documentary research and data verification.

For a deeper understanding of the mathematical aspects of national electoral laws see Kai-Friederike Oelbermann,

Antonio Palomares, Friedrich Pukelsheim (2010), The 2009 European elections: from votes to seats in 27 ways;

European Electoral Studies 5 (2), 148-182.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

THE FRAMEWORK PROVIDED BY THE EUROPEAN UNION

2.1.

Uniform procedure or common principles?

The Act of 20 September 1976,

concerning the election of the representatives of the European

Parliament by direct universal suffrage, included the following essential provisions:



Elections must be held on a date falling within the same period starting on a Thursday

morning and ending on the following Sunday; the counting of votes may not begin until

after the close of polling in all the Member States.

Members of the European Parliament are elected for a term of 5 years.

The European Parliament shall meet, without requiring to be convened, on the first

Tuesday after an interval of one month from the date of the elections, and shall verify the

credentials of representatives and rule on any disputes.

The European Parliament shall draw up a proposal for a uniform electoral procedure to

serve as a basis for deliberations by the Council with a view to the adoption of this

proposal by the Member States.



The Act also lays down general rules governing incompatibility, which deal mainly with national

ministerial offices and political or administrative duties within the EU institutions. In addition,

the Member States may adopt their own rules on incompatibility at the national level. The Act

stated that membership of the European Parliament was compatible with membership of a

national parliament.

Finally, the Act provided for the distribution of seats among the nine

states that were members of the European Community in 1976.

Following the adoption on 10 March 1992 of a draft act on a uniform electoral procedure for the

election of its Members

- which was not adopted by the Member States - the European

Parliament reconsidered the matter (on the basis of two reports drawn up by MEP Karel De

Gucht) and in March 1993 came out in favour of a uniform electoral procedure based on

proportional representation with a 5% minimum threshold. Again, the proposal was not

adopted by the Council.

Subsequently, the Treaty of Amsterdam modified the former Article 138 (3) of the EC Treaty

(now Article 223 (1) TFEU). In addition to the aim of a uniform electoral procedure in all

Member States, it also provided for elections by direct universal suffrage "in accordance with

principles common to all Member States". This amendment was intended to remove the main

obstacle to a European electoral procedure, namely the need for uniformity.

In view of this amendment and following a report tabled by MEP Georgios Anastassopoulos, the

European Parliament adopted a draft act on an electoral procedure incorporating common

principles for the election of its Members on 15 July 1998.

After long and difficult debates

between the Parliament and the Council this was followed up by a Council decision which

OJ L 278 of 8 October 1976.

According to the stipulations of the electoral laws of Belgium, Greece and Spain, membership in the national

parliament, under certain conditions, was incompatible with membership of the European Parliament. Moreover, the EP

adopted a resolution on 7 July 1988 in which the Member States are asked to change article 5 of the Act of 20

September 1976 and to rule on the dual mandate.

OJ C 87 of 5 April 1992, p. 62.

OJ C 210 of 6 July 1998, p. 7.

Policy Department C: Citizens' Rights and Constitutional Affairs

____________________________________________________________________________________________

amended the original 1976 Act.

The Parliament gave its assent in May 2002 (based on a

report tabled by former President José Maria Gil-Robles Gil-Delgado). The Council decision

contains a number of important new provisions:



Members of the European Parliament are to be elected on the basis of proportional

representation, using either a list system or single transferable vote.

Member States became free to establish constituencies or subdivide their electoral areas as

they wished, provided this did not generally affect the proportional nature of the voting

system.

Member states were permitted to establish a minimum threshold for the allocation of

seats, provided this did not exceed five per cent of votes cast.

The office of Member of the European Parliament became incompatible with that of

member of a national parliament

The decision introduced a certain degree of uniformity into European electoral procedure in key

areas. Nonetheless it was also clearly stated that outside the provisions of the Act, electoral

procedure should be governed by Member States' national legislation, provided this does not

affect the 'essentially proportional nature' of the voting system.

During the current parliamentary term some small improvements were made such as the

change of the election date from June to May, which enables to constitute the new Parliament

before the summer break. In a recent resolution Parliament called for further steps to increase

the political and civic impact of the European elections. Among other proposals, Parliament

urges the Member States and (national and European) political parties



to see to it that the names – and, where appropriate, the emblems – of the European

political parties appear on the ballot paper;

to inform citizens, before and during the electoral campaign, about national parties'

affiliation with a European political party and their support for its candidate for the

Commission presidency and for his or her political programme;

to permit political broadcasts by the European political parties;

to hold a series of public debates between the candidates nominated for the Commission

presidency;

to consider first the candidate for Commission President put forward by the European

political party that wins the most seats in the Parliament, with a view to ascertaining his or

her ability to secure the support of the necessary absolute majority in Parliament.



2.2.

European Citizenship

Article 8 of the Treaty on European Union, signed in Maastricht on 7 February 1992, estab-

lished a citizenship of the Union, which applies to every person holding the nationality of a

Member State. Under Article 22 (1) TFEU 'every citizen of the Union residing in a Member State

of which he is not a national shall have the right to vote and to stand as a candidate at

municipal elections in the Member State in which he resides, under the same conditions as

nationals of that State. This right shall be exercised subject to detailed arrangements adopted

by the Council, acting unanimously in accordance with a special legislative procedure and after

Council Decision 2002/772 EC, Euratom of 25 June and 23 September 2002, amending the Act concerning the election

of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC,

Euratom (OJ L 283 of 21 October 2002).

European Parliament resolution of 4 July 2013 on improving the practical arrangements for the holding of the European

elections in 2014 (P7_TA-PROV(2013)0323).

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

consulting the European Parliament; these arrangements may provide for derogations where

warranted by problems specific to a Member State.'

For the first time, the concept of European citizenship became a practical reality: citizens of the

Union acquired a fundamental right, the right to vote and to stand as a candidate wherever

they resided in the Union. Article 39 of the Charter of Fundamental Rights of the European

Union has further codified this right. Since the entering into force of the Lisbon Treaty the right

to vote is also provided for in the TFEU (Articles 20 (2) b and 22 (1)).

This is of major significance both in terms of the principles involved - extending voting rights to

non-nationals was, for most Member States, a major novelty - and in practice, as about

3 million EU citizens were able to exercise their new rights for the first time in the European

elections in June 1994.

The relevant implementing arrangements (Directive 93/109/EC) were adopted by the Council

on 6 December 1993, laying down detailed arrangements for the exercise of the right to vote

and stand as a candidate in elections to the European Parliament for citizens of the Union

residing in a Member State of which they are not nationals.

It is important to note that, in the

spirit of subsidiarity and proportionality, the Council opted for a directive rather than a

regulation and has confined the contents to what is strictly necessary to achieve the set

objective. Thus the provisions of the directive do not affect Member States' legislation

concerning the right to vote and stand as a candidate for their nationals who are resident

outside the electoral territory. The directive is concerned primarily with repealing any

nationality requirements still in force in the various Member States and with harmonizing the

electoral rules to a certain extent.

All Member States of the Union have amended their legislation on the right to vote and stand

for election to comply with this directive. The differences between the electoral systems in the

Member States and the concern to avoid excessive formalities have resulted in a system that,

while flexible, contains sufficient safeguards against abuses. The Council directive therefore

establishes the following arrangements for the exercise of the right to vote:



Citizens of the Union must have their names entered on the electoral roll in their country

of residence (similar arrangements to those applying to national voters, but they are also

required to produce a formal declaration stating their nationality, address and intention to

exercise their right to vote in the Member State of residence).

Any citizen of the Union who has been deprived of his right to vote in his home Member

State is precluded from exercising that right in his Member State of residence.

A Union national submitting an application to stand as a candidate must produce the same

supporting documents as a candidate who is a national. He is also required to produce a

formal declaration stating, inter alia, that he is not standing as a candidate for election in

any other Member State.

The Member State of residence is required to inform the person concerned of the action

taken on his application (to vote or stand as a candidate). In the event of rejection, the

person concerned should be entitled to legal remedies under the national law of the

Member State of residence.

The Member States are required to inform EU voters and EU nationals entitled to stand as

candidates of the conditions and detailed arrangements for the exercise of the right to vote

and to stand as a candidate in elections.

Member States are to exchange the information required to ensure that no one votes more

than once or stands as a candidate in more than one Member State.

OJ L 329 of 30 December 1993.



Policy Department C: Citizens' Rights and Constitutional Affairs

____________________________________________________________________________________________

The directive also allows derogations where specific problems in any Member State so warrant.

However, it stipulates that such derogations do not apply to the principle of the right to vote

and to stand as a candidate in the country of residence but only to the arrangements for doing

so; the relevant provisions are derogations and not transitional arrangements and will be

maintained as long as the specific problems persist.

The Council of Ministers has, for example, granted Luxembourg a series of derogations owing

to the exceptionally high proportion of EU nationals resident in Luxembourg (over 20%). These

derogations entail a minimum residence requirement (five years, recently reduced to two

years) for the right to vote, a similar restriction (ten year residence requirement) to stand as a

candidate and a clause restricting the proportion of non-Luxembourg nationals on any list of

candidates (they may not constitute a majority on any list).

2.3.

European political parties: towards a European political debate

Political parties at the European level have evolved with the European Parliament itself, from

the 'Common Assembly' of the European Coal and Steel Community and the 'European

Parliamentary Assembly' of the Treaty of Rome to the European Parliament as we know it

today. Yet the first legal mention of political parties at the European level came only in 1992

(Treaty on European Union). Here, Article 138a stated that,

'political parties at European level are important as a factor for integration within the

Union. They contribute to forming a European awareness and to expressing the political

will of the citizens of the Union.'

The recognition of the importance of political parties signified that the European Union was no

longer a project built solely on consensus. The implicit message was that policy outcomes had

come to have both winners and losers, and that political parties were best placed to provide a

voice for citizens' views on the direction policy should take. Furthermore, in doing so, it was

hoped this could provide citizens with a greater stake and involvement in the European

integration process and in EP elections.

Out of 13 European political parties 12 are currently represented in the Parliament with at least

one Member. They cover a broad political spectrum, from Left to Right and pro-European

federalists to Euro-sceptic nationalists. There is also considerable variation of political views

within the parliamentary groups, especially in large groups such as the EPP or the S&D. There

are also a number of unattached members in the Parliament.

In 2003, a Council regulation (amended in 2007)

established laws governing political parties

at the European level, together with rules on their funding. For an organisation to be

considered a political party at European level, four conditions must be met:

1. It must have legal personality in the Member State in which its seat is located.

2. It must be represented in at least one quarter of Member States, by Members of the

European Parliament or in the national Parliaments or regional Parliaments or in the

regional assemblies, OR, have received at least three per cent of the votes cast in one

quarter of Member States at the most recent European elections.

Treaty on European Union, OJ C 191 of 29 July 1992.

Regulation (EC) 2004/2003 on the Regulations Governing Political Parties at European Level and the Rules Regarding

their Funding (OJ L297 of 15 November 2003) and Regulation (EC) 1524/2007 amending Regulation (EC) 2004/2003

(OJ L343 of 27 December 2007).

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

3. It must observe, in its activities, the principles on which the European Union is founded,

namely liberty, democracy, respect for human rights and fundamental freedoms, and

the rule of law.

4. It must have participated in elections to the European Parliament, or have expressed

the intention to do so.

In addition to these rules, the regulation also permits European level political parties to apply

for funding from the general budget of the European Union on a yearly basis. EU funding for

European political parties should not exceed eighty-five per cent of the total budget of the

party.

The 2007 amendment also enabled European level political foundations to apply for EU funding

through the European political party with which they are affiliated. Such foundations are

defined as:

[...] an entity or network of entities which has legal personality in a Member State, is affiliated

with a political party at European level, and which through its activities, within the aims and

fundamental values pursued by the European Union, underpins and complements the

objectives of the political party at European level [...]

More practically, such foundations, whether think tanks, youth forums or educational

organisations, should contribute to the debate on European public policy issues and on the

process of European integration. Taken in a broader context, the funding of European level

political foundations can be viewed as further recognition of the importance of engaging the

European citizenry more actively in European issues.

In a resolution adopted in 2011, on the practical experiences gained with the regime for party

and foundation finance established in 2004/2007

the Parliament developed its ideas with a

view to the next initiatives to take. The resolution recalled that the Treaty of Lisbon stresses

the role of political parties and their foundations to create a European polis, a political space at

EU level, and a European democracy. However, European political parties, as they stand, “are

not in a position to play this role to the full” because they are merely umbrella organisations

for national parties and have no roots in the electorate in the Member States. An authentic

legal status for European political parties and a legal personality of their own, based directly on

EU law, would enable the parties and their political foundations better to act as representative

agents of the European public interest.

The regulation on a new party statute

based directly on EU law may appear quite technical at

first sight but would certainly enhance the European parties’ status vis-à-vis their national

counterparts since it defines and implements a legal base for the establishment of a European

party in EU law. Up to now Euro-parties were obliged to register their head offices in one of the

member states (normally Belgium) under national rules. In conjunction with some of the

proposals for electoral reform (e.g., a European Electoral Authority) a more independent party

landscape could evolve. Importantly, with respect to the ban to contribute to the financing of

referendum campaigns, the Parliament called for a right to participate in referendum

campaigns as long as the subject of the referendum has a direct link with issues concerning the

European Union. However, this is not part of the final compromise achieved at the end of the

trilogue. In any case, some Member States need to adopt complementary national laws to

Op.cit., p. 4.

Resolution P7_TA(2011)0143

Doc. A7-0140/2013, referring to Commission proposal COM(2012)499. A compromise obtained in a trilogue with the

Commission and the Council was approved in committee on 18 March 2014 and adopted by Parliament on 16 April 2014

(P7_TA-PROV(2014)0421).

Policy Department C: Citizens' Rights and Constitutional Affairs

____________________________________________________________________________________________

ensure an effective application of the Regulation and obtain a sufficient transitional period to

that end. The Regulation should enter into force on 1 January 2017.

The 2014 elections are the first ones to be held under the Treaty of Lisbon. For the European

parties this means that they are responsible for appointing a top candidate for President of the

European Commission. As of 7 March 2014, six candidates have been chosen: Jean-Claude

Juncker for the EPP, Martin Schulz for the PSE, Guy Verhofstaedt for ALDE, Ska Keller and José

Bové for the Greens and Alexis Tsipras for the European Left. It will be an important challenge

for the European parties to negotiate with the European Council how the results of the elections

will have to be "taken into account" (Art. 17 (7) TEU).

2.4.

A growing Union, a growing Parliament

With a European Union growing from 9 Member States in 1979 to 28 Member States in 2013

the number of MEPs had to grow, too, if a minimum degree of proportional representation was

to be respected. The most dramatic transformation took place after the fall of the socialist

regimes in Central and (South) Eastern Europe at the end of the 1980s. Hence, in view of

German unification and the imminent enlargement of the European Union the European

Parliament elaborated a proposal how these historical changes should be reflected in the

allocation of seats, on the basis of an interim report tabled by MEP Karel De Gucht in November

1992.

De Gucht proposed that Germany’s number of seats should rise to 99, leaving France,

Italy and the UK with 87 each and raising the total number of MEPs to 567 for the twelve

Member States. The European Council of Edinburgh (11/12 December 1992) adopted this

proposal and fixed the number of seats as follows (previous numbers in brackets)

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

25 (24)

16 (16)

99 (81)

25 (24)

64 (60)

87 (81)

15 (15)

87 (81)

6 (6)

31 (25)

25 (24)

87 (81)

When, in 1995, three new Member States acceded to the European Union, the accession treaty,

still in the line of Parliament's proposal mentioned above, fixed the following number of seats

for them:

Doc. A3-186/92; OJ C 115 of 26 April 1993.

Council Decision of 1 February 1993 concerning the election of the representatives of the European Parliament by

direct universal suffrage (OJ L 33 of 9 February 1993).

The European elections: EU legislation, national provisions and civic participation

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Austria

Finland

Sweden

Thus the total number of members of the European Parliament became 626.

Also in view of the future enlargement of the European Union, the Treaty of Amsterdam, signed

on 2 October 1997, set a ceiling of 700 EP seats (Article 189 (2) TEC). Pursuant to Article 2 of

the Act of 20 September 1976, as modified by Article 5.1 of the Treaty of Amsterdam, every

new distribution of seats has to ensure appropriate representation of the peoples of the States

brought together in the Community. But after the accession of ten new Member States on 1

May 2004 the number of seats rose to 732, the Amsterdam ceiling having been modified in the

accession treaties. After the accession of Romania and Bulgaria on 1 January 2007 the

European Parliament comprised 785 MEPs (see the Protocol on the enlargement of the

European Union and Declaration Nr 20, both annexed to the Treaty of Nice). However, the

Treaty of Nice and the Act concerning the conditions of accession of the Republic of Bulgaria

and Romania and the adjustments to the treaties on which the European Union is founded

provided for a reduction to 736 seats after the 2009 elections.

Under the Lisbon Treaty seats are distributed on a degressively proportional basis. The Treaty

raised the minimum threshold of seats in the European Parliament to six seats per Member

State. The maximum number of seats for one Member State is 96. The following table

compares the allocation of seats applicable for the 2009 and 2014 elections.

June 2009

Germany

United Kingdom

France

Italy

Spain

Poland

Romania

Netherlands

Greece

Czech Republic

Belgium

Hungary

Portugal

Sweden

May 2014

See European Parliament legislative resolution of 12 June 2013 on the draft European Council decision establishing

the composition of the European Parliament (P7_TA-PROV(2013)0265)

Policy Department C: Citizens' Rights and Constitutional Affairs

____________________________________________________________________________________________

Bulgaria

Austria

Slovakia

Denmark

Finland

Ireland

Lithuania

Croatia

Latvia

Slovenia

Estonia

Cyprus

Luxembourg

Malta

Total

736

751

According to the latest official population figures

the principle of degressive proportionality

(the bigger the Member State, the higher the number of citizens per MEP) is still broken in six

cases (Germany, Italy, Romania, Hungary, Bulgaria and Slovakia). Based on working

documents and a report drawn up by MEP Andrew Duff the Committee on Constitutional Affairs

has been reflecting on a proposal for a second revision of the Electoral Act, which should

include a proposal on how the proportionality of seats could be automatically updated in the

future, according to demographic criteria and using a non-political mathematical rule. It has

been adopted at Committee level but not yet received the agreement of the Parliament.

OJ L333 of 12 December 2013, p. 77.

Doc. A7-0027/2012. See also Geoffrey Grimmett, The allocation between the EU Member States of the seats in the

European Parliament (Cambridge Compromise), doc. PE 432.760.

The European elections: EU legislation, national provisions and civic participation

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OVERVIEW OF ELECTORAL SYSTEMS AND PROVISIONS

3.1.

Distribution of seats

Of the 28 Member States using different forms of proportional representation, 15 have adopted

varieties of the D'Hondt system for counting votes and allocating seats (Austria, Belgium,

Denmark, Romania, Spain, Finland, France, the Netherlands (Hare/D'Hondt), the UK, Estonia,

Poland (Hare/D'Hondt), Slovenia, the Czech Republic, Hungary and Portugal). Germany

allocates at the national level using the divisor method with standard truncation Sainte-

Laguë/Schepers, Luxembourg uses the 'Hagenbach-Bischoff' system (equal to D'Hondt). In

Italy seats are allocated using the method of whole quotients and highest remainders, in

Ireland and in Malta by the system of the single transferable vote (STV-Droop

). In Greece the

system of pure proportional representation known as 'Enishimeni Analogiki' is applied. In Latvia

the standard Sainte Lagüe method and in Sweden the modified Sainte Lagüe method (odd-

numbers method in which the highest common factor is 1.4) applies. In Slovakia a system

based on the Droop method and the highest remainder, in Lithuania the Hare system combined

with the highest remainder are used. Cyprus applies a Hare quote system based on valid

votes.

3.2.

Preferential voting

In nine Member States (Germany, Spain, France, Greece, Portugal, the United Kingdom,

Estonia, Hungary and Romania) the voters cannot alter the order in which candidates appear

on a list (closed list). In sixteen Member States, which are Austria, Belgium, Bulgaria,

Denmark, Finland, Italy, Luxembourg, the Netherlands, Sweden, Lithuania, Latvia, Poland,

Slovakia, Slovenia, Czech Republic and Cyprus, casting preferential votes may change the

order of names on the list (semi-open list). In three countries (Ireland, Luxembourg and Malta)

and in one region (Northern Ireland) the lists are open. In Luxembourg voters may cross-vote,

i.e. they can vote for candidates from different lists and they have got as many votes as there

are mandates to allocate. In Malta, Ireland and Northern Ireland the electors vote for individual

candidates, i.e. every voter lists the candidates in order of preference (single transferable

vote). In Sweden voters may also add or delete names from the list.

3.3.

Vacant seats

In most of the Member States (e.g. Austria, Denmark, Finland, France, Italy, Luxembourg, the

Netherlands and Portugal) vacant seats are allocated to the first non-elected candidate on the

relevant list (in some cases after permutations based on the number of votes received by the

various candidates). In Belgium, Ireland, Germany and Sweden vacant seats are filled by

substitutes; in Spain and Germany, in the absence of substitutes, seats are filled according to

the order on the list. In Greece vacant seats are allocated to substitutes on the same list; if

In an STV election the quota is the minimum number of votes a candidate must receive in order to be elected. Any

votes a candidate receives above the quota are transferred to another candidate.

A technical description of the mathematical methods of seat apportionment mentioned here is provided in: Dieter

Nohlen, Electoral Systems and Voting Procedures at Local Level, Council of Europe Publishing, Strasbourg 1999.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

there are insufficient candidates on the list, by-elections are held. In the UK, vacancies are no

longer filled by means of by-elections: the next candidate on the relevant party list will take a

vacant position. In some Member States (e.g., Austria) Members have the right to return to the

Parliament once the reason for their departure is no longer applicable.

3.4.

Electoral system

Following the EU Council decision of May 2002, all members of the European Parliament must

be elected on the basis of proportional representation, using the List-PR system or the Single

Transferable Vote (STV). In practice 25 Member States use the List-PR system, while Malta, the

Republic of Ireland and Northern Ireland use the Single Transferable Vote.

The threshold for gaining representation in the different Member States also varies. The 2002

decision allows for individual countries to determine the threshold but sets the ceiling for any

formal threshold at 5 % of votes cast. In France (depending on the constituency), Lithuania,

Poland, Slovakia, the Czech Republic, Romania and Hungary lists obtaining fewer than 5%

nationally, in Austria, Italy and Sweden fewer than 4%, in Greece fewer than 3% and Cyprus

fewer than 1,8% of the votes do not qualify for the allocation of seats. In Germany, the United

Kingdom and several smaller Member States there is no percentage threshold. Bulgaria and

Romania use only valid votes for the calculation of the threshold.

3.5.

Franchise

The minimum voting age in all Member States is 18, except in Austria (16).

Every citizen of the Union residing in a Member State of which he is not a national has the right

to vote in the elections to the European Parliament under the same conditions as the nationals

of that State. However, the legal concept of residence varies considerably from one Member

State to another and may require a person to have his domicile or usual residence in the

electoral territory (Finland, France, Romania, Poland, Estonia and Slovenia), or to be ordinarily

resident there (Denmark, Greece, Ireland, Luxembourg, the United Kingdom, Cyprus, Slovakia

and Sweden) or to be entered on the population register (Belgium, the Czech Republic). To be

eligible to vote in Cyprus and in the Czech Republic, EU citizens must also satisfy a minimum

period of residence.

As regards the right to vote extended to citizens living abroad, the United Kingdom restricts

this right to government officials and members of the armed forces and to citizens who have

been resident abroad for less than fifteen years, provided the latter have made a declaration to

the relevant authorities.

Belgium, Denmark, Greece, Italy and Portugal grant the right to vote only to those of their

citizens living abroad who are resident in an EU Member State. Austria, the Netherlands, Spain,

Finland, France and Sweden allow all their citizens resident abroad to vote. Germany grants

the right to vote to citizens living abroad who are resident in another country, provided that

they are enrolled on the German electoral register. In Bulgaria, Ireland and Slovakia the right

to vote is restricted to citizens of the European Union domiciled in the country.

For more details on voting methods see The International IDEA Handbook of Electoral System Design, available at

http://www.idea.int/publications/esd/upload/ESD_overview_inlay_LowRes.pdf.

See also Douglas J. Amy, Behind the

Ballot Box: A Citizen's Guide to Voting Systems; Praeger Publishers, Westport 2000.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

3.6.

Candidature

The minimum age to stand for election is non-uniform in the Member States - it varies between

18 and 25 years. The age requirement is 18 years in Austria, Croatia, Denmark, Spain, Finland,

France, the Netherlands, Germany, Sweden, Hungary, Luxembourg, Portugal, Malta, Slovenia

and the United Kingdom; 21 in Belgium, Cyprus, Estonia, Ireland, Latvia, Lithuania, Poland,

Slovakia, Bulgaria and the Czech Republic, 23 years in Romania and 25 years in Greece and

Italy.

To be eligible to stand for election in Denmark, Germany, Sweden, Belgium, Ireland,

Luxembourg, Romania, the Czech Republic, Slovenia, Slovakia and France it is necessary to

satisfy the residence requirements laid down in the electoral law of the Member State

concerned. All Member States require candidates to be a national of one of the Member States

of the European Union. In Luxembourg, no list may be composed of a majority of non-

Luxembourg candidates.

Five MEPs have been elected in other Member States in 2009 (2004: 3; 1999: 4).

3.7.

Nomination of candidates

In six Member States the submission of nominations is restricted to political parties and

political organizations (Czech Republic, Denmark, Greece, the Netherlands, Germany and

Sweden).

In Greece, the Netherlands, Latvia, Slovakia and the United Kingdom a deposit is also required.

In Lithuania candidates can be nominated by political parties or public election committees, a

deposit is required, and every list has to be endorsed by 10 000 signatures of voters.

Elsewhere the only stipulation is that nominations should be endorsed by a specific number of

signatures of voters. In Ireland and Italy candidates can nominate themselves if they are

endorsed by the required number of signatures. In Portugal and Sweden candidates need not

collect a certain number of signatures. However, nominations must be submitted to the central

electoral authority.

3.8.

Constituencies

In most of the Member States the whole country forms a single constituency.

Five Member States (Belgium, France, Ireland, Italy and the United Kingdom) have divided

their national territory into a number of regional constituencies.

Constituencies of merely administrative interest or distributive relevance within the party lists

exist in Germany (16, only for the CDU/CSU), Poland (13) and in the Netherlands (19).

3.9.

Polling days

The next elections to the European Parliament will be held 22-25 May 2014 in the 28 Member

States. According to national traditions, voting days vary: the election takes place on Thursday

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

22 May 2014 in the Netherlands and the United Kingdom; on Friday 23 May 2014 in the Czech

Republic and in Ireland; on Saturday 24 May 2014 in the Czech Republic, Latvia, Slovakia and

Malta; and on Sunday 25 May 2014 in the other Member States. The 2014 election will be the

first time that Croatia participates in European Parliament elections at the same time as the

other Member States. It elected its 12 (from 2014: 11) MEPs for the first time on 14 April

2013.

3.10. Validation of election results

In Denmark, Luxembourg and Germany, the national Parliament rules on the validity of the

election and notifies the election results to the President of the European Parliament. In

Slovenia the National Assembly confirms the election of MEPs.

In Belgium, Austria, Finland, Ireland, Italy, Slovenia, Czech Republic, Estonia and the United

Kingdom, the courts rule on this matter and this is also the case in Germany if the

parliamentary decision is challenged. In France, the Council of State is competent for disputes

concerning the elections, but the Minister of the Interior also has the same right if (s)he feels

that the legally stipulated forms and conditions have not been respected. In Spain, the Junta

Electoral Central rules on validity, and in the Netherlands, Portugal and Sweden this is done by

a special validation board.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

INFORMATION BY MEMBER STATE

The provisions governing electoral procedures are - in most Member States - very detailed. The

Austrian Law on Elections to the European Parliament, for instance, has 91 Articles. Many

provisions are of an administrative (e.g., the enumeration of personal data to be given when

registering to vote or standing for election) or mathematical character (such as the allocation

of seats). Often they regulate only exceptional cases (e.g., some incompatibility criteria). Other

seemingly technical selection criteria, such as duration of residence, can of course be eminently

political. The following sections strive to limit technical details to a reasonable degree and to

underline politically salient points.

Readers interested in more intensive research on the topics covered here can make use of the

websites provided at the end of each section. Furthermore, a link list at the end of the

document provides direct access to some original legislation.

4.1.

Belgium

♦

Belgique / België / Belgien

Belgium, as one of the founding Member States, has had seven direct elections to the EP.

4.1.1.

Legislation

The elections to the European Parliament are governed by the European Parliament Elections

Act of 23 March 1989 as amended by the law of 16 July 1993 on the federal structure of the

State, the law of 11 April 1994 implementing Council Directive 93/109/EC (Moniteur belge,

16.4.1994), the law of 18 December 1998 (Moniteur belge, 31.12.1998), the law of 4 May

1999 (Moniteur belge, 28.11.1999), the law of 26 June 2000 (Moniteur belge, 14.07.2000), the

law of 27 December 2000 (Moniteur belge, 24.01.2001), the law of 17 June 2002 (Moniteur

belge, 28.08.2002), the law of 19 February 2003 (Moniteur belge, 21.03.2003), the law of 11

March 2003 (Moniteur belge, 17.07.2003), the law of 21 April 2007 (Moniteur belge,

26.04.2007), the laws of 14 April 2009 (Moniteur belge, 15.04.2009) and the law of 19 July

2012 (Senat doc. 1560 and Chamber doc. 2281, Moniteur belge , 22.08.2012).

4.1.2.



Distribution of seats

After the splitting-up of the Brussels-Hal-Vilvoorde constituency in 2012 the elections to

the European Parliament are based on the following four constituencies:

the Flemish electoral constituency comprising the administrative districts belonging to

the Flemish region;

the Walloon electoral constituency comprising the administrative districts belonging to

the Walloon region with the exception of municipalities in the German-speaking

region;

the Brussels Capital region electoral constituency;

the German-speaking electoral constituency comprising the municipalities of the

German-speaking region.



There are three electoral colleges: French, Dutch and German-speaking. Persons entered

There is also a useful web page where many of the legal bases mentioned in this chapter can be found in English:

http://www.legislationline.org/.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

on the electoral roll of six municipal districts of the former Brussels-Hal-Vilvoorde electoral

constituency (Rhode-Saint-Genèse, Linkebeek, Drogenbos, Wemmel, Kraainem et

Wezembeek-Oppem) may opt for either the French-speaking electoral college or the

Dutch-speaking electoral college.

Number of seats: In the 2014 (2009) elections Belgium has 21 (22) seats in the EP: 12

(11) will be elected by the Dutch-speaking electoral college (Flanders + the voters of the

Brussels region who vote for Dutch-speaking lists), 8 by the French-speaking electoral

college (Wallonia + the voters of the Brussels region who vote for French-speaking lists)

and 1 by the German-speaking electoral college.

On average, each Belgian MEP corresponds to approximately 531.500 citizens.

As can be seen from the following figures the percentage of women elected to the EP, who

now hold 8 of the 22 seats, has been increasing with each election period:

1979

MEPs

Women

4.1.3.



8,3

Electoral system

1984

20,8

1989

25,0

1994

32,0

1999

32,0

2004

33,0

2009

36,4



Belgium uses the preferential voting system.

Each voter has one vote that (s)he can give either to a list and/or to a specific candidate

on the list. After having chosen a list with candidates (list established by political parties in

a determined order), the voter can vote either the list (no preferential vote in that case) or

candidates by preferential vote within the list. The preferential vote does not change the

order of candidates on the list. However, the number of ballots allotted to the next

candidate on the list by devolution, increases automatically the sum of votes for this

candidate, so that preferential votes are only having a decisive influence when their

number is higher than the sum of votes after devolution of a candidate higher in the list.

Vote-splitting is not permitted. Seats are allocated by proportional representation using

the D'Hondt system.

There is no electoral threshold.

Franchise

4.1.4.



In addition to Belgian nationals aged 18 or over, the following are entitled to vote in

elections to the European Parliament and may exercise their right to vote for candidates

standing on Belgian lists:

Belgian nationals who are resident in another Member State of the European

Community;

Belgian nationals residing in any other country outside the EU who are aged 18, in

full possession of their voting rights and who apply to vote by post for Belgian lists;

nationals of other EU Member States who are aged 18 or over, who are entered on

the population register of a Belgian municipality and who have not been deprived of

the right to vote in their home Member State, provided they register themselves as

voters.



Voting is compulsory for all voters registered on electoral rolls and failure to do so carries a

penalty. Due to this fact the turnout for the elections of the European Parliament has been

one of the highest amongst the Member States:

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

turnout

1979

1984

1989

1994

1999

2004

2009

91,6%

92,2%

90,7%

91,05%

90,8%

90,4%



In the 2009 (2004) elections 11,2% (11,5%) of the total number of 592.380 (515.715)

voters from other Member States of the EU who are potentially allowed to vote in Belgium

registered to vote.

Both voting by proxy and postal voting are allowed. Postal voting is restricted to Belgians

resident in another Member State of the European Union. Voting in consulates is possible

in cases where a specific request was sent to the authorities.

Candidature

4.1.5.



In order to stand as a candidate it is now necessary:

- to be entered on the Belgian electoral roll,

- to be over the age of 21 on the day of the election,

- to be French-speaking if standing for the French-speaking Electoral College, German-

speaking if standing for the German-speaking Electoral College and Dutch-speaking if

standing for the Dutch-speaking electoral college.



In the 2009 (2004) European elections one (none) candidate from another Member State

resident in Belgium was elected to the European Parliament.

Polling days

4.1.6.



Voting will take place on Sunday, 25 May 2014

Counting of the votes: the time when the counting of the votes will begin will be fixed by

the King, taking into account the closure hours of the polling-stations in the other Member

States. The proclamation of the results will consequently depend on the moment when the

counting of the votes begins.

Nomination of candidates

4.1.7.



Lists of candidates must be endorsed by at least five Belgian Members of Parliament

belonging to the relevant linguistic group or by the signatures of at least 5.000 voters

registered on the relevant electoral roll (for the Walloon, Flemish or Brussels-Capital

constituencies), or by 200 voters registered in the German-speaking constituency.

Nominations must be submitted on the 58th or 57th day preceding the elections.

Distribution of seats

4.1.8.



Seats are allocated according to the criteria of proportional representation on the basis of

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

the number of votes cast for individual lists and candidates.

Substitute candidates from the same list fill in vacant seats.

There is no threshold clause.

Incompatibilities



4.1.9.

Apart from the incompatibilities laid down in the Act of 20 September 1976 and in the EC

directive of 6 December 1993, membership of the European Parliament is incompatible with

membership of the federal government, membership of community and regional assemblies or

executives and with membership of a permanent representative body (membre

d’une

députation permanente).

Membership of the European Parliament is also incompatible with the

office of mayor, alderman or chairman of the OCMW / CPAS (social aid centre) of a municipality

with more than 50.000 inhabitants.

4.1.10.



Regulations concerning the election campaign



There are no special rules for the European elections.

Campaign financing has been limited and controlled by the law of 14 May 1994 as

amended by those of 25 June 1998, 26 June 2000, 11 March 2003, and 25 April 2004,

notably the expenditure made in the three months preceding the elections. Total expenses

and also financial engagements may not exceed 1 million € per party.

The aforementioned law restricts access to the media. The radio and TV stations

themselves determine broadcasting time via the national media, although the length of

time awarded to a party depends on its importance.

The official campaign starts 40 days before the election.

No restrictions on opinion polls.

Validation of election results

4.1.11.

The Chamber of Representatives rules on the validity of elections with regard to those elected

and their substitutes and on any objections lodged pursuant to the electoral law.

4.1.12.

51H

Useful websites

(Federal Parliament)

(Senate)

(elections website of the Federal Department of

Internal Affairs)

http://www.fed-parl.be/

http://www.senate.be/

http://www.verkiezingen.fgov.be/

52H

53H

4.2.

Bulgaria

♦

България / Bălgarija

Since January 1, 2007 Bulgaria has been a Member State of the European Union. Voters

elected their representatives to the European Parliament for the second time on 7 June 2009.

4.2.1.

Legislation

On 5 March 2007 the bill on European Parliament elections was signed (State Gazette No.

20/06.03.2007), revised in 2011 (State Gazette of 28.01.2011).

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.2.2.



Distribution of seats

Bulgaria now has 17 MEPs in the European Parliament that were elected by general

suffrage.

The country, including voting stations outside Bulgaria, is a single multi-member

constituency.

On average, each Bulgarian MEP corresponds to approximately 428.500 citizens.

Number and percentage of women elected to the European Parliament:

2007

MEPs

Women

27,8

2009

41,2

4.2.3.



Electoral system



Bulgaria is using proportional representation.

A maximum of one preferential vote cast for a separate candidate shall be taken into

consideration where the number of votes obtained by a candidate at least amounts to

15% of the valid votes cast for the respective candidate list. In this case the candidate

that gets preferential vote moves up the list to replace the candidate sitting in the last

elected position in the original list order.

Seats are allocated according to the Hare-Niemeyer method.

Since the electoral threshold refers to valid votes it was higher than 5% of votes cast in

2009.

Franchise

4.2.4.



According to the current European Parliament election bill, Bulgarian nationals who have

not been living in an EU member state for at least 60 days in the three months prior to the

elections are banned from voting, unless they are in Bulgaria on the day elections are

scheduled to take place. Compulsory voting was ruled out by the Parliament.

2007

2009

turnout

29,2%

39%



In the 2009 elections 115 voters from other Member States of the EU registered to vote.

Candidature

4.2.5.



A person standing for European Parliament elections must be at least 21 years old.

Registration of candidate lists shall occur not later than the 35th day prior to election day.

A deposit for parties, coalitions, or initiative committees is required (BGN 10,000). The

deposit shall be returned to the parties and coalitions that have obtained no less than 2

percent of the valid votes, as well as to the initiative committees whose candidates have

obtained no less than 1 percent of the valid votes.

Candidates have to declare that they do not hold the nationality of a state outside the EU

and have resided permanently in the Republic of Bulgaria or in another EU Member-State

at least for the last two years

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.2.6.

Polling days

The second European Parliament elections took place on Sunday, 7 June 2009 (25 May in

2014).

4.2.7.

Incompatibilities

The status of a Member of the European Parliament shall be incompatible with that of being (a

member of):

the Government of a Member-State;

the Commission of the European Communities;

the Board of Directors of the European Central Bank;

the Court of Auditors of the European Communities;

the Economic and Social Committee of the European Economic Community and the

European Atomic Energy Community;

committees and other bodies constituted by virtue of the Treaties establishing the

European Economic Community and the European Atomic Energy Community with a view

to managing funds of the Communities or to performing permanent administrative tasks;

the Board of Directors or of the Management Committee or an official of the European

Investment Bank;

Ombudsman of the European Communities;

a Judge, Advocate-General, or Registrar of the Court of Justice of the European

Communities or of the Court of First Instance;

a representative or servant of the institutions of the European Communities or of other

specialized units attached to them or of the European Central Bank.

another office or activity that by virtue of the law is incompatible with the status of a

Member of Parliament.

Regulations concerning the election campaign

4.2.8.



The election campaign shall be funded with resources of the parties, the coalitions and the

initiative committees, as well as with donations from individuals and legal entities.

Donations may not exceed the amount of BGN 10,000, when coming from individuals, and

the amount of BGN 30,000, when coming from a legal entity. The total sum of funding for

the election campaign per candidate list may not exceed BGN 2,000,000.

The election campaign shall begin 30 days and shall end 24 hours prior to election day.

National Television and the National Radio provide parties and coalitions with television

and radio airtime for at least three debates of a total duration of at least 180 minutes. At

least half of the time shall be given to parties and coalitions represented in Parliament

who have registered candidates. The remainder is for parties and coalitions outside

Parliament and initiative committees, based on an agreement between the media and the

parties, coalitions and initiative committees concerned.

Printed media and private radio and television stations provide equal conditions and

prices for paid publications and broadcasts to all political parties, coalitions of political

parties and initiative committees registered to take part in the elections. Tariffs for such

services shall be announced not any later than the 40th day prior to election day.

No election campaigning shall be allowed 24 hours before and on election day. Results of

opinion polls concerning the elections may not be announced before the end of election

day.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.2.9.

Validation of election results

The Central Election Commission shall announce the votes obtained and the distribution of

seats among parties and coalitions not any later than three days after election day; the names

of elected Members of the European Parliament are provided not later than 5 days after

election day.

4.2.10.

54H

Useful websites

http://www.parliament.bg/

(National Assembly)

http://www.mfa.bg/

(Ministry of Foreign Affairs)

55H

4.3.

Czech Republic

♦

Česká republica

The Czech Republic joined the EU on 1 May 2004. The first EP elections were held on 11 and 12

June 2004, the second on 5 and 6 June 2009.

4.3.1.

Legislation

Law No. 62/2003 Coll. on European Parliament elections governs the elections of MEPs in the

Czech Republic. This law fully implements the Act concerning the elections of MEPs

(1976/787/ECSC, EEC, Euratom) as amended in 2002.

4.3.2.



Electoral system and distribution of seats



Since the 2009 elections Czech Republic had 22 seats. From July 2014 it will have 21

MEPs.

The electoral system for the European election is based on proportional representation.

Seats are allocated by using the d´Hondt system. This system is also applied to the

election of the Chamber of Deputies since 2000.

The whole territory of the Czech Republic is one constituency; political parties present only

national candidate lists. The threshold required to win a seat is 5 %. Preferential voting is

possible; each voter has up to two preferential votes. For shifting the position in the list, a

candidate has to obtain at least 5 % of votes delivered for his/her political party.

On average, each Czech MEP corresponds to approximately 500.000 inhabitants.

Number and percentage of women elected to the European Parliament:.

2004

MEPs

Women

20,8

2009

18,2

4.3.3.



Franchise

Any EU citizen aged 18 or over on the second polling day at the latest, with full voting

rights in their Member State of origin, is entitled to vote. Citizens other than Czech

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

Republic citizens must be registered as resident for at least 45 days.

Voting from abroad by correspondence or in advance is not possible.

In the 2009 elections 0,5% of the total number of 139.192 voters from other Member

States of the EU who are potentially allowed to vote in the Czech Republic registered to

vote.

The participation rate in the Czech Republic was:

2004

2009

4.3.4.



Candidature

turnout

28,3%

28,2%



Any EU citizen aged 21, mainly resident in the Czech Republic, with full eligibility rights in

their Member State of origin, may stand for election. Other EU citizens may stand for

election if they have been registered as resident for at least 45 days.

In the 2009 (2004) European elections 4(5) citizens from other Member States resident in

the Czech Republic registered as candidates. None (one) of them was elected.

Polling days

4.3.5.



The last elections took place on Friday 5 June 2009, from 2 pm to 10 pm, and Saturday 6

June 2009, from 8 am to 2 pm (23/24 May in 2014).

The count begins when the last polling station in the EU is closed.

Nomination of candidates

4.3.6.



The deadline for registration is 66 days before the election date.

Only political parties or political movements registered according to the Law on Political

Parties or their coalitions may nominate candidates for elections. The contribution to

election expenses is 15.000 Czech Crowns (about 600 €) for each party, political

movement or coalition.

Incompatibilities

4.3.7.

In addition to what is specified in the 1976 Elections Act, as amended by Council decision

2002/772/EC, Euratom, a mandate as a Member of European Parliament is incompatible with

the position of member of the Czech government, President of the State, Ombudsman, judge

or public prosecutor.

4.3.8.



Regulations concerning the election campaign



Certain election expenses are refunded for parties gaining at least 1% of the total valid

votes cast. They receive CZK 30 per vote (about €1).

The election campaign starts 16 days before the election date. Campaign posters may be

displayed.

Political parties, movements and coalitions may be presented on the

Česk�½ rozhlas

radio

channel and the

Česká televize

television channel for a total of 14 hours, starting 16 days

before polling day and ending 48 hours before. Broadcasting time is shared fairly between

parties, political movements and coalitions. During the election period canvassing by

political parties, movements and coalitions is prohibited.

Publication of opinion polls by any legal entity, on any radio or television channel, is

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

prohibited for the period starting three days before the polling day, and ending on the day

of publication of the results.

4.3.9.

Validation of election results

Complaints may be lodged to the Supreme Administrative Court.

4.3.10.

56H

Useful Websites

http://www.volby.cz/

(Czech statistical office)

http://www.psp.cz/

(Chamber of Deputies)

57H

58H

http://www.senat.cz/

(Senate)

4.4.

Denmark

♦

Danmark

Denmark has been a member of the Communities since 1973. The 2009 election was the

seventh direct election to the European Parliament. Denmark is represented by 13 MEPs.

4.4.1.

Legislation

The election is governed by the Consolidated Act on Election of Danish Representatives for the

European Parliament, LBK nr. 126 of 11.02.2013.

4.4.2.



Distribution of seats



Denmark forms one single constituency from which all 13 MEPs are elected. However, the

Faroe Islands and Greenland do not form part of the constituency. The seat that was

allocated to Greenland under previous legislation (Lb.no.619 of 14/12 1977) reverted to

Denmark following Greenland’s withdrawal from the EU in 1985.

On average, each Danish MEP represents approximately 430.000 citzens.

The number and percentage of women elected to the European Parliament during the

1979-2009 period:

1979

MEPs

Women

31.2

1984

37.5

1989

37.5

1994

43.8

1999

37,5

2004

35,7

2009

46,1

4.4.3.



Electoral system

Denmark employs a system of proportional representation.

Each voter has one vote that can be given either to a list as a whole or to a candidate

chosen from the list. During the counting of the votes, all votes cast for candidates and

lists in the individual electoral districts are added together. The candidates with the most

votes on the individual lists are elected.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________



Seats are allocated to the individual lists using the D'Hondt system.

Electoral alliances are possible. The subapportionment between their members is by

D'Hondt.

Franchise

4.4.4.



Any person who has the right to vote in elections to the Danish Parliament (Folketinget)

has the right to vote in elections to the European Parliament. In addition, anyone who is a

Danish citizen, is 18 years old and has permanent residency in one of the other EU

Member States has the right to take part in the European Parliament elections, unless

she/he has been placed, with legal effect in Denmark, under the care of legal guardians.

Citizens of other Member States who are 18 years old or over and permanently resident in

Denmark are also entitled to take part in the elections to the European Parliament, unless

she/he has been placed, with legal effect in Denmark, under the care of legal guardians.

However, no person who is entitled to vote can do so without being registered on the

electoral roll.

Voting is not compulsory.

Votes by correspondence are accepted in addition to casting a regular vote. The ballots can

be cast throughout the last 3 months before the Election Day. In the Faroe Islands,

Greenland, in foreign countries and on Danish ships travelling outside of Danish waters

and on Danish off-shore installation plants outside Danish waters, postal votes can be cast

during the 3 months which precede the Election Day, without the restriction that applies to

Denmark. The Minister of Home Affairs may issue rules that citizens of other Member

States of the EU are only allowed to cast their vote in specified diplomatic or consular

representations.

The participation rate in European Elections:

1979

1984

1989

1994

1999

2004

2009

turnout

47,8%

52,4%

46,2%

52,9%

50,5%

47,9%

59,5%



In the 2009 (2004) elections 17,1% (26,7%) of the total number of 97.919 (58.148)

voters from other Member States of the EU who are potentially allowed to vote in

Denmark registered to vote.

Candidature

4.4.5.



Any person who has the right to vote in the elections to the European Parliament and who,

at least four weeks before Election Day, fulfills the criterion for the right to vote, with the

exception of the age criteria, may stand for elections.

No one can run for election without giving her/his consent to be a candidate.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.4.6.

Polling days

The last elections to the European Parliament took place on Sunday, 7 June 2009 (25 May in

2014).

4.4.7.



Nomination of candidates



Parties represented in the

Folketing

or in the European Parliament are entitled to submit

lists of candidates. Lists submitted by parties not represented in the

Folketing

must be

supported by at least 2% of valid votes cast in the last election.

A list may contain a maximum of 20 candidates and the political parties have the right to

decide the order in which names appear on their list (party list). Moreover, lists may be

linked.

Distribution of seats

4.4.8.



Seats are allocated according to the number of votes that individual candidates or lists

obtain. The next candidate on the same list fills in the vacant seat.

There is no threshold clause.

Incompatibilities

4.4.9.



The Community level incompatibilities are listed in the 1976 European Electoral Act, as

amended in 2002, and in Council Directive 93/109. The Consolidated Act of Election of

Danish Representatives to the European Parliament (Lb. 264/2001) incorporates these

incompatibilities.

In addition, Danish law states that a person who has been punished for an action, which

according to common sense makes her/him undeserving of being an MEP, cannot be

elected. The same applies for persons who, in a civil or criminal procedure in their country

of origin, have lost their eligibility.

Regulations concerning the election campaign

4.4.10.



Rules regarding election campaigning are laid down by the Government Order on

Campaigning No. 645 of October 12, 1989, as amended by Government Order no. 828 of

12 December 1998.

There is no official campaign starting date.

Campaign expenses are not subsidised by the state.

Validation of election results

4.4.11.

The Danish Parliament carries out validation of the results in elections to the European

Parliament.

4.4.12.

59H

Useful websites

(Parliament)

http://www.folketinget.dk/

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.5.

Germany

♦

Deutschland

Germany was a founding member of the Communities in 1952/57. It has thus seen seven

direct elections to the EP. Germany had 99 seats in the European Parliament. From the 8th

term the number will be reduced to 96.

4.5.1.



Legislation



The European electoral law in its version as published on 8 March 1994 (BGBl. I S. 423,

555, 852) and amended on 17 March 2008 (BGBI. I, p. 394) and 7 October 2013 (BGBl. I,

p. 3749).

The European electoral regulation published on 2 May 1994 (BGBl. I, p. 957) and amended

on 27 March 2008 (BGBI. I, p.476) and on 16 December 2013.

Distribution of seats

4.5.2.



The 96 Members are elected from either Land or Federal lists.

On average, each German MEP corresponds to approximately 838.700 citizens.

Number and percentage of women elected to the EP over the period 1979-2009:

1979

MEPs

Women

4.5.3.



14,8

Electoral system

1984

19,7

1989

35,8

1994

35,4

1999

37,4

2004

31,3

2009

37,4



System of proportional representation by means of “closed” lists. Parties or other political

associations submit either a collective federal list or, in the case of the CDU/CSU, lists at

the level of the federal states (Länder).

Votes are counted at the federal level. Where a party submits federal state (Länder) lists

the total number of seats won by that party is divided among them using the divisor

method with standard truncation (Sainte-Laguë/Schepers).

There is no threshold required to win a seat.

Franchise

4.5.4.



German citizens (cf. Art. 116 Section 1 Basic Law) aged 18 or over and who is a resident

in Germany or another country, provided they are enrolled on the German electoral roll,

are entitled to vote.

EU citizens aged 18 or over and in full possession of their voting rights in their Member

State of origin are entitled to vote.

Voting is not compulsory.

The Electoral Law was amended on 7 October 2013 due to decision BvC 4/10 of the Federal Constitutional Court (see

BGBl. I S. 3749), to lower the previous threshold of 5% to 3%. However, this law was declared void by decision 2 BvE

2/13 of 26 February 2014. Therefore, there will be no threshold for the 2014 elections.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________



The holder of a ballot paper may vote in person or by post.

Voting by proxy or at an embassy is not allowed.

Statistics of the turnout of past elections:

turnout

1979

1984

1989

1994

1999

2004

2009

65,7%

56,8%

62,4%

60,0%

45,2%

43,0%

43,3%



In the 2009(2004) elections 6,6% (6,1%) of the total number of 2.142.810 (2.156.388)

voters from other Member States of the EU who are potentially allowed to vote in

Germany registered to vote.

Candidature

4.5.5.



Citizens aged 18 or over are entitled to stand for election. The candidate has to be in full

possession of his/her right to stand as a candidate.

EU citizens who on polling day are residents of Germany or usually reside in Germany and

who are aged 18 or over, are entitled to stand for election. The candidate has to be in full

possession of his/her right to stand as a candidate in his/her Member State of origin.

In the 2009 (2004) European elections 14 (16) citizens from other Member States

resident in Germany registered as candidates. None (one) of them was elected.

Polling days

4.5.6.



Elections always take place on a Sunday; the last one took place on Sunday, 7 June 2009

(25 May in 2014).

Other elections on the same day: municipal elections in Baden-Württemberg,

Brandenburg, Hamburg, Mecklenburg-West Pomerania, North Rhine-Westfalia, Rhineland-

Palatinate, Saarland, Saxony, Saxony-Anhalt and Thuringia.

The final results are published by the Federal Returning Officer one day after the vote.

Nomination of candidates

4.5.7.



Federal lists may be registered with the federal returning officer no later than 83 days

before the elections and for lists at the level of the 16 Länder, no later than 66 days

before the elections. The latter have to be submitted to the returning officer at Länder

level.

Political parties and political associations organised on the basis of affiliation and based on

European Union territory may submit lists with candidates’ names.

Parties with less than five representatives in the German Bundestag or in the Parliament

of a "Land" must submit 4000 signatures alongside their official registration. For lists at

the level of a Land it is just 2000 signatures. Lists for single federal states of parties and

other political associations that have not been represented continuously in the European

Parliament, the

Bundestag

or one of the state parliaments (Landtage) on the basis of own

candidate proposals with at least five delegates also have to be signed personally and by

hand by one of each thousand of eligible voters, but not more than 2000 voters, of the

respective federal state. Collective lists for all federal states by those eligible to register

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

proposals in terms of paragraph 1 also have to be signed personally and by hand by 4000

eligible voters.

No deposit is required.

Distribution of seats



4.5.8.

Seats are allocated at the national level using the divisor method with standard truncation

Sainte-Laguë/Schepers.

4.5.9.

Incompatibilities

Any person who has been punished for an act which by general standards makes that person

unworthy of being a member of the European Parliament is not eligible. Any person who by a

decision of civil or criminal law has been deprived of his/her eligibility for the European

Parliament in the member state of which he is a national, is also not eligible (cf. Art. 6 of the

Act on the Elections to the European Parliament, as amended in 2011).

Since 2004 membership of the European Parliament is incompatible with a mandate of the

Parliament of the Federal Republic of Germany.

4.5.10.



Regulations concerning the election campaign



Any party and/or political association that obtained at least 0.5 % of the valid votes cast

is entitled to public funding, which is granted in view of the number of votes obtained, the

membership fees and the donations received. It is € 0,85 for the first four million valid

votes cast for their list, and € 0,70 for any votes exceeding this number.

There is no official starting date for the campaign. However, public relations activities of

governmental institutions before elections are subject to constitutional limits following the

principle of equal opportunities for parties and political associations. In this context the

Federal Constitutional Court has defined a period before the election characterised by an

"order of strict restraint" and the "ban of any public relations work in the form of so called

work reports, efficiency reports and success reports financed by budget resources". The

moment the Federal President announces the election date may act as an orientation for

the start of this period in which "there is no room anymore" for said reports (BVerfGE, 44,

125, 2 BvE 1/76, decision of 9 September 1976, IV.3.a). When applied to European

elections, this decision would suggest a similar approach starting from the publication of

the election date by the Council.

As laid down in the TV and Radio regulations (Rundfunkstaatsverträge) and in the

electoral law, state broadcasters must ensure access for all political parties/associations

admitted to the elections.

Opinion polls are permitted until polling day.

Validation of election results

4.5.11.

The final results are published by the Federal Returning Officer one day after the vote. They

can be contested by appeal to the

Bundesverfassungsgericht

(Federal Constitutional Court).

4.5.12.

60H

Useful websites

(Parliament)

(Federal Returning Officer)

http://www.bundestag.de/

http://www.bundeswahlleiter.de

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.6.

Estonia

♦

Eesti

Estonia joined the EU on 1 May 2004. Its second election was held in June 2009.

4.6.1.

Legislation

The European Parliament Election Act was passed on 18 December 2002, came into force on

23 January 2003 and was amended on 18 December 2003, 21 January 2004, 9 March 2004 ,

14 April 2004, 22 September 2004, 29 September 2004, 9 June 2005, 7 June 2006, 16

November 2006, 11 December 2008 and 17 October 2012.

4.6.2.



Distribution of seats

Estonia has 6 seats in the European Parliament. The country forms one single

constituency.

Each Estonian MEP represents approximately 220.000 citizens.

Number and percentage of women elected to the European Parliament:

2004

MEPs

Women

2009

4.6.3.



Electoral system

Proportional representation.

The parties put forward lists of candidates. Each voter has one vote that can be cast

either in favour of a candidate list (closed party lists) or an independent candidate.

Preferential voting.

The seats are allocated according to the D'Hondt system.

Franchise

4.6.4.



An Estonian citizen who has reached the age of 18 by election day has the right to vote.

Voting is not compulsory.

A citizen of another Member State has the right to vote, provided that he/she has reached

the age of 18 by election day and his permanent residence is in Estonia (the address

details of his residence have been entered in the Estonian population register), and

he/she has not been deprived of the right to right to vote in his Member State of origin.

The right to vote is removed when the elector has been divested of active legal capacity

by a court or has been convicted by a court and is serving a sentence in a custodial

institution.

Estonian residents that live abroad are entitled to vote either by post or electronically.

Voting is also held on Estonian ships located in international waters or waters of a foreign

state.

Advance voting is held from the 10th to 4th day before Election Day.

The participation rate in Estonia was 43,9% in the last European election 2009.

In the 2009(2004) elections 11% (12,2%) of the total number of 8.649 (5.054) voters

from other Member States of the EU who are potentially allowed to vote in Estonia

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

registered to vote.

2004

2009

4.6.5.



Candidature

turnout

26,8%

43,9%

The right to be elected includes every Estonian and European Union citizen with the right

to stand as a candidate and who is at least 21 years old.

A deposit of 1775€ is required.

Regular Members of the Defence Forces have no right to stand as candidates in elections to

the European Parliament.

A person who has been divested of legal capacity or who has been convicted of a crime by

a court and is serving a sentence in a penal institution shall not stand as a candidate to

the European Parliament.

Polling day

4.6.6.

Election day will be on Sunday, 25 May 2014. The count begins at 7 pm.

4.6.7.



Nomination of candidates



Presentation of candidates for registration ends at 6 pm on the forty-fifth day before the

election day.

Any eligible person 21 years or older may stand as an independent candidate. Registered

political parties may present candidates’ lists that can include up to 12 candidates.

A member of a political party may not stand as a candidate in the candidates’ list of

another political party.

The candidate’s written consent to stand for election is required. A citizen of another

Member State must also produce an attestation from the competent administrative

authorities of his/her home Member State certifying that he/she has not been deprived of

the right to stand as a candidate in that Member State or that no such disqualification is

known to those authorities.

A deposit to the Account of the National Electoral Committee is required for each

candidate. The amount of the deposit is five times the minimum monthly wage

established by the government. Based on the current minimum monthly wage the deposit

would amount to about 1390 €.

Distribution of seats

4.6.8.



Seats are allocated according to the order of candidates on the candidate list. There is no

threshold clause. Candidates are re-ranked according to the number of votes received.

The next candidate on the list fills vacant seats.

Incompatibilities

4.6.9.



In addition to the incompatibilities specified in the Act concerning the election of the

representatives of the European Parliament by direct universal suffrage, the following

shall not be Members of the European Parliament:

–

President of the Republic;

members of the Government of the Republic;

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

–

persons serving in offices appointed by the

Riigikogu

(Parliament), the President of

the Republic, the Government of the Republic, the Prime Minister or the head of a

government agency or another state agency, except the chairman of a board if the

appointment is made by the

Riigikogu

pursuant to the law;

the Chairman of the Board of the Bank of Estonia;

regular members of the Defence Forces;

a rural municipality or city major;

members of a rural municipality or city council;

members of the Commission of the European Communities;

judges, Advocates-General and the Registrar of the European Court of Justice and

the Court of First Instance of the European Communities;

other officials or servants of the institutions of the European Communities or of the

specialised bodies attached to them or of the European Central Bank.

Regulations concerning the election campaign

–

4.6.10.



Active campaigning is prohibited on election day. Campaigning is prohibited in polling

places as well as rooms through which voters enter the polling places.

No official date for the beginning of the election campaign is specified. The period of

active election campaigning usually starts on the day when the presentation of candidates

for registration ends, i.e. on the forty-fifth day before election day.

There is no fixed ceiling for campaign expenses. The election campaigns of political

parties are financed from their private resources. Campaign funds derive from

membership fees, donations, estate, economic activities of a political party, loans and

other sources. Anonymous donations are not permitted. There is no fixed reimbursement

for campaign expenses. However, the political parties represented in the

Riigikogu

receive

yearly allocations from the state budget. The amount is proportional to the number of

seats received in the

Riigikogu

elections. A political party and an independent candidate

shall, within one month after election day, submit a report to the National Electoral

Committee concerning expenses incurred and sources of funds used for the conduct of the

election campaign.

The Broadcasting Council establishes the rules of procedure for election campaigns

conducted on Estonian Radio and Estonian Television. The Broadcasting Act also states

the requirement for political balance as being one of the founding principles of

broadcasting activities.

There are no restrictions on publishing opinion polls.

Validation of election results

4.6.11.



The National Election Committee declares the results no later than on the twentieth day

after Election day.

Any decision or act of an election committee can be contested. The county election

committee reviews the acts of the polling decision committee which, on their side are

reviewed by the National Election Committee. The National Court reviews the acts and

decisions of the National Election Committee.

Useful websites

(National Election Committee)

(Parliament)

4.6.12.

61H

http://www.vvk.ee/

http://www.riigikogu.ee

62H

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.7.

Greece

♦

Ελλη�½ική Δημοκρατία

The 2009 elections were the 7

electoral mandate of Greek MEPs in the EP. 22 MEPs were

elected to the European Parliament (21 from 2014).

4.7.1.

Legislation

The Electoral Law No. 1180/81 of 20 July 1981 and Law No. 1427/84, on the exercise of the

electoral rights of Greek nationals living in the EU, have been supplemented and amended by

the law of 22 March 1994 establishing the arrangements for the election of the Greek

representatives to the European Parliament (Greek official journal No 2196). There now exists

a consolidated version DP 96/2012 (Official Government Gazette 57A). The electoral procedure

for the European and local elections was modified by law 4255 of 11 April 2014, which

introduces open party lists.

4.7.2.



Distribution of seats

Greece constitutes one electoral area.

On average each Greek MEP corresponds to approximately 526.700 citizens.

The representation of women is as following:

1984

MEPs

Women

8,3

1989

1994

1999

2004

20,8

2009

31,8

4.7.3.



Electoral system

Proportional representation on a national basis.

Voters can express a preference for a maximum of four candidates of the list.

Seats are distributed in accordance with the order of the candidates on the lists.

Electoral threshold: 3% of votes cast.

Franchise

4.7.4.



Greek citizens and nationals of other EU Member States aged 18 years or over may vote

in elections to the European Parliament and exercise their right to vote for candidates on

the Greek national lists.

Greek citizens resident in a municipality other than the one where they were born are

allowed to vote in the place of residence if they have submitted a request to do so to the

mayor of the municipality where they are resident at least 2 months before the elections.

Greek citizens resident in another EU Member State may vote at the Greek consulate.

Greek citizens resident outside the EC are unable to vote unless they return to Greece or

go to vote at an embassy or a consulate in an EC country.

Voting is compulsory for all voters entered on the electoral roll. Due to this fact the

turnout for the elections to the EP has been consistent and rather high:

turnout

1981

81,5%

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

1984

1989

1994

1999

2004

2009



80,6%

80,0%

73,2%

70,2%

63,2%

52,6%

In the 2009 (2004) elections 5,7% (3,9%) of the total number of 114.377 (64.672)

voters from other Member States of the EU, who are potentially allowed to vote in Greece,

registered to vote.

Candidature

4.7.5.



Greek citizens and citizens of other Member States of the European Union who are at least

25 years old are eligible to stand as a candidate in the European Parliament elections.

In the 2009 EP elections, no citizen of another Member State registered as a candidate.

Polling days

4.7.6.

The last election took place on Sunday, 7 June 2009 between 7 am and 7 pm. The next

elections will take place on 25 May 2014.

4.7.7.



Nomination of candidates

Political parties or party coalitions (including non-party movements) may submit lists of

candidates. Each list can include a maximum of 42 candidates.

A deposit of 3000€ is required when submitting a list. This amount will be reimbursed if

the list obtains 3% of the votes.

The lists must be deposited 17 days before the elections, at the very latest. Fourteen days

before the elections, the Appeal Court proclaims the names of the candidates and informs

the Minister of Home Affairs.

Distribution of seats

4.7.8.



Seats are allocated according to the order of candidates on the list.

Substitute candidates from the same list fill out the vacant seats. If the number of

candidates presented on the list is exhausted, replacement elections are held.

Incompatibilities

4.7.9.

The incompatibilities contained in the European Election Act of September 1976, as amended in

2002, and the Council directive of 6 December 1993 apply.

4.7.10.



Regulations concerning the election campaign

The election campaign starts 30 days before the election day.

Campaign financing is limited to a certain amount by the Government.

The Supreme Court determines the broadcasting time for all the legal parties. Opinion

polls may not be published by the media 1 day before the elections.

Candidates are permitted to appear twice on nationwide radio or television.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.7.11.

Validation of election results

Final results are being officially announced 4 to 5 days after the vote by the Ministry of Interior.

The election results can be contested in the Constitutional Court.

4.7.12.

63H

Useful websites

(Parliament)

http://www.parliament.gr/

4.8.

Spain

♦

España

Spain joined the Communities in 1986. The first direct election to the European Parliament took

place on 10 June 1987.

4.8.1.



Legislation

Royal decree No. 1621/2007 of 7 December, regulating a voting procedure for Spanish

citizens who are temporarily resident abroad– ORGANIC LAW 5/1985 OF 19 JUNE

(GENERAL ELECTORAL ACT) (Spanish Official Gazette (BOE) No 147, 20 June), as

amended by Organic Law 1/1987 of 2 April (BOE No 80, 3 April), Organic Law 8/1991 of

13 March (BOE No 63, 14 March), Organic Law 6/1992 of 2 November (BOE No 264, 3

November), Organic Law 13/1994 of 30 March (BOE No 77, 31 March), Organic Law

3/1995 of 23 March (BOE No 71, 24 March), Organic Law 1/1997 of 30 May (BOE No 130,

31 May), Organic Law 3/1998 of 15 June (BOE No 143, 16 June), Organic Law 8/1999 of

21 April (BOE No 96, 22 April), Organic Law 6/2002 of 27 June (BOE No 154, 28 June),

Organic Law 1/2003 of 10 March (BOE No 60, 11 March), Organic Law 16/2003 of 28

November (BOE No 286, 29 November), Organic Law 3/2007 of 22 March (BOE No 71, 23

March), and Organic Law 9/2007 of 8 October (BOE No 242, 9 October). Organic Law

8/2010, of 4 November (BOE No 268, 5 November). Organic Law 2/2011, of 28 January

(BOE No 25, 29 January). Organic Law 3/2011, of 28 January (BOE No 25, 29 January).

Organic Law 7/2011, 15 July (BOE No 170, 16 July). Royal decree No. 1621/2007 of 7

December, regulating a voting procedure for Spanish citizens who are temporarily

resident abroad. Royal Decree No. 605/1999 of 16 April, supplementing the rules on

electoral procedures, as amended by Royal Decree No. 1382/2002 of 20 December (BOE

No 305, 21 December). Ministerial order HAP/555/2014 of 7 April 2014 (BOE No 86,

9 April 2014).

Distribution of seats

4.8.2.



Spain has currently 54 seats.

For the European Parliament elections, Spain forms a single national constituency.

On average each Spanish MEP corresponds to approximately 864.800 citizens.

The number and percentage of women elected to the EP over the period 1984-2009:

1984

MEPs

Women

1989

18,3

1994

32,8

1999

34,4

2004

31,5

2009

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.8.3.

Electoral system

Proportional representation at national level, using the D'Hondt system, in accordance with the

law on general electoral procedure.

4.8.4.



Franchise

Any EU citizen aged 18 or over and fully entitled to vote in his/her country of origin.

Spanish nationals residing abroad are entitled to vote by post.

Proxy voting is not permitted.

Statistics about the turnout of past elections:

turnout

1987

1989

1994

1999

2004

2009

68,9%

54,8%

59,1%

63,1%

45,1%

44,9%



In the 2009 (2004) elections 14,4% (18,5%) of the total number of 1.970.778

(1.700.906) voters from other Member States of the EU, who are potentially allowed to

vote in Spain, registered to vote.

Candidature

4.8.5.



Any EU citizen aged 18 years or over and fully entitled to stand for election in his or her

country of origin.

Candidate lists must be submitted between the 15th and 20th day following the day on

which the election is officially announced. No deposit required.

In the 2009 (2004) European elections 9 (10) citizens from other Member States resident

in Spain registered as candidates. None of them was elected.

Polling day

4.8.6.

Voting takes place on a Sunday. The 2009 elections took place on Sunday, 7 June (25 May in

2014).

4.8.7.



Nomination of candidates

The organic law states that candidates must register their candidacy between 15 and 20

days after publication of the decree calling for the election.

No deposit is required.

Rules: parties, coalitions, federations and groups of voters who have obtained the

signatures of 15.000 voters or 50 elected representatives (including members of local

councils) may submit ordered lists of candidates.

Distribution of seats

4.8.8.



Seats are allocated in the order in which the candidates appear on the lists. For elections

to the European Parliament candidates with less than 3% of the vote are not excluded.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________



If a Member dies, is incapacitated or resigns, the next candidate on the list takes the seat

or, where applicable, the relevant substitute.

Incompatibilities

4.8.9.

As specified in the 1976 Act, as amended in 2002. The Organic Law also provides a long list of

national offices that are incompatible with a MEP mandate, e.g.:



members of the Spanish Royal Family as well as their spouses;

the Presidents of the Constitutional Court, of the Supreme Court, of the Council of State, of

the Court of Auditors and of the Council referred to in Section 131.2 of the Constitution;

judges of the Constitutional Court, members of the General Judiciary Council (Consejo

General del Poder Judicial), Standing Councillors of State and members of the Court of

Auditors;

the Ombudsman (Defensor del Pueblo) and his/her assistants;

the Attorney-General (Fiscal General del Estado) undersecretaries, Secretaries-General,

Directors-General of Ministries and similar departments; in particular, the Directors of

departments in the Office of the President of the Government and Directors of the Offices

of Ministers and Secretaries of State;

accredited Heads of diplomatic missions with official residence in a foreign State or at the

seat of an international organisation;

higher court judges, ordinary judges and public prosecutors in active service;

professional and reserve military officers as well as members in general of the armed

forces and security and police corps in active service;

chairmen, members and secretaries of Electoral Commissions;

Government delegates in Autonomous Communities, provincial sub-delegates and deputy-

sub-delegates and similar authorities with a different area of jurisdiction;

The President of the Spanish broadcasting corporation and its subsidiaries;

Presidents, Directors and similar officers of autonomous state organisations with

responsibility over the whole national territory, as well as the respective Government’s

Delegates;

Presidents and Directors-General of Social Security Managing Boards with responsibility for

the whole national territory;

the Director of the Electoral Register Office;

Member of the legislative assembly of one of the autonomous communities (Andalusia,

Aragon, Asturias, Balearic Islands, Cantabria, Catalonia, Canaries, Castile-La Mancha,

Castile and León, Estrémadura, Galicia, La Rioja, Madrid, Navarra, Basque country,

Valencia, Murcia) or one of the autonomous cities (Ceuta and Melilla).

Regulations concerning the election campaign



4.8.10.



The State covers all expenses involved in electoral activities up to a maximum of

€32.508,74 per seat obtained in the EP and € 1,08 per vote obtained.

For the elections to the European Parliament, the ceiling for electoral expenses is obtained

by multiplying €0,19 by the number of inhabitants legally resident in the electoral areas

required to issue ballot papers.

The campaign officially opens 38 days after the election is called. Its duration is 15 days.

The Campaign closes at the latest at midnight on the day before the elections.

Access to the media: political parties represented in the European Parliament and the

national Parliament will be allocated broadcasting time on television and radio in

proportion to the number of votes obtained by them in previous elections.

No polls are allowed in the 5 days preceding the elections.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.8.11.



Validation of election results

By the Central Electoral Committee, on the 3rd day after the vote.

The Supreme Court has sole jurisdiction where the results are contested.

Useful websites

(Parliament)

4.8.12.

64H

http://www.congreso.es/

4.9.

France

France was a founding member of the Communities in 1952/57. The French representatives to

the European Parliament were elected by direct universal suffrage for the first time in 1979.

4.9.1.



Legislation

Law No 77-729 of 7 July 1977, as amended by decree No. 2009-536 of 14 May 2009 and

law No. 2013-907 of 11 October 2013.

Decree No 79-160 of 28 February 1979, as amended by decree No. 2009-430 of 20 April

2009, on the election of regional councillors and MEPs and on the funding of political

parties.

Distribution of seats

4.9.2.



In the 2009 elections, France had the right to elect 72 MEPs. From 2014 it has 74 seats

Number and percentage of women elected to the EP over the period of 1979-2009:

1979

MEPs

Women

22,2

1984

20,9

1989

20,9

1994

29,9

1999

43,6

2004

42,3

2009

44,4



On average, each French MEP corresponds to 886.900 citizens.

Electoral system

4.9.3.

Regional list system (8 electoral constituencies). Proportional representation, with no cross-

voting or preference voting. There is a 5% threshold for each constituency.

4.9.4.



Franchise



All EU citizens aged 18 or over having their main address in France or being resident in

France on a continuous basis, and in full possession of their voting rights in their Member

State of origin.

Voting is not compulsory.

French Overseas Territories: although these territories are associated with the EU rather

than being an integral part of it, their inhabitants may vote by virtue of the French legal

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

principle of the indivisibility of the Republic.

Participation rate in France in past European elections:

turnout

1979

1984

1989

1994

1999

2004

2009



60.7%

56.7%

48.7%

52.7%

46,8%

42,7%

40,6%



In the 2009 elections 19,3% (13,1%) of the total number of 1.156.209 (1.102.517)

voters from other Member States of the EU, who are potentially allowed to vote in France,

registered to vote.

Candidature

4.9.5.



Any EU citizen aged 18 or over who has his main address in France or is resident in

France on a continuous basis, and is in full possession of his right to stand as a candidate

in his Member State of origin may stand for election.

In the 2009 (2004) European elections 1 (8) citizens from other Member States resident

in France registered as candidates. Each time one of them was elected.

Polling day

4.9.6.



The 2009 European elections took place on Sunday, 7 June 2009 between 8 am and 10

pm (25 May in 2014).

No polls may be distributed, published or commented on polling day or the day before.

As laid down in the Council decision 2002/772 of 25 June and 23 September 2002 the

results of the count shall not be published until after the close of polling stations in the

Member State whose electors are the last to vote.

Nomination of candidates

4.9.7.



Lists of candidates are to be lodged with the Interior Ministry. They must have twice as

many candidates as there are seats to be filled, in each constituency.

In order to implement equality rules, lists must consist of an equal number of candidates

per gender (Law of 6 June 2000).

Distribution of seats

4.9.8.



A new electoral regime, resulting from Act no. 2003-327 of 11 April 2003, entered into

force in June 2004, on the basis of one seat for approximately 820.000 inhabitants. In

order to bring elected representatives and their voters closer, it provided for eight regional

constituencies in place of the single constituency formed by the national territory hitherto.

Allocation of seats in the European Parliament:

Ile-De-France

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

North-West

West

East

South-West

South-East

Massif Central

Centre

Overseas

Territories

Lower Normandy

Upper Normandy

Nord-Pas-de-Calais

Picardy

Brittany

Loire Region

Poitou-Charentes

Alsace

Burgundy

Champagne-Ardenne

Franche-Comté

Lorraine

Aquitaine

Languedoc-Roussillon

Midi-Pyrénées

Corsica

Provence-Alpes-Côte d'Azur

Rhône-Alpes

Auvergne

Centre

Limousin

Americas Section (Saint-

Pierre-et-Miquelon, Guade-

loupe, Martinique, French

Guiana)

Indian Ocean Section

(Réunion, Mayotte)

Pacific Section (New Cale-

donia, French Polynesia,

Wallis-et-Futuma)

NB:

The number of candidates per electoral region must be double the number of seats to be filled in that electoral

region.



The rule of the highest average applies. Lists obtaining less than 5% of total votes cast in

the electoral region do not qualify for seats.

Constituency with the highest ratio between MEP and inhabitants (2009): Sud-est,

856.200 inhabitant/MEP.

Constituency with the lowest ratio between MEP and inhabitants (2009): Outre-mer,

595.500 inhabitant/MEP.

Incompatibilities

4.9.9.

Law No 77-729 of 7 July 1977 as amended by decree No 2009-536 of 14 May 2009, provides

for the following incompatibilities:



member of the Monetary Policy Council of the Banque de France;

magistrate or Judge in a commercial Court;

member of the Economic and Social Council;

member of the

Conseil d'État;

regional councillor, councillor in the Corsican Assembly, general councillor, Paris councillor,

municipal councillor in a local authority with 3500 or more inhabitants



Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.9.10.



Reimbursement of campaign costs



Lists of candidates having obtained at least 3% of total votes are entitled to have

reimbursed the cost of paper, printing of ballots, posters, circulars and bill posting

expenditure.

Electoral expenditure other than that relating to propaganda incurred by lists obtaining at

least 3% of total votes cast is reimbursed on a lump-sum basis by the government. The

sum reimbursed is equivalent to a maximum of 50% of the ceiling on authorised election

expenditure. This ceiling has been set at 1.265.000 € per list.

Campaign and electioneering

4.9.11.



The official campaign should start two Mondays before the polling day, i.e. 12 May 2014.

Media access: political parties have to submit an application in order to participate in the

audio-visual campaign during the elections. A list of parties that have applied to

participate in the audio-visual campaign is published on a particular previously fixed day

(25 April in 2014).

TV and radio: two hours of TV and two hours of radio for parties and groupings

represented by parliamentary groups in the National Assembly or the Senate; one hour of

TV and one hour of radio to be divided between the other parties and groupings joined by

lists of candidates in at least 5 electoral regions, which have applied to use public service

broadcasts by a certain date before polling day.

Validation of results and disputes

4.9.12.

The Council of State (Conseil

d'État)

is competent for disputes concerning the elections of

representatives to the European Parliament. Any voter in the constituency concerned can, in

effect, for ten days following the announcement of the ballot results, object to the election of

representatives to the European Parliament before the Council of State, which rules on the

dispute. The Minister of Home Affairs also has the same right if (s)he feels that the legally

stipulated forms and conditions have not been respected.

4.9.13.

65H

Useful websites

National Assembly

Senate

Ministry of the Interior

Legislative and administrative texts

Practical information site for citizens

http://www.assemblee-nat.fr/

http://www.senat.fr/

http://www.interieur.gouv.fr/

http://www.legifrance.gouv.fr/

http://www.service-public.fr/

66H

67H

68H

69H

4.10. Croatia

♦

Hrvatska

Croatia joined the European Union as a Member on 1 July 2013. The first direct elections to the

European Parliament were held on 14 April 2013.

4.10.1.

Legislation

The elections are regulated by a special legislation enacted by the Sabor , the Act on Election of

Members of the European Parliament from the Republic of Croatia (Official Gazette 92/10,

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

23/13). Its provisions of the legislation are very similar to the parliamentary-election legis-

lation, the main difference being that members of the European Parliament are elected in a

single constituency.

4.10.2.

•

Distribution of seats

Croatia is currently represented by 12 MEPs (of which 6 women) but the number will be

reduced to 11 after the elections of 2014.

The country forms one single constituency.

On average each Croatian MEP corresponds to approximately 387.000 citizens.

Electoral system

4.10.3.

The election is conducted in a proportional system based on the standard d'Hondt formula with

preference votes. Only those party lists which have obtained more than 5% of the total amount

of valid votes will take part in the allocation of mandates.

4.10.4.

•

Franchise

•

All Croatian citizens aged 18 or over and in full possession of their voting rights are

entitled to vote.

Also citizens of other member states of the European Union who have registered domicile

or temporary residence in the Republic of Croatia in compliance with the Aliens Act,

inasmuch as they submit a request to the relevant authority which maintains the voter

rolls not later than 30 days prior to the election date.

Voters who do not have registered domicile in the Republic of Croatia shall vote in

diplomatic missions and consulates of the Republic of Croatia

Voting is not compulsory

Participation rate in Croatia in the first elections to the European Parliament (2013) was

20,84%.

Candidature

4.10.5.

Any EU citizen aged 18 or over who is resident in Croatia and in full possession of his right to

stand as a candidate in his Member State of origin may stand for election.

4.10.6.

Election Day

The last elections took place on Sunday, 14 April 2013, from 7am to 7pm (25 May in 2014).

4.10.7.

•

Nomination of Candidates:

•

The right to nominate party slates for election to the European Parliament may be

exercised by all political parties registered in the Republic of Croatia at the date of

publication of the decision to announce the elections in the official journal of the Republic

of Croatia (Narodne

novine).

A candidate slate must contain as many candidates as there are members being elected

to the European Parliament. Upon compilation of the slate, due consideration shall be

accorded to the principle of gender equality.

Voters may nominate candidate slates on the basis of legally gathered signatures, with a

minimum of 5,000 voter signatures.

Draft slates must be received by the National Elections Commission not later than 14

days after the date of announcement of the elections.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.10.8.

•

Distribution of seats

Voters may vote only for a single candidate slate. Voters may designate a single

candidate who has preference over the remaining candidates (preference vote).

Vacant seats are filled by the next candidate on the relevant list.

Incompatibilities

4.10.9.

In addition to the incompatibilities specified in the 1976 Act concerning the election of the

representatives of the European Parliament by direct universal suffrage, the following shall not

be Members of the European Parliament:

•

Member of the Croatian Parliament or Government

Judge, public prosecutor, deputy public prosecutor, ombudsman or deputy ombudsman,

Director of a state administrative organization,

Ambassador, consul general, county prefect or deputy county prefect,

Mayor and deputy mayor of the City of Zagreb,

Active military personnel, official or employee of the Armed Forces,

Member of the top management of a commercial enterprise, institution or extra-

budgetary fund that is of special state interest

Chief executive of any legal person obliged by law to report to the Croatian Parliament.

4.10.10. Regulations concerning the elections campaign

•

Campaign publicity shall commence on the date of release of the legally valid proposed

slates, and it shall conclude 24 hours prior to the election date.

All campaign publicity, release of estimates of election results and preliminary, unofficial

election results, publication of photographs in the mass media, statements and interviews

by the heads of slates or candidates and citation of their statements or documents shall

be prohibited on the date of the election until the closing of polling stations and for 24-

hours prior to the election date.

During the election campaign, all political parties which have nominated candidate slates

and the candidates on independent slates shall be entitled to state their positions and to

engage in campaign publicity under equal conditions.

•

4.10.11. Validation of election results

The results of the elections to the European Parliament shall be established by the National

Elections Commission.

4.10.12. Useful websites

http://www.izbori.hr

http://www.sabor.hr/

http://www.vlada.hr/en

(National Electoral Commission)

(Parliament)

(Government)

4.11. Ireland

Ireland has been a member of the Communities/Union since 1973, which means that the 2009

elections to the European Parliament were the 7

in the country's history.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.11.1.

Legislation

The Electoral Act 1992, the European Parliament Elections Acts 1997, the Electoral

(Amendment) Act 1998, 2001, 2002, the European Parliament Elections (Amendment) Act

2004, the Electoral (Amendment) Act 2004, 2006, 2009, the Electoral (Amendment) (Political

Funding) Act 2012, the Electoral, Local Government and Planning and Development Act 2013

and the European Parliament Elections (Amendment) Act 2014.

4.11.2.



Distribution of seats

The 11 Irish Members of Parliament are elected in three constituencies as follows:

Dublin

Midlands-North-West

South



On average, each Irish MEP corresponds to approximately 417.400 inhabitants.

Number and percentage of women elected to the European Parliament:

1979

MEPs

Women

13,3

Electoral system

1984

13,3

1989

6,7

1994

26,7

1999

26,7

2004

38,5

2009

4.11.3.



The Single Transferable Vote (STV) method is used.

This system is quasi-proportional. Candidates are listed on the ballot paper in alphabetical

order. Each voter casts his vote for one candidate and in addition indicates in order of

preference the candidate(s) to whom his vote is to be transferred if the candidate of his

first or subsequent choice has already reached the quota or has obtained too few votes

and has thus been eliminated.

Franchise

4.11.4.



All EU citizens aged 18 or over who are resident in Ireland and in full possession of their

voting rights in their Member State of origin are entitled to vote.

Irish citizens resident abroad, whether in the EU or outside it, are not entitled to a postal

vote, with the exception of members of the Defence Forces and Irish missions abroad.

Participation rate:

turnout

1979

1984

1989

63,3%

47,6%

68,3%

As a result of MEP replacements the number of Women MEPs was 5 at the end of the 2009-

2014 Parliament session.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

1994

1999

2004

2009



44,0%

50,2%

58,6%

In the 2009 (2004) elections (61,6%) 39% of the total number of 111.858 (118.118)

voters from other Member States of the EU, who are potentially allowed to vote in Ireland,

registered to vote. However, the figure of non-national voters very likely understates the

number of foreigners present in Ireland who have not applied for offical documents such

as the PPS card.

Candidature

4.11.5.

Any EU citizen aged 21 or over who is resident in Ireland and in full possession of his right to

stand as a candidate in his Member State of origin may stand for election.

4.11.6.

Polling day

The last voting took place on Friday, 5 June 2009, between 7 am and 9 pm (in 2014, 23 May,

from 7am to 10pm).

4.11.7.



Nomination of candidates



A nomination form from a candidate of a registered political party must have a certificate

of political affiliation attached.

Independent candidates may nominate themselves but their nomination must be

supported by the completion of statutory declarations by 60 assenters registered as

European electors in the relevant constituency, which must be witnessed by a

Commissioner for Oaths, a Peace Commissioner, a Notary Public, a member of the Garda

Siochana or an official of the registration authority. If this is met, no deposit is required

Alternatively, a candidate, or someone on his or her behalf, can lodge a deposit of €1,800

with the returning officer.

Distribution of seats

4.11.8.

A candidate is elected once he or she has reached the quota. Any votes accruing to a candidate

in excess of the quota are redistributed on a proportional basis among the remaining

candidates in accordance with the preferences expressed by the voters.

4.11.9.



Incompatibilities



Membership of the European Parliament is not compatible with the office of:



Judge or Comptroller and Auditor General;



European Ombudsman or member of the board of the European Investment Bank.

Persons who are elected to the European Parliament while holding the office of:



Attorney General,



Chairman or Deputy Chairman of the Dáil or Seanad,



Minister of State

shall, on election to the Parliament, cease to hold that other office.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.11.10. Regulations concerning the election campaign



There are legal limits on the electoral expenditure (which includes both the candidate's

own expenditure as well as any expenditure on the candidate’s or his/her party behalf

and/or any other organisation or person). The limit of € 230,000, which was introduced in

2004, is still in force.

No official campaign starting date.

The state broadcaster (RTE) strictly ensures equitable access for all candidates and

parties.

Each candidate may send one message by post to all voters in his or her constituency.

Opinion polls are permitted up to the day before polling day, with a campaign moratorium

24 hours before polling.



4.11.11. Validation of election results

European ballot papers are sent to the European Count Centres from the constituencies.

Counting of European ballot papers will take place on Sunday, 25 May. Subsequent counts to

continue on Sunday night and if necessary Monday morning. Results from each of the three

European constituencies are then sent to Chief Returning Officer in the Franchise Section of the

Department of Environment and Local Government who will then officially inform the European

Parliament of the Irish results.

4.11.12. Useful websites

70H

http://www.irlgov.ie/

(Irish government)

http://www.environ.ie/en/LocalGovernment/Voting/

4.12. Italy

♦

Italia

Italy, as one of the founding Member States, has had seven direct elections to the EP.

4.12.1.

Legislation

Law n. 18 of 24 January 1979 as amended and supplemented by laws n. 61 of 9 April 1984,

n. 9 of 18 January 1989 and decree n. 408 of 24 June 1994 (right to vote and to stand as a

candidate for citizens of the Union), as amended by law n. 79 of 27 March 2004, law n. 90 of 8

April 2004, law n. 10 of 20 February 2009, and law n. 65 of 22 April 2014.

4.12.2.



Distribution of seats

The national territory is divided into five constituencies. Italy has 73 MEPs, distributed as

follows:

North-West

North-East

Centre

South

Islands

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________



As can be seen from the following figures the percentage of women elected to the EP has

increased in recent elections:

1979

MEPs

Women



13,6

1984

9,8

1989

14,8

1994

12,6

1999

9,2

2004

20,5

2009

20,8

On average each Italian MEP corresponds to approximately 817.600 citizens.

Electoral system

4.12.3.



Proportional representation with preferential voting.

Each voter has up to three preferential votes. The absolute number of preferential votes

determines the selection of the candidates. The candidate(s) with the most preferential

votes within the list is elected. According to the amendment introduced in April 2014,

voters have to chose either one man and two women or two men and one woman. If there

is no gender diversity in the voter's preferences, the second and third preferences will be

deemed null and void.

Distribution of seats according to the Hare/Niemeyer system.

Votes are counted and seats allocated at national level. A quotient is established

determining how many votes are required to win a seat. If, in a constituency, a list has

obtained an insufficient number of votes to win a seat, these votes are transferred to the

constituency in which the list of the party in question has obtained a relative majority of

the votes. In this way all parties benefit from a redistribution of votes at national level.

The list of parties and political groups representing linguistic minorities can be annexed to

the candidate list of another party in the same constituency. One current MEP was elected

in such a way.

A nation-wide 4% threshold was introduced in February 2009. There is a sub-

apportionment to the five electoral districts.

Franchise

4.12.4.



Citizens of the European Union aged 18 years or over.

Italian citizens resident in the other EU Member States can vote either at the Italian

consulate in that State or for candidates in their constituency in Italy. In the 1999

elections 194.606 Italians voted in one of EU Member States, accounting for 19,4% of the

overall number of foreign voters.

Italian citizens that reside outside the Union must vote in Italy.

Nationals of another EU Member State who wish to take part in the elections to the

European Parliament must submit their applications to the local authority not later than

90 days before the elections.

Voting is not compulsory but is considered as a ‘civil duty’. Below we can see that the

turnout in Italy for the EP elections has been consistent and fairly high:

turnout

1979

1984

1989

85,5%

83,9%

81,5%

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

1994

1999

2004

2009



74,8%

69,8%

71,2%

65,1%

In the 2009 elections 65.904 voters from other Member States of the EU, who are

potentially allowed to vote in Italy, registered to vote.

Voting at an embassy or consulate is allowed for those Italians that are usually resident

abroad.

Candidature

4.12.5.



Citizens of the Member States aged 25 years or over are eligible to stand for election,

provided they satisfy the conditions of eligibility in their home Member State.

Bills to amend law No 18 of 24 January 1979 aim to lower the age required for candidates

but do not seem to pass through Parliament.

In the 2009 (2004) European elections no (no) citizens from other Member States

resident in Italy registered as candidates.

Polling days

4.12.6.

The election 2009 took place on Saturday, 6 June and Sunday, 7 June, between 8am and

11pm. In 2014 it will take place on 25 May, from 7am to 11pm.

4.12.7.



Nomination of candidates



Political parties and political groups that have at least one seat in the European

Parliament, form a parliamentary group in one of the two national Chambers and/or have

at least one seat in one of the two Chambers may submit lists of candidates without the

need to be endorsed by signatures.

Individual nominations may be submitted provided they are endorsed by 30.000

signatures from each constituency. The signatures must represent at least 10 % in each

region of the separate constituencies.

The lists must be deposited 39 days before the elections, at the very latest.

Distribution of seats

4.12.8.



Seats are allocated to candidates who obtain the largest number of preferential votes (see

above). There is a special provision for preferential votes in areas with linguistic

minorities.

Vacant seats are filled by the next candidate on the list once the national electoral result

has been established for each list and the seats have been allocated on the list on the

basis of the national electoral result of each list. As mentioned, there is a nation-wide

threshold of 4%.

Incompatibilities

4.12.9.



Those laid down by the Act of 20 September 1976, as amended in 2002, and those

contained in Council Directive 93/109/EC of 6 December 1993.

Membership of the European Parliament is incompatible with the offices of member of a

regional council, president of a regional administration or regional council, and mayor of a

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

municipality with more than 15.000 inhabitants.

4.12.10. Regulations concerning the election campaign



The election campaign may begin only 30 days before the elections.

Expenses are refunded within set limits. They have been strongly reduced by law No 96 of

July 2012.

Opinion polls must not be published during the fifteen days before the poll.

4.12.11. Validation of election results

The electoral offices in charge of the district, headed by a judge, validate the election results.

Any voter may lodge an objection with the Latium regional administrative tribunal and

subsequently appeal to the Council of State.

4.12.12. Useful websites

71H

http://www.parlamento.it/

(Parliament)

4.13. Cyprus

♦

Κύπρος / Kypros

The Republic of Cyprus has been a European Member State since 1 May 2004. The second

elections to the European Parliament took place on 7 June 2009. Cyprus is represented by 6

MEPs.

4.13.1.

Legislation

Law of 2004 on the Election of the Members of the European Parliament.

4.13.2.



Distribution of seats

In the parliamentary period 2009-2014 the Republic of Cyprus had 6 seats, the minimum

number provided for in the treaty.

The whole territory of the Republic of Cyprus forms a single constituency for the European

Parliament elections.

Number and percentage of women elected to the European Parliament:

2004

MEPs

Women

2009

33,3

4.13.3.

Electoral system

Seats are allocated by proportional representation using a combination of the Hare method and

the highest remainder. The electoral threshold is 1.8% of votes cast.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.13.4.



Franchise



All citizens of Cyprus and all citizens of another Member State residing in Cyprus who are

at least 18 years old and who had their habitual residence in the Republic for a period of

at least six months immediately prior to the date of acquisition of voting rights, have the

right to vote.

Voters and EU voters shall be entered on the respective electoral rolls by virtue of a

special application form.

Voting is compulsory but without penalties in case of failure to vote.

Voting by post is not possible.

In the 2009 (2004) elections 8,3% (4,4%) of the total number of 77.697 (45.725) voters

from other Member States of the EU, who are potentially allowed to vote in Cyprus,

registered to vote. 1213 of them voted.

Participation rate:

turnout

72,5%

59,4%

2004

2009

4.13.5.

Candidature

Cypriot citizens and nationals of other Member States aged 25 who have not been deprived of

their voting rights have the right to stand for election.

4.13.6.

Polling day

The last elections took place on Sunday, 7 June 2009 (25 May in 2014). The counting begins

immediately after the polls close.

4.13.7.



Nomination of candidates

The deadline to nominate a candidate is one month before the elections.

The competent authority, upon application, shall grant certification that the candidate

has not lost the right to stand as a candidate or that the authorities are nor aware of any

such loss of this right.

Incompatibilities

4.13.8.

Article 16 of the Law of 2004 on the Election of the Members of the European Parliament refers

to Article 70 of the Constitution of the Republic of Cyprus which determines incompatibility with

the following positions:

Minister,

Member of a Communal Chamber or member of any Municipal council including a Mayor,

Member of the armed or security forces of the Republic or with a

Public or Municipal office or, in the case of a Representative elected by the Turkish

Community

Religious functionary (din

Adami).

Regulations concerning the election campaign

4.13.9.



The electoral campaign starts officially after the deadline for registration of candidates.

Political parties receive an annual grant by the Government, according to the strength in

the previous parliamentary elections. There is no provision for how to use the grant to

fund European elections campaigns.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.13.10. Useful websites

72H

www.parliament.cy/

(House of Representatives)

4.14. Latvia

♦

Latvija

Latvia joined the European Union on 1 May 2004. The first elections to the European

Parliament were held on 12 June 2004, the second on 6 June 2009. Latvia was represented by

9 MEPs (8 from 2014).

4.14.1.

Legislation

The Law on Elections to the European Parliament was submitted to the Saeima on 12

November 2003, and adopted on 29 January 2004. It was last amended on 31 October 2013.

4.14.2.



Distribution of seats

The country forms one single constituency.

On average each Latvian MEP corresponds to approximately 252.900 citizens.

2004

MEPs

Women

22,2

2009

37,5

4.14.3.



Electoral system

Proportional representation.

The allocation of seats is made applying the Sainte-Laguë method (division by successive

odd numbers).

Franchise

4.14.4.



Citizens of the European Union, who on election day have reached the age of 18, and

whose data have been included in the voters’ register of Latvia are entitled to vote in the

European Parliament elections.

Voting is not compulsory.

The following persons shall not be entitled to vote:



persons who are recognized as mentally incapacitated according to the procedure set

by law;



persons serving a court sentence in penitentiaries;



persons who are not eligible to vote in the European Union member state they come

from.

Voting by post is permitted only for Latvians living abroad.

In the 2009 (2004) elections 2,9% (14,4%) of the total number of 8577 (3736) voters

from other Member States of the EU, who are potentially allowed to vote in Latvia,

registered to vote.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

turnout

41,3%

53,7%

2004

2009

4.14.5.



Candidature



Citizens of the European Union who have reached the age of 21 on the Election Day may

stand for election to the European Parliament unless any of the following restrictions

apply.

Persons who are not eligible for the European Parliament:



those recognised as mentally incapacitated according to the procedure set by the law;



those serving a court sentence in penitentiaries;



those sentenced for a grave or especially grave crime and whose criminal record has

not been expunged or annulled unless the persons have been pardoned;



those who have committed a criminal offence, according to the Criminal Law, in a

state of mental incapacity.

Citizens of the European Union are not eligible to run for the European Parliament if they

have no right to stand for elections in the European Union member state of origin.

Polling day

4.14.6.



The election took place on Saturday, 6 June 2009, between 7am and 10pm (24 May in

2014).

The counting begins after the closing of polling stations. The results are published after

the closure of the last polling station in the EU.

No other elections can be held on the same day.

Nomination of candidates

4.14.7.



A list of candidates may be submitted by a political organisation (party) or by an

association of political organisations (parties) registered in the Republic of Latvia;

Lists of candidates shall be accepted from the 80

day before the Election Day, until the

day before.

There is no official election campaign starting date.

Candidates must not exceed the number of members to be elected to the Parliament by

more than twice.

The following documents shall be attached to the list of candidates:

Statement signed by each candidate nominated on the list, certifying his consent to be

a candidate in the elections and that he is not a candidate in the elections of any other

EU member state;

- Pre-election programme signed by all candidates on the list, the text of which shall not

exceed 4,000 characters;

- Declaration signed by each candidate on the list stating that he complies with

requirements to stand for elections;

- A document signed by each candidate on the list, containing their personal data.



The Central Election Commission shall register only those lists of candidates whose sub-

mitters have made a security deposit of about 1,300 € in the bank account of the Central

Election Commission. This deposit is refunded if at least one MEP is elected.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.14.8.



Distribution of seats



The number of votes cast for each candidate shall be equal to the number of votes cast

for the list in which his name has been included, minus the number of ballot papers on

which the surname of this candidate has been crossed out and plus the number of ballot

papers on which voters have made a “+” mark opposite the candidate’s surname.

If two or more candidates on the same list have received an equal number of votes, they

shall be ranked in the same order as on the originally submitted list.

The candidates who have received the largest number of votes shall be regarded as

elected, whereas the others shall remain as candidates, and their names shall be ranked

in the order of the largest number of votes received.

Incompatibilities

4.14.9.

The President of the State, a member of the Cabinet of Ministers, and a member of a city,

district, county or

pagasts

council may be nominated as a candidate for the elections, but he

will lose the office and/or the respective mandate of member upon being elected.

4.14.10. Rules on the electoral campaign



There is no official election campaign date fixed but for financial restriction purposes a

deadline concerning later expense audits is fixed 270 days prior to the election, for which

certain campaign expenditures must be documented. This period may be reduced. The

maximum amount to be spent per voter is currently being reconsidered by the

Saeima.

Media access is regulated by the Law on Pre-election Campaigning before Saeima

Elections as well as by special mass media laws. Commercial organizations have to act

according to the general radio and television rules. Facts and events have to be presented

objectively. Printed media, radio and TV have an obligation to indicate who has financed

pre-election campaign ads and to provide accounting.

There are no special rules or restrictions for opinion polls



4.14.11. Validation of election results



The Central Election Commission compiles an estimation of results immediately after the

election. Provisional results are announced after closure of the last polling station in the

EU.

Any decision or act of an election committee can be contested at the court.



4.14.12. Useful websites

http://www.saeima.lv/

(Parliament)

4.15. Lithuania

♦

Lietuva

In Lithuania elections to the European Parliament were held for the second time on 7 June

2009, following Lithuania's accession to the European Union on 1 May 2004. Lithuania was

represented by 12 MEPs (11 from 2014).

Smallest administrative unit in Latvia.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.15.1.

Legislation

The Law on Elections to the European Parliament adopted by the

Seimas

on 20 November

2003. Amendments to the Law of the Republic of Lithuania on Elections to the European

Parliament of 29 January 2008, 18 May 2010 and 12 November 2013.

4.15.2.



Distribution of seats

The territory of Lithuania forms a single multi-member constituency.

On average each Lithuanian MEP corresponds to approximately 270.100 citizens.

2004

MEPs

Women

38,5

2009

4.15.3.

Electoral system

Proportional representation with preferential voting. However, a party or election committee

may request to be exempt from preferential voting. Seat apportionment is done by using the

Hare system. In 2009, full seat restriction caused a threshold higher than 5% of votes cast.

4.15.4.



Franchise



Citizens of the Republic of Lithuania as well as citizens of the European Union aged 18

years old or over.

Persons who have been declared by a court legally incapable shall not participate in

elections.

Voting is not compulsory.

Lithuanian citizens and citizens of other EU Member States permanently residing in

Lithuania shall be included into the Electoral Roll. Voters are included automatically into

the Electoral Roll on the basis of the Population Register. The reference date (65 days

prior to the elections) is the date by which a person must declare his place of residence in

Lithuania. His data about the place of residence in Lithuania must be included into the

Population Register by that date.

Voting by post is possible for voters in healthcare (except out-patient), social care

institutions, for persons in active military service or convicts. Advance voting in specially

organised places is possible for other voters.

The participation rate in Lithuania in the last European Parliament elections was 21%.

In the 2009 (2004) elections 10,8% (17,5%) of the total number of 3278 (1826) voters

from other Member States of the EU, who are potentially allowed to vote in Lithuania,

registered to vote.

2004

2009

turnout

48,4%

21%

4.15.5.



Candidature

A candidate must be at least 21 years old.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________



A person is prohibited from standing for election as a member of the EP if:



by the 'reference date' he/she has not served the sentence imposed by a court;

he/she is in the active military service or is an officer of a statutory institution or

establishment;

the application of forced medical treatment measures established by a court has not

expired yet;

a court has declared him/her legally incapable.

Political parties or non-partisan election committees can put forward lists of candidates.

Polling day

4.15.6.



The election took place on Sunday, 7 June 2009 between 7am and 8pm (25 May in 2014).

Counting the votes begins immediately after the closing of polling stations.

Other elections can take place on the same day. In 2014 the second round of the

presidentials elections will coincide with the European elections, if there is a second

round.

Nomination of candidates

4.15.7.



Each political party registered by the Ministry of Justice 65 days prior to the elections is

entitled to register its list of candidates.

Candidates may be nominated by parties registered in compliance with the Republic of

Lithuania Law on Political Parties and by the public election committees.

The presentation of documents of a party or election committee starts 85 days before and

ends 65 days prior to elections. The final lists, endorsed by the necessary number of

voters' signatures, are verified and published no less than 30 days prior to elections.

Distribution of seats

4.15.8.

Lists gaining less than 5% of total votes are not entitled to parliamentary representation.

4.15.9.



Incompatibilities

An MEP may not be a member of the

Seimas,

the Government or a municipal council.

The office of the member of the European Parliament shall be incompatible with the office

of President of the Republic, Seimas member, Government member, or municipal

councillor. Moreover, a mandate of the member of the European Parliament shall be

incompatible with the office held in the institutions of the European Union specified in

legal acts of the European Union.

4.15.10. Regulations concerning the election campaign



The deposit required to register each list of candidates is 10 times the average monthly

wage (as determined by the Department of Statistics.). This deposit is returned to a

political party if its list has passed at least 3 percent of the votes of all voters participating

in the election. and the party has submitted a report on financial expenditure for the

elections.

Funding for publishing each candidate’s election programme, as well as for campaign

broadcasts on National Radio and TV is provided by the State. The duration of state-

funded programmes is determined by the Central Electoral Committee with regards to the

principle of equality of the lists of candidates.



The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________



A political party shall cover all other costs of the election campaign from the account

opened for this specific purpose. The maximum amount of expenditure to fund the

political campaign of one participant shall be calculated on the basis of the number of

voters entered on the electoral roll of the Republic of Lithuania and multiplied by the

amount specified in the Law on Funding of Political Campaigns and Control of Funding.

Publication of opinion polls is prohibited 30 hours before the start of the polling.

Opinion polls

per se

are not prohibited but the publication of the results is forbidden as it

is construed to be a part of the electoral campaign. It is permissible to ask the elector

after he/she has voted on their voting preferences. However, the results of such a poll can

be published only after the closure of polling stations.



4.15.11. Useful websites

74H

http://www.lrs.lt

http://www.vrk.lt

(Parliament)

(Central Electoral Commission)

75H

4.16. Luxembourg

Luxembourg was a founding member of the Communities in 1952/57. It has seen seven direct

elections to the EP. Luxembourg is represented by 6 MEPs.

4.16.1.

Legislation

The Luxembourg electoral law of 25 February 1979 on the direct election of Luxembourg

Members of the European Parliament has been supplemented and amended by four additional

laws of 14 March 1984, of 28 January 1994, of 18 February 2003, of 19 December 2008, and of

20 December 2013, supplemented by the law of 10 February 2004 concerning the election of

Members of the European Parliament in the new Member States.

4.16.2.



Distribution of seats

Luxembourg forms a single national constituency from which all six Members are elected.

On average each Luxembourg MEP corresponds to approximately 89.500 citizens.

Number and percentage of women elected to the EP over the period 1979-2009:

1979

MEPs

Women

33,3

Electoral system

1984

16,6

1989

50,0

1994

33,3

1999

33,3

2004

33,3

2009

16,7

4.16.3.



Proportional representation.

Every elector has up to six votes. The vote can be expressed either by voting for one list,

counting as one preferential vote for each candidate on the list, or by preferential vote(s)

directly allocated to the candidates within the list or across lists (up to two votes per

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

candidate).

Votes are counted using the Hagenbach-Bischoff system, which is mathematically

identical to D'Hondt.

Franchise



4.16.4.



Luxembourg citizens aged 18 years old on the day of elections or over.

Nationals of other EU Member States must apply to be entered on the electoral rolls

established by the Luxembourg municipalities if they have arrived in Luxembourg before

28 February 2014 (for the 2014 elections).

Due to the fact that voting is compulsory for all persons entered on the electoral roll, the

average turnout is very high.

turnout

1979

1984

1989

1994

1999

2004

2009

88,9%

87,0%

87,4%

88,5%

85,8%

91,4%

90,8%



In the 2009 (2004) elections 16,1% (10,3%) of the total number of 107.691 (133.831)

voters from other Member States of the EU, who are potentially allowed to vote in

Luxembourg, registered to vote.

Postal voting is allowed for Luxembourg voters aged over 75 years, or voters who prove

that for professional or private reasons they cannot present themselves in the voting

office they belong to. Voting by proxy or at an embassy is not possible.

Candidature

4.16.5.



Luxembourg citizens aged 18 years on the day of the election.

Nationals of other EU Member States may stand as a candidate if they are inscribed on a

list of candidates.

In the 2009 European elections 6 (8) citizens from other Member States resident in

Luxembourg registered as candidates. None of them was elected.

Polling day

4.16.6.

Elections always take place on a Sunday; the last one took place on Sunday, 7 June 2009 (25

May in 2014).

4.16.7.



Nomination of candidates

Lists may be submitted with the endorsement of 250 registered voters, or of one Member

of either the European Parliament or the Luxembourg Chamber of Deputies.

No list may include more than 6 candidates or be composed of a majority of candidates

who are not of Luxembourg nationality.

The list of candidates for the election has to be submitted 60 days before the election.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.16.8.



Distribution of seats

In the order of the number of votes which the individual candidates or lists have received.

The next candidate on the list fills a vacant seat.

There is no threshold clause.

Incompatibilities

4.16.9.

An elected Member of the European Parliament who subsequently assumes office in the

Luxembourg Government and must therefore resign his seat becomes, as of right, the next

candidate on the list from which he was elected.

4.16.10. Regulations concerning the election campaign



There are no special rules for the European elections.

There is no official date for the beginning of the election campaign; the parties that are

taking part in the elections agree a date among themselves.

For one month before the election it is forbidden to publish the results of opinion polls.

Campaign expenses, resulting from one written communication to each voter, are

reimbursed to parties that gain at least 5% of the total number of votes.

4.16.11. Validation of election results

The Luxembourg Chamber of Deputies validates the election results.

4.16.12. Useful websites

76H

http://www.chd.lu/

(Parliament)

4.17. Hungary

♦

Magyarorszàg

Hungary joined the EU on 1 May 2004. The first elections to the EP were held on Sunday, 13

June 2004, the second on Sunday, 7 June 2009. Hungary was represented by 22 MEPs (21

from 2014).

4.17.1.

Legislation

The regulations concerning the right to vote are laid down in the Constitution. The regulations

of the substantive law concerning the elections to the European Parliament are established in

the Act No. CXIII. of 2003 (amended by Act XXXVI of 2013), on the Election of the members of

the European Parliament, which at the same time also amends the Act No. C. of 1997, on the

Electoral procedure. The Act authorizes the Minister of Interior to lay down the detailed

arrangements for the conduct of the election in a regulation. Act LVII of 2004 regulates the

legal status of Hungarian Members of the European Parliament.

4.17.2.



Distribution of seats

Hungary had 22 seats up to 2014 (now 21), distributed according to the D’Hondt method.

The country is considered as one constituency. Voters vote for party lists with no pre-

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

ferential votes.

On average each Hungarian MEP corresponds to approximately 471.800 citizens.

2004

MEPs

Women

4.17.3.

Electoral system

37,5

2009

36,4



The election is conducted in a proportional system based on party lists. Only those party lists,

which have obtained more than 5% of the total amount of valid votes will take part in the

allocation of mandates, using the D'Hondt system.

4.17.4.



Franchise



Every Hungarian citizen having reached the age of majority and a residence in Hungary is

entitled to vote, unless he/she has been previously deprived of this right.

The list of voters is established for each community based on the information of the

central register of personal data and addresses. Those citizens, who – according to the

data provided by the other Member States of the European Union – have decided to

practice their right to vote in another Member State, are deleted from the list of voters in

Hungary.

Citizens of other European Union Member States, who have a residence in Hungary, have

also the right to vote if they meet the requirements for Hungarian voters and request

inclusion in the list of voters.

Voting is not compulsory.

Voting by post is not possible. Citizens who are not present at their place of residence on

polling day may vote with a certificate within the territory of Hungary. Citizens who are

abroad on polling day may vote at the embassies, given that they asked for their inclusion

to the register of voters at the diplomatic missions 30 days before polling day at the

latest.

Participation rate in Hungary was 36,3% (38,5%) in the last European election 2009 (in

2004).

In the 2009 (2004) elections 5.3% (11%) of the total number of 105.648 (17.719) voters

from other Member States of the EU, who are potentially allowed to vote in Hungary,

registered to vote.

Candidature

4.17.5.

All voters have the right to stand for election as candidates on party lists. Candidates shall

declare that they have the right to vote and do not have a function, which is incompatible with

the membership of the European Parliament, or in case they obtain a mandate they resign from

that function. In order to register a candidate who is citizen in another European Union Member

State, a certificate of the competent authorities of the Member State of which the candidate is

a national, shall be attached stating that he is eligible for election.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.17.6.



Polling day

The President of the Republic sets the polling day 72 days before the election at the

latest. Elections usually take place on Sunday.

The 2009 elections took place on 7 June 2009 (25 May in 2014).

There is no legal prohibition for holding other elections on the day of the European

Parliament elections.

Counting of votes begins after the closure of the polling stations at 7pm. At diplomatic

missions abroad polling stations close at the latest at the same time as in Hungary.

Preliminary data on non-official results are published by the election offices. Final official

results can only be established based on the original records and published by the

National Election Committee in the

Magyar Közlöny

(Official Journal of Hungary). Results

may only be published after the end of the election in every Member State of the

European Union.

Nomination of candidates

4.17.7.



The party lists containing the candidates shall be submitted to the National Election

Committee 30 days before the Election Day at the latest. The National Election Committee

decides on them within three days after the submission.

No deposit is required.

Lists can be put forward by parties registered according to the Act on the operation and

financial functioning of political parties. In order to put forward a list, a party needs to

collect at least 20.000 voter endorsements.

Incompatibilities

4.17.8.

A candidate may not be the member of elected bodies and may only stand for election in one

Member State of the European Union.

4.17.9.



Regulations concerning the election campaign



From the day prior to voting until the end of the voting period it is prohibited to

campaign.

The Act on electoral procedure and the Act on radio and television broadcasting regulate

media access for political parties during election campaigns. During the campaign period

broadcasters may publish political advertisements based on equal conditions for each

party.

During the last week before the elections no opinion polls are published.

4.17.10. Useful websites

http://www.mkogy.hu/parl_en.htm

(Parliament)

4.18. Malta

Malta has been a member of the EU since 1 May 2004. With a population of 410.300 it is the

smallest EU Member State. Malta is represented in the European Parliament by 6 MEPs.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.18.1.

Legislation

General Elections Act (1991), Electoral polling Ordinance (1939), Constitution of Malta,

European Parliament Elections Act adopted on 26 November 2003.

4.18.2.



Distribution of seats

Malta constitutes one single electoral district.

On average each Maltese MEP corresponds to approximately 70.200 citizens.

Under the 2004 and 2009 electoral mandate women held none of the seats. Malta has the

lowest participation of women amongst EU Member States.

2004

MEPs

Women

2009

4.18.3.

Electoral system

Proportional representation by means of the single transferable vote.

4.18.4.



Franchise

Maltese citizens aged 18 years old or over.

Every person whose name appears in the Electoral Register or in the European Union

Electoral Register.

No person shall be registered in the EU Electoral Register if:

- incapacitated for any mental infirmity by a court in a Member State;

- serving imprisonment exceeding twelve months;

- disqualified for registration as a voter by or under any law in Malta.



Voting is not compulsory.

Voting by post is not possible. Voting should take place in the Country.

The government offers special facilities for voters residing in other EU countries to vote in

Malta. For example, flights to Malta are subsidised.

In the 2009 (2004) elections 10,7% (12,8%) of the total number of 19.504 (8273) voters

from other Member States of the EU, who are potentially allowed to vote in Malta,

registered to vote.

turnout

2004

2009

82,4%

78,8%

4.18.5.

Candidature

To stand for election a candidate must be at least 18 years old and registered as a voter in the

Electoral Register or in the EU Electoral Register.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.18.6.

Polling day

The election took place on Saturday, 6 June 2009 (24 May in 2014). On the same date there

were also the Elections for Local Councils.

4.18.7.



Nomination of candidates

At least 35 days before Election Day (when the names of the candidates must be

published in the Gazette).

Deposit: 90 € per candidate (to be returned if obtaining 10% of the votes).

Distribution of seats

4.18.8.

According to the system of the single transferable vote (STV).

4.18.9.



Incompatibilities

Membership of the House of Representatives, membership of the Local Council in Malta,

or in any other EU Member State.

Public Officers may be restricted from standing for election by the Public Service

Management Code.

The following are not allowed to stand for elections:

members of "disciplined forces" (armed forces, police, or prison service);

judiciary;

persons who are declared bankrupt;

incapacitated for mental infirmity or prodigality;

persons serving a sentence of imprisonment exceeding 12 months;

persons disqualified for standing by any law in force.

4.18.10. Regulations concerning the election campaign

There is a maximum funding 1400 € per candidate.

4.18.11. Useful websites

www.parliament.gov.mt

(Parliament)

(legislative texts)

http://www.justiceservices.gov.mt/lom.aspx?pageid=24

4.19. The Netherlands

♦

Nederland

The Netherlands, as one of the founding Member States, has already seen seven direct

elections to the EP.

4.19.1.

Legislation

Since 28 January 1993 European Parliament elections have been governed by the Electoral Law

(Kieswet), last update of Chapter V was on 1 March 2004.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.19.2.



Distribution of seats



The Netherlands forms a single national constituency. The 19 electoral regions in which

the country is divided have only administrative meaning as the votes are added up on

national level.

The Netherlands are represented by 26 MEPs.

On average each Dutch MEP corresponds to approximately 645.300 inhabitants.

As can be seen from the following figures the percentage of women elected to the EP has

increased since the elections of 1979:

1979

MEPs

Women

24,0

1984

28,0

1989

28,0

1994

32,3

1999

35,4

2004

40,7

2009

4.19.3.



Electoral system

Pure proportional representation. Votes are counted and seats allocated at national level

using the D'Hondt system.

No threshold.

Electoral alliances are permitted. Seat subapportionment follows a variant of the Hare

system.

Franchise

4.19.4.



All EU citizens aged 18 or over who are in full possession of their voting rights in their

Member State of origin may vote.

Voting is not compulsory.

Dutch citizens resident abroad may vote by proxy or by post.

Participation rate:

turnout

1979

1984

1989

1994

1999

2004

2009

57,8%

50,6%

47,2%

35,6%

30,0%

39,3%

36,8%



In the 2009 (2004) elections the total number of citizens from other Member States of the

EU having the right to vote in the Netherlands was 241.495 (202.000).

Candidature

4.19.5.



Any EU citizen aged 18 or over who is in full possession of his/her right to stand as a

candidate in the Member State of origin may stand for election.

In the 2009 (2004) European elections 2 (2) citizens from other Member States resident in

the Netherlands registered as candidates. One (0) of them was elected.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.19.6.



Polling day

The 2009 elections took place on Thursday, 4 June 2009 from 7.30am to 9pm (22 May in

2014).

Results were announced on Sunday 7 June 2009 but there were leaks already before that

date.

Nomination of candidates

4.19.7.



The deadline for the registration of candidates is on 8 April 2014.

A deposit of € 11 250 is required for parties not represented in the outgoing European

Parliament. The deposit is refunded by the State only if the party obtains at least three-

quarters of the "electoral divisor" (the minimum number of votes required to win one

seat).

Lists submitted must be accompanied by the signatures of at least 30 voters. Lists

represented in the outgoing European Parliament with more than 15 seats may contain

twice the number of their seats; others may contain no more than 30.

Distribution of seats

4.19.8.



Each voter has one vote, which he/she can give either to a list or a candidate. In this

way, the order of names on the list can be changed.

Vacant seats are filled by the next candidate on the relevant list.

Incompatibilities

4.19.9.

Those laid down in the 1976 Act on Elections to the European Parliament as amended in 2002,

together with those relating to the national parliament (see law of 13 December 1978, as

amended by law of 24 June 1992).

4.19.10. Regulations concerning the election campaign



There are no special rules for the European Parliament elections.

As with national election campaigns, there is no official date on which to start the

campaign.

It is the government that distributes broadcasting time.

There are no restrictions on opinion polls.

4.19.11. Validation of election results

Validation is done by the central polling office.

4.19.12. Useful websites

https://www.kiesraad.nl

(Dutch Electoral Council)

(Parliament)

http://www.houseofrepresentatives.nl

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.20. Austria

♦

Österreich

Austria has been a member of the European Union since 1 January 1995. Therefore, there have

been four direct elections to the EP, which took place in October 1996, June 1999, June 2004

and June 2009.

4.20.1.

Legislation

Constitutional law of the Austrian Federation (1929), as amended by Federal Law 1013 (1994),

as well as the Law on Elections to the European Parliament (Law 117/96), as adopted on 21

January 1996 and amended by Federal Laws 201/96, 162/98, 90/03 and 132/03. Law on

Elections to the European Parliament, BGBI Nr 117/1996 i.d.F. BGBI L Nr 115/2013. Law

amending the Federal Constitutional Law of 29 June 2007.

4.20.2.



Distribution of seats

For the purposes of elections to the European Parliament the federal territory forms a

single constituency.

Austria had 19 seats in the European Parliament (18 from 2014).

On average, each Austrian MEP corresponds to approximately 469.500 citizens.

Vacant seats are filled by the Electoral Authority; an MEP has the right to stay on the

party list even if (s)he temporarily leaves the Parliament for other offices.

Number and percentage of women elected to the European Parliament:

1996

MEPs

Women

1999

2004

29,4

2009

41,2

4.20.3.



Electoral system



The electoral system being used for the European elections is based on proportional

representation. Seats are allocated by using the D'Hondt system (largest average). The

seat allocation is carried out at national level.

Any list, which has not obtained at least 4% of the total votes, is excluded from the

allocation of seats.

Voters have one vote which they may cast either for a list as a whole or for a candidate of

their choice on the list (preferential voting).

Franchise

4.20.4.



All EU citizens having reached the age of 16 on the day of the European elections and

being in full possession of their voting rights in their Member State of origin may vote.

Voting is not compulsory.

Austrians resident abroad may vote using polling cards.

Participation rate in Austria in past European elections:

Art. 80 of the Law on Elections to the European Parliament.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

turnout

1996

1999

2004

2009



67,7%

49,4%

42,4%

46%

In the 2009 (2004) elections 11% (16%) of the total number of approx. 280.000

(150.000) voters from other Member States of the EU, who are potentially allowed to vote

in Austria, registered to vote.

Candidature

4.20.5.



Any EU citizen having reached the age of 18 on the day of the European elections and

being in full possession of his right to stand for election in his Member State of origin may

present himself/herself as a candidate to the European Parliament elections.

In the 2009 (2004) European elections 1 (1) citizen from other Member States resident in

Austria registered as candidate. None of them was elected.

Polling day

4.20.6.



Voting takes place on a Sunday; the last one was on Sunday, 7 June 2009 (25 May in

2014).

The count begins immediately after the closing of each polling station.

First provisional results were released during the night of 7 to 8 June. The final official

results are made official three weeks later.

Nomination of candidates

4.20.7.



Deadline for registration no later than 37 days before the elections.

No deposit is required. Every list must pay € 3.600 to the State for the cost of printing

ballot papers.

Any voter having reached the age of 18 at the latest on the day of the European elections

may stand for elections if supported by:

- three Members of the national Parliament;

- an Austrian Member of the European Parliament; or

- 2600 registered voters.

4.20.8.

Incompatibilities

Those laid down in the 1976 Act on Elections to the European Parliament, as amended in 2002.

In addition, the office of an MEP is incompatible with that of member of the Constitutional

Court or the Administrative Court, President or Vice-President of the Court of Auditors,

Ombudsman, director of a limited company, bank, commercial, industrial or private transport

company, provincial credit establishment, medical insurance scheme or insurance company.

4.20.9.

Regulations concerning the election campaign

There is no official date for the beginning of the election campaign. Access to the media is

unlimited.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.20.10. Validation of election results

Following publication of the results in the 'Amtsblatt

zur Wiener Zeitung',

complaints may be

lodged with the Constitutional Court.

4.20.11. Useful websites

http://www.parlament.gv.at/ENGL/

http://www.bmi.gv.at/cms/bmi/_news/bmi.aspx

(Parliament)

(Ministry of the Interior)

4.21. Poland

♦

Polska

Poland has been a Member of the European Union since 1 May 2004. It is represented by 51

deputies in the European Parliament.

4.21.1.

Legislation

Act of 12 April 2001 on the Elections to the Sejm and the Senate of the Republic of Poland and

Electoral Law to the European Parliament of 23 January 2004, amended on 5 January 2011

(Official Journal of 31 January 2011).

4.21.2.



Distribution of seats

The national territory is divided into 13 regional districts:

District

(Voivodship)

Pomorskie

Kujawsko-pomorskie

Podlaskie and Warmińsko- Mazurskie

City of Warsaw and part of the Mazo-

wieckie (powiats: grodziski, legionowski,

nowodworski, otwocki, piaseczyński,

pruszkowski, warszawski zachodni i

wołomiński);

The remaining part of Mazowieckie

Łódzkie

Wielkopolskie

Lubelskie

Podkarpackie

Małopolskie and Świętokrzyskie

Śląskie

Dolnośląskie and Opolskie

Lubuskie and Zachodniopomorskie

number of seats in

2009



On average, each Polish MEP corresponds to approximately 755.500 citizens.

The number of seats per constituency may vary according to turnout.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

2004

MEPs

Women

4.21.3.

Electoral system

14,8

2009

Proportional representation using the D'Hondt (total apportionment) and the Hare

(subapportionment for districts) systems.

4.21.4.



Franchise



Polish citizens aged 18 years old or over.

EU citizens aged 18 years old or over in case of permanent stay in Poland and if

registered in the Voter Register.

Voting is not compulsory.

Voting by post is allowed only for voters with disabilities and for Polish nationals residing

abroad. Voting by proxy is allowed only for citizens aged 75 or more and for voters with

disabilities.

Participation rate:

turnout

2004

2009

20,9%

24,5%



In the 2009 elections 2,6% of the total number of 14.003 voters from other Member

States of the EU, who are potentially allowed to vote in Poland, registered to vote.

Candidature

4.21.5.



Polish citizens aged 21 years or over are eligible to stand for election when there exists no

public accusation for a crime committed deliberately.

EU citizenship (permanent stay in Poland or in any other EU Member State for at least 5

years).

In 2009, two candidates from other Member States presented themselves, without

success.

Polling day

4.21.6.



Elections will take place on Sunday 25 May 2014.

As soon as the polling stations close, the election commissions in each of the election

sectors (obwody) start comparing the number of inhabitants eligible to vote and the

number of voters; count the remaining election cards and secure them.

The National Elections Board in the Official Board announces the final results.

Nomination of candidates

4.21.7.



Lists of candidates have to be submitted to the National Election Commission for each of

the constituencies before midnight of the 40

day before the elections.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________



No deposit is required.

Each electoral committee (administrative and functional body of political party, coalition

of political parties, or civic groups, established for the elections) is allowed to register one

list in each of the 13 constituencies (lista

okręgowa).

Each list (in each constituency) has to contain from 5 to 10 names.

Each list has to be supported by at least 10.000 signatures of electors living in that

constituency. If the electoral committee registers its lists in more than half of the

constituencies, it is permitted to register further lists in remaining constituencies without

obligation of collecting 10.000 signatures.

An elector can give his/her signature to more than one list.

Each candidate's name can be placed on one list only and registered in only one

constituency.

Distribution of seats



4.21.8.



Votes are first counted in the whole country using the D'Hondt method, thus determining

lists with more than 5% support.

Mandates are attributed to single districts, followed by the distribution to winning lists

using the Hare-Niemeyer method (which takes into consideration the turnout).

Incompatibilities

4.21.9.



The European Parliament mandate cannot be combined with:



membership in the Council of Ministers (Government);

the position of Secretary of State;

mandate of deputy of the Sejm or senator.

Incompatibilities governing the elections to National Parliament provided in the

Constitution (any post or function which may not be simultaneously performed with the

mandate of a deputy to the Sejm or a senator).

4.21.10. Regulations concerning the election campaign



The official campaign starts with the publication of the Presidential Decision on the election

day (produced not later than 90 days before elections day) and ends 24 hours before the

election day.

Financing of the campaign must be transparent:



funds of the electoral committees of political parties can only be provided by the

party's election fund;



electoral committees can receive funds only from individuals, cannot receive money

from abroad, and are not allowed to collect money in public actions;



funds of the electoral committee can only be collected on a bank account;



electoral committees can only spend 30 groszy (approximately 0,0625 €) per voter

entered in the Voters’ Register;



electoral committees of parties and citizens are authorised to receive a donation from

the state's budget for each of the mandates gained in the elections: the donation is

calculated as follows:

D = (W/L) * x M

, whereby

W = PLN (Zloty) per voter who took part in the elections (Poland-wide)

L = Number of seats to the EP

M = mandates gained by the given election committee



The election committees have the right to present their views and programmes on Polish

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

Public Television and Radio: Poland-wide channels will be accessible for the election

committees registered in at least 9 constituencies and regional channels for the election

committees registered in at least one constituency.

Total time of elections’ programs:



15 hours in the TVP (Polish public Television) between 5pm and 11pm;

20 hours in the Polish Public Radio;

10 hours in each regional program;

20 hours in each regional radio; divided equally in the Polish TV and Radio between

election committees and proportionally in regional TV and radios.



Between the end of the election campaign and the closing of polling stations, opinion polls

are restricted.

4.21.11. Useful websites

83H

http://www.sejm.gov.pl/english.html

http://www.senat.gov.pl/indexe.htm

(Parliament)

(Senate)

84H

4.22. Portugal

Portugal joined the European Communities in 1986. Therefore, it had six direct elections to the

European Parliament. The first election took place on 19 July 1987. Portugal is currently

represented by 22 MEPs (21 from 2014).

4.22.1.

Legislation

European Parliamentary Elections Act, Law No 14/87, 29 April 1987 (as amended by Law No

4/94, 9 March, Organic Law No 1/99, 22 June, and Organic Law No 1/2011, 30 November).

Electoral law of the Assembly of the Portuguese Republic, Law No 14/79, of 16 May.

4.22.2.



Distribution of seats

For the purpose of elections to the European Parliament the Portuguese territory forms a

single electoral constituency.

In 2009 Portugal elected 22 MEPs. From 2014 it will have 21 seats.

On average each Portuguese MEP corresponds to approximately 499.000 citizens.

Proportionally Portugal had the lowest representation of women amongst the Member

States 1999-2004 but compared with the new Member States, in particular Malta ,

Portugal no longer has the lowest representation of women, particularly after the 2009

elections.

1987

MEPs

Women

4,1

1989

12,5

1994

8,0

1999

20,0

2004

25,0

2009

36,4

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.22.3.



Electoral system



The electoral system used for the European Parliament elections is based on proportional

representation using the list system in accordance with the law on general electoral

procedure.

Seats are allocated using the D'Hondt method.

Franchise

4.22.4.



Entry on electoral rolls: up to 60 days before the date of the elections.

Any EU citizen aged 18 or over and fully entitled to vote in his or her country of origin.

Portuguese nationals, entered on the Portuguese electoral roll, residing in another EU

Member State may vote by post at the Portuguese consulates.

Voting is not compulsory in Portugal.

Turnout statistics of the past elections:

turnout

1987

1989

1994

1999

2004

2009

72.2%

51.1%

35.5%

39,93%

38,6%

36,8%



In the 2009 elections 12,9% of the total number of 84.727 voters from other Member

States of the EU, who are potentially allowed to vote in Portugal, registered to vote.

Candidature

4.22.5.



Any EU citizen aged 18 or over and fully entitled to stand for election in his or her country

of origin.

In the 2009 (2004) European elections 31 (1) citizens from other Member States resident

in Portugal registered as candidates. None of them was elected.

Polling day

4.22.6.



Voting takes place on Sunday, 25 May 2014, between 8am and 7pm, with the exception of

the Açores Islands where the polling stations will be open until 8pm. Counting of votes

begins at 7pm.

Nomination of candidates

4.22.7.



Lists of candidates are submitted to the Constitutional Court and must contain a number of

candidates equal to the number of members to be elected and between three and eight

substitutes.

The time limit for registration is 41 days before the date of elections.

When registering as candidates, the notifications of candidacy deposited by candidates

who are not Portuguese nationals must be accompanied by a formal declaration stating the

candidate’s nationality and address in Portugal and certifying that he or she is not

simultaneously standing for election in another Member State (nationality, address,

name).

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________



Candidates must certify that they have not been disqualified from standing for office in

their Member State of origin.

The Parity Law (Organic Law s No 3/2006, 21 August) establishes that a minimum of

33,3% of women should be represented on every list of candidates, otherwise subventions

granted by the state will be reduced and non-conformity with the law will be publicised.

Distribution of seats

4.22.8.



Seats are allocated in the order in which candidates appear on the lists.

In the event of death, invalidity or resignation of a Member, the seat will be filled by the

next candidate on the same list.

Incompatibilities

4.22.9.



Those specified in the European Parliamentary Elections Act, Law No 14/87, 29 April. The

office of Member of the European Parliament is incompatible with holding office as:

member of the Portuguese Government;

minister of the Republic (Autonomous Regions of Madeira and the Azores);

member of the Supreme Council of Magistrates;

public prosecutor of the Republic;

ombudsman and deputy ombudsman;

member of the government bodies of the Autonomous Regions;

civil Governor and Vice-Governor;

Mayor and full-time Deputy Mayor;

President of the Economic and Social Council;

member of the High Authority for Social Communications, the National Commission

for the Protection of Computerised Personal Data, and the Committee on Access to

the Administrative Documents;

senior government administrator and member of the board of a public Institution;

member of the board of a company whose capital is wholly or mainly State-owned.

The office of MEP is also incompatible with:

- posts involving diplomatic duties in connection with representing Portugal abroad;

- posts covered by Article 2 of Decree Law No 196/93, of 27 May (which lays down rules

on incompatibility of staff appointed by holders of political office);

- any posts listed under point 1 of Article 6 of the Community Act of 20 September 1976

concerning the election of the representatives of the European Parliament, which are

not included among the foregoing;

- holding office as a civil servant or agent of the State or other public bodies, apart from

lecturers working in higher education in an honorary capacity and persons carrying out

research activities.

4.22.10. Regulations concerning the election campaign



Funding is covered by the rules laid down in a new law on the funding of political parties

and electoral campaigns that entered into force on 1 January 2005.

Electoral campaigns are funded by the following:

- state subsidies;

- contributions from political parties;

- donations from natural persons, subject to the relevant rules.

The right to State subsidy is granted to all parties that have previously stood for election

to the European Parliament and obtained seats. The total amount of the subsidy is the

equivalent of 10.000 times the national minimum monthly wage. According to Law



Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

1/2013, the amount of the subsidy is reduced by 20% until 31 December 2016. The funds

are allocated as follows:



20% to parties, which stand for election but do not obtain seats;

the remaining 80% is distributed in proportion to the results obtained.



Campaign expenses: the limit is laid down by the law on the funding of political parties

and electoral campaigns at 300 times the minimum national monthly wage per candidate.

This limit is also reduced by 20% until the end of 2016 (see above).

Official duration of the campaign: 12 days (the campaign begins 14 days before the date

of the elections and must end at 12 pm of the day before the election) unless the election

takes place on the same day as elections to the Assembly of the Republic. In that event,

the duration of the campaign will be the same as the campaign for elections to the

Assembly of the Republic.

Access to the media: candidates have a right to broadcasting time. The rules are laid down

by the law on elections to the Assembly of the Republic.

No polls may be published or discussed on the day before the election or on the Election

day itself.

4.22.11. Validation of election results



The election results are checked at each district and at each autonomous region level by

an intermediate verification Committee.

Both national and European elections are verified at national level. The general verification

of results and the proclamation of successful candidates is undertaken by an assembly for

general verification established in Lisbon.

The Constitutional Court has sole jurisdiction in the event of the election results being

contested. The election procedure as a whole is coordinated by the National Elections

Committee (an autonomous and independent body) and by the Technical Secretariat for

Electoral Affairs.



4.22.12. Useful websites

85H

http://www.parlamento.pt/

(Parliament)

(Ministry of Internal Administration)

http://www.mai.gov.pt/

4.23. Romania

♦

România

Since January 2007 Romania has been a Member State of the European Union. The first

European elections took place on 25 November 2007. A referendum on a new voting system

was held on the same day.

4.23.1.

Legislation

Law 33 of 16 January 2007 and amending Government Ordinances (OUG 1/2007; OUG 8/2007;

OUG 15/2007; OUG 84/2007; HG 991/2007, OUG 11/2009 and OUG 55/2009).

4.23.2.



Distribution of seats

33 MEPs represented Romania in the European Parliament (32 from 2014).

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________



On average, each Romanian MEP represents 626.700 citizens.

Number and percentage of women in the European Parliament:.

2007

MEPs

Women

4.23.3.

Electoral system

31,4

2009

36,4

Proportional representation with a threshold of 5 %. Allocation of seats is carried out using the

D'Hondt method.

4.23.4.



Franchise

All Romanian citizens aged 18 or over and all EU citizens resident in Romania, in full

possession of their voting rights, can vote.

EU citizens resident in Romania shall register on a special list within the respective

administrative unit. The registration shall be validated by the Permanent Electoral

Authority.

turnout

2007

29,5%

2009

27,7%

In the 2009 elections 0,3% of the total number of 28.273 voters from other Member

States of the EU, who are potentially allowed to vote in Romania, registered to vote.

Candidature



4.23.5.



All Romanian citizens aged 23 or over and all EU citizens resident in Romania, in full

possession of their voting rights, can stand for election.

Ombudsmen, magistrates, active army officers, policemen and other public servants cannot

stand for election.

Nomination of candidates

4.23.6.



Candidates have to register at the Electoral Central Bureau at least 60 days before the

Election Day.

Judges of the Constitutional Court, ombudsmen, magistrates, active army officers,

policemen and other public servants, including those with a special statute, cannot be

candidate.

Incompatibilities

4.23.7.



Laid down in the Act of 1976 on Elections to the European Parliament, as amended in

2002;

the following incompatibilities apply to candidates for the EP: holder of one of the positions

mentioned under Art. 81 and 82 of Book I, Title IV, Chapter III, Section 2 of Law 161/2003

concerning transparency in the public office and the fight against corruption or equivalent

positions in the EU member states;

furthermore, the position of MEP is incompatible with being member of the government.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.23.8.



Regulations concerning the electoral campaign



The provisions of Law 334/2006 concerning the funding of political parties and electoral

campaigns apply.

The official start of the campaign is one month before the elections. 48 hours before

Election Day no campaigning is allowed.

Media access of political parties and non-affiliated candidates shall be established after

final decisions concerning the candidatures. The Standing Bureau of the two Parliament

chambers will assign media access proportionally to the ratio between the candidates of

each party and the total number of candidates.

Opinion polls are forbidden 48 hours before Election Day.

Useful websites

(Parliament)

(Government)

4.23.9.

87H

http://www.cdep.ro/

http://www.gov.ro/

88H

4.24. Slovenia

♦

Slovenija

Slovenia joined the EU on 1 May 2004. The European Parliament elections in 2009 were the

second for the country. From 2014, Slovenia has 8 seats in the European Parliament.

4.24.1.



Legislation

Election of the deputies from Republic of Slovenia to the European Parliament Act (ZVPEP,

Official Gazette of RS, No. 40/2004, amended by ZVPEP-B 109/2009).

Law on elections to the National Assembly (Off. Gazette of RS, No. 44/92, 60/95, 70/2000,

109/2006)

Voting right register act (ZEVP, Off. Gazette of RS, No. 52/02)

Law on election campaigns (ZVolk, Off. Gazette of RS, No. 627/94, 17/97).

Distribution of seats

4.24.2.



The territory of Slovenia forms a single constituency.

Seats are allocated on the national level to the candidate lists by the D'Hondt system and

to the candidates by using the highest number of preferential votes that exceed the

quotient calculated by dividing the number of all votes cast for such list by two times the

number of candidates on the list, and the remaining seats allocated to such list according

to the order of candidates on the list.

On average each Slovenian MEP corresponds to 257.300 citizens.

Number and percentage of women elected to the European Parliament (during the 7th

term the share rose to 50%):

2004

MEPs

Women

42,8

2009

28,6

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.24.3.



Electoral system

Proportional representation.

A voter may vote only for one candidate list but on the ballot paper it is possible to

indicate one preferred candidate over the others (preferential voting).

Franchise

4.24.4.



Each citizen of the Republic of Slovenia and each EU citizen with permanent residence in

Slovenia, who has attained the age of 18 years by Election day and is not suffering from

mental disorder, has the right to vote.

The participation rate in Slovenia was:

2004

2009

turnout

28,4%

28,3%



In the 2009 (2004) elections 5,8% (7,2 %) of the total number of 1426 (707) voters from

other Member States of the EU, who are potentially allowed to vote in Slovenia, registered

to vote.

Candidature

4.24.5.

Each Slovenian and EU citizen with permanent residence in Slovenia, who has attained the age

of 18 years by the day of the election and is not suffering from mental disorder, has the right

to stand as a candidate.

4.24.6.



Polling day

The last election took place on Sunday, 7 June 2009, between 8am and 10pm (25 May in

2014).

It is possible for citizens living abroad to vote by post or in diplomatic representations of

Republic of Slovenia, if this was previously notified to the State Electoral Commission.

Nomination of candidates

4.24.7.



Candidates may be nominated by political parties (according to their rules) or by voters. A

political party can submit a list of candidates if it is supported by signatures of at least 4

members of the National Assembly or at least 1000 voters. If nominated by voters, the

list of candidates must be supported by signatures of at least 300 voters.

For non-Slovenian citizens, a declaration of the candidate must be attached to the list. In

the declaration the candidates state their citizenship, the permanent residence address in

Slovenia and assures that they are not a candidate to the EP in another Member State of

the EU.

Incompatibilities

4.24.8.

A deputy of the EP may not carry out any executive functions in local communities. EP

members may not carry out functions and activities that should not be performed by members

of the National Assembly.

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.24.9.



Regulations concerning the election campaign



European elections are regulated by the Electoral campaign Act, applied

mutatis

mutandis:

except article 2, par. 4 and 5 (pursuant to which foreign legal and fiscal

persons are permitted to organize an electoral campaign).

The list of candidates must be submitted to the Republic Electoral Commission at least 30

days before polling day.

The electoral campaign can be carried out until 24 hours before Election Day.

According to the regulations on financing political parties the organiser of the campaign

shall open a transaction account “for the election campaign” at least 45 days prior to the

elections. The organiser shall deposit all funds intended or donated by legal entities or

private individuals to finance the election campaign to this account. All costs of the

campaign shall be covered exclusively from this account. The account shall be closed at

least within 3 months after the Election Day. The organiser of the campaign shall submit a

full report on all expenses pertaining to the campaign to the National Assembly at least

within 3 months after Election Day.

If the organiser is not a political party, the report shall include information on all assets

collected for the election campaign and other information, which a political party must,

according to the law, give in its annual financial report. A campaigner who is not a

political party shall donate any surplus in the collected funds to charitable causes. The

organiser of the campaign may spend a maximum of 0,25 € per voter. The organiser of

the campaigns whose candidates were elected shall hold the right to reimbursement of

election costs at 0,25 € per vote received. These costs shall not exceed the amount of

funds used. The right to the reimbursement of part of the expenses shall also be held by

the organiser whose list gained at least 2% of the total number of votes cast in the state.

Revised amounts shall be determined by the National Assembly each time elections are

called.

Public media shall determine and make public their rules about their use of programme

time or newspaper space for presenting candidates, political parties and electoral

programmes at least 45 day prior to the Election Day. These rules shall ensure equal

rights to candidates and political parties. Public media shall not publish political

propaganda information without giving the name of the client. Access to media is

regulated, as well as hanging posters and holding meetings in public places.

No public opinion polls on candidates, lists of candidates or parties shall be published

during the seven days prior to elections. If a survey is published during the campaign, the

analysts involved, their polling methods and the name of the person whom commissioned

the poll shall be given. The Law on election campaign also regulates penalties in case of

violation of the law (i.e. gluing posters, publishing information during the prohibited time,

publishing propaganda messages without stating the name of the client, not submitting

the financial report, etc.).

4.24.10. Validation of election results

The State Electoral Commission validates national and European elections. The National

Assembly confirms the election of MEPs. Complaints can be lodged with the Constitutional

Court.

4.24.11. Useful websites

89H

http://www.dz-rs.si

(National Assembly)

(State Election Commission)

http://www.dvk-rs.si

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.25. Slovakia

♦

Slovensko

Slovakia has been a Member State of the European Union since 1 May 2004. The country held

its second elections to the European Parliament on Sunday, 7 June 2009. Slovakia is

represented in the European Parliament by 13 Members.

4.25.1.



Legislation



Act No. 331/2003 Coll. from 10 July 2003 on the Elections to the European Parliament,

amended by Laws Nr. 515/2003 , 324/2004, 464/2005, 788/2008 and 204/2011 (Nr. of

registration in the National Council of the Slovak Republic).

Amendment of the Constitution of the Slovak Republic (Act No. 460/1993 Coll. as

amended) concerning this issue is expected in the near future.

Distribution of seats

4.25.2.



For the purpose of elections to the European Parliament the territory of the state is a

single constituency.

On average, each Slovakian MEP represents approximately 416.200 citizens.

2004

MEPs

Women

35,7

2009

38,5

4.25.3.



Electoral system



The electoral system being used for the European elections is based on proportional

representation. Seats are allocated by using the Droop method. The electoral system is

comparable to the system traditionally used in the Slovak Republic for national legislative

elections.

The threshold required to win a seat is 5% for a political party as well as for a coalition of

political parties.

Preferential vote. A candidate with at least 10% of all valid preferential votes cast for

her/his political party or coalition is preferred.

Franchise

4.25.4.



Citizens of the Slovak Republic or of the EU who have attained the age of 18 years by the

day of the elections and reside in the Slovak Republic.

Those citizens, who do not have permanent residence in the territory of the Slovak

Republic or in any other EU member state, are entitled to vote under the condition that

they are on the territory of the Slovak Republic on Election Day.

Legal obstacles to the entitlement to vote are:

- confinement of personal liberty due to a reason of protection of a person’s health;

- execution of punishment;

- relief from liability for acts.



EU citizens not enjoying the right to vote in their EU Member State do not have the right

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

to vote.

In the 2009 elections 8,6% of the total number of 6871 voters from other Member States

of the EU, who are potentially allowed to vote in Slovakia, registered to vote.

Participation rate:

turnout

17%

19,6%



2004

2009

4.25.5.



Candidature



Citizens of the Slovak Republic having attained the age of 21 years by election day and

permanently resident in the Slovak Republic can stand for election, as long as there are

no obstacles as stated in the Act on the Elections to the EP concerning the right to vote.

Citizens of the EU residing in the Slovak Republic who attained the age of 21 years by the

day of elections and who enjoy the right to vote in their Member State can stand for

election, as long as there are no obstacles such as provided for in the Act on the Elections

to the EP concerning the right to vote.

Polling day

4.25.6.



After the elections are called, the election day is determined by the Chairman of the

National Council of the Slovak Republic, based on the decision of the Council of the

European Union. This shall be done at the latest 90 days before the elections. The call of

elections shall be published in the official Collection of Laws of the Slovak Republic.

The elections usually take place on Saturday from 7am until 10pm. If required by local

conditions, the mayor of the community shall determine the start of the elections at an

earlier hour.

The last elections took place on Saturday, 6 June 2009 (24 May in 2014).

Nomination of candidates

4.25.7.



Each political party registered according to the Act on Political Parties (No. 424/1991 Coll.

as amended), can nominate its candidates. More than one political party can agree on a

common list of candidates and thereby create a coalition for the purpose of elections.

A deposit of 1.200 € has to be deposited by the political party before it submits the list of

candidates to the Central Election Committee. The Ministry of Finance of the Slovak

Republic shall return the sum back to the party within one month after the promulgation

of the results of the elections where the political party has gained at least 2% of all valid

votes.

Distribution of seats

4.25.8.



The seats shall be allocated to candidates according to the order on the list.

Candidates who win 10% of the preference votes out of all of those obtained by their

party, shall obtain the seat as the first candidates of these political parties (irrespective of

their position on the list).

If there is an equal number of preference votes, the order according to the list shall be

applied.

Vacant seats are filled by the candidate determined by the political party or coalition,

unless the preference votes have been obtained by another candidate.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.25.9.

Incompatibilities

According to a constitutional act modifying and supplementing the Constitution of the Slovak

Republic (No. 460/1992 Coll.) the office of Member of the European Parliament is incompatible

with the office of Member of the National Council of the Slovak Republic. The amendment also

extends the powers of the Constitutional Court to include rulings on the constitutionality and

legitimacy of elections to the European Parliament.

4.25.10. Regulations concerning the election campaign



National radio and television stations, as well as licensed broadcasters shall assign to each

political party and coalition a time of 30 minutes of transmission of a political ad-

vertisement with maximum of 5 hours of transmission.

Each party or coalition shall have equal terms for the purchase of broadcasting time,

including financial and payment terms.

Political parties and coalitions are responsible for the content of broadcasts. Broadcasting

of political advertisements shall only start 21 days before election day.

The placement of electoral billboards and other public information shall only start 21 days

before election day. These posters shall only be placed on locations determined by the

municipality in its local ordinance.

It is prohibited to publicise any opinion polls on election day.

Useful websites

(Government)

(National Council)



4.25.11.

90H

320B

http://www.government.gov.sk/

http://www.nrsr.sk/

91H

4.26. Finland

♦

Suomi

Finland joined the EU in 1995 and the first election to the European Parliament was held on

20 October 1996.

4.26.1.



Legislation

The Election Act was passed on 2 October 1998 (Law No. 714/1998), replacing all previous

electoral laws. The law was amended on 5 April 2002 and in 2004 (Law No. 218/2004).

Minor amendments were made in 2003 to the list of candidacy incompatibilities to make

the law correspond to the Act on Elections to the European Parliament, amended in 2002.

Distribution of seats

4.26.2.



Finland has 13 seats in the European Parliament. The whole country forms one single

constituency.

Candidates stand at national level and are counted on a national basis.

On average, each Finnish MEP represents approximately 417.400 citizens.

1996

MEPs

Women

43,7

1999

43,7

2004

42,8

2009

61,5

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.26.3.



Electoral system

Finland uses a list-based system with preferential vote and proportional allocation of seats

by the D'Hondt system.

Electoral alliances are permitted. Subapportionment is by plurality voting.

Franchise

4.26.4.



All Finnish citizens who are aged 18 or older on the day of the election are eligible to vote

in the elections to the European Parliament, regardless of domicile.

Citizens of another EU Member State aged 18 or over are eligible to vote if they are

domiciled in Finland (on the 51

day before Election Day and if they apply for the right to

vote not later than on the 80

day before Election Day).

Citizens of another EU Member State who previously registered to vote in the 2009 EP

elections in Finland and are still domiciled in Finland have automatically the right to vote

in the 2014 EP elections, provided that they have not asked to be removed from the

Finnish register.

EU citizens who have lost their right to vote in their Member State of origin may not vote

in the Finnish EP elections.

Voters may also vote in advance in post offices, hospitals and certain other institutions as

well as in Finnish diplomatic missions or their offices. Votes cast in advance are counted

on the Election Day.

Voting is not compulsory.

Participation rate in past European elections:

1996

1999

2004

2009

turnout

60,3%

31,4%

39,4%

40,3%



In the 2009 (2004) elections 13,6% (18,3%) of the total number of 45.536 (30.091)

voters from other Member States of the EU, who are potentially allowed to vote in

Finland, registered to vote. 2342 of them voted.

Candidature

4.26.5.

Any Finnish citizen or citizen of another EU Member State aged 18 or over who has the right to

vote may also stand for election, except persons subject to a care order.

4.26.6.



Polling day

Elections to the European Parliament are held on Sundays. The 2009 election took place

on Sunday, 7 June (25 May in 2014).

The count begins at 8 pm on polling day for votes cast in that day and in the afternoon of

polling day for advance votes.

Nomination of candidates

4.26.7.



Nominations for European Parliament elections may be submitted by political parties or a

voters’ association (valitsijayhdistyksen/valmansförening). A minimum number of 2.000

persons, who are eligible to vote in the elections, is required to form a voters’ association.

The list of candidates of a party or a voters' association may not contain more than 20

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

persons. The list shall be submitted to the central election committee (vaalipiir-

ilautakunta/ valkretsnämnd)

in Helsinki at least 40 days prior to the day of the election.

4.26.8.



Distribution of seats



Candidates on the lists are ranked according to the number of votes each person listed

has received. Subsequently, the candidates are ranked according to a comparison figure:

the first candidate from each party receives a comparison figure equivalent to the total

number of votes for the party or voter’s association in question, the second person on the

list receives half of that number, the third receives one third of the total number, the

fourth one fourth of the total number, etc. In the event of two or more candidates

receiving the same number of comparison figures, their internal order is determined by

means of a lottery.

Following this procedure, all candidates are ranked in the order of their respective

comparison figures. The seats are then allocated to the candidates with the highest

comparison figures, until all seats are filled.

Incompatibilities

4.26.9.

Those laid down in the Act on Elections to the European Parliament and based on the Election

Act (714/1998) include the following persons:

Members of the Finnish Government;

civil servants who, under the Finnish Constitution may not stand as candidates for the

Finnish Parliament (military personnel, Chancellor of Justice, Vice-Chancellor of Justice,

Members of the Supreme Court and Supreme Administrative Court, Ombudsman and

Vice-Ombudsman of the Finnish Parliament).

4.26.10. Regulations concerning the election campaign



The 1998 Electoral Law does not lay down rules or limits concerning the funding of

political parties or the election campaign.

A person who has been elected as a Member of the European Parliament and a person

who has been designated as a substitute Member has the duty of disclosure of campaign

finance. A statement of election expenses must be submitted to the Ministry of Justice

within two months of polling day (Act on Disclosure of the Funding of a Candidate's

Campaign Finance of 12 May 2000, No. 414/2000).

Under the Act on Political Parties, the Finnish Broadcasting Company (a national public

service company) is required to give equal treatment to political parties in its election

broadcasts.



4.26.11. Validation of election results



The Electoral District Committee of Helsinki declares the final election results.

The

Uudenmaan/Nyland

regional administrative tribunal has sole jurisdiction if the results

of the election are contested.

4.26.12. Useful websites

92H

http://www.eduskunta.fi/

(Parliament)

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.27. Sweden

♦

Sverige

For Sweden, which joined the Union in 1995, the 1999 elections were the first regular elections

to the European Parliament since a by-election was held in 1995.

4.27.1.

Legislation

The electoral law SFS 2005:837.

4.27.2.



Distribution of seats



From 2014, Sweden has 20 seats in the European Parliament. Due to the relatively low

number of seats, the constituency system used in national elections cannot be employed

in elections to the European Parliament since it would not satisfy fairness and

predictability requirements. As a result, the whole country forms one single constituency.

On average each Swedish MEP represents approximately 477.700 citizens.

Proportionally, Sweden has the highest representation of women amongst the Member

States:

1995

MEPs

Women

45,5

1999

40,9

2004

57,9

2009

55,5

4.27.3.

Electoral system

Sweden employs a list-based system with preferential vote and proportional allocation of seats

by the modified Sainte Lagüe method.

4.27.4.



Franchise



Voting is not mandatory in Sweden.

All EU citizens aged 18 or over who are registered resident in Sweden are entitled to vote.

Non-Swedish EU citizens must announce their intention of voting to the County

administrative board.

Voting at advanced voting locations and voting by mail from abroad is possible.

In past European elections the participation rate was as follows:

turnout

1995

1999

2004

2009

41,6%

38,8%

37,9%

45,5%



In the 2009 (2004) elections 21,8% (25,1%) of the total number of 221.237 (177.881)

voters from other Member States of the EU, who are potentially allowed to vote in

Sweden, registered to vote. 24.100 of them voted in 2004.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.27.5.



Candidature

Anyone entitled to vote may stand for election. Some minor exceptions are listed in SFS

2005: 837.

In the 2009 (2004) European elections 1 (1) citizens from other Member States resident

in Sweden registered as candidates. One (none) of them was elected.

Election Day

4.27.6.



Voting took place on Sunday, 7 June 2009 from 8am to 9pm (25 May in 2014).

Counting starts immediately after the closure of polling stations. Final results are

announced about ten days later.

Nomination of candidates

4.27.7.



The deadline for registration was 28 February 2014.

No deposit is required.

No conditions for a party to stand for elections. In order to register a party 1.500

signatures are required. Nominations (i.e. lists of candidates) must be submitted to the

Central Election Authority or, depending on specific circumstances, to the county adminis-

trative board.

Distribution of seats

4.27.8.



To qualify for the allocation of seats, parties must obtain at least 4% of the total number

of votes cast.

Votes for individual candidates can have the effect of overriding the order in which the

candidates are placed on their party list. For this to occur, a candidate must obtain at

least 5% of the total number of votes cast for his party. The candidate receiving the

highest number of votes will then be placed first on the list, etc.

Incompatibilities

4.27.9.

The electoral law of Sweden 1997:157 (Art.8) incorporates the incompatibilities listed in the

1976 European Electoral Act and states that citizens of other EU Member States are ineligible if

they have lost their eligibility in their country of origin. Further incompatibilities are laid down

in the Elections Act 2005:837.

4.27.10. Regulations concerning the election campaign

National electoral law does not lay down any specific rules or limits concerning the funding of

political parties. No special rules for elections to the European Parliament apply.

4.27.11. Validation of election results

The validation board has sole jurisdiction where the results of the election are contested. It has

the power to order the annulment of a ballot and the organisation of new elections.

4.27.12. Useful websites

93H

http://www.riksdagen.se/

(Parliament)

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

4.28. The United Kingdom

The UK has been a member of the Communities since 1973 and therefore had seven direct

elections to the EP.

4.28.1.



Legislation



The European Parliamentary Elections Act 2002 (EPEA). This consolidated previous

legislation: The European Parliamentary Elections Act of May 1978 (as amended and

supplemented by the European Elections Act of 1981); The European Parliamentary

Elections Act of 1993; The European Parliamentary Elections Act of 1999; The European

Parliamentary Elections Amendment Regulations 2009.

The European Parliamentary Elections Act 1999 provided for a change in the electoral

system, introducing a proportional system based on regions and closed lists. The 2004

elections were held under this system, as were the 2009 elections.

The European Parliament (Representation) Act 2003.

European Parliamentary and Local Elections (Pilots) Act 2004.

Distribution of seats

4.28.2.



The United Kingdom has 73 seats. These are divided among 12 regional constituencies,

each of which will elect between 3 and 10 MEPs as follows

Eastern

East Midlands

London

North East England

North West England

South East England

South West England

West Midlands

Yorkshire and Humberside

Scotland

Wales

Northern Ireland



Representation of women:

1979

MEPs

Women

13,6

1984

14,8

1989

14,8

1994

18,4

1999

24,1

2004

25,6

2009

33,3



On average, each UK MEP corresponds to approximately 873.000 citizens.

Gibraltar's first elections to the European Parliament were held on 10 June 2004 as part of Europe-wide elections.

Although part of the European Union, Gibraltar had never before voted in European Parliamentary elections in part due

to its small electorate of just over 20,000 which would cause Gibraltar to be over-represented by about 30 times if even

a single seat were to be assigned to it. This disenfranchisement was successfully challenged before the European Court

of Human Rights (case Matthews) and from 2004 Gibraltar was considered to be part of the South West England region

for electoral purposes. None of the main Gibraltarian political parties contested the election, so voters chose from United

Kingdom party lists.

The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.28.3.



Electoral system



Representatives from England, Scotland and Wales are elected under a form of propor-

tional representation (PR) on the basis of regional constituencies. Seats are apportioned by

the D'Hondt system.

Candidates are placed on closed lists, i.e. voters will choose between party lists and not

individual candidates.

Northern Ireland is a single regional constituency with 3 members. These representatives

are elected by the same system as that used in Ireland, i.e. the single transferable vote

(STV). This involves choosing between candidates (see section IV, 10).

The described changes only refer to the system for European elections. In national

elections, the plurality or "first past the post" (FPTP) system continues to be used. In the

devolved assemblies, a combination of FPTP and PR is used.

Franchise

4.28.4.



Citizens of the European Union resident in the United Kingdom aged 18 years or over are

entitled to vote. Applications for entry on the electoral roll can be made on an annual

basis, with optional late insertion.

In order to exercise their right to vote in Northern Ireland, citizens of the European Union

must have resided in the territory of Northern Ireland for three months prior to their entry

on the electoral roll.

Contrary to the practice in national elections, members of the House of Lords also have the

right to vote.

Overseas electors, including members of the armed forces, are entitled to be registered as

electors only if they make an overseas elector's declaration under the Representation of

the People Act 1985. Such a declaration has to be made each year within the twelve

months following the date when the entry in the register first takes effect.

In 2009, 1.043.629 citizens having the nationality of another EU Member State registered

for the European elections.

Members of the armed forces, and their spouse, must make a declaration of eligibility in

order to vote in the form of a 'service declaration'.

Voting by post or proxy is possible for those citizens that have not been absent from the

UK for more than 15 years. There are no provisions for voting at embassies or consulates

abroad.

On average, British turnout for the first five elections to the EP was 32%, which compares

to 72% for national elections over the same period. Rates of participation in EP elections

remained stable or grew slightly until the 1999 election, when the turnout fell sharply

before it increased again in 2004.

Voting is not mandatory.

turnout

1979

1984

1989

1994

1999

2004

2009

31.6%

32.6%

36.2%

36.4%

24.0%

38,5%

34,7%

4.28.5.



Candidature

Candidates may submit their names up to three weeks before the elections. They must

be citizens of the European Union and aged 18 years old or over. Members of the House

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

of Lords and clergymen may also stand for election.

In the 2009 European elections 2 citizens from other Member States resident in the UK

registered as candidates. None of them was elected.

Polling day



4.28.6.



Voting took place on Thursday, 4 June in 2009 and will take place on 22 May in 2014.

Nomination of candidates

4.28.7.



Candidates are nominated by the political parties. In the case of the Liberal Democrat

Party and the Conservative and Unionist Party, party members will decide how candidates

are ranked on the list. In the case of the Labour Party, candidates will be ranked by a

selection board drawn from national and regional executive committees.

A deposit of £ 5.000 must be paid.

Distribution of seats

4.28.8.



In England, Scotland and Wales the seats will be won by the candidates with the greatest

number of votes in each regional constituency.

In the 3-member region of Northern Ireland, candidates with sufficient first-choice votes

are elected and thereafter the second and subsequent choice votes of the voters are used

to fill the remaining seats.

Vacancies are no longer filled by means of by-elections. Henceforth, the next candidate on

the relevant party list will take the position. There are no threshold clauses.

Incompatibilities

4.28.9.



Above and beyond the European Electoral Act of 20 September 1976, as amended in

2002, incompatibilities are set out in the European Parliamentary Act of 1978. Basically,

these are holders of certain important public offices, those convicted of electoral offences,

non-British citizens, other than Irish, Commonwealth or EU citizens.

Membership of the European Parliament is incompatible with membership of the House of

Commons and the House of Lords. However, a derogation exists which disqualifies life

peers elected to the European Parliament from sitting or voting in the British Parliament

for the duration of their European mandate. This permits them to take up a role as an

MEP without formally renouncing membership of the House of Lords.

4.28.10. Regulations concerning the election campaign



Election expenditure by political parties is controlled by the Political Parties, Elections and

Referendum Act (PPERA) 2000. No public grants are made available to political parties to

fund election campaigns. Members who are elected under the list system are elected when

voters vote for a political party rather than a specific candidate. Consequently, expenditure

incurred in promoting a party's list candidates is treated as party campaign expenditure,

and is regulated by the PPERA. Candidates on a party list do not have individual

expenditure limits.

Media access is granted according to the size of the party's support.

Opinion polls may be published up to polling day. No exit polls may be published before

21.00 BST on the last Europe-wide day of voting.



The European elections: EU legislation, national provisions and civic participation

____________________________________________________________________________________________

4.28.11. Validation of election results

The Returning Officer in each constituency is responsible for the counting of the votes and the

declaration of the results. Election results can be contested in the High Court. The Electoral

Commission, set up as a result of PPERA, is responsible for overseeing the elections.

4.28.12. Useful websites

http://www.parliament.uk/

(Parliament)

(Government)

(Electoral Commission)

https://www.gov.uk/

http://www.electoralcommission.gov.uk/

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

ANNEX I: SYNOPTIC TABLE

MEPs

Citizens per MEP

Voting age

(years)

Eligibility

(years)

Electoral system*

PR with preferential vote

4 % threshold

PR with preferential vote

Threshold: valid votes

divided by no of seats

5 % threshold

1.8 % threshold

PR with preferential vote

5 % threshold

PR with preferential vote

Constituency

structure

Single constituency

4 (3 electoral

colleges)

Single constituency

Deadline for candidate

lists

11 April 2014

29 March 2014

Austria

Belgium

Bulgaria

Croatia

Cyprus

Czech Republic

Denmark

Estonia

Finland

France

Germany

Greece

469.550

531.504

428.505

387.463

144.316

500.766

430.969

220.800

417.438

886.935

838.788

526.785

35 days before election day

Single constituency

(administrative

districts)

16 Länder

Single constituency

18 March 2014

30 days before election day

66 days before election day

28 days before election day

45 days before election day

PR with preferential vote

5 % threshold

3 % threshold

15 April 2014

28 days before election day

83 days before election day

17 days before election day

The European elections: EU legislation, national provisions and civic participation

_________________________________________________________________

Hungary

Ireland

Italy

Latvia

Lithuania

Luxembourg

Malta

Netherlands

Poland

Portugal

Romania

Slovakia

Slovenia

Spain

Sweden

United Kingdom

471.847

417.372

817.605

252.975

270.172

89.500

70.233

645.369

755.554

499.395

626.796

416.215

257.350

864.894

477.795

873.015

5 % threshold

PR with STV

PR with preferential vote

4 % threshold

PR with preferential vote

5 % threshold

PR with preferential vote

5 % threshold

PR with vote splitting

PR with STV

PR with preferential vote

5 % threshold

PR with preferential vote

5 % threshold

PR with preferential vote

4 % threshold

PR (Northern Ireland PR

with STV)

Single constituency

5 constituencies

Single constituency

(13 electoral districts)

Single constituency

11 + 1 (Northern

Ireland)

34 days before election day

29 April 2014

39 days before election day

65 days before election day

60 days before election day

35 days before election day

8 April 2014

40 days before election day

41 days before election day

60 days before election day

65 days before election day

30 days before election day

20 days after election call

28 February 2014

24 April 2014

PR = Proportional representation; STV = Single Transferable Vote

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

ANNEX II: WEBLINKS TO NATIONAL ELECTORAL

PROVISIONS

Note: Some legal bases cannot be identified under a specific URL because the URL indicates

only a general research instrument and does not change for individual documents.

Belgium

Loi du 23 mars 1989 amendée

Bulgaria

Law on Elections to the European Parliament

Czech Republic

Law No.62/2003

Denmark

Law of 2 February 2004

Consolidated Act of 11 February 2013

Germany

European electoral regulation

European Elections Act of 7 October 2013

Legal Bases for the EP elections

Estonia

Electoral Acts

European Parliament Election Act

(English version)

Greece

Overview electoral laws

(English version)

Law of 11 April 2014

Spain

Law No.5/1985

Law No.3/2007

Law No.9/2007

The European elections: EU legislation, national provisions and civic participation

_________________________________________________________________

France

Loi 2003-327

Décret 2004-30

Croatia

EP Elections Act

Ireland

European Parliament Elections Act (Amendment)

Irish Statute Book

Italy

Elezione dei membri del Parlamento europeo

Legge 20 febbraio 2009, n. 10

Cyprus

Federal law on Elections to European Parliament

Latvia

European Parliament Election Law (English version)

Lithuania

Law on Elections to the European Parliament

Luxembourg

Loi du 10 février 2004

Loi de 19 décembre 2008

Hungary

Electoral Law 2013

Malta

Constitution of Malta

European Parliament Elections Act

Electoral Polling Ordinance

General Elections Act

Policy Department C: Citizens' Rights and Constitutional Affairs

________________________________________________________________

Netherlands

Electoral Law

Austria

Law on Elections to the European Parliament

Constitution of the Austrian Federation

Poland

Act on the Elections to the Sejm and the Senate of the Republic of Poland

Electoral Law to the European Parliament

Portugal

European Parliamentary Elections Act

Romania

Law 33 on European elections

Slovenia

Electoral Law for the EP

Voting right register Act

Slovakia

Act No. 331/2003 on the Elections to the European Parliament

Finland

Election Act of 2 October 1998

Sweden

Elections Act 2005:837

European Parliamentary and Local Elections (Pilots) Act 2004

European Parliament (Representation) Act 2003

European Parliamentary Elections Act 2002

European Parliamentary Elections Act 1999