Act No. 58 / 2014 Coll.
Act amending Act No 62 / 2003 Coll., on Elections to the European Parliament and amending certain laws, as amended, and certain other laws
Valid
Effective from 07.04.2014
58
THE LAW
of 20 March 2014
amending Act No 62 / 2003 Coll., on elections to the European Parliament and amending certain laws, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Election Act to the European Parliament
Act No. 62 / 2003 Coll., on elections to the European Parliament and amending certain laws, as amended by Act No. 320 / 2009 Coll. and Act No. 222 / 2012 Coll., is amended as follows:
1. Paragraph 1, including footnote 1, reads as follows:
This law implements the relevant European Union1 provisions and regulates the conditions for the exercise of electoral law, the organisation of elections and the scope of judicial review in elections to the European Parliament held in the Czech Republic.
1) Council Directive 93 / 109 / EC of 6 December 1993 laying down rules for the exercise of the right to vote and to stand as a candidate in elections to the European Parliament of citizens of the Union residing in a Member State and not nationals thereof. Council Directive 2013 / 1 / EU of 20 December 2012 amending Directive 93 / 109 / EC as regards certain rules on the exercise of the right to stand as a candidate in elections to the European Parliament of citizens of the Union residing in a Member State and not nationals thereof. Act of 1976 concerning the election of members of the European Parliament by direct universal suffrage, as amended by Council Decision 2002 / 772 / EC. '
2. in Article 5 (2) (b), including footnote 4:
"(b) limitation of the right to exercise suffrage (4).
4) Sections 55 to 65 of the Civil Code. '.
3. In the first sentence of Paragraph 6 (1), the words "deprived of legal capacity, 4) 'shall be replaced by the words" restricted to the exercise of voting rights 4),'.
4. In Paragraph 9, the sentence "The Ministry of the Interior shall notify the European Commission of the contact details and changes to the communication centre at the end of paragraph 1."
5. in Article 9 (2), the following point (e) is inserted after point (d):
"(e) send the communication centre of another Member State without delay after the submission of the candidate list information that the national of that other Member State is listed on the candidate list for elections to the European Parliament lodged in the territory of the Czech Republic and at the same time sends the statements of that candidate in order to verify that the candidate has not been deprived of the right to be elected, and for the communication centre of another Member State, verify within five working days whether the national of the Czech Republic who is candidate in that other Member State has not been deprived of the right to be elected,";
Points (e) to (j) shall be renumbered as points (f) to (k).
6. In Paragraph 9 (3) of the Introductory Part of the provision, the words "and the verification of whether a national of the Czech Republic who is a candidate in another Member State has not been deprived of the right to be elected," shall be inserted after the word "documents."
7. in Article 9 (5) (e):
"(e) limitation of jurisdiction."
8. in Article 9 (6), the following point (e) is inserted after point (d):
"(e) the beginning of the stay or the date of termination of the stay in the Czech Republic,"
Points (e) and (f) shall be renumbered as points (f) and (g).
9. in Article 9 (6) (f):
"(f) limitation of incapacity,"
10. in Article 12 (2) (b), the word "without delay" shall be deleted;
11. in Article 12 (2) (c), the words "interim and overall" shall be deleted;
12. in Article 12 (2), point (g) is deleted;
Points (h) to (l) shall be renumbered as points (g) to (k).
13. in Article 12 (3), the comma at the end of point (f) is replaced by a dot and point (g) is deleted;
14. in Article 15 (1) (d), the words "immediately after inclusion in the list of voters for elections to the European Parliament" shall be inserted after the words "another Member State."
15. in Paragraph 22 (3):
"(3) Where a candidate is a citizen of another Member State, he shall declare, in addition to the information referred to in paragraph 2, the place of birth and the address of his last place of residence in the Member State of origin, a declaration stating that he has not been deprived of the right to stand as a candidate in the Member State of origin and shall provide the documents referred to in paragraph 2, first sentence, to the applicant. ';
16. In the second sentence of Paragraph 22 (6), the words "deprived of legal capacity 'shall be replaced by the words" with limited professional law (4)'.
17. In Article 23, the following paragraph 2 is inserted after paragraph 1:
"(2) If a candidate is a national of another Member State, the Ministry of the Interior shall send his declaration, which has been attached to the candidate list, to the communication centre of the Member State of origin in order to verify that the candidate has not been deprived of the right to be elected. ';
Paragraphs 2 to 9 shall be renumbered paragraphs 3 to 10.
18. in Article 23 (3), point (d) is deleted;
Points (e) to (h) shall be renumbered as points (d) to (g).
19. In Article 23, the following paragraph 4 is inserted after paragraph 3:
"(4) The Ministry of the Interior shall decide, no later than 48 days before the date of the elections, to strike a candidate who is a national of another Member State if he receives from the communication centre of the Member State of origin information that the candidate has been deprived of the right to be elected. ';
Paragraphs 4 to 10 shall be renumbered paragraphs 5 to 11.
20. in Paragraph 23 (5) (b), "2" is replaced by "3."
21. in the first sentence of Paragraph 23 (9), "3" is replaced by "5."
22. In Article 24, the following paragraph 4 is added:
"(4) If the Ministry of the Interior receives information from the communication centre of another Member State that a candidate who is a national of that Member State has been deprived of the right to be elected, the data on the candidate on the candidate list shall remain on the list but shall not be taken into account when determining the outcome of the vote. The Ministry of the Interior shall, through the Regional Authorities, ensure the publication of information that the candidate has been deprived of the right to be elected, in all electoral rooms, provided that information is received from the communication centre of another Member State within 48 hours before the election begins. ';
23. In the first sentence of Paragraph 26 (2), "6 'is replaced by" 8'.
24. In Paragraph 28, at the end of paragraph 4, the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) dead, or
(e) have been registered for permanent residence in the territory of another municipality in the Czech Republic following entry on the European Parliament electoral list referred to in paragraph 1 (a); on the removal from the list of voters for elections to the European Parliament, the municipal electorate shall issue a confirmation at its request. ';
25. In Article 28, the following paragraph 5 is added:
"(5) No later than the closing of the list of voters for elections to the European Parliament, the municipal electorate shall register a voter who shall show that it has been removed from the list of voters for elections to the European Parliament in accordance with paragraph 4 (e). ';
26. in Paragraph 29 (2):
"(2) The request referred to in paragraph 1 shall be accompanied by an affidavit by a citizen of another Member State stating his nationality, his place of residence, the address of the constituency where he has been kept in the register of elections to the European Parliament so far, and voting in elections to the European Parliament only in the Czech Republic. Upon submission of the application referred to in paragraph 1, a citizen of another Member State shall be established with a valid identity card. ';
27. In Article 29, at the end of paragraph 3, the sentence "When the application is made, a citizen of another Member State shall be accompanied by a valid identity card."
28. In Paragraph 33 (4), the words "or the appeal of candidates, if received ', shall be replaced by the words", a declaration of appeal of the candidate or information that a candidate who is a national citizen of another Member State has been deprived of the right to be elected in the Member State of origin if received'.
29. In the second sentence of Paragraph 36 (3), the words "and that it is registered for permanent residence or temporary residence in the Czech Republic 'are deleted.
30. In Paragraph 36 (4), the words "or, if it is a citizen of another Member State, if it does not prove that he is registered for permanent residence or temporary residence in the Czech Republic 'are deleted.
31. In Article 36 (5), at the end of the second sentence, the words "or, if it presents a confirmation as referred to in Article 28 (4) (e) or a confirmation of withdrawal from a separate list of voters maintained by the representative office and demonstrates its right to vote in the constituency 'shall be added.
32. Paragraph 40, including the title:
Closure of the vote
As soon as the time set for the end of the vote has elapsed, the voting room shall be closed, but before that, all voters who are in or before the voting room shall be allowed to vote; then the President of the District Electoral Commission shall declare the vote closed. ';
33. in Paragraph 42 (1), the words' the opening of the census' shall be replaced by 'the end of the vote';
34. In the first sentence of Paragraph 45 (4), the words' from the beginning of the census' shall be replaced by 'after the end of the vote'.
35. Paragraph 46 shall be deleted, including the title.
36. In Paragraph 48 (1), at the end of the second sentence, the words "or candidates who are nationals of another Member State and who have been deprived of the right to be elected in the Member State of origin shall be added if information on the waiver of the right to be elected by the Ministry of the Interior from the communication centre of another Member State is received within 48 hours before the election begins'.
37. in Paragraph 49 (1):
"(1) After the implementation of the skrutinia and after the deadline set for closing the last ballot room on the territory of the European Union, the Czech Statistical Office shall transmit the results of the voting to the State Election Commission. The State Election Commission will approve the minutes of the result of the elections transmitted by the Czech Statistical Office. The minutes shall be signed by members of the State Election Commission; if one of the members of this Commission withdraws the signature, the reasons for the refusal shall be indicated in a separate annex to the minutes. ';
38. in Paragraph 52 (2), the following point (c) is inserted after point (b):
"(c) by receiving additional information from the Member State of origin on the waiver of the right to be elected,";
Points (c) to (e) shall be renumbered as points (d) to (f).
39. in Paragraph 59 (6), the words "signing the minutes on the course and the outcome of the vote" shall be replaced by the words "the time set for closing the last ballot box on the territory of the European Union."
40. In Article 59, the following paragraph 7 is added:
"(7) The electoral authorities may not publish the results of the voting recorded until the deadline for closing the last ballot box on the territory of the European Union. ';
41. in Paragraph 64 (1), the comma at the end of point (b) shall be replaced by a dot and points (c) and (d) shall be deleted;
Amendment of the Election Act to Parliament of the Czech Republic
Act No. 247 / 1995 Coll., on the elections to Parliament of the Czech Republic and amending and supplementing certain other laws, as amended by Act No. 212 / 1996 Coll., the Constitutional Court Act No. 243 / 1999 Coll., Act No. 204 / 2000 Coll., the Constitutional Court Act No. 64 / 2001 Coll., Act No. 491 / 2001 Coll., Act No. 37 / 2002 Coll., Act No. 171 / 2002 Coll., Act No. 230 / 2002 Coll., Act No. 320 / 2009 Coll., Act No. 195 / 2010 Coll., and Act No. 222 / 2012 Coll., amended as follows:
1. in Article 2 (b), including footnote 2:
"(b) limitation of the right to exercise electoral law2).
2) Sections 55 to 65 of the Civil Code. '
2. in Article 12 (7) (e):
"(e) limitation of jurisdiction;"
3. In the second sentence of Paragraph 32 (5), the words "deprived of legal capacity 'are replaced by the words" with limited professional law (2)'.
4. In the first sentence of Paragraph 61 (3), the words "deprived of legal capacity 'are replaced by the words" with limited legal capacity (2)'.
Amendment to the Regional Council Act
Act No. 130 / 2000 Coll., on elections to regional councils and amending certain laws, as amended by Act No. 273 / 2001 Coll., Act No. 37 / 2002 Coll., Act No. 230 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2009 Coll. and Act No. 222 / 2012 Coll., are amended as follows:
1. in Paragraph 4 (2) (b), including footnote 5:
"(b) limitation of the right to exercise electoral law5),
5) Sections 55 to 65 of the Civil Code. '
2. in Article 11 (5) (e):
"(e) limitation of jurisdiction;"
Amendment of the municipal council election law
Act No. 491 / 2001 Coll., on elections to municipal councils and amending certain laws, as amended by Act No. 230 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2009 Coll., Act No. 222 / 2012 Coll. is amended as follows:
1. in Paragraph 4 (2) (b), including footnote 7,
"(b) limitation of the right to exercise electoral law7),
7) Sections 55 to 65 of the Civil Code. '
2. in Article 12 (5) (e):
"(e) limitation of jurisdiction."
3. in Article 12 (6) (e):
"(e) limitation of jurisdiction;"
4. In the second sentence of Paragraph 22 (4), the words "deprived of legal capacity 'shall be replaced by the words" with limited legal capacity'.
Amendment of the Local referendum Act
Act No. 22 / 2004 Coll., on Local referendum and amending certain laws, as amended by Act No. 234 / 2006 Coll., Act No. 169 / 2008 Coll. and Act No. 142 / 2012 Coll., are amended as follows:
1. in Paragraph 4 (b), including footnote 3,
"(b) limitation of the right to vote in referendum (3);
3) Sections 55 to 65 of the Civil Code. '
2. in Article 12 (7) (e):
"(e) limitation of jurisdiction."
3. in Article 12 (8) (e):
"(e) limitation of jurisdiction."
Amendment to the Regional referendum Act
Act No. 118 / 2010 Coll., on Regional referendum and amending certain laws, as amended by Act No. 142 / 2012 Coll., is amended as follows:
1. in Paragraph 4 (b), including footnote 3,
"(b) limitation of the right to vote in referendum (3);
3) Sections 55 to 65 of the Civil Code. '
2. in Article 12 (7) (e):
"(e) limitation of jurisdiction."
Amendment to the law on the election of the President of the Republic
Act No. 275 / 2012 Coll., on the election of the President of the Republic and on the amendment of certain laws (Act on the election of the President of the Republic), as amended by the statutory measure of the Senate No. 340 / 2013 Coll. and the statutory measure of the Senate No. 344 / 2013 Coll., is amended as follows:
1. in Paragraph 4 (2) (b), including footnote 4,
"(b) limitation of the right to exercise suffrage (4).
4) Sections 55 to 65 of the Civil Code. '.
2. In Article 5, the words "depriving of legal capacity 4) 'are replaced by the words" restricting the right to exercise suffrage 4)'.
3. in Article 8 (5) (e):
"(e) limitation of jurisdiction."
4. In the second sentence of Paragraph 22 (1), the words "deprived of legal capacity (4) 'are replaced by the words" with limited legal capacity (4)'.
5. In the third sentence of Paragraph 23 (3), the words "deprived of legal capacity (4) 'are replaced by the words" with limited legal capacity (4)'.
EFFECTIVE
This Act shall take effect on the day of its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 58 / 2014 Coll., amending Act No. 62 / 2003 Coll., on elections to the European Parliament and amending certain laws, as amended, and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.04.2014 |
|---|---|
| Effective from | 07.04.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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