Act No. 62 / 2003 Coll.
Law on elections to the European Parliament and amending certain laws
Valid
Effective from 04.03.2003
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
HLAVA III
§ 21
§ 22
§ 23
§ 24
§ 26
HLAVA IV
§ 27
§ 28
§ 29
HLAVA V
§ 32
§ 37
HLAVA VI
§ 43
§ 44
§ 47
§ 48
§ 49
§ 51
HLAVA VII
§ 52
§ 53
§ 54
HLAVA VIII
§ 57
§ 58
HLAVA IX
§ 60
HLAVA X
§ 62
HLAVA XI
§ 65
§ 69
ČÁST DRUHÁ
§ 71
㤠89
ČÁST TŘETÍ
§ 72
ČÁST ČTVRTÁ
§ 73
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62
THE LAW
of 18 February 2003
on elections to the European Parliament and amending certain laws
Parliament has decided on this law of the Czech Republic:
ELECTIONS TO THE EUROPEAN PARLIAMENT
GENERAL PROVISIONS
This law implements the relevant European Union1 provisions and regulates the special rules for the exercise of the state administration of elections to the European Parliament held in the Czech Republic, the special conditions for the exercise of the right to vote in these elections and the special rules for the detection of the results of these elections. Common rules for the administration of elections are laid down in the Electoral Governance Act.
(1) Elections to the European Parliament shall be held by secret ballot on the basis of universal, equal and direct voting rights, in accordance with the principles of proportional representation.
(2) Members of the European Parliament are elected for a term of 5 years.
(3) For elections to the European Parliament, the territory of the Czech Republic comprises one constituency.
(1) Elections to the European Parliament are held for the last year of the European Parliament's term of office.
(2) The elections to the European Parliament held in the Czech Republic shall be held by the President of the Republic, on the basis of a decision of the Council of the European Union (hereinafter referred to as "the Council") no later than 90 days before their performance. The election decision is announced in the Collection of Laws and International Treaties.
(1) For the purposes of this Act, the communication centre of another Member State of the European Union (hereinafter referred to as "another Member State") is the authority of another Member State designated by that State to communicate with the other Member States of the European Union on elections to the European Parliament.
(2) The Ministry of the Interior is the communication centre for the exchange of information with other Member States. The communication centre shall perform the following tasks:
(a) receive from the communication centres of other Member States information on voters who are applied for permanent residence or temporary residence in the Czech Republic and who have shown their willingness to vote or stand for office in another Member State;
(b) verify within five working days for the communication centre of another Member State whether a national of the Czech Republic who is a candidate in that other Member State has not been deprived of the right to be elected,
(c) sends information to the communication centres of other Member States that a national of the Member State concerned has shown his willingness to vote in the Czech Republic or is on the candidate list for elections to the European Parliament submitted in the Czech Republic.
(3) The Ministry of the Interior shall notify the European Commission of the contact details and changes to the communication centre.
Right to vote
Every citizen of the Czech Republic, who has reached the age of 18 at least on the second day of the elections, and a citizen of another Member State who has reached the age of 18 at least on the second day of the elections and is registered for at least 45 days for permanent residence or temporary residence in the Czech Republic.
Right to be elected
(1) A Member of the European Parliament may be elected in the Czech Republic by any citizen of the Czech Republic and by any citizen of another Member State who, on the territory of the Czech Republic at the latest on the second day of the elections for at least 45 days, is registered for permanent residence or temporary residence, at least on the second day of the elections reached the age of 21, is not restricted to his or her right to exercise his or her right to be elected and, if he / she is a citizen of another Member State, is not deprived of the right to be elected to the European Parliament. If a citizen of another Member State is also a citizen of several Member States, he must not be deprived of the right to be elected to the European Parliament in either of them.
(2) Everyone may only run once in the same elections to the European Parliament.
CANDIDATE LISTS
Submission of candidate documents
(1) Candidate instruments for elections to the European Parliament may be filed by registered political parties and political movements whose activities have not been suspended, 12) and their coalition.
(2) The maximum number of candidates that the election party may put on the list is one third higher than the number of MEPs elected in the Czech Republic.
(3) In addition to the formalities laid down in the Election Management Act, the candidate shall state that he has not given his consent to be included on the candidate list for elections to the European Parliament in another Member State. Where a candidate is a citizen of another Member State, he shall also indicate in the declaration the place of birth and the address of his last place of residence in the Member State of origin and include a declaration that he has not been deprived of his right to be elected in the Member State of origin by judicial or administrative decision. The candidate's declaration may be made in the Czech, English, German or French language.
(4) The Election Party shall attach to the candidate list proof of payment of the registration fee.
Fee for registration of a candidate for elections to the European Parliament
(1) The fee for registration of the candidate list for elections to the European Parliament is charged by the Election Party.
(2) The registration of a candidate instrument for elections to the European Parliament shall be subject to a fee by the registration authority.
(3) The amount of the registration fee for the European Parliament election is CZK 19.000.
(4) The fee for registration of the candidate list for elections to the European Parliament and the interest on the funds in the tax administrator's account held with the Czech National Bank pursuant to Article 23 (2) is the income of the state budget.
(5) The fee payable for the registration of a candidate's instrument of election to the European Parliament shall cease to be charged if the candidate's instrument has not been registered either by decision of the court under the administrative order of the court. The fee shall expire on the date on which the deadline for the submission of the application for registration of a candidate document has expired in vain or on the date on which the court's decision became final.
Administration of the registration fee for the candidate list for elections to the European Parliament
(1) The registry office is the administrator of the registration fee for the candidate list for elections to the European Parliament.
(2) The fee for the registration of a candidate instrument for elections to the European Parliament shall be due when the candidate instrument is lodged, but not later than 66 days before the election date. The fee shall be paid to the account of the administrator of the fee held with the Czech National Bank established no later than 72 days before the election date.
(3) If the taxpayer does not pay the fee for the registration of the candidate list for elections to the European Parliament within the deadline for payment, the administrator shall invite the fee administrator in writing no later than 58 days before the election date to do so within 53 days before the election date. If the fee is not paid by the taxpayer within that period, the registration office shall decide to reject the application.
(4) In the case of a registration fee for a candidate instrument for elections to the European Parliament, there is no interest on late payments and it is not possible to allow the payment to be postponed or, where appropriate, to be split into instalments.
(5) The administrator of the fee will return the excess fee for the registration of a candidate instrument for elections to the European Parliament without an application within 1 month of the date of the overpayment.
Special rules for the discussion of the lists
(1) If the candidate is a national of another Member State, the Ministry of the Interior shall immediately send the communication centre of another Member State the information that the national of that other Member State is on the candidate list for elections to the European Parliament submitted in the Czech Republic. At the same time, it shall send a statement by that candidate and request verification from the communication centre of another Member State that the candidate has not been deprived of the right to be elected.
(2) The Ministry of the Interior shall decide to strike a candidate who is a national of another Member State if, within the time limit set for the crossing of candidates by the Law on the Administration of Elections, he receives information from the communication centre of the Member State of origin that the candidate has been deprived of the right to be elected.
(3) 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, through the Regional Authorities, shall ensure the publication of information that the candidate has been deprived of the right to be elected, in all electoral rooms, provided that he receives information from the communication centre of another Member State within 48 hours before the election begins.
Voting lists
Voting tickets for elections to the European Parliament shall be produced separately for each party.
Special requirements of the electoral list
Entry of data in the electoral list
(1) The Ministry of the Interior implements in the list of voters
(a) the entry of the data on the vote of a Czech citizen in elections to the European Parliament in another Member State;
(b) the deletion of data on the vote of a citizen of another Member State in elections to the European Parliament in the Czech Republic.
(2) The entry and deletion of data referred to in paragraph 1 shall be carried out by the Ministry of the Interior on the basis of information from the communication centres of other Member States. The information referred to in paragraph 1 (a) shall be valid only for the elections immediately following its registration and shall be included in the electoral statement. During the period of validity of this data, the voter cannot vote in elections to the European Parliament in the Czech Republic.
(3) At the request of the electorate, the municipal office and representative office shall record and delete the voting details of another Member State's citizen in the elections to the European Parliament in the Czech Republic. The vote in the elections to the European Parliament in the Czech Republic shall be valid for all elections to the European Parliament until there is a reason for its deletion.
Request for entry of information on the vote of a citizen of another Member State in the Czech Republic on the electoral list
(1) A citizen of another Member State who is on the electoral list and intends to vote in the elections to the European Parliament in the Czech Republic may, at the latest 39 days before the election date, request the entry of voting details in the elections to the European Parliament in the Czech Republic in the electoral list.
(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 was still on the ballot for the elections to the European Parliament, and voting in elections to the European Parliament only in the Czech Republic.
(3) The application referred to in paragraph 1 may be submitted by the voter to any municipal or representative office:
(a) in person, including through a person who is proven to be in full power with an officially certified signature of the voter;
(b) in writing by means of a data box of the electorate, or signed by a recognised electronic signature of the electorate, or in paper form with an officially certified signature of the electorate; or
(c) through a public administration portal using an electronic identification device issued under a qualified electronic identification system at least at the level of the guarantee.
(4) The municipal office or representative office shall inform the applicant at the latest 15 days before the election date of how its application has been handled.
(5) The vote in the elections to the European Parliament in the Czech Republic will be deleted by the municipal or representative office at the request of the electorate. Paragraph 3 shall apply mutatis mutandis to the submission of an application.
Election card
On the basis of an electoral pass or on the basis of a registration, the voter's announcement of the voter's vote in another constituency in the electoral list may vote in the elections to the European Parliament in the Czech Republic in any constituency or special constituency.
VOTING
Informing voters
Information on voting conditions in European Parliament elections in the Czech Republic will be published by the Ministry of the Interior 60 days before the election date on its website (11) in all the official languages of the European Union.
Voting procedure
The voter puts 1 ballot in the official envelope. On the ballot, it may, by circling a serial number for a maximum of two candidates on the same ballot, indicate which candidate it prefers. Other amendments to the ballot shall not affect its assessment.
DETERMINATION OF RESULTS OF VOTES
The count of votes by the District Commission and the Special District Election Commission
After removing the ballots from the official envelopes, the District Electoral Commission and the Special District Electoral Commission shall divide and add up the ballots which have been submitted to each party, excluding invalid voter votes for reasons set out in the Electoral Management Act. In addition, it shall assess and then add up the priority votes which have been cast to individual candidates. If the voter has put more than 2 candidates on the ballot, it is a valid vote for the party; However, priority votes shall not be taken into account.
Minutes of the vote in the constituency
(1) The minutes of the District Electoral Commission and the Special District Electoral Commission on the progress and outcome of the vote shall indicate:
(a) the time of commencement and termination of the vote, and, where appropriate, its postponement, interruption or extension, stating the reasons for the vote;
(b) the total number of persons entered in the voter's statement;
(c) the number of voters to whom official envelopes have been issued;
(d) the number of voters who voted for the ballot;
(e) the number of open delivery envelopes for correspondence voting, of which the number of delayed delivery envelopes,
(f) the number of official envelopes surrendered;
(g) the number of votes cast for each party and the number of votes in total;
(h) the number of valid priority votes cast per candidate;
(i) in a separate annex to the minutes, the brief content of the notifications and complaints submitted to the District Electoral Commission or the Special District Electoral Commission, the resolutions which it has adopted and their brief justification.
(2) To indicate the information referred to in paragraph 1 (b). (h) the District Electoral Commission or the Special District Electoral Commission shall make use of the necessary number of unused ballots which, after the end of the vote for this purpose, were explicitly designated by the President of the District Electoral Commission or the Special District Electoral Commission in the presence of the members of the District Electoral Commission or the Special District Electoral Commission; if applicable, use auxiliary addition sheets provided electronically by the Czech Statistical Office.
Procedure for skrutinia
(1) Based on the results of the votes taken from the constituencies and special constituencies, the Czech Statistical Office will determine the total number of votes in force that have been cast for all the voting parties.
(2) Each election party shall proceed to the skrutinia, which shall receive at least 5% of the total number of votes cast.
Skrutinium
(1) The number of votes in force for each of the voting parties which have advanced to the skrutinia shall be divided gradually by 1, 2, 3 and 1 higher respectively. However, as many shares as the candidates on the ballot are calculated, candidates who have given up or been withdrawn after the registration of the candidate list or those who are nationals of another Member State and who have been deprived of the right to vote in the Member State of origin shall not be counted if the information on the waiver of the right to vote is received by the Ministry of Interior from the communication centre of another Member State within 48 hours before the election begins. The value of the shares shall be calculated and reported to 2 decimal places, rounded up.
(2) All shares calculated in accordance with paragraph 1 shall be ranked in descending order of size and a list of as many shares as the Members are elected. In the event of a equality of 2 or more shares in this series, the ranking shall be the decisive number of votes for the election party and, if this is the same, the ranking of the lot. At the same time as the size of the holding, the designation of the electoral party that has achieved that share shall be indicated.
(3) For each share included in the list referred to in paragraph 2, the electoral party shall have one mandate.
(4) Within the voting parties, the mandates referred to in paragraph 2 shall fall on the candidates in the order indicated on the ballot.
(5) However, if one of the candidates has obtained a number of priority votes of at least 5% of the total number of votes in force cast for that party, the mandate shall be given priority to that candidate.
(6) Where more than one candidate has fulfilled the condition laid down in paragraph 5 and the election party has obtained more than one mandate, the mandates shall, as a priority, be to those candidates who have fulfilled the condition laid down in paragraph 5, in turn in the order of the maximum number of priority votes obtained; in the event of an equal number of priority votes, the ranking of the candidate on the ballot shall be decisive. Candidates who have not fulfilled the condition set out in paragraph 5 shall be given mandates in the order indicated on the ballot.
(7) Election candidates who have received at least 1 mandate shall become alternates. In order to determine the ranking of the alternates within those electoral parties, the procedure shall be treated mutatis mutandis in accordance with paragraphs 4 to 6.
Minutes of the State Election Commission and publication of election results
(1) Following the implementation of the skrutinia and after the deadline set for the closure of the last ballot box on the territory of the European Union, the Czech Statistical Office will transmit the results of the vote 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 the members of the State Election Commission. A member of the State Election Commission may refuse to sign the minutes of the outcome of the elections and make a reservation. The reasons for refusing the signature of a member of the State Election Commission shall be set out in a separate annex to the minutes.
(2) The minutes of the State Election Commission shall indicate:
(a) the total number of persons entered in the electoral records;
(b) the total number of voters to whom official envelopes have been issued;
(c) an indication of the number of official envelopes surrendered,
(d) the total number of voters who voted for the ballot;
(e) the total number of open delivery envelopes for correspondence voting, of which the number of delayed delivery envelopes,
(f) the total number of votes in force cast for each election party separately;
(g) the names and surnames of the candidates elected, broken down by election party, and of the candidates who have become alternates, together with details of the results of the priority vote;
(h) a list of voting parties which have obtained at least 1% of the total number of votes in force; in the case of a coalition, the composition of the coalition shall be indicated.
Election certificate
(1) The State Election Commission shall issue a certificate to the candidates elected as Members of the European Parliament within 1 month of the publication of the results of the elections that they have been elected.
(2) The State Election Commission shall issue a certificate of election by a Member to the candidate in the order of Paragraph 48 within 7 days of the legal authority of the court of the court of the candidate's annulment.
INJURY AND ENFORCEMENT OF THE MANDATOR, NON-COMPATIBILITY OF FUNCTIONS AND REPRESENTATIVES
(1) The mandate of a Member of the European Parliament is to begin the first European Parliament meeting in the new five-year term of office of the European Parliament.
(2) The mandate of a Member of the European Parliament expires
(a) deaths;
(b) loss of selectivity pursuant to Article 6;
(c) by receiving additional information from the Member State of origin on the waiver of the right to be elected;
(d) the expiry of the term of office;
(e) surrender of the mandate; or
(f) the existence of incompatibility of functions (§ 53).
(3) The termination of the mandate shall, for the reasons set out in paragraph 1 (b), (c) and (f), be given by the State Electoral Commission by a resolution to that effect, which shall, at the latest, be convened within 30 days of the date on which the reason for the termination of the mandate was given. This resolution of the State Electoral Commission will immediately send to the person entitled to seek protection in court (§ 57 (3)). At the same time, this resolution will be posted on the official board of the Ministry of Interior in the building where the State Electoral Commission is based and published in a way that allows remote access. The order shall be deemed to have been served on the third day following the date of the hanging.
(4) The mandate of a Member of the European Parliament pursuant to paragraph 3 shall expire on the date on which the time limit for bringing an application to a court pursuant to paragraph 57 (3) or on the date on which the decision of the court has not been annulled pursuant to paragraph 3 has expired.
(1) The function of a Member of the European Parliament is incompatible
(a) with membership in the Commission of the European Communities,
(b) with the office of Judge, Advocate General or Registrar of the Court of Justice of the European Communities and the office of Judge or Registrar of the Court of First Instance,
(c) with membership in the Court of Auditors of the European Communities and with membership in the Committee of Directors of the European Central Bank,
(d) with the function of Ombudsman of the European Communities,
(e) with membership in the Economic and Social Committee of the European Community and the European Atomic Energy Community,
(f) membership of committees or other bodies established under the Treaties establishing the European Economic Community and the European Atomic Energy Community for the purpose of managing the European Communities' funds;
(g) membership of committees or other bodies established under the Treaties establishing the European Economic Community and the European Atomic Energy Community to carry out permanent direct administrative tasks;
(h) with membership in the Governing Council, the Steering Committee, or an employment relationship in the European Investment Bank; or
(i) having the status of an official in active employment or of an employee of the institutions of the European Communities or of the specialised bodies or the European Central Bank attached thereto.
(2) The function of a Member of the European Parliament is further incompatible
(a) with membership in the Government of the Czech Republic,
(b) with the office of the President of the Czech Republic,
(c) with the office of Member of the Chamber of Deputies of the Parliament of the Czech Republic,
(d) with the function of Senator of the Senate of the Parliament of the Czech Republic,
(e) with the office of judge of the Czech Republic,
(f) with the office of Prosecutor of the Czech Republic,
(g) with the function of the Ombudsman of the Czech Republic; or
(h) other functions provided for in a special law.
Entry of alternates
(1) If the mandate is vacant, the alternate shall be taken from the candidate list of the same electoral party in the order of the election results. The alternate shall be given a mandate on the day immediately following the date on which the mandate of the Member of the European Parliament for which the alternate enters. The alternate shall also enter if the court finds a reasoned application for annulment of the candidate's choice (§ 57 (1)).
(2) If he is not an alternate of the same electoral party, the mandate shall remain vacant until the end of the term.
(3) If a political party or political movement has been abolished, the alternate shall not take up the seat and the mandate shall remain vacant until the end of the term of office. However, if there is a coalition, the alternate who has been proposed by a political party or a political movement that has been abolished will not take over and the mandate will be obtained by another alternate from another political party or political movement associated with the coalition.
(4) If the activity of a political party or a political movement or some political party or political movement forming a coalition has been suspended, the mandate shall remain vacant for the duration of the suspension and the alternate shall not take place.
(5) The State Election Commission shall provide the alternate with a certificate stating that he has become a Member of the European Parliament and that he has become a Member of the European Parliament and shall immediately inform the European Parliament thereof.
COURT REVIEW
(1) By filing an application for annulment of the candidate's election, any voter entered in the electoral list for election to or from the European Parliament, and any party whose ballot has been registered for election to the European Parliament in the territory of the Czech Republic, hereinafter referred to as the "applicant ', may seek protection in court under special legislature13. The proposal shall be submitted no later than 10 days after the announcement of the election results by the State Election Commission.
(2) An application for annulment of the candidate's election may be made by the applicant, if he considers that the provisions of this law have been infringed in a manner which has grossly affected the outcome of the candidate's election.
(3) The resolution which the State Electoral Commission has declared that the mandate of a Member of the European Parliament expires may be invoked by a Member to whom the mandate has been terminated or by an election party for whose candidate in the elections to the European Parliament, within 2 days of the date of receipt of the decision of protection in a court under a special law. 13)
(1) The Supreme Administrative Court of the Czech Republic is responsible for the proceedings under Section 57.
(2) In proceedings for protection in matters of invalidity of the candidate's choice or for protection in matters of termination of the mandate, the court shall, mutatis mutandis, in accordance with Part Three, Title II, Part 4 of the Administrative Rules of Procedure. 13)
_
Entitlements of candidates
(1) The candidate shall have the right, from the day following the date of registration of the nominee until the day preceding the date of the election, to provide him with leave of absence of compensation for his employment or equivalent. The activity of the candidate during this period is another act of general interest.
(2) The fact that someone is a candidate must not be prejudicial to their employment or similar relationships. The period of leave referred to in the preceding paragraph shall be considered as the period of employment.
TRANSFERS
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
HLAVA III
§ 21
§ 22
§ 23
§ 24
§ 26
HLAVA IV
§ 27
§ 28
§ 29
HLAVA V
§ 32
§ 37
HLAVA VI
§ 43
§ 44
§ 47
§ 48
§ 49
§ 51
HLAVA VII
§ 52
§ 53
§ 54
HLAVA VIII
§ 57
§ 58
HLAVA IX
§ 60
HLAVA X
§ 62
HLAVA XI
§ 65
§ 69
ČÁST DRUHÁ
§ 71
㤠89
ČÁST TŘETÍ
§ 72
ČÁST ČTVRTÁ
§ 73
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Regulation Information
| Citation | Act No. 62 / 2003 Coll., on elections to the European Parliament and amending certain laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.03.2003 |
|---|---|
| Effective from | 04.03.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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