|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Maltese Laws |
EUROPEAN PARLIAMENT ELECTIONS ACT
To make provision for the holding of elections to the European
Parliament.
1st January, 2004
ACT XVI of 2003, as amended by Legal Notice 427 of 2007.
Elections Act.
"the Act" means the Act of the member States of the European Communities concerning the election of the representatives
of the Assembly by direct universal suffrage annexed to Decision 76/787/ ECSE, EEC, Eurat o m p ublished i n the O ffici al Jo urnal
of t h e European Union, as from time to time amended;
"com pet e nt auth ority" means the body in a Member S t ate charged with the conduct of elections of members of the European
Parliament and the registration of voters therefor;
"elect ion of members of the European Parl iam e nt" means elec tions of members of the European Parli a ment held i n
accordance with, and pursuant to, the Act and the Treaty;
"Electoral Comm ission" means the Electoral Comm ission established by article 60 of the Constitution;
"Electoral Register" means the Electoral Register published in accordance with the provisions of the General Elections Act;
"Electoral Roll" in relation to Malta means the Electoral Register and the European Union Electoral Register and in relation
to other Member States means the official register of all voters entitled to vote in a particular constituency or locality, drawn
up and kept up to date by the competent authority under the applicable electoral law of the Member State or the po pu lat ion regi
ster wh ere such register indicates eligibility to vote;
"European Parliament" means the European Parliament referred to in the Treaty;
"European Union" means the European Union referred to in the
Treaty;
"European Union Electoral Register" means the register of voters kept in accordance with articles 11 to 14;
"Home Me mber St ate" me ans th e Me mber St ate of which a person is a national;
"Member S t ate" me ans a S t ate which is a member of the
European Union;
"the Treaty" has the same meaning assigned to it in article 2 of the European Union Act.
Short title. Interpretation.
Cap. 354.
Cap. 460.
Election of members of the European Parliament in Malta.
Number of members of the European Parliament.
Date and time of elections.
(2) Voting shall start at 7.00 a.m. and close at 10.00 p.m.
Electoral Commission to conduct elections etc.
Method of
Election.
Malta to constitute one electoral division.
Election Notice. 9. At least thirty five-days before the day fixed for election of Members of the European Parliament, the Electoral Commission shall issue and publish in the Gazette a notice in the form set out in the First Schedule.
Persons entitled to vote.
Qualifications for voters in the European Union Electoral Register.
Cap. 258.
(a) he is a national of a Member State whose name does not appear in the Electoral Register; and
(b) he is requested to be, and is, in possession of an identity card in accordance with the Identity Card Act; and
(c) he fulfils the requirements listed in article 57(b) and
(c) of the Constitution:
residence in any Member State shall be deemed to be residence in Malta;
(d) he declares that he will exercise his right to vote for election of members of the European Parliament in Malta only; and
(e) he has not been deprived of the right to vote in his
Home Member State,
and unless he satisfies the requirements of paragraphs (a) to (e)
above shall not be so qualified.
European Union Electoral Register if -
(a) he is interdicted or incapacitated for any mental infirmity by a court in a Member State or is otherwise determined in
a Member State to be of unsound mind;
(b) he is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by a court in
a Member State or substituted by competent authority for some other sentence imposed on him by such court, or is under such a sentence
of imprisonment the execution of which has been suspended; or
(c) he is disqualified for registration as a voter by or under any law in Malta by reason of his having been convicted of
any offence connected with the election of members of the House of Representatives, members of Local Councils or members
of the European Parliament.
(2) The provisions of the General Elections Act relating to the publication and correction of, and the striking off of names from, the Electoral Register shall unless otherwise provided
in this Act apply in relation to the European Union Electoral Register.
(3) A Maltese national who is registered in the European Union Electoral Register who is qualified to be registered in the Electoral
Register shall have his name cancelled from the European Union Electoral Register upon being registered in the Electoral Register.
(4) A Maltese national who for any reason has his name struck off the Electoral Register but who is qualified to be registered
in the European Union Electoral Register shall, on his name being struck off from the Electoral Register, be registered in the European
Union Electoral Register.
Disqualification of voters in the European Union Electoral Register.
Publication of European Union Electoral Register.
Cap. 254.
Registration in the European Union Electoral Register.
(a) that he is resident in Malta; (b) his nationality;
(c) the date on which he took up residence in Malta or in any other Member State;
(d) his address in Malta;’
(e) the locality or constituency in his Home Member State or any other Member State, if any, on the Electoral Roll of which his name
was last registered;
(f) that he will exercise his right to vote in Malta only;
(g) that he has not been deprived of his right to vote in his
Home Member State;
and he produces to the said Commission a valid identity document: So however that the Electoral Commission shall have the
right, whenever it deems it so opportune, to require a person whose name appears in the European Union Electoral Register to make
a fresh declaration as herein above provided.
(2) Where a person satisfies the requirements of subarticle (1), the Electoral Commission shall enter his name in the European
Union Electoral Register if it is satisfied that he is so qualified in accordance with article 11.
Exchange of information in connection with registration of voters.
(2) The Electoral Commission shall verify the contents of sim ilar d eclar ations m ad e to th e co mpetent author ities
in other M e mber S t a t es and shall commu nicate to them any relevant information in its possession.
(3) Information exchanged in terms of this article shall be provided in good time and in an appropriate form and manner
and m a y only include details that ar e strictly necessary for the implementation of the provisions of this article and may only
be used for such purposes.
Deregistration from European Union Electoral Register.
Elimination of double voting. Amended by:
L.N. 427 of 2007.
(2) Any person who acts in contravention of the provisions of subarti c le (1) sh all be guilty of an of fence and shall
upon
or to a fine (multa) of not more than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73) or to both such
fine and imprisonment.
(3) For the purpose of ensuring compliance with subarticle (1) the Electoral Commission shall, sufficiently in advance of the day
fixed for voting , in form the com p etent aut hori t y in the Hom e Member State of any person listed in the European Union Electoral
Register who has opted to cast his vote in Malta.
(4) Where the Electoral Commission received information from the competent authority of another Member State that a person, whose
name is entered in the Electoral Register or the European Union Electoral Register, has been registered in the Electoral Roll of
such state, it shall for the purposes of the election of members of the European Parliament strike off that person’s name from
the Electoral Register, or the European Union Electoral Register, as the case may be.
Provided that public officers or any class or classes thereof may be restricted from standing for election as members of the European Parliament by the Public Service Management Code or such other regulations, rules or norms applicable from time to time to the Public Service.
Persons qualified to stand for elections.
(a) he is a member of any disciplined force as defined in article 47(1) of the Constitution or of a corresponding force of another
Member State;
(b) he holds any office the functions of which involve any responsibility for or in connection with the conduct of elections of members
of the European Parliament or the compilation or revision of any Electoral Roll;
(c) he is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force;
(d) he is interdicted or incapacitated for any mental infirmity or for prodigality by a court or is otherwise determined to
be of unsound mind;
(e) he is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by a court in
a Member State or is under such a sentence of imprisonment the execution of which has been suspended;
(f) he is a member of the judiciary;
(g) he has been disqualified for standing for the election
Persons not qualified to stand for election.
Incompatibility of certain officers.
Cap. 363.
of members of the European Parliament in terms of any law in force;
(h) he is standing as a candidate for the election of members of the European Parliament in the same election in
another Member State.
(2) The office of member of the European Parliament shall be incompatible with that of member of the House of Representatives or
of member of a Local Council under the Local Councils Act or of any other similar institution or organ in another Member State, and where a person who holds one of the said offices is elected
to a second such office that person shall, within five working days of the publication of the results of the election to such second
office, renounce one of these offices:
Provided that where a person fails to renounce one of these offices within the said term o f fi ve workin g days, he shall be deemed
to have renounced the office of member of the European Parliament.
Provisions with regard to candidate registered in the European Union Electoral Register.
(2) A candidate whose name appears in the European Union Electoral Register and who is not a M altese n atio nal shall also produce
to the Electoral Commi s s ion a declaration from the competent authority of his Home Member State certifying that he has not, otherwise
than because of his having been registered in the European Union Electoral Register, been deprived of the right to stand for e
l ection in that Me mber S t ate or that no s u ch disqualification is known to that authority.
(3) The Electoral Commission shall notify the competent authority of the Home Member State of the declarations made in accordance
with subarticle (1) for the sole purpose of verifying the contents thereof and if upon information received from the Home Member
State it results that the contents of the declaration are not true, the Electoral Commission shall not register the person as a candidate,
or if he is already registered, shall strike off his name from the list of candidates:
Provided that such striking off is effected before the ballot papers are printed:
Provided further that with respect to any such person who is a Maltese national the provisions of this subarticle shall apply as if
any reference therein to Home Member State were a reference to the last Member State in which such person resided before taking up
residence in Malta.
(4) The Electoral Commission shall verify similar declarations notified to it by the competent authority of other Member States
and shal l supply such competent aut horities wit h the rel e vant information.
(5) Information exchanged in terms of this article shall be provided in good time and in an appropriate manner and may
only include details that are strictly necessary for the implementation of the provisions of this article and m a y only be issued
for such purpose.
21. (1) Save as otherwise provided in the Second Schedule an d sav e where such pro v isions are incom p atibl e with t h e provisions
of this Act, the provisions of the General Elections Act and of the Electoral Polling Ordinance shall apply to the conduct of elections, and to the counting of votes in elections, of members of the European Parliament.
(2) The Electoral Commission may, from time to time, issue directives interpreting as may be necessary the provisions of the Gene
ral E lections Act and of the Elec toral Polling O r dinance in their applicatio n to the election of memb ers of the Europ e an Parliament under this Act. Such directives shall be immediately
applicable and shall be published in the Gazette in the shortest time practicable.
(3) (a) The counting of votes shall commence at noon of the Sunday following the day of voting or at such other time or day as the Prime
Minister may by notice in the Gazette from time to time establish.
(b) The Electoral Commissioner shall ensure that the result of the first count of votes is not officially made known until after the
close of polling in all Member States.
(4) The Prime Minister may by regulations under this subarticle establish the maximum expenses that may be incurred
by a candidate at an election of members of the European Parliament or his election agent whether before, during, or after an election
on account of or in respect of the conduct of such election.
Conduct of
Elections.
Cap. 354. Cap. 102.
Provided that where a vacancy is to be filled by means of co-option, that co-option shall be made by the House of Representatives from among the candidates who had contested the same election.
Filling of vacancies.
Scope of this Act.
FIRST SCHEDULE
(Article 9)
Form of Notice by the Electoral Commission.
The Electoral Commission established in terms of article 60 of the Constitution hereby notifies that in virtue of the provision of
the European Parliament Elections Act, an election is being held on Saturday, ................................... .
Amended by:
L.N. 427 of 2007.
SECOND SCHEDULE
(Article 21)
Provisions Regulating the Conduct of Elections of Members to the European
Parliament
1. Application of the General Elections Act, Cap. 354.
The General Elections Act, including the Schedules attached thereto and any regulations made thereunder, shall apply to the election
of members of the European Parliament as if:
(a) unless otherwise determined by the Electoral Commission because of their context, references therein to election, general election
or election of the members of the House of Representatives were references to elections of the members to the European Parliament;
(b) unless otherwise determined by the Electoral Commission because of their context, references therein to candidates were
a reference to candidates for election as members to the European Parliament;
(c) unless otherwise determined by the Electoral Commission because of their context, references therein to the transfer of the
registration of a voter in Part II thereof include the transfer of registrations between the Electoral Register and the European
Union Electoral Register and vice- versa;
(d) unless otherwise determined by the Electoral Commission because of their context, references therein to divisions or electoral
divisions were references to the territory of Malta as a single electoral division under this Act;
(e) unless otherwise determined by the Electoral Commission because of their context, references therein to the Electoral
Register were references to the European Union Electoral Register, or according to the context, also to the European Union Electoral
Register;
(f) unless otherwise determined by the Electoral Commission because of their context, references therein to voters and registered
voters include voters registered in the European Union Electoral Register;
(g) the number of district agents to be nominated by each political party in terms of article 61A(1) thereof was a number equal to
the number of electoral divisions in which Malta was divided in the last general election held immediately before the
holding of the election of members of the European Parliament;
(h) the number of counting agents to be nominated by the political parties in terms of article 89(2) thereof was such number as is
equal to the number of counters being used by the Electoral Commission at the time in question;
(i) reference to the Writ therein were a reference to the Notice issued by the
Electoral Commission in terms of article 9 of this Act;
(j) articles 15 to 18, 77(2), 103, 104(2) to 104(4), and 109 thereof were deleted; and
(k) in the Thirteenth Schedule thereto all references to the transfer of votes between divisions were deleted.
2. Application of the Electoral Polling Ordinance, Cap. 102.
The Electoral Polling Ordinance shall apply to the election of members of the European Parliament as if the references therein to
election and election of the House of Representatives were referen ces to th e ele c tio n o f mem b er s of t h e European Parliament:
Provided that for the purposes of elections of members of the European Parliament the reference to one thousand and four hundred
euro (€1,400) and seven thousand euro (€7,000) in article 46 thereof were a reference to such sum as the Prime Minister may from
time to time establish under 21(4) of this Act.
WorldLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.worldlii.org/mt/legis/laws/epea467c426