Law on the election of Members of the European Parliament from the Federal Republic of Germany (European Elections Act-EuWG)

Unofficial table of contents

EuWG

Date of completion: 16.06.1978

Full quote:

" European Elections Act, as amended by the Notice of 8 March 1994 (BGBl. 423, 555), as last amended by Article 1 of the Law of 7. October 2013 (BGBl. 3749).

Status:	New by Bek. 8. 3.1994 I 423, 555;
	Last amended by Art. 1 G v. 7.10.2013 I 3749

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof validity: 22.  6.1978 + + +) 

  

First section
Election of Members of the European Parliament from the Federal Republic of Germany

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§ 1 General Electoral Principles

96 Members of the European Parliament are responsible for the Federal Republic of Germany. They shall be elected in a general, direct, free, equal and secret ballot for five years. Unofficial table of contents

§ 2 electoral system, seat distribution

(1) Election shall be made in accordance with the principles of proportional representation with list-selection proposals. List nominations can be drawn up for a country or a common list for all countries. Each voter shall have one vote. (2) The votes cast for each nomination shall be counted together for the distribution of seats. Lists for individual countries of the same eligible nomination shall be deemed to be connected unless it is stated that one or more of the lists involved shall be excluded from the list. Linked lists shall be deemed to be an election proposal in relation to the other nominations for the distribution of seats in relation to the other nominations. (3) The seats to be filled shall be distributed to the nominations as follows. Each nomination shall receive as many seats as the allocation divisor after the division of its total votes in the electoral area. Number fractions less than 0.5 shall be rounded down to the whole number below, and those above 0,5 shall be rounded up to the whole number above. Fractions of a number equal to 0.5 shall be rounded or rounded in such a way that the total number of seats to be filled shall be respected; if there are several possible seats, the lot to be drawn by the Federal Returning Officer shall be decided. The allocation divisor is to be determined in such a way that the number of seats on the Land lists as many as seats are to be allocated as a whole. To this end, the total number of votes that have received all the nominations to be taken into account shall be divided by the total number of seats. If, after that, more seats are to be allocated to the nominations, the allocation divisor shall be set up in such a way that the number of seats to be allocated is obtained in the calculation; the number of seats shall not be less than the number of nominations, the number of seats to be allocated shall be the number of seats to be allocated. (4) In the distribution of the seats referred to in paragraph 3, an election proposal, which accounts for more than half of the total number of votes of all the nominations to be taken into account, shall not be deemed to be more than the By way of derogation from the second sentence of paragraph 3, half of the seats to be awarded shall be further seats , except that a seat is allocated to more than half of the seats to be transferred. The remaining seats to be awarded shall be allocated to the other nominations in accordance with the second sentence of paragraph 3. (5) The seats to be allocated to the nominations shall be filled in the order in which they are presented. Candidates who are elected on two lists for individual countries (Article 9 (3), second sentence) shall not be included on the list on which they are appointed at a later point; in the case of nominations on the lists in the same place, the decision shall be taken by the Commission on the list of candidates for the list of candidates. Federal Returning Officer to draw lots, on which list they are elected. If there is no more seats on a nomination, the seats shall remain vacant. (6) The seats to be allocated to a list shall be allocated to the lists for each country in accordance with the second sentence of the second sentence of paragraph 3. distributed. Paragraph 5 shall apply accordingly. (7) In the case of the distribution of the seats to the nominations, only proposals for election which have received at least 3 per cent of the valid votes cast in the electoral area shall be taken into account.

Footnote

Section 2 (7): IdF d. Art. 1 No. 2 Buchst. d G v. 7.10.2013 I 3749 mWv 10.10.2013; violates Art. 3 (1) GG (100-1) and is therefore void in accordance with Article 3 (1) GG (100-1). BvE 6/13, 2 BvE 7/13, 2 BvE 8/13, 2 BvE 9/13, 2 BvE 10/13, 2 BvE 12/13, 2 BvR 2220/13, 2 BvR 2221/13, 2 BvR 2238/13, 2 BvE 12/13, 2 BvE 10/13, 2 BvE 12/13, 2 BvE 10/13, 2 BvE 12/13, 2 BvE 10/13, 2 BvE 12/13, 2 BvE 10/13, 2 BvE 12/13, 2 BvE 10/13, 2 Bv Unofficial table of contents

§ 3 Outline of the electoral area

(1) Electoral territory is the territory of the Federal Republic of Germany. (2) The electoral area shall be divided into constituencies for the voting. Unofficial table of contents

§ 4 Validate of the Federal Elections Act

Unless otherwise provided in this Act, the provisions of sections two to seven of the Federal Elections Act shall apply to the election of the Members of Parliament.

the electoral bodies, the right to vote, the preparation of the election, the electoral process, the determination of the election result and the elections and repeat elections, as well as the provisions of Section 49a of the Federal Elections Act on Administrative Offences and the provision of the § 54 of the Federal Elections Act on deadlines and dates in the respectively applicable version accordingly.

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Section 5 Electoral bodies

(1) Electoral bodies are

-

the Federal Returning Officer and the Federal Electoral Committee for the electoral area,

-

a Land returning officer and a Land Electoral Committee for each country,

-

a constituency returning officer and a constituency electoral committee for each county, and for each county-free city, a city returning officer and a municipal election committee,

-

an electoral head and an electoral head for each constituency and

-

at least one electoral head and one electoral head for each county and for each county-free city to determine the results of the letter. The constituency returning officer or the town returning officer shall determine how many postal ballot heads are to be made in order to be able to determine the result of the postal ballot on the election day.

(2) In order to establish the result of the postal ballot, electoral officers and electoral officers may be used for each circle for individual or several district municipalities; the order shall be taken by the Land Government or by the authorities of the Land concerned. (3) The electoral board shall consist of the head of the electoral board as chairman, his deputy and other three to seven persons entitled to vote by the head of the electoral board; the state government or the body designated by it may be a member of the electoral board. Arrange for the municipal authority to be the co-sitters of the electoral board and the The district returning officer or the town returning officer, in the case of an order referred to in paragraph 2, the municipal authority, the members of the electoral board for the purpose of determining the result of the postal ballot alone or in agreement with the electoral board. In the case of the appointment of the members, the parties represented in the respective district must be taken into consideration as far as possible. (4) Section 49 (a) (3) of the Federal Elections Act applies accordingly, with the proviso that the administrative authority within the meaning of section 36 (1) (1) of the Federal Elections Act shall apply. Law on Administrative Offences of the City returning officers is, if an elector elects the office of an electoral officer, deputy electoral officer or a co-sitter in the electoral board or in the city election committee of a district-free city unauthorised , or without sufficient apology, to fulfil the duties of such office . Unofficial table of contents

§ 6 Electoral law, exercise of the right to vote

(1) All Germans shall be entitled to vote within the meaning of Article 116 (1) of the Basic Law, which shall be held on the election day.

1.

have completed the eighteenth year of life,

2.

for at least three months

a)

in the Federal Republic of Germany or

b)

in the other Member States of the European Union

hold an apartment or usually stay in a habit,

3.

are not excluded from the right to vote in accordance with Section 6a (1).

The conditions laid down in the first sentence of the first sentence of the Federal Elections Act are also fulfilled in the case of a consecutive three-month stay in the territories referred to in the first sentence of sentence 1 (2) (a) and (b). (2) (3) All nationals of the other Member States of the European Union (citizens of the Union) who hold an apartment in the Federal Republic of Germany or are otherwise usually entitled to vote are also entitled to vote in the German Bundestag. and those on election days

1.

have completed the eighteenth year of life,

2.

for at least three months

a)

in the Federal Republic of Germany or

b)

in the other Member States of the European Union

hold an apartment or usually stay in a habit,

3.

are not excluded from the right to vote in accordance with Section 6a (2).

The conditions laid down in the first sentence of the first sentence shall also be fulfilled for a consecutive three-month stay in the territories referred to in the first sentence of sentence 1 (2) (a) and (b). (4) The right to vote may be exercised only once and only in person. This also applies to persons entitled to vote who are also entitled to vote in another Member State of the European Union to the European Parliament. (5) Those who have a polling card can vote in the district or in the county-free city, in which the the polling card is issued,

a)

by voting in any electoral district, or

b)

by postal ballot

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§ 6a Exclusion of the right to vote

(1) A German is excluded from the right to vote if:

1.

it does not have the right to vote as a result of the right to vote,

2.

for all his affairs a supervisor is not only ordered by an injunction; this also applies if the task circle of the supervisor is the matters referred to in § 1896 para. 4 and § 1905 of the German Civil Code not covered,

3.

he is in a psychiatric hospital on the basis of an order pursuant to § 63 in connection with § 20 of the Penal Code.

(2) A citizen of the Union shall be excluded from the right to vote if:

1.

is satisfied with one of the conditions set out in paragraph 1 (1) to (3); or

2.

in the Member State of the European Union of which he is a national (the Member State of origin), he or she does not have the right to vote on the European Parliament as a result of a case-by-case decision in civil or criminal matters.

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§ 6b Eligibility

(1) It is possible to choose who on election day

1.

Is German within the meaning of Article 116 (1) of the Basic Law and

2.

The eighteenth year of life has been completed.

(2) A citizen of the Union who holds an apartment in the Federal Republic of Germany or who otherwise habituates in the Federal Republic of Germany is also eligible to be eligible to vote on the election day.

1.

is a national of a Member State of the European Union; and

2.

The eighteenth year of life has been completed.

(3) Not eligible is a German who

1.

is excluded from the right to vote pursuant to Section 6a (1)

2.

as a result of judicial proceedings, the eligibility or the ability to hold public office does not have any eligibility.

(4) A citizen of the Union shall not be eligible to:

1.

is excluded from the right to vote in the Federal Republic of Germany pursuant to Section 6a (2) (1),

2.

is excluded from the right to vote in the Member State of origin in accordance with Section 6a (2) (2),

3.

in the case of the right of appeal in the Federal Republic of Germany, the eligibility or the ability to hold public office does not possess, or

4.

as a result of a case-by-case decision within the meaning of Article 6 (1) of Council Directive 93 /109/EC of 6 December 1993 laying down detailed rules for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens Residing in a Member State of which they are not nationals (OJ L 327, 30.4.2004 34), which was last amended by Directive 2013 /1/EU (OJ L 327, 30.12.2013, p. 27), the eligibility for eligibility in the Member State of origin is not.

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§ 6c Prohibition of multiple applications for election

No one can apply for election at the same time in the Federal Republic of Germany and in another Member State of the European Union. Unofficial table of contents

§ 7 Election Day

The Federal Government shall determine, in accordance with the setting of the voting time by the Council of the European Union, and within the framework of the elections to the members of the European Union by direct universal suffrage in Articles 10 and 11 of the Act Parliament (BGBl. 733), as last amended by the Decision of the Council of the European Communities of 25 June 2002 and 23 September 2002 (BGBl I). 810), set the date of the main election day (election day). The election day shall be published in the Federal Law Gazan. Unofficial table of contents

Section 8 Electoral proposal

(1) Election proposals may be made in accordance with the provisions of Section 9 (5) of the Parties and other associations organised by the parties, with participation in the formation of political will and participation in representatives of representatives of the people, with seat, Management, activity and membership in the territories of the Member States of the European Union (other political associations). (2) A party or any other political association may either have lists for individual members of the European Union. Countries, in each country, only one list, or a common list for all countries . The decision on the submission of a common list for all countries or lists for individual countries shall be taken by the Executive Board of the Federal Association or, if a federation does not exist, the bureau of the next-low territorial associations in the Electoral area together, or another body provided for in the Statute of the eligible nomination for this purpose. Unofficial table of contents

§ 9 Content and form of election proposals

(1) Elections proposed by parties must include the name of the party involved and, if a short name is used, also these. Nominations from other political associations shall include their names and, if they use a password, also the same. A party may attach the name and abbreviation of its European association and any other political association to the name and the short name of its member association in the electoral area. (2) In the nomination, the names of the candidates must be listed in a recognizable order. In addition to each applicant, a substitute candidate can be listed. (3) A German can only be named as an applicant or a substitute candidate in an election proposal if he is not simultaneously in another Member State of the European Union as Applicant is named. An applicant or substitute candidate in a common list for all countries can only be named in an election proposal; in doing so, an applicant can be named at the same time as a substitute candidate. An applicant in a list for a country may also be named as an applicant in a list of the same eligible nominee for another country, provided that he is nominated only in a nomination, he may also be appointed as a substitute candidate in that nomination. to be named. A substitute candidate cannot be named in an election proposal several times as such. Applicants and substitute candidates can only be proposed if they have given their consent in writing; the consent is irrevocable. (4) Lists for individual countries of parties must be made by the boards of the national associations or, if: National associations do not exist, signed by the boards of the nearest regional associations which are located in the area of the country. Common lists for all countries must be signed by the boards of the federal federations of the parties or, if federal associations do not exist, the boards of the next-lowest territorial associations that are in the electoral area. Sentences 1 and 2 shall also apply mutamatters to nominations of other political associations. (5) Lists for individual countries of parties and other political associations not in the European Parliament, in the German Bundestag or in any other political group. In addition, in the last election, on the basis of their own nominations, on the basis of their own nominations, on the basis of their last election, at least five members of the European Parliament shall be represented, and 1 of the thousand of the eligible voters of the country concerned shall also be European Parliament, but not more than 2 000 persons entitled to vote, in person and Signed by hand. Common lists for all countries of eligible nominees within the meaning of the first sentence must also be signed in person and in hand by 4 000 persons entitled to vote. The right to vote must be given at the time of signature and must be proved when the election proposal is submitted. (6) Each nomination shall be called a confidential person and a deputy confidant. In the absence of this name, the person who signed the first shall be deemed to be a confidant and the person who signed it as a second person shall be deemed to be a deputy confidant. Unofficial table of contents

Section 10 List of nominations

(1) As an applicant or as a substitute candidate, only those who are not members of another party and in a special or general representative assembly of the party or in a general meeting of the party to the election of the party may be nominated in an election proposal. (2) Special Representative Assembly is an assembly of party representatives elected for the preparation of the candidates. General Assembly of Representatives is a meeting of party representatives elected in general for upcoming elections according to the statutes of the party. The representatives in the special or general assembly of representatives must have been elected directly from the centre of one or more general meetings or from the centre of representatives ' meetings, which in turn are either from the centre from one or more general meetings or from the middle of one or more representatives ' meetings between them. General Assembly for the election of candidates for a common list for all countries and the representative for a representative assembly is a meeting of the members of the party who at the time of their meeting to the European Parliament shall be entitled to vote. The General Assembly for the election of candidates for a list for a country and the representative of a representative assembly shall be a meeting of the members of the party who, at the time of their meeting in the country concerned, irrespective of (3) The representatives of the representatives ' meetings and the candidates shall be elected by secret ballot; this shall also apply in order to determine the order in which the Candidates in the nomination. Everyone entitled to vote in the Assembly shall be entitled to the proposal. The application shall be given the opportunity to present itself and its programme to the Assembly in an appropriate period of time. The elections of the representatives of the representatives ' meetings may not be carried out earlier than twelve months, the election of the candidates not earlier than nine months before the beginning of the year in which the election of the European Parliament is pending. (4) The The Executive Board of the Federal Association or, if a federation does not exist, the bureau of the next-low territorial associations in the electoral area jointly, or another authority provided for this in the statutes of the party for this purpose, may oppose the decision of a Members 'or representatives' meeting on the application of the applicant for a joint List for all countries objection. In the event of a decision by a member or representative assembly on the list of candidates for a list for a country, the bureau of the national association or, if national associations do not exist, the bureau of the next-lowest territorial associations, which are situated in the territory of the country, jointly or another body designated for this purpose in the statutes of the Party. Such an objection shall be repeated. Your result is final. (5) The details of the election of the representatives for the representatives 'meetings, on the convening and quorum of the members' meetings and on the procedure for the election of the candidates, shall be governed by the following: (6) The Assembly for the preparation of the election proposal is a record containing information on the place and time of the Assembly, the form of invitation, the number of members or representatives and the outcome of the election. It shall be made by the Head of the Assembly and two by the latter. (7) paragraphs 1 to 6 shall apply mutatily to other political associations. Unofficial table of contents

Section 11 Submission of nominations, declaration on the connection of lists for individual countries

(1) Lists for a country and common lists for all countries must be submitted to the Federal Returning Officer in writing at the latest on the three-and-a-half days before the election until 6 p.m. (2) The election proposal shall be submitted to the Federal Returning Officer:

1.

the declarations of consent of the candidates and substitute candidates included in the nomination (Article 9 (3) sentence 4),

1a.

for Germans, the certificates issued by the competent municipal authorities on the eligibility of the proposed candidates and substitute candidates,

1b.

for citizens of the Union, the certificates issued by the competent German municipal authorities, that they hold an apartment there or have their other habitual residence, and are not excluded from eligibility under Section 6b (4) (1) or (3);

1c.

for citizens of the Union, insurance in lieu of nationality, date of birth and place of birth, last address in the Member State of origin, the address in the Federal Republic of Germany, the local authority or the The constituency of the Member State of origin in which they were last registered and the fact that they are not simultaneously applying for election in another Member State of the European Union and that they are not in the Member State of origin of the Member State of origin of the Member State of origin. Eligibility are excluded (Section 6b (4) (2) and (4)),

1d.

(dropped)

2.

a copy of the minutes of the election proposal (section 10 (6)), whereby the head of the assembly and two of the participants appointed by the latter to the head of the election shall take the oath to ensure that the requirements laid down in § 10 (3) sentences 1 to 3 have been complied with,

3.

in the cases referred to in Article 9 (5), the required valid signatures, with proof of the right to vote of the signatories,

4.

the written statutes, the programme, the names and addresses of the members of the Management Board (section 9 (4)) and the proof that the members of the board are democratically elected, unless the party or other political association is elected in the European Parliament, the German Bundestag or a Land parliament since the last election, on the basis of their own election proposals in the electoral area, is represented without interruption by at least five Members.

The Federal Returning Officer is responsible for the acceptance of insurance in lieu of Eides; he is considered to be an authority within the meaning of Section 156 of the Criminal Code. § 27 of the Administrative Procedures Act applies to the inclusion of the insurance in lieu of the Eides. (3) Should a list be excluded from the list, or if several lists for individual countries are to be excluded from the list connection (§ 2 para. 2 sentence 2), the Confidential person of the election proposal and the deputy confidant to inform the Federal Returning Officer by means of a joint written declaration no later than the three-and-a-half days prior to the election until 6 p.m. Unofficial table of contents

Section 12 Amendment and withdrawal of nominations

(1) An election proposal may only be amended after the deadline for submission of a nomination by a joint written declaration of the confidential person and the deputy confidant, and only if an applicant or a substitute candidate dies or the Electability loses. The procedure in accordance with § 10 does not need to be complied with; the signatures in accordance with § 9 para. 5 do not require it. After the decision on the approval of an election proposal (§ 14), any amendment is excluded. (2) An election proposal may be withdrawn by joint written declaration of the trust person and the deputy confidanceperson as long as it is not decided on its admission (§ 14). In the cases referred to in Article 9 (5), the majority of signatories may also withdraw the nomination by means of a declaration made by them in person and by hand. (3) If an applicant has been admitted to the electoral proposal, but before the If a candidate dies or loses eligibility, he/she shall replace the substitute candidate, if he/she is named for him. Unofficial table of contents

§ 13 Elimination of defects

(1) The Federal Returning Officer shall examine the nominations immediately after receipt of the nominations. If he finds defects in a nomination, he immediately notifies the person of the nomination of the election proposal and asks them to remedy any recoverable defects in good time. (2) After the deadline for submission of the election, only defects in themselves can be found. valid election proposals will be fixed. A valid nomination is not available if:

1.

the name of the nomination for the nomination referred to in section 9 (1) is missing,

2.

the valid signatures required in accordance with Article 9 (4) and (5) shall be missing from the proof of the signatories ' right to vote in accordance with paragraph 5 of this provision, unless proof may be made as a result of circumstances not eligible for the nomination of the nomination has not been presented in good time,

3.

the form or time-limit required pursuant to Article 11 (1) is not respected;

4.

the minutes, insurance or documents required under Section 11 (2) (1), (1a), (1b), (1c), (2) and (4) are not submitted or are submitted.

(3) After the decision on the admission of an election proposal (§ 14), any removal of defects shall be excluded. (4) The confidant of the electoral proposal may oppose orders of the Federal Returning Officer in the defect removal procedure. Call the Federal Electoral Committee. Unofficial table of contents

§ 14 Approval of nominations, decision on the connection of lists for individual countries

(1) The Federal Electoral Committee shall make a binding decision on all the conditions for the approval of the lists for individual countries and of the common lists for all countries on the seventy-seventh day before the election for all electoral bodies. At the meeting, the confidants of the election proposals are to be charged. (2) The Federal Electoral Committee has to reject election proposals if it

1.

late have been submitted, or

2.

do not comply with the requirements laid down by this Act and by the electoral system adopted for this purpose, unless otherwise specified in those provisions.

If the requirements are not met only with regard to individual candidates or substitute candidates, their names shall be deleted from the nomination. If another Member State of the European Union shares the election assessment of a German in that Member State or in respect of one of its nationals, its missing right to vote (Section 6b (4) (2)) or its lack of eligibility (Section 6b) (4) in that Member State shall be deleted from the nomination of the Member State. Substitute candidates shall be replaced by a deleted candidate, provided that such a candidate is designated. Before the decision is taken, the members of the parties who have been informed of the nominations shall be heard. (3) The decision on the admission of nominations shall be announced at the meeting of the election committee. (4) The Federal Electoral Committee shall grant a decision to the election committee. If the nomination is rejected in whole or in part, a complaint may be lodged with the Federal Electoral Committee within four days of the announcement of the decision. The confidential person of the electoral proposal and the Federal Returning Officer shall be entitled to appeal. The Federal Returning Officer may also make a complaint against a decision by which an election proposal is allowed. The parties to the complaint are to be heard in the appeal proceedings. The decision on the appeal must be made no later than the fifty-second day before the election. (4a) As far as the Federal Electoral Committee rejects an election proposal due to a lack of a right to make the right to vote in accordance with Section 8 (1), a party or a party may be required to make a decision. Association shall lodge a complaint with the Federal Constitutional Court within four days of the announcement of the decision. The provisions of § § 96a to 96d of the Law on the Federal Constitutional Court shall apply mutatily with the exception of Section 96a (1). In the event of a complaint to the Federal Constitutional Court, the validity of the decision of the Federal Electoral Committee until a decision of the Federal Constitutional Court, at the latest until the end of the fifty-second day before the election, is inhibited; the The Federal Electoral Committee is entitled to remedy the complaint by amending its decision. (5) The Federal Returning Officer makes the approved nominations (lists for the individual countries and common lists for all countries) at the latest by the publicly known forty-eight days prior to the election. (6) The The Federal Electoral Committee shall decide on statements in accordance with Section 11 (3) of the Committee on the forty-second day before the election. The first sentence of paragraph 2 shall apply accordingly. The decision shall be announced at the meeting of the Federal Electoral Committee. Paragraph 4 shall apply accordingly. The Federal Returning Officer shall, in the context of his notice referred to in paragraph 5, make public the list connections and the lists for which a declaration pursuant to section 11 (3) has been made legally effective. Unofficial table of contents

§ 15 ballot paper

(1) The ballot papers and the corresponding envelopes for the postal ballot shall be officially produced for each country. (2) The ballot shall contain

1.

the heading 'Election of Members of the European Parliament',

2.

the names of the parties and, if they use a short name, these also, in the case of other political associations, their names and, if they use a password, also the name of the parties,

3.

the designation of the nominations as lists for individual countries or common lists for all countries and, for lists for individual countries, the indication of the country for which the nomination is drawn up, and

4.

the first ten candidates of the approved nominations with first and family names, occupation or status, place of residence (main residence) as well as candidates for common lists for all countries, in addition the abbreviation of the country in which the place of the apartment .

Section 9 (1) sentence 3 shall apply accordingly. (3) The order of the election proposals on the ballot papers shall be determined in each country by the number of votes cast by the parties and other political associations in the last election to the European Parliament. Parliament, with its electoral proposal in the country concerned, has reached its position. The other nominations shall be in alphabetical order of the names of the persons entitled to vote. Unofficial table of contents

Section 16 Voting

(1) Voting shall be made with official ballots. (2) The voter shall give his vote in such a way as to make it clear, by means of a cross on the ballot paper or in some other way, to which nomination it is to apply. The voter then folds the ballot in such a way that his ballot is not recognizable, and throws it into the ballot box. Unofficial table of contents

§ 17 Electoral Equipment

In order to facilitate the delivery and counting of the votes, voting machines may be used instead of ballot papers and ballot boxes, the design and use of which are permitted by the Federal Ministry of the Interior in accordance with the Federal Electoral Ordinance Ordinance. Unofficial table of contents

Section 18 Determination of the results of the election

(1) At the end of the electoral procedure, the electoral office shall determine the number of votes cast in the electoral district on the individual election proposals. The electoral council set up for the postal ballot determines the amount of votes cast by postal ballot on the individual election proposals. (2) The constituency and city election committees determine how much votes in the circles and circularly-free votes. Cities for the individual election proposals have been submitted. They have the right to check the findings of the electoral boards. (3) The Land Electoral Committees determine the number of votes cast in the Länder for the individual election proposals. (4) The Federal Electoral Committee notes how much Votes in favour of the individual election proposals as a whole have been cast, the number of seats allocated to each nominee's nominations and the number of candidates elected. Unofficial table of contents

§ 19 Notification of the selected candidates

The Federal Returning Officer notifies the chosen candidates and points out that, after the final determination of the result for the electoral area by the Federal Electoral Committee (Section 18 (4)), they shall notify the European Parliament of membership of the European Parliament. with the opening of the first meeting after the election. Unofficial table of contents

Section 20 Information on the results of the election

At the end of the statutory period (§ 19), the Federal Returning Officer shall immediately inform the President of the German Bundestag of the names of the candidates and substitute candidates elected to the European Parliament and remaining on the election proposals. The President of the German Bundestag shall immediately forward the result of the election to the President of the European Parliament without delay.

Second section
Acquisition and loss of membership of the European Parliament

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Section 21 Acquisition of membership in the European Parliament

(1) An elected applicant shall acquire the membership of the European Parliament after the conclusion of the election result for the electoral area by the Federal Electoral Committee (Section 18 (4)) with the opening of the first meeting of the European Parliament Parliament after the election. A rejection of the acquisition of the membership must be made in writing before the first meeting with the Federal Returning Officer. A declaration subject to reservation shall be deemed to be rejected. The declaration cannot be revoked. (2) In the case of a list succession (§ 24) or repeat election (§ 4 in conjunction with Section 44 of the Federal Elections Act), the membership of the European Parliament shall be subject to the time-limit and form-appropriate receipt of the the notification is obtained from the Federal Returning Officer, but not before the departure of the original elected member. If, by the end of the period, the list successor or by the election of a repeat election has no or no formal declaration, then the succession or election shall be deemed to have been accepted at that time. The provisions of the third and fourth sentences of paragraph 1 shall apply. Unofficial table of contents

Section 22 End and loss of membership in the European Parliament

(1) Membership of the European Parliament ends with the opening of the first sitting of the newly elected Parliament. (2) A Member loses the membership of the European Parliament.

1.

Invalidity of the acquisition of membership,

1a.

Lack of eligibility of a Union citizen on election day in the Member State of origin as a result of a case-by-case decision within the meaning of Article 6 (1) of Council Directive 93 /109/EC of 6 December 1993 laying down detailed rules for the exercise of the active and the right to 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 (OJ L 327, 30.4.2004 34), which was last amended by Directive 2013 /1/EU (OJ L 327, 30.12.2013, p. OJ L 26, 26.1.2013, p. 27),

2.

the redetermination of the results of the vote,

3.

(a) a condition of eligibility for eligibility;

4.

Renunciation

5.

Determination of the unconstitutionality of the party or the partial organisation of a party to which he belongs, by the Federal Constitutional Court in accordance with the second sentence of Article 21 (2) of the Basic Law,

6.

the final prohibition of the political union to which he belongs, in the electoral area;

7.

Acceptance of the election as Federal President,

8.

Appointment as judge of the Federal Constitutional Court,

9.

Appointment to the Parliamentary Secretary of State,

10.

Nomination of the German Bundestag conscription,

11.

Appointment as Federal Commissioner for Data Protection,

11a.

(dropped)

12.

Acceptance of the election or appointment as a member of a Land government,

13.

An appeal to one of the persons referred to in Article 7 (1) or (2) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage (BGBl. 733), as last amended by the Decision of the Council of the European Communities of 25 June 2002 and 23 September 2002 (BGBl). 810), the functions mentioned above,

14.

Appeal to a function which is incompatible with the membership of the European Parliament in accordance with other statutory provisions, and

15.

Takeover of the Office of the Head of State, a judge of the Constitutional Court, the member of a government comparable to a German state government, and the takeover of the one Parliamentary State Secretary in the Federal Republic of Germany Germany comparable office in another Member State of the European Union.

(3) The renunciation shall be effective only if it is a copy of the President of the European Parliament, of a notary who has its head office in the Federal Republic of Germany, or of a staff member who is authorised to take account of a document of a document. Foreign representation of the Federal Republic of Germany is explained. The Member of the European Parliament shall forward the notarial or diplomatic mission statement to the President of the European Parliament. The waiver cannot be revoked. The Federal Returning Officer must be informed of the waiter by sending a copy of the wait declaration. (4) If a party or the partial organization of a party is to be held by the Federal Constitutional Court in accordance with Article 21 (2) sentence 2 of the Basic law declared unconstitutional, Members lose their membership of the European Parliament and the list successor, if they do so in the time between the application (§ 43 of the Law on the Federal Constitutional Court) and of the proclamation of the Decision (§ 46 of the Law on the Federal Constitutional Court). The seats of these members remain vacant. (5) Paragraph 4 applies accordingly if another political union has been legally prohibited under the electoral law in the electoral area. Unofficial table of contents

Section 23 Decision on the loss of membership

(1) The loss of membership in accordance with section 22 (2) shall be decided upon

1.

in the case of point 1 in the electoral procedure,

2.

in the case of numbers 1a, 2, 5, 6, 14 and 15 by the Council of Elders of the German Bundestag,

3.

in the case of point 3, where the loss of eligibility has occurred by means of a final right of judgment, by decision of the Council of Elders of the German Bundestag, otherwise in the electoral examination procedure,

4.

in the case of paragraphs 7 to 12 by the President of the German Bundestag,

5.

in the case of points 4 and 13 of the European Parliament, by establishing the vacancy of the seat.

(2) If a decision is taken on the loss of membership in the electoral procedure, the Member shall leave the European Parliament with the legal force of the decision. (3) The Elder's Council or the President of the German Bundestag (Bundestag) on the loss of membership, the Member of Parliament shall leave the European Parliament with the notification of the decision. The decision shall be taken immediately by its own motion. Within two weeks of the notification of the decision, the person concerned may request the decision of the German Bundestag on the loss of membership in the electoral examination procedure. Delivery shall be carried out in accordance with the provisions of the Administrative Delivery Act. (4) If the European Parliament decides on the loss of membership, the Member of the European Parliament shall depart from the decision on the vacancy of the seat. from the European Parliament. (5) The President of the German Bundestag shall immediately inform the President of the European Parliament of the reason and timing of the loss of membership, if that is the case in the electoral review procedure or by the Elders ' Council or the President of the German Bundestag has been decided. Unofficial table of contents

§ 24 The appointment of list-after-followers

(1) If an elected candidate dies or the Federal Returning Officer declares the rejection of the election in writing or if a Member dies or otherwise leaves the European Parliament subsequently, the seat shall be replaced by his substitute candidate . If a substitute applicant is not named or if he/she has previously been excreted or if he/she cedes later, the seat shall be filled by the next applicant who has not been declared elected by the nomination for which the candidate is elected at the time of the election has occurred. In the case of succession, those candidates and substitute candidates who have been eliminated from this party or political association since the date of preparation of the election proposal remain unaccounted for, or who have been a member of another party or political party. Union has become. No account is taken of alternative candidates who, as elected candidates, have rejected their choice or who have waived their membership of the European Parliament as Members of Parliament. If the list is exhausted, the seat shall remain vacant. (2) A candidate who has not yet been declared elected or a substitute applicant shall lose his or her eligibility as a successor in the list if he declares his/her waiver in writing to the Federal Returning Officer. The renunciation cannot be revoked. (3) The determination of who enters as a list successor meets the Federal Returning Officer. § § 20 and 21 shall apply accordingly. He notifies the successor to the list and asks him to explain in writing within a week whether he/she accepts the succession.

Third Section
Final provisions

Unofficial table of contents

Section 25 Election Costs, Electoral Regulations

(1) § 50 of the Federal Elections Act applies accordingly. (2) The Federal Ministry of the Interior shall issue an electoral system for the implementation of this Act by means of a decree law which does not require the consent of the Bundesrat. It is hereby authorized to declare the Federal Electoral Regulations and the Federal Electoral Regulations Regulation applicable accordingly and to adopt special provisions in the electoral regulations, in particular on:

1.

the electoral bodies,

2.

the preparation of the election, including the content and form of the election proposals, together with the accompanying documents, their submission, review, rectification and authorisation, and the form and content of the ballot and the election envelope;

3.

the voter turnout of persons entitled to vote who live in the territories of the other Member States of the European Union;

3a.

the preparation of the election for EU citizens,

4.

the postal ballot,

5.

the release and inclusion of insurance in the Eides,

6.

election time,

7.

the identification and determination of the results of the election,

8.

notification of the candidates elected,

9.

the review of the election,

10.

the appointment of list compliance,

11.

the conduct of post and repeat elections.

Unofficial table of contents

Section 26 Electoral examination and dispute

(1) The validity of the election and the violation of rights in the preparation or execution of the election are decided in the electoral examination procedure. (2) The provisions of the Electoral Examination Act, with the exception of the § 6 (3) (e), § 14, sentence 2, and § 16 (2) and (3) in the respectively applicable version. (3) The appeal to the Federal Constitutional Court is admissible against the decision of the German Bundestag in the electoral examination procedure. The complaint may be made by the Member whose membership is disputed, by a person entitled to vote or by a group of eligible persons whose opposition has been rejected by the German Bundestag, or by a group of at least eight persons. Members of the European Parliament from the Federal Republic of Germany shall within a period of two months rise to the Federal Constitutional Court since the decision of the German Bundestag; the appeal shall be filed within that period. Reasons. For the appeal to the Federal Constitutional Court, the provisions of the Law on the Federal Constitutional Court shall apply. (4) Moreover, decisions and measures directly related to the electoral procedure can only be made with the provisions of the Federal Constitutional Court in accordance with the provisions of the Federal Constitutional Court. of this law and of the legal remedies provided for in the electoral regulations. Unofficial table of contents

§ 27

(Amendment of the Criminal Code) Unofficial table of contents

Section 28 State funds for other political associations

(1) Other political associations participating in the election of the Members of the European Parliament with their own nominations and, following the final election result, at least 0.5 of the hundreds of votes cast in the electoral area. valid votes will receive 0.70 Euro per year for each valid vote. By way of derogation from the first sentence, they shall receive EUR 0.85 per vote for up to 4 million votes. The funds are to be published in the federal budget. (2) The provisions of the party law on the obligation to hold public accounts shall apply accordingly. The obligation to hold accounts shall begin with the year in which the election takes place and ends with the year in which the last candidate elected from the electoral proposal of the other political union has left the European Parliament (3) The provisions of the Party Law on the absolute ceiling do not apply; the provisions on the relative ceiling apply accordingly. (4) The provisions of the Party Law on the payment procedure and on the Disbursements shall apply accordingly. Unofficial table of contents

§ 29

(dropped) Unofficial table of contents

§ 30

(Entry into force)