EU Elections

EU Elections

European Union Elections are governed by European and domestic legislation.  European Parliament Elections Act, 1997 is the present legislation.  Parts of the (general) Electoral Act apply.

European elections are held every five years in May or June in the fourth and ninth year of each decade.  They take place Europe-wide during a four-day period.  A four-day period is allowed, and the Minister for the Environment and Local Government nominates the day concerned.

The Republic of Ireland has twelve (13) seats in the European Parliament and there are four constituencies. Seats are allocated at the European Union level.

The election comprises Irish citizens and nationals of other European Union states resident in Ireland.  Their names must be on the register of electors.  The same broad principles apply to postal and other special voting.

Elections take place by way of proportional representation by a single transferable vote in multi-seat constituencies in the same manner as in a Dail election.

Candidates

Nationals of any EU state over 21 years who are not disqualified by law may stand as candidates.  A person may be a candidate in one constituency only. A range of persons are disqualified from candidacy for the European Parliament.  They include

• persons under 21 years,
• non-EU citizens/nationals,
• certain officer holders at national and EU level.
• Officers of the EU bodies.
• members of an Garda Siochana and Defence Forces.
• certain civil servants unless expressly permitted.
• persons serving sentences more than six months.
• undischarged bankrupt (repealed).

Names of national parties and European affiliate groups appear on the ballot paper.  Candidates must furnish certificates of party affiliation to the clerk of the Dail. A deposit is required.  It is refunded if the candidate exceeds one-quarter of the quota. Photographs are to appear on the ballot paper.

Vacancies

Vacancies are filled from a list of replacement candidates published at the time of the election concerned.  Nominations for replacement candidates are presented to the returning officer prior to nominations being closed.  Political parties may nominate replacements, and a non-party candidate may nominate up to three replacements.

A candidate may also be on the replacement list.  A candidate may not be on the replacement list in more than one constituency.  These replacement candidates are published and shown in each polling station. A vacancy is filled by a person on the replacement list.

The arrangements for the count are broadly similar to those for a Dail election.

2014 Elections

Electoral, Local Government and Planning and Development Act 2013 amends the European Parliament Elections Act 1997, provides for the transposition of Council Directive 2013/1/EU which amends the nomination requirements in Directive 93/109/EC for EU citizens standing for election to the European Parliament in a Member State of which they are not nationals.

The polling day order for a European election must be made not less than 50 days before the polling day of the election. A national of a Member State other than the State or the United Kingdom standing at a European election in Ireland and an Irish citizen standing at a European election in another Member State.

There is provision for the return of a deposit to a person whose candidature is deemed to be withdrawn when the returning officer is notified, before the latest time for withdrawal of candidature, that that person has been deprived of the right to stand as a candidate under the law of that person’s home Member State. Notice of election must be given not later than the thirty-fifth day (disregarding any excluded day) before the polling day.

Committee

The 2013 Act provides for the establishment of a committee to report on European Parliament constituencies in the context of a change in the number of MEPs to be elected in Ireland. Similar provisions apply to the committees that apply to a Constituency Commission under the Act as regards terms of reference, membership and members, staff and expenses, procedures, disclosure of information and communications.

The total number of members of the European Parliament to be elected in the State shall be that specified pursuant to the treaties governing the European Communities.The committee is to present a report on European Parliament constituencies to the Chairman of the Dáil not later than 2 months after establishment, that the committee will stand dissolved upon presentation of that report and that the Chairman of the Dáil will lay the report before each House of the Oireachtas.

The committee will give public notice of its intention to make a report on European Parliament constituencies indicating that submissions may be made within one month. The section also provides that the submissions shall be made available free of charge to any person wishing to examine them and that the committee shall
consider every submission made.

Candidates from other States

The 2013 Act provides for the replacement of the requirement for a person named as a candidate, who is a national of a Member State other than the State or the United Kingdom, to submit an attestation from the person’s home Member State with a requirement for the person to include additional information in the statutory declaration already required. Such candidates must, in addition to the requirements already in place, be required to provide their date and place of birth, their last address in their home Member State and a declaration that the person does not stand deprived of the right to stand as a candidate under the law of the person’s home Member State.

The rule also provides for the Minister to check the statutory declaration with the home Member State and for the candidature of a candidate to be deemed to be withdrawn if the returning officer is notified before the latest time for withdrawal of candidature that the person stands deprived of the right to stand as a candidate under the law of the person’s home Member State.

The latest date for receiving nominations from a national of a Member State, other than the State or the United Kingdom, will be 12 noon on the 7th day (disregarding any excluded day), and from an Irish or British citizen will be 12 noon on the 14th day (disregarding any excluded day), after the latest date for publication of the notice of election.

The returning officer shall attend to receive nominations at specified times on the day before and on the latest dates for receipt of nominations. The 2013 Act removes the provision that a nomination paper from a person who is a national of a Member State, other than the State or the United Kingdom, shall be ruled invalid if it is not accompanied by an attestation from the person’s home Member State.

The 2013 Act amends the European Parliament Elections Act 1997 to provide for the replacement of the requirement for a person nominated as a replacement candidate, who is a national of a Member State other than the State or the United Kingdom, to submit an attestation from the person’s home Member State with a requirement for the person to include additional information in the statutory declaration already required.

Such persons are, in addition to the requirements already in place, required to provide their date and place of birth, their last address in their home Member State and a declaration that the person does not stand deprived of the right to stand as a candidate under the law of the person’s home Member State. The Minister is to check the statutory declaration with the home Member State and for the name of the replacement candidate to be deleted from the replacement candidates list if the returning officer is notified before the latest time for withdrawal of candidature that the person stands deprived of the right to stand as a candidate under the law of the person’s home Member State.

In the filling of a vacancy from a replacement candidates list, a person who is a replacement candidate and a national of a Member State other than the State or the United Kingdom must include in the statutory declaration required a declaration that the person does not stand deprived of the right to stand as a candidate under the law of the person’s home Member State.

The Minister is to check that declaration with the home Member State and for the Clerk of the Dáil to proceed with the necessary notifications leading to the person being regarded as having been elected where the Clerk is notified by the Minister that the person does not stand deprived of the right to stand as a candidate under the law of the person’s home Member State or not later than 25 days after the Clerk receives the statutory declaration, whichever is the sooner.

The purpose of the Electoral (Amendment) Act 2014.is to repeal the provisions in the Electoral Act 1992 and the European Parliament Elections Act 1997, which disqualified an undischarged bankrupt from eligibility for election to or membership of the Da´il and the European Parliament

2019 Act Revisions

The purpose of the European Parliament Elections (Amendment) Act 2019 is to give effect to European Council Decision (EU) 2018/937 of 28 June 2018 establishing the composition of the European Parliament and to certain provisions in Council Decision (EU, Euratom) 2018/994 of 13 July 2018 amending the Act concerning the election of the members of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976.

The Act implements the recommendations in the Report on European Parliament Constituencies 2018 (September 2018) in order to provide for revised European Parliament constituencies for the 2019-2024 parliamentary term having particular regard to the number of seats allocated to Ireland in accordance with Article 3(1) of Council Decision (EU) 2018/937. The Report on European Parliament Constituencies 2018 was prepared by the European Parliament Constituency Committee established in accordance with section 5(1A) of the Electoral Act 1997. The Act will also provide for the number of members to be elected in each European Parliament constituency.

In addition to revising European Parliament constituencies, the Act amends the European Parliament Elections Act 1997 in order to revise the timeframes in respect of the making of a ‘polling day order’ and the giving of the ‘notice of election’. These are largely technical amendments necessary to implement certain requirements set out in Council Decision (EU, Euratom) 2018/994 in relation to the mandatory deadline for the submission of candidates and for the exchange of information on candidate nominations with other Member States.

The Act also provides for the inclusion of the names of European political parties on European Parliament ballot papers. This provision is voluntary and mirrors similar legislative provisions which currently exist in respect of European political groups.

2019 Elections

The 2019 Act extends the minimum period of time by which the Minister for Housing, Planning and Local Government must make a ‘polling day order’ announcing the date for the holding of a poll for an election to the European Parliament.

The ‘polling day order’ will have to be made by the Minister not less than 60 days before polling day (currently, it is not less than 50 days). This is a consequential amendment extends the timeframe for the giving of the ‘notice of election’ as set out in Rule 2 of the Second Schedule to the Principal Act.

The extension of the current timeframe for the giving of the ‘notice of election’ as set in Rule 2 will ensure that the mandatory requirements under Decision (EU, Euratom) 2018/994 in respect of the three-week deadline for receipt of nominations as well as the six-week deadline for the commencement of the exchange of information will be achieved. The Act provides that the timeframe for a returning officer to issue a ‘notice of election’ shall increase to 45 days before polling day – up from the current 35 days.

The amendments allow candidates standing for election to the European Parliament the option to include on their ballot papers the name of any European political party to which their national political party may be affiliated.

National political parties are allowed the option of including on the Register of Political Parties the name of any European political party to which they may be affiliated.